DU205NC-12-Q-0025.rtf
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- Revisions to the 2000 Residential Structural Design Guide Federal contract opportunity
- Solicitation number
- DU205NC-12-Q-0025
About this file
Solicitation
Text of this file
TABLE OF CONTENTS
SECTION PAGE
STANDARD FORM 18 1
TABLE OF CONTENTS 3
PRICE/COST SCHEDULE 4-5
STATEMENT OF WORK 6-16
SAP PROVISIONS AND CLAUSES 17-42
FOR PURCHASE OF SERVICES AND
SUPPLIES OVER $3,000
INSTRUCTIONS FOR PREPARING 43-47
AND SUBMITTING QUOTATIONS
EVALUATION FACTORS FOR AWARD 48-49
PRICE/COST SCHEDULE
PURCHASE ORDER (PO) TYPE
This is a Firm Fixed Price (FFP) Purchase Order (PO), in accordance with the Federal Acquisition Regulations (FAR) Subpart 13.- Simplified Acquisition Procedures.
DESCRIPTION OF SERVICES
This PO will support the U.S. Department of Housing and Urban Development (HUD), Office of Policy Development and Research (PD&R), and this project proposes to update the Residential Structural Design Guide to reflect current research and performance requirements (through added content or revisions).
PRICES/COSTS FOR REQUIRED SERVICES
As full compensation for providing technical assistance on an as needed basis in accordance with the attached Statement of Work, the contractor will be paid the FFP applicable to the Contract Line Item(s) (CLINs) listed below:
CONTRACT LINE ITEM(S)
CONTRACT LINE ITEM(S)
APPLICABLE SERVICES/TASKS
QUANTITIES
ESTIMATED UNIT(S)
TOTAL
ESTIMATED PRICE(S)
CLIN 0001
Start Up Meeting and Final Management Work Plan One (1) Each
CLIN 0002
Establish Review Structure One (1) Each
CLIN 0003
Revised Table of Contents, annotated to indicate proposed changes One (1) Each
CLIN 0004
Draft Revised Residential Structural Design Guide One (1) Each
CLIN 0005
Final Draft Revised Residential Structural Design Guide One (1)
Each
CLIN 0006
Final Revised Residential Structural Design Guide
Each
CLIN 0007
Format and Edit Final Residential Structural Design Guide (performed by HUD) One (1)
Each
CLIN 0008
Review Final Residential Structural Design Guide for Technical Integrity One (1) Each
CLIN 0009
Closeout Report Final Project Report One (1) Each Total Estimated Dollar Amount
STATEMENT OF WORK
REVISIONS TO THE 2000 RESIDENTIAL STRUCTURAL DESIGN GUIDE
Affordable Housing Research and Technology Division Office of Policy Development and Research U.S. Department of Housing and Urban Development
1. Background and Objectives
The HUD Office of Policy Development and Research has been extensively involved in supporting research and development on building technology innovations, construction systems, products, standards, regulations, and code issues which affect the affordability, safety and livability of the nation’s housing. As the interrelationships of these topics become more complex, the continued need to conduct research and demonstrations becomes even more critical.
HUD sponsored the development of the 2000 edition of the Residential Structural Design Guide, a document to assist engineers, architects and other designers in developing resource efficient designs for residential buildings. Because many aspects of residential design typically rely on a prescriptive approach (such as 2x4 studs 16 inches on center) with little regard for the actual structural requirements, the requirements of an “engineered” design is often unfamiliar to engineers and architects.
Since the Residential Structural Design Guide was published in 2000, many new building code requirements have been implemented and the understanding of the loads homes experience has improved. Additionally, new products have entered the market that may affect the way homes are designed.
This project will serve to update the Residential Structural Design Guide to reflect current research and performance requirements (through added content or revisions).
Because this effort is intended to facilitate more efficient designs, establishing relationships for input and review with organizations that can promote the use of the Residential Structural Design Guide would be beneficial. Those organizations include associations of builders, architects, engineers, and product manufactures.
