Clauses.docx
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- Solicitation number
- EA-133F-14-RQ-0950
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Clauses
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| File | Type | Posted |
|---|---|---|
| FormSF18.pdf | ||
| STATEMENT_OF_WORK.docx | DOCX document |
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1. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)
(Reference 1301.602-170)
2. 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
(Reference 4.1105)
3. 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
(Reference 1309.507-2)
4. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
(Reference 1309.507-2)
5. 52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JAN 2014) (Reference 13.302-5)
6. 1352.237-75 KEY PERSONNEL (APR 2010)
(Reference 1337.110-71)
7. 52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) (APR 1984)
(Reference 46.309)
8. 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (C0R) (APR 2010)
(a) To be determined at time of award is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:
| __________ | ||
| __________ | ||
| __________ | ||
| Phone Number: __________ | ||
| Email: __________ | ||
| (b) | The responsibilities and limitations of the COR are as follows: | |
| (1) | The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. | |
| (2) | The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. |
(End of clause)
9. 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014)
(a)
| (1) | The North American Industry Classification System (NAICS) code for this acquisition is _541712_ |
| (2) | The small business size standard is _500 Employees_ |
| (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 electronic ally, 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 are applicable 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) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. | ||
| (vi) 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. | ||
| (vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. | ||
| (viii) 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. |
(ix) 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.
| (x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. | |
| (xi) 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. | |
| (xii) 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. | |
| (xiii) 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. | |
| (xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. | |
| (xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1. | |
| (xvi) 52.225-4, Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) 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 $67,826, the provision with its Alternate II applies. | |
| (xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. | |
| (xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations. |
(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.
| (xx) 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: | |
| ___ (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) 52.223-13, Certification of Toxic Chemical Release Reporting. | ||
| ___ (vii) 52.227-6, Royalty Information. | ||
| ___ (A) Basic. | ||
| ___ (B) Alternate I. | ||
| ___ (viii) 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 System for Award Management (SAM) website at https://www.samgov. After reviewing the SAM 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 SAM.
(End of Provision)
10. 1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010)
The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following factors will be used to evaluate quotations:
Technical capability and past performance are more important than price.
(End of clause)
11. 1352.213-71 INSTRUCTIONS FOR SUBMITTING QUOTATIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD - NON-COMMERCIAL (APR 2010)
| (a) | North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is _541712__ ___500 Employees___ | |
| (b) | Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, quotations must show- | |
| (1) | The solicitation number; | |
| (2) | The name, address, and telephone number of the offeror; | |
| (3) | Acknowledgment of solicitation amendments; | |
| (4) | A technical description showing that the offeror can supply the requirements in the specifications or statement of work in sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation. | |
| (5) | Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and reference information (including contract numbers, points of contact with telephone numbers and other relevant information). | |
| (6) | Price and any supporting details for the price, as requested in the solicitation. | |
| (c) | Offerors are responsible for submitting quotations, and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. The offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received. |
(End of clause)
12. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) day.
(End of Clause)
13. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within one (1) day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least (1) day before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 12 months.
(End of clause)
14. 1352.233-70 AGENCY PROTESTS (APR 2010)
| (a) | An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) | |
| (b) | Agency protests filed with the Contracting Officer shall be sent to the following address: | |
| Department of Commerce, NOAA, ERAD | ||
| Attn: Tameka Long | ||
| 200 Granby Street, 8th Floor | ||
| Norfolk, VA 23510 |
(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:
U.S Department of Commerce Senior Procurement Executive 1401 Constitution Avenue NW Suite 6422 Washington DC 20230
| (d) | A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. |
| (e) | Service upon the Contract Law Division shall be made as follows: |
| U.S. Department of Commerce | |
| Office of the General Counsel | |
| Chief, Contract Law Division | |
| Room 5893 | |
| Herbert C. Hoover Building | |
| 14th Street and Constitution Avenue, N.W. | |
| Washington, D.C. 20230. | |
| FAX: (202) 482-5858 |
(End of clause)
15. CONTRACT DELIVERABLES
| Item |
| Description |
| QTY |
| Due Date |
| Delivery To: |
| Reference |
| 1 |
| Final Report |
| 1 |
| End of Period of Performance |
| COTR |
| Statement of Work |
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