FA3030-16-Q-0106.pdf
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- FA3030-16-Q-0106
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SEE ADDENDUM
(No Collect Calls)
FA3030-16-Q-0106 12-Sep-2016
b. TELEPHONE NUMBER
(325) 654-5164
8. OFFER DUE DATE/LOCAL TIME
04:00 PM 13 Oct 2016
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
FA30309. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JACK R. BAKER
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
F1Z5046015A001
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
17TH CONTRACTING SQUADRON -FA3030
210 SCHERZ BLVD
WILLIAM.SIMPKINS@US.AF.MIL
GOODFELLOW AFB TX 76908-4705
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE F1Z504 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
312 TRS (FIRE TRAINING)- F1Z504
FIRE TRAINING 301 COMANCHE TRAIL
BLDG 3453 RM 157
GOODFELLOW AFB TX 76908
TEL: 325-654-3386 FAX:
(325) 654-4427FAX:
TEL: (325) 654-4421 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
333912
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF63
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
FA3030-16-Q-0106
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each Phase One Parts
FFP
See SOW FOB: Destination
NSN: 4310-01-632-8868
PURCHASE REQUEST NUMBER: F1Z5046015A001
SIGNAL CODE: A
NET AMT
0002 1 Each Phase One Install
FFP
See Schedule FOB: Destination
NSN: 4310-01-632-8868
0003 1 Each Phase Two Parts
FFP
See Schedule FOB: Destination
0004 1 Each Phase Two Install
FFP
See Schedule FOB: Destination
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 45 dys. ADC 1 312 TRS (FIRE TRAINING)- F1Z504
FIRE TRAINING 301 COMANCHE TRAIL
BLDG 3453 RM 157
GOODFELLOW AFB TX 76908
325-654-3386 FOB: Destination
F1Z504
0002 45 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0003 45 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0004 45 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
STATMENT OF WORK
STATEMENT OF WORK FOR
REMOVAL AND REINSTALLATION OF AIR COMPRESSORS, CASCADE SYSTEM AND FILL
STATIONS
1. DESCRIPTION:
1.1. Scope: The Contractor shall provide all personnel, equipment, tools, material, transportation, labor, and supervision required to remove and replace the existing high pressure compressors, purification system, cascade system and control panels .
1.2. Location: Louis F. Garland Fire Training Academy (Bldg. 3453) on Goodfellow AFB, TX.
2. PERSONNEL: Contractor personnel shall present a neat appearance and be easily recognized. This may be accomplished by wearing distinctive clothing bearing the name of company or by wearing appropriate badges that contain the company name and employee name.
3. QUALITY CONTROL: The contractor shall ensure that all work performed under this Statement of Work
(SOW) meets the quality established in paragraph 9, General Tasks, and paragraph 11, Specific Tasks of this statement of work.
4. PHYSICAL SECURITY:
4.1. The Contractor shall obtain vehicle passes for each vehicle used on Goodfellow AFB during the performance period. The necessary applications for vehicle passes can be obtained by contacting the Base Contracting Officer. Before starting the work, the Contractor shall provide a list of all personnel that will work at Goodfellow AFB, to include Social Security number and driver’s license number and state, to permit security screening. Any workers that are not cleared will be identified, and will not be permitted to work on Goodfellow AFB.
4.2. The Contractor shall be responsible for safeguarding Government property associated with the required work. At the close of each work period, facilities, equipment and materials shall be secured.
5. HOURS OF OPERATION: Normal duty hours are Monday through Friday, 6:00 am to 3:00 pm. Due to the unique business of this facility with hundreds of youth around after 1500 during the week, recommend work is done on the weekends as well. The contractor can work inside the fenced area until 2000 daily if required. The contractor is not required to schedule work on Federal Holidays. No weekend work unless approved by the Contracting Officer in writing.
6. CONSERVATION OF UTILITIES: The Contractor shall instruct their employees in utilities conservation practices and shall be responsible for operating under conditions, which preclude the waste of Government utilities.