2. Scope of Work
The contractor will review the 2000 Edition of the Residential Structural Design Guide and make revisions necessary to ensure it is consistent with current design practice and building codes.
The guide is available from HUDUser as:
http://www.huduser.org/Publications/pdf/res2000_1.pdf
The original document (in Microsoft Word with the embedded graphics) will be provided to the contractor following contract award.
While the document is intended to highlight the approaches for design to achieve specific performance levels in a non-proprietary manner, HUD recognizes that some structural products may be proprietary and the failure to discuss those type products would decrease the utility of the ultimate document. The final document should address the use of such proprietary products (families of products if possible) but should present the information in a manner that does not suggest endorsement.
Because the final document is likely to be distributed primarily via the internet, the document may use color for emphasis in a manner that wouldn’t be cost effective for printed documents. The contractor should ensure that any use of color does not affect the document’s utility when printed in black and white.
2a. General Project Description
The contractor will review and revise the 2000 Edition of the Residential Structural Design Guide and provide an updated version that reflects current design and performance standards and will assist designers of homes in efficiently incorporating these design requirements in homes.
2b. General Requirements
The Contractor shall maintain regular, frequent, and responsive contact with the Government Technical Representative/Monitor (GTR/GTM).
Periodic progress reporting is considered as part of each individual task.
Task 7 of this project (Format and Edit Final Residential Structural Design Guide) will be largely performed by a copy editing and graphics contractor working for PD&R’s Research Utilization Division. Please read that task description carefully to understand the contract requirements. You may be called upon to provide input as the copy editing and graphics effort continues.
Each of the specific tasks shall be concluded with a report or other document submitted as a deliverable.
2c. Reports/Publications/Outreach
Written reports (both status and other interim deliverables) will be delivered in both electronic as well as hard copy. During development of the final management work plan (following the kickoff meeting), the GTR may elect to receive such reports in just the electronic form. Reports should be submitted either in both the initial format (such as Microsoft Word (docx), Excel (xlsx), PowerPoint (pptx) or other such formats) as well as Adobe Acrobat (pdf) files. At present (April 2012), HUD is using Microsoft Office 2007.
The PD&R publication, Guidelines on Preparing a Report for Publication (available at http://www.huduser.org/about/guidelines_prepare_report.html) provides specific information and requirements regarding the format of written materials intended for publication.
Documents that will be published should be reviewed by a trained editor to ensure they are free of grammar, spelling, or other typographical errors prior to submission to HUD. In addition, all final reports shall be submitted as hard copy, as PDF files and in original electronic format or as otherwise specified by the GTR. All deliverables must be submitted as proofed, edited, high quality documents. The Contractor should include appropriate photographs and other graphics (and electronic copies of the photographs). Discussion of the closeout report (task 9) includes requirements for submission of electronic files.
In addition to addressing the technical issues associated with the completion of the effort, the final report should address possible strategies for the dissemination of information on the project to interested parties in the industry (including the names and addresses of individuals or organizations who would be interested in the information). The final task deliverable shall be accompanied by a strategy for the distribution of the information (a dissemination plan). This requirement is limited to the identification of possible strategies and does not require the Contractor to actually perform any dissemination or outreach efforts unless explicitly stated elsewhere in this SOW. In addition to the report and the distribution plan described above, the contractor will provide a foreword for the report (typically these are signed by the Assistant Secretary for PD&R).
Outreach efforts conducted in support of this effort will preferentially emphasize the role of HUD (instead of the contractor). That includes coordination with the press, the public and on the web. For example, interviews or written materials would state “John Doe, of Acme Incorporated, representing HUD’s Office of Policy Development and Research …” instead of “John Doe, of Acme Incorporated …”. This is not intended to preclude business development activities on the part of the contractor but such activities are not within the scope of this effort.
2d. Specific Tasks
As a result of a Government assessment of the general project description, a number of tasks have been identified. Each of these tasks is described below. This statement of work also includes a schedule of deliverables and related activities.
