F1F0SE5176A001-DD_FM_1449_w_Amendment-Solicitation-Driver's_Training.doc
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- Attached to
- Hands-on Driver's Training
- Solicitation number
- FA5682-15-T-0006
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Amendment to 1449 changing unit of issue number and removing the requirement for the contractor to supply vehicles
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Section SF 1449 - CONTINUATION SHEET
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 52 |
| Week |
Hands-on Drivers Training Classroom
FFP
Hands on drivers training period of performance 1 Oct 2015-30 Sep 2016. Refer to attached PWS for specific instructions
FOB: Destination
PURCHASE REQUEST NUMBER: F1F0SE5176A001
SIGNAL CODE: A
MAX
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 104 |
| Each |
Hands-on Drivers Training Driving
FFP
Hands on drivers training drivers portion period of performance 1 Oct 2015-30 Sep 2016. Refer to attached PWS for specific instructions. The unit of issue each will denote a class not to exceed 7 students.
FOB: Destination
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 52 |
| Week |
| OPTION |
| Hands-on Drivers Training Classroom |
FFP
Hands on drivers training period of performance 1 Oct 2016-30 Sep 2017. Refer to attached PWS for specific instructions
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 104 |
| Each |
| OPTION |
| Hands-on Drivers Training Driving |
FFP
Hands on drivers training period of performance 1 Oct 2016-30 Sep 2017. Refer to attached PWS for specific instructions. The unit of issue each will denote a class not to exceed 7 students.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 52 |
| Week |
| OPTION |
| Hands-on Drivers Training Classroom |
FFP
Hands on drivers training period of performance 1 Oct 2017-30 Sep 2018. Refer to attached PWS for specific instructions
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 104 |
| Each |
| OPTION |
| Hands-on Drivers Training Driving |
FFP
Hands on drivers training period of performance 1 Oct 2017-30 Sep 2018. Refer to attached PWS for specific instructions. The unit of issue each will denote a class not to exceed 7 students.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 52 |
| Week |
| OPTION |
| Hands-on Drivers Training Classroom |
FFP
Hands on drivers training period of performance 1 Oct 2018-30 Sep 2019. Refer to attached PWS for specific instructions
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 104 |
| Each |
| OPTION |
| Hands-on Drivers Training Driving |
FFP
Hands on drivers training period of performance 1 Oct 2018-30 Sep 2019. Refer to attached PWS for specific instructions. The unit of issue each will denote a class not to exceed 7 students.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 52 |
| Week |
| OPTION |
| Hands-on Drivers Training Classroom |
FFP
Hands on drivers training period of performance 1 Oct 2019-30 Sep 2020. Refer to attached PWS for specific instructions
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 104 |
| Each |
| OPTION |
| Hands-on Drivers Training driving |
FFP
Hands on drivers training period of performance 1 Oct 2019-30 Sep 2020. Refer to attached PWS for specific instructions. The unit of issue each will denote a class not to exceed 7 students.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 26 |
| Week |
| OPTION |
| Hands-on Drivers Training Classroom |
FFP
Hands on drivers training period of performance 1 Oct 2020-30 April 2021. Refer to attached PWS for specific instructions. VENDORS SHOULD NOT BID ON THIS CLIN. WILL BE UTILIZED IAW 52.217-8, OPTION TO EXTEND SERVICES, IF NECESSARY.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 52 |
| Each |
| OPTION |
| Hands-on Drivers Training Driving |
FFP
Hands on drivers training period of performance 1 Oct 2020-30 April 2021. Refer to attached PWS for specific instructions. VENDORS SHOULD NOT BID ON THIS CLIN. WILL BE UTILIZED IAW 52.217-8, OPTION TO EXTEND SERVICES, IF NECESSARY. The unit of issue each will denote a class not to exceed 7 students.
MAX
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT
THEORETICAL DRIVERS TRAINING/ HANDS ON DRIVING INSTRUCTION SERVICES
FOR
AVIANO AIR BASE
1. DESCRIPTION OF SERVICES.
1.1. OBJECTIVE. The objective of this service contract is to ensure hands on drivers safety training is provided at Aviano Air Base (AB) to all members of age 26 and under who desire an Armed Forces in Italy (AFI) driver’s license. Proper execution of this service will prevent and or reduce the overall amount of vehicular mishaps by preparing drivers to understand road conditions and basic maneuvering techniques in a practical setting. In addition, it will provide drivers with the knowledge and tools necessary to safely operate vehicles on the Italian roadways.