7. GOVERNMENT FURNISHED UTILITIES AND SERVICES: The Government shall provide the following without costs to the Contractor:
7.1. Primary Power, 120/240
8. CONTRACTOR FURNISHED EQUIPMENT, PARTS, MATERIALS AND SERVICES: Except for the utilities, services and equipment specifically stated to be Government furnished. The contractor shall provide all personnel, equipment, tools, transportation and supervision to complete this project. Contractor shall provide a Facility Interface Document within a reasonable period of time after the contract is awarded.
9. GENERAL TASKS:
9.1. The Contractor shall visit the job site to verify location, conditions, quantities and dimensions prior to starting work. The Contractor shall coordinate with the government representative prior to their visit to the job site.
9.2. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, and contract documents and shall not congest the site with any materials or equipment without prior written authorization. Subject to prior written approval of exact location of each, the Contractor may be permitted to set-up an office trailer/portable building, a similar job tool trailer, and a waste dumpster in a location designated inside the work area and approved by the government. The Contractor shall store his other materials and equipment at the site reserved by the government at the end of each workday.
9.3. The Contractor shall plan operations so as to keep temporary work from blocking access to completed work. If, however, conflict with normal traffic access occurs, the Contractor shall provide temporary bypass routing until such temporary work is complete.
9.4. Toilet facilities inside may not be available for use by Contractor’s personnel. Contractor will bring their own portable toilets
9.5. The Contractor shall coordinate all operations with and get written approval from the Contracting Officer before using any portion of the site.
9.6. The Contractor shall be responsible for any cutting, fitting, or patching required to complete the work to ensure all parts fit properly.
9.7. The Contractor shall take all actions to prevent work-generated refuse from entering storm drainage systems. Actions may include installation of temporary plugs, screens, strainers, or similar measures to prevent entry into systems or other actions, as necessary.
9.8. The Contractor-generated refuse and waste shall be hauled from the construction site as required to a disposal area to be selected by the Contractor, and shall be located outside the physical boundaries of the installation. This refuse and waste material shall be kept neat, orderly, and safe for workers at all times.
9.9. During the performance period of this contract, and until final completion and acceptance thereof, the
Contractor shall exercise the utmost care to avoid accidents or injuries to persons or property. The Contractor shall place and maintain all necessary barriers and safeguards, if necessary, about the work site for the prevention of accidents and shall take all precautions required to protect personnel and property to include the general public and properties adjacent to the work site.
9.10. The Contractor shall ensure workmanship is in strict accordance with industry standards and this statement of work. Installation and materials shall conform to the requirements of applicable codes to include all of the following:
9.10.1. OSHA
9.10.2. AFOSHA
9.10.3. CoE
9.10.4. U.S. Consumer Product Safety Commission
9.10.5. NFPA 70 – National Electrical Codes
9.10.6. ANSI/CGA G-7.1
9.10.7. DOT
9.11. QUALITY CONTROL: The Contractor shall maintain adequate quality control capability regardless of the volume of workload.
9.11.1. All work performed by the Contractor shall be inspected and approved by the Government before final acceptance by the Government. Contractor’s warranty period will be no less than 12 months.
9.11.2. Upon completion of each phase contractor shall request in writing a final inspection. The
Government shall inspect all work before acceptance. All work identified during the final inspection not meeting the criteria specified by this statement of work shall be repaired by the Contractor at no additional cost to the Government. The Government shall take control in phases after final inspection of each phase.
10. SPECIFICATIONS: Materials shall be appropriate for their intended use, and shall withstand the training environment, including heat and thermal shock and the physical forces of extinguishing agent application.
Selected materials shall not produce any harmful toxic effects as a result of the training environment. This product will be installed with the manufacturers recommended methods, and must be installed by a professional who is knowledgeable of this specific product to prevent exclusion of any warranty on materials.
11. PHASE ONE:
11.1. PRIOR TO STARTING: Contractor will contact the 312TRS project POC 325-654-3303 to finalize the work schedule.
11.2. Scope: (Phase I) Remove and replace the two compressors, purification system, associated piping, fill stations and high pressure cascade cylinders in support of the fire training at the Louis F. Garland Fire Training Academy.
11.2.1. Remove two compressors with purification system, associated piping, fill stations and high pressure cascade cylinders. Compressors and associated components will be moved to the burn pit area along the fence line to the west of the propane tanks, these will be turned into DRMO by the government.