Note that each of the tasks (Tasks 1-9) should be considered to be comprehensive as described.
The duration of each of these tasks is shown in Table 1. The schedule for the conduct of this contract effort is generally expected to be left to the discretion of the contractor. The contractor is free to identify a schedule, which may lead to completion of the work in less time than is identified in this SOW. If an exception to this is approach is appropriate for a particular task, that task will include a specific discussion of the alternate expectation. In some cases, it may be necessary that a specific contract service must be provided continuously for the full period of performance.
Task 1 Start Up Meeting and Final Management and Work Plan
Within one week of the notice of award, the Contractor shall confer with the Government Technical Representative (GTR) to schedule a start-up meeting. The Contractor shall be required to attend via telephone or in person (as determined by the GTR) a startup meeting at the HUD Headquarters for the purpose of project orientation and discussion of HUD comments on the products of this effort. The meeting will also allow discussion to clarify any remaining questions, finalize the Final Management and Work Plan (FMWP), and begin project activity.
The FMWP shall be developed from the Preliminary Management and Work Plan that was included in the Contractor’s proposal. The FMWP shall include an expanded listing of the tasks and sub-tasks in this SOW. This listing will include the start date, completion date, and major milestones for each task and activity. The FMWP will also include a discussion of the relationship between one task and another. The FMWP is due two weeks following the startup meeting (three weeks after contract award).
As part of this task, the contractor shall, in coordination with the GTR update the schedule of the FMWP every six months. This update will generally be limited to the deliverable schedule, but may be expanded if the schedule changes necessitate revisions to the FMWP.
Deliverable: Final Management and Work Plan.
Duration: Three (3) weeks following contract award
Task 2 Establish Review Structure
The contractor will identify and establish the review structure for the revisions to the Residential Structural Design Guide. This structure will include identification of the organizations that will participate in the review as well as specific individuals from those organizations.
The reviewers should include individuals representing the home building industry (NAHB and others), the federal government (FEMA and Department of Energy), relevant trade or industry associations that represent the materials or design community (such as ASCE, SIPA, SFA, PCA, APA-The Engineered Wood Association, and the National Concrete Masonry Association) building code organizations (such as the ICC) and organizations advocating for better design and construction (such as IBHS, Applied Technology Council and FLASH). It is expected that this list would be developed collaboratively with the GTR and would be used to both solicit recommended changes to the Residential Structural Design Guide as well as review the proposed revisions.
Please note that this task includes all efforts directed at the conduct of the actual effort, preparation and submission of periodic status reports, and preparation and revision of any described interim and final deliverables.
The schedule for the conduct of this task:
[X] the contractor is free to propose a shorter schedule, which will lead to completion of the task in less time than is stated in this SOW
[ ] is not left to the discretion of the contractor.
Deliverable: Review Structure and Names of Reviewers (letter report) Duration: Six (6) weeks
Task 3 Review Requirements and Propose Revised TOC
The contractor will conduct a review of the current requirements for structural design of homes (using the 2012 International Residential Code and the current version of Minimum Design Loads for Buildings and Other Structures (ASCE 7-10) as baseline documents) to identify the specific revisions necessary to the Residential Structural Design Guide. This process should include a rationale for the selection of the proposed revisions.
The contractor will actively solicit input from the reviewers identified in Task 2 to contribute to the revised table of contents.
Because disasters have resulted in significant housing and monetary loss since the document was published, the review should pay particular attention to the design of disaster resistant housing.
As part of this review, the contractor will also identify (or solicit from others) topics in the 2000 edition of the Residential Structural Design Guide that could be enhanced for greater utility. As part of this review, it is possible that certain topics that are presently in the Residential Structural Design Guide should be deleted. If that is the case, those recommendations should be provided.
In the event a significant number of changes are required, the proposed revisions should be ranked by their degree of criticality to support a focused effort on the areas of greatest import.
Please note that this task includes all efforts directed at the conduct of the actual effort, preparation and submission of periodic status reports, and preparation and revision of any described interim and final deliverables.