1.1.1 GENERAL. The Contractor must provide all management, supervision, tools, supplies, equipment, qualified personnel, services, course marking materials, instructional material (both electronic and printed material), and any other items necessary to provide a theoretical and practical driving course at Aviano AB, in accordance with (IAW) the requirements specified in this Performance Work Statement (PWS), and all applicable host nation laws. Service includes, but is not limited to: practical/hands-on session; provide at least 45 minutes long, Hand’s on Driving training to an estimated number of up to 14 individuals per week in one day sessions, for up to four times a month. Hours of operation will be 0800 to 1200 and 1300 to 1700. Number of individuals could vary but will not be more than 14. Contractor will be provided number of individuals with 48 hours advance notice.
1.1.2 STANDARDS. All workmanship must meet the standards specified herein and be accomplished in accordance with applicable industry standards, equipment manufacturers guidelines, applicable regulations, and applicable laws. Standards include, but are not limited to the Occupational Safety and Health Act Code of Federal Regulation (OSHA CFR), and Italian Safety Legislative Decree (D. lgs) 81/2008.
1.2 SERVICES REQUIRED. As a minimum, the course must include an academic presentation outlining course events, class flow, and driving techniques. Course instruction should emphasize handling a car in most Italian traffic situations. Mandatory instruction items include: proper sitting and hand position, proper safe driving performance, cornering and braking. A minimum of 45 minutes of actual driving, with instructors in the car, is required. The contractor will provide sufficient class material to ensure all students can complete all required training during the allotted time. Contractor must establish and maintain a control system to ensure certified, qualified, professional instructors and drivers are available for each class. Certifications must be current, not expired, at the time of submission, and maintained current for the duration of the contract. Instructors must be fluent in English.
1.2.1 THEORETICAL SESSION. To include but not limited to the instruction of:
a. Provide a briefing on traffic laws and proper driving (30 to 45 minutes) in classroom environment to include but not limited to:
· Italian Road Code
· Road signs and yield to the right rules
· Norms to follow in order to safely travel in Europe with an efficient/safe vehicle
· Rules to follow in case of vehicle mishap
· Statistics and information on major causes of accidents in Italy
· Proper posture briefing
· Final De-briefing to students and safety staff to include pass or fail scores.
· Final report provided to 31 FW/SEG within one week of class completion.
b. Services to be provided one time per week, day of the week to be determined prior to contract award The Contractor must coordinate with the Safety Office the monthly Work Schedule. One week prior to the training day Contractor will be notified of any changes. Contractor will properly store all personal property from classroom after each work session in space provided by the Safety Office. Instructors must be fluent in English.
1.2.2 PRACTICAL/HAND’S ON SESSION. To include but not limited to:
a. Vehicle Inspection (mandatory items available)
b. Identification of unsafe driving habits.
c. Italian Road Code compliance.
d. Safe usage of the pedals (shifting/braking etc…)
e. Correct actions when traveling with flow of traffic (safe distance, turning, passing etc.)
f. Different driving direction for driving on urban and extra-urban roads
g. Driving in dangerous situations (how to prevent loss of vehicle control)
h. Proper braking techniques to include emergency situations
i. The Contractor shall provide sufficient platform and in-car driving instructors to complete a minimum of 7 to a maximum of 14 students in each one-day course.
j. All in-car and Platform instructors must be fluent in English.
k. Provide a copy of the final evaluation report to the Safety Office for each student.
Services to be provided up to four times a month to be determined prior to contract award. The Contractor must coordinate with the Safety Office Representative the monthly Work Schedule. Contractor will be notified 5 weekdays in advance of any changes with the exception of service suspension.
1.2.3 SERVICE SUSPENSION. The Government will notify the Contractor at least 48 hours prior to the scheduled training date if the service needs to be cancelled and/or postponed. The Contractor will coordinate a new date with the Safety Office Representative and COR if training will still be required during the current frequency period. Rescheduling or suspension of training will be at no additional cost to the Government.
1.2.4 RECORD AND REPORTS: The contractor will maintain a log of which instructors and students attend what courses and will make that log available upon government request.