11.2.2. Install two compressors with purification systems, associated piping and wiring in the mechanical room located on the east end of building 3453.
11.2.2.1. Four stage air cooled
11.2.2.2. Pressure lubrication high pressure
11.2.2.3. Maximum working pressure of 5000 psi
11.2.2.4. Programmable controller
11.2.2.5. Interstage gauges
11.2.2.6. High temperature/low oil pressure switches with shutdown
11.2.2.7. Hourmeter
11.2.2.8. Automatic condensate drain system with collection reservoir
11.2.2.9. Inlet maintenance indicator
11.2.2.10. Final pressure switch
11.2.2.11. Emergency stop switch
11.2.2.12. Charging rate of 80.4 SCFM
11.2.2.13. Motor rating: 60 horsepower
11.2.2.14. Air purification System: ANSI/CGA G-7.1 compliant
11.3. Supply and install new high pressure lines from the compressor room to room 148 SCBA fill station room.
This/these lines will be ran on the exterior of the facility and connect the compressors to the auto cascade system.
11.4. Install a bank of 22 6000 PSI cylinders in room 148.
11.4.1. Cylinders manufactured in Accordance with ISO 9809-2 specifications
11.4.2. Equipped with manifold style cylinder valves w/ ¼” NPT ports set @ 180 degrees.
11.4.3. Cylinders should be set in heavy duty racks either vertical or horizontal
11.5. Install Auto Cascade Fill Control Panel in room 148 to include.
11.5.1. Electrical panel
11.5.2. Main power entrance
11.5.3. Pressure maintaining valves (priority refill)
11.5.4. Pressure transducer
11.5.5. Main outlet (1/4”)
11.5.6. Main inlet (1/4”)
11.5.7. Relief valve (low pressure)
11.5.8. Control valves
11.5.9. Bank connections (1/4”)
11.6. Install four, three position containment fill stations with all associated piping and mounting base to be used in conjunction with the supplied auto cascade fill control panel.
12. PHASE TWO:
12.1. PRIOR TO STARTING: Contractor will contact the 312TRS project POC 325-654-3303 to finalize the work schedule.
12.2. Scope: (Phase 2) Remove and replace the compressor, purification system, associated piping, fill stations and high pressure cascade cylinders in support of the fire training at the Louis F. Garland Fire Training Academy.
12.2.1.1. Remove the compressor with purification system, associated piping, fill stations and high pressure cascade cylinders. Compressors and associated components will be moved to the burn pit area along the fence line to the west of the propane tanks, these will be turned into DRMO by the government.
12.3. Install compressor with purification systems, associated piping and wiring in the mechanical room located on the east side of the north wing of building 3453.
12.3.1. Five stage air cooled
12.3.2. Pressure lubrication high pressure
12.3.3. Maximum working pressure of 6000 psi
12.3.4. PLC controller
12.3.5. Smart pad operator interface console w/ scrolling diagnostic text display
12.3.6. Automatic condensate drain system w/reservoir, auto full indicator and compressor shut down
12.3.7. Inlet filter maintenance indicator
12.3.8. Emergency stop switch
12.3.9. Charging rate of 25.2 SCFM Tolerance on capacity +/- 5%
12.3.10. Motor rating: 20 horsepower
12.3.11. Air purification System: ANSI/CGA G-7.1 compliant
12.4. Supply and install new high pressure lines from the compressor room to room 200 SCBA fill station room.
This/these lines will be ran on the exterior of the facility and connect the compressors to the auto cascade system.
12.5. Install a bank of six 6000 PSI cylinders in room 200.
12.5.1. Cylinders manufactured in Accordance with ISO 9809-2 specifications
12.5.2. Equipped with manifold style cylinder valves w/ ¼” NPT ports set @ 180 degrees.
12.5.3. Cylinders should be set in heavy duty racks either vertical or horizontal
12.6. Install two, three position containment fill stations with all associated piping and mounting base. Dual function, top mount, four bank cascade panel. The dual function feature offers the ability to refill a storage bank, even with the valve closed, while filling SCBA's from another bank. It also includes an “Air Directional Valve" allowing the operator to select "fill from storage "or "fill from compressor"
13. PERIOD OF PERFORMACE: Performance period shall not exceed 45 calendar days for install and cleanup of each phase of this project.