The schedule for the conduct of this task:
[ ] the contractor is free to propose a shorter schedule, which will lead to completion of the task in less time than is stated in this SOW
[X] is not left to the discretion of the contractor. The review comments provided as part of this effort are critical and the volunteer reviewers will need an appropriate amount of time.
Deliverable: Revised Table of Contents, annotated to indicate proposed changes Duration: Twelve (12) weeks – this task is assumed to begin two weeks before Task 2 concludes
Task 4 Develop Revisions to the Residential Structural Design Guide
Based on earlier analysis, the contractor will develop draft revisions to the Residential Structural Design Guide. The revisions will be presented as fully developed text revisions and drawings (the contractor may opt to include initial review drawings as rough sketches instead of CAD drawings).
The revisions would follow the general format established in the 2000 edition of the Residential Structural Design Guide and would include the relevant citations to codes or standards.
In addition to the revisions that are appropriate because of changes to products or design standards, the contractor will verify the validity of the various code references in all areas of the document. This will serve to update the entire document.
While revisions in redline/strikeout are preferred, the contractor may propose some alternative approach that provides greater clarity and ease of review.
Because the document is likely to be distributed primarily via the internet, the document may use color for emphasis in a manner that wouldn’t be appropriate for printed documents.
Please note that this task includes all efforts directed at the conduct of the actual effort, preparation and submission of periodic status reports, and preparation and revision of any described interim and final deliverables.
The schedule for the conduct of this task:
[X] the contractor is free to propose a shorter schedule, which will lead to completion of the task in less time than is stated in this SOW
[ ] is not left to the discretion of the contractor.
Deliverable: Draft Revised Residential Structural Design Guide Duration: Twenty (20) weeks
Task 5 Coordinate Review of Draft Revised Residential Structural Design Guide and Develop Final Draft
The contractor will provide electronic copies of the draft revised Residential Structural Design Guide to the reviewers identified earlier and manage the review process.
Following the review process, the contractor will integrate the appropriate review comments into the Draft Residential Structural Design Guide. In the event a substantive review comment should not be incorporated into the document, the contractor will highlight that issue to the GTR for discussion and decision.
The contractor will, as part of this task, create high quality, technically appropriate CAD drawings to illustrate the critical design details.
Please note that this task includes all efforts directed at the conduct of the actual effort, preparation and submission of periodic status reports, and preparation and revision of any described interim and final deliverables.
The schedule for the conduct of this task:
[ ] the contractor is free to propose a shorter schedule, which will lead to completion of the task in less time than is stated in this SOW
[X] is not left to the discretion of the contractor. Because the comments of the reviewers is critical to the value of the effort, they must be provided adequate time.
Deliverable: Final Draft Revised Residential Structural Design Guide Duration: Eight (8) weeks
Task 6 Develop Final Residential Structural Design Guide
The contractor will incorporate final changes in the Final Draft Revised Residential Structural Design Guide based on a government review. The result of this effort will be the electronic files necessary for final copy editing and formatting of the document as described in Task 7.
The deliverable will be delivered as:
• Microsoft Word file for text and tabular information
• High resolution jpg for photos
• Native CAD file formats (and pdf or jpg exports) for drawings
The files will be delivered as individual files, with the file names and directory structure appropriate to facilitate effective assembly of the final document.
Please note that this task includes all efforts directed at the conduct of the actual effort, preparation and submission of periodic status reports, and preparation and revision of any described interim and final deliverables.
The deliverable for this task will be the native format electronic documents that will be used to create the final document (by a separate HUD copy editing and graphics contractor). The contractor will provide the native word processing, graphics, CAD and image files labeled in a manner to allow the copy editing and graphics contractor to assemble the final document.
The schedule for the conduct of this task:
[X] the contractor is free to propose a shorter schedule, which will lead to completion of the task in less time than is stated in this SOW
[ ] is not left to the discretion of the contractor.
Deliverable: Final Residential Structural Design Guide Duration: Eight (8) weeks
Task 7 Format and Edit Final Residential Structural Design Guide
Note: The actual formatting and editing of the Final Residential Structural Design Guide will be performed by a separate HUD copy editing and graphics contractor. This will occur following completion of the substantive work of this contract but before the conclusion of the contract. The HUD copy editing and graphics contractor will convert the Final Residential Structural Design Guide into a distribution ready document.
The contractor will deliver the final version of the Residential Structural Design Guide to the GTR who will forward it to the PD&R Research Utilization Division for the editing and graphics contracts. Edited version containing suggested edits and queries will be returned to GTR when complete. The GTR may engage the contractor (for this contract) during this process to ensure responses to the graphics contractor are technically appropriate. After the suggested edits have been addressed and the queries answered, the GTR returns the approved text version to the Research Utilization Division so their editing contractor can incorporate any changes. When all changes have been made GTR will have a chance to approve the text.
Deliverable: Edited Final Residential Structural Design Guide Duration: Five (5) weeks
Task 8 Review Edited Final Residential Structural Design Guide for Technical Integrity
The contractor will review the Edited Final Residential Structural Design Guide to ensure technical integrity has been maintained through the editorial process.
Deliverable: Review comments Duration: Four (4) weeks
Task 9 Closeout Report
The Contractor shall prepare financial and status reports that will allow the GTR to complete the appropriate documents required to formally close the contract effort. This includes an affirmative statement from the Contractor that all invoices have been submitted.
As part of the closeout process, the contractor will provide CD(s) or DVD(s) with electronic copies of all reports and invoices (in the original word processing, spreadsheet or other electronic format and as a PDF); deliverables (in both the original and PDF formats); presentations (in the presentation software format); all graphics such as CAD or other drawings (in their native format), and photos taken for the project (in JPG format). These should be organized in some readily apparent system as determined by the contractor and GTR.
Deliverable: Closeout Report.
Duration: Two (2) weeks
3. Schedule for the Deliverables and Activities
This effort has a period of performance of 80 weeks.
The following schedule of deliverables and activities assumes that the kickoff meeting shall be held within two weeks after project initiation, and that HUD will review all draft deliverables in a timely manner.
Table 1 - Schedule Task Activity or Deliverable Duration Due Date Government Review Period Start Up Meeting and Management and Work Plan 3 weeks 3 weeks 1 week Review Structure 6 weeks 10 weeks 0 weeks Revised Table of Contents, annotated to indicate proposed changes 12 weeks 20 weeks 2 weeks Draft Revised Residential Structural Design Guide 20 weeks 42 weeks 4 weeks Final Draft Revised Residential Structural Design Guide 8 weeks 54 weeks 3 weeks Final Revised Residential Structural Design Guide 8 weeks 65 weeks 2 weeks Format and Edit Final Residential Structural Design Guide (performed by HUD) 5 weeks 72 weeks 0 weeks Review Final Residential Structural Design Guide for Technical Integrity 4 weeks 76 weeks 2 weeks Closeout Report 2 weeks 80 weeks 0 weeks
4. Progress Reporting
The Contractor shall provide progress reports on a quarterly basis. Progress reports are intended to be brief, allowing it to be prepared and reviewed in a short period of time. The progress reports shall be provided to the GTR within ten (10) days of the completion of the reporting period. These narrative reports shall report the progress on all task activities. The progress reports shall include:
•Contract and Information
• Contract number
• Contractor’s name and address
• Contract number, title, period of performance (from - to), and expectation date
• Task number and title
• Date and sequence number of report
• Period of performance being reported
• Section I - Introduction. Discuss the purpose and scope of the contract effort. This shall be limited to one paragraph in all but the first and final reporting periods. For the first and final reporting periods, the narrative should identify the work that will be (was) subcontracted, and, if possible, the subcontractor’s type of organization (i.e., minority-owned, non-profit, etc.).
• Section II - Progress and Schedule. Provide a general description of the overall progress. The Contractor shall provide an estimate of the percentage of the task effort that has been completed through the reporting period.