14. CONTACT INFORMATION: In the event the contractor encounters problems that may prevent or delay scheduled work, the contractor shall immediately contact the Contracting Administrator at (325) 654-5164 or 312 TRS contract POC (325) 654-3386. If the call must be made after hours, the contractor shall call (325)654- 3558. Contract Administrator is Jack Baker: (325)654-5164 or jack.baker.4@us.af.mil
52.212-1 ADDENDUM
Instructions to Offerors (Addendum)
PROPOSAL PREPARATION INSTRUCTIONS
A. To assure timely and equitable evaluation of quotes, quotes must follow the instructions contained herein.
Quotes are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Quotes must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate parts:
Part I - Price Quote Part II - Technical Capability
B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial quotes, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; quotes may be required to submit cost data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.
C. Specific Instructions:
1. PART I – PRICE QUOTE - Submit original and one (1) copy
(a) Fill in blocks 17a, 30a, 30b, and 30c of the Standard Form 1449. In doing so, the quoter accedes to the contract terms and conditions as written in the RFQ.
(b) Insert proposed unit and extended prices for each contract line item number (CLIN). All pricing will be submitted in U.S. Dollars and at a minimum remain valid from the date of submission for 90 days. The pricing must be submitted for all CLINS shown in the price schedule.
(c) Complete the necessary fill-ins and certifications in FAR Provision 52.212-3 Alt 1 ― Quoters Representations and Certifications. An quoter shall complete only paragraph (b) of the provision if the offeror has comepleted the annual representations and certifications electronically via http://www.acquisition.gov.
2. PART II – TECHNICAL CAPABILITY - Limited to no more than 10 pages.
Contractor needs to demostrate that equipment and services complies with the checklist in FAR 52.212.2
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible quoters whose quote conforming to the solicitation will be most advantageous to the Government, based on technical, past performance and price. The following factors shall be used to evaluate quotes:
Technical: Quotes must meet all checklist items or quote will not be considered for award.
Criteria Yes No Phase One Compressors Four stage air cooled Pressure lubrication high pressure Maximum working pressure of 5000 psi Programmable controller Interstage gauges High temperature/low oil pressure switches with shutdown Hourmeter Automatic condensate drain system with collection reservoir
Inlet maintenance indicator Final pressure switch Emergency stop switch Charging rate of 80.4 SCFM Motor rating: 60 horsepower Air purification System: ANSI/CGA G-7.1 compliant Cascade fill control panel
Phase Two Compressors Four stage air cooled Pressure lubrication high pressure Maximum working pressure of 6000 psi PLC controller Smart pad operator interface console w/ scrolling diagnostic text display Automatic condensate drain system w/reservoir, auto full indicator and compressor shut down
Inlet filter maintenance indicator Emergency stop switch Charging rate of 25.2 SCFM Tolerance on capacity +/- 5% Motor rating: 20 horsepower Air purification System: ANSI/CGA G-7.1 compliant
Technical and past performance, when combined, are equal to price.
(b) Past Performance will be evaluated through the use of the government owned databases, SAM, FAPIIS and PPIRS. Past performance is a pass or fail factor. Past performance information found to be negative could result in the quote not being considered for further evaluation.
(End of provision)
CLAUSES INCORPORATED BY REFERENCE
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
SEP 2007
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2015
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture MAR 2015 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.232-8 Discounts For Prompt Payment FEB 2002 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.233-3 Protest After Award AUG 1996 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.246-7000 Material Inspection And Receiving Report MAR 2008
CLAUSES INCORPORATED BY FULL TEXT
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.
(End of clause)
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 333912.
(2) The small business size standard is 1000.
(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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM 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:
( ) Paragraph (d) applies.
( ) 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 SAM 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 provision at 52.204-7, System for Award Management.
(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.
(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) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 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.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 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.
(xi) 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.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 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.
(xiv) 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.
(xv) 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.
(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xviii) 52.225-4, Buy American--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 $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(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 SAM website accessed through https://www.acquisition.gov. 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.
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in 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…
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