• Compare the actual progress to the planned progress. Provide a detailed description of substantive progress on the task. Discuss milestones that were projected in the Management and Work Plan. If the milestone was not met, discuss the reason for the delay. If the effort is behind schedule, why have those delays occurred and what actions have or will be taken to correct the delays.
Discuss any technical or performance problems that may exist, along with corrective actions proposed or implemented. The description and discussion should include pertinent data, graphs, or other information necessary to allow understanding of the results achieved to date.
• Discuss the status of the funding. This discussion should include a detailed assessment of the available funding and rates of expenditures. It is not necessary to provide budget summaries or any detailed financial information in this discussion.
• For the report period six months before the end of the period of performance, the contractor shall specifically discuss if their progress on the project will result in the completion of the contract effort by the end of the period of performance. In the event the contractor feels an extension of the period of performance may be required, that should be highlighted in the progress report and a discussion held with the GTR. Extensions of the period of performance take several months to process so they must be submitted in a timely manner.
• Section III - Planned Effort. Describe the work effort that will be performed during the next reporting period.
• Section IV - Key Staff Changes. Describe any changes to the key staff assigned. Note that staff changes for individuals identified as ‘key personnel’ may require additional Government concurrences.
5. Review and Response
HUD shall review submittals and provide comments following the schedule shown in Table 1. The Contractor shall make appropriate changes and submit copies of these changes to HUD for final review.
SAP PROVISIONS AND CLAUSES FOR PURCHASE OF SERVICES AND SUPPLIES OVER $3,000
52.204-7 CENTRAL CONTRACTOR REGISTRATION. (FEB 2012)
(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.
“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
“Registered in the CCR database” means that—
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and
(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.
(b)
(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number—
(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(g) (1)
(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:
(A) Change the name in the CCR database;
(B) Comply with the requirements of Subpart 42.12 of the FAR;
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (MAR 2012)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].
(2) The small business size standard is [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in ORCA areapplicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.
(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--Representation and Certification. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
(Contracting Officer check as appropriate.)
[ ](i) 52.219-22, Small Disadvantaged Business Status.
[ ](A) Basic.
[ ](B) Alternate I.
[ ](ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
[ ](iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
[ ](iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.
[ ](v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
[ ](vi) 52.227-6, Royalty Information.
[ ](A) Basic.
[ ](B) Alternate I.
[ ](vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.
(End of Provision)
52.213-2 INVOICES. (APR 1984)
The Contractor's invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state -
(a) The starting and ending dates of the subscription delivery; and
(b) Either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment.
52.213-4 TERMS AND CONDITIONS - SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS). (MAR 2012)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
(ii) 52.222-21, Prohibition of Segregated Facilities (FEB 1999) (E.O. 11246).
(iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(iv) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
(v) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(vi) 52.233-3, Protest After Award (AUG 1996)(31 U.S.C. 3553).
(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(2) Listed below are additional clauses that apply:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012)(Pub. L. 109-282)(31 U.S.C. 6101 note).
(ii) 52.232-1, Payments (APR 1984).
(iii) 52.232-8, Discounts for Prompt Payment (FEB 2002).
(iv) 52.232-11, Extras (APR 1984).
(v) 52.232-25, Prompt Payment (OCT 2008).
(vi) 52.233-1, Disputes (JUL 2002).
(vii) 52.244-6, Subcontracts for Commercial Items (JAN 2011).
(viii) 52.253-1, Computer Generated Forms (JAN 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)
(ii) 52.222-20, Walsh-Healey Public Contracts Act (OCT 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).
(iii) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more).
(iv) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(v) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more).
(vi) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351), et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.)
(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be -
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)
(ix) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition -
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).
(x) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.)
(xi) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)
(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)
(2) Listed below are additional clauses that may apply:
(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (Applies to contracts over $30,000).
(ii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).
(iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)
(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): [Insert one or more Internet addresses]
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights -
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience.
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