The 31 FW/SE will provide a log with the names and numbers of each attendee
1.2.5 The contractor shall record monthly workload figures reflecting all trainings provided.
Required reports/statistics/documents/metrics shall be accurately prepared and forwarded as requested by the Government or monthly, within 7 calendar days from the end of the month.
The Contractor will submit an electronic copy on Compact Disc (CD) or e-mail and signed paper copies.
2. SERVICE DELIVERY SUMMARY. The contract service requirements are summarized into performance objectives that relate to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each objective. These thresholds are critical to mission success. The Contractor’s performance will be assessed against these objective and thresholds.
| PERFORMANCE OBJECTIVES |
| SOW PARAGRAPH |
| PERFORMANCE THRESHOLD |
| Theoretical session. |
| 1.2.1 |
| 100% of Monthly operations |
| Practical/hand’s on session |
| 1.2.2 |
| 100% of Monthly operations |
Hours of Operations
| 1.2 and 1.3 |
| 100% of Monthly operations |
| Record Reports |
| 1.2.4 and 1.2.5 |
| 100% of Monthly operations |
| Valid Customer Complaints |
| 5.8 |
| 5 validated complaints per month |
3. NORMAL WORKING HOURS. The Normal Working Hours of the Aviano AB are Monday through Friday, from 8:00 A.M. to 17:00 P.M., except American and Italian holidays. To limit the impact to building operations the Contractor will be required to work within these hours. Unless coordinated and approved by the COR and FPO, the Contractor will not provide services on the following American and Italian holidays:
AMERICAN HOLIDAYS
New Year’s Day
January 1
Martin Luther King’s Birthday 3rd Monday in January
President’s Day
3rd Monday in February
Memorial Day
Last Monday in May
Independence Day
As stated on current year calendar
Labor Day
1st Monday in September
Columbus Day
1st Monday in October
Veteran’s Day
Thanksgiving Day
4th Thursday in November
Christmas Day
December 25
ITALIAN HOLIDAYS
Epiphany
January 6
Easter Monday
Aviano Patron Saint’s Day
Liberation Day
April 25
Italian Labor Day
May 1
Republic Day
June 2
Assumption Day
August 15
All Saints
November 1
Immaculate Conception
December 8
Saint Stephen Day
December 26
NOTE: American holidays falling on a Saturday are normally observed on the previous Friday. American holidays falling on a Sunday are observed on the following Monday.
4. GOVERNMENT FURNISHED PROPERTY/EQUIPMENT/SERVICES. Classroom with chairs for the students, and a computer with projection capability. Computer and projection equipment will be provided by the 31 FW. The classroom will have utility services and existing outlets for use as required for work to be performed under this contract: electricity, fresh water, use of bathrooms. The Government will not make any alterations to existing utility systems to supply the Contractor with their utility need. If utilities are not available, the Contractor must provide the required utility to perform service. No alterations to the facilities shall be made. The contractor shall return the facilities to the Government in the same condition as they were received. The facilities shall be used only for the performance of this contract. The Safety Office representative is responsible to open and close the classroom. Cleaning at class completion will be provided by the existing installation contract. Additionally, students are required to clean up after themselves.
5. GENERAL INFORMATION.
5.1 CONTRACTOR PERSONNEL. All work under this contract must be performed in a skillful and workmanlike manner. Contractor employees must conduct themselves in a proper, efficient, courteous, and businesslike manner. The Government reserves the right to remove from the job site any employee who endangers persons or property, whose performance is inconsistent with the interests of military security, or whose presence deters the accomplishment of work. Contractor personnel will use proper dress code with company logo.
5.2 CONTRACTOR COMMUNICATIONS. To facilitate communication between the Government and the Contractor, the Contractor must designate and maintain an email account(s) and contact telephone number(s) for the entire life of the contract.
5.3 CONTRACT MANAGER (CM). The contractor must provide the Government the names of all supervisors, CM and alternates, authorized to act on behalf of the contractor. The CM must be available during Normal Working Hours, and within 48 hours of notification, be able to meet at Aviano AB with the CO and or the COR to discuss problematic areas. CM and alternate contacts information must be provided to the CO and the COR within 10 working days of contract award. The Contractor’s CM, Call Reception Personnel, must have a good command of the English Language in order to properly and independently coordinate services with United States Government Personnel.
5.4 STANDARDS OF APPEARANCE - Appearance will be neat, well-groomed and present a professional appearance. Unauthorized insignia or accouterments will not be allowed with/ or on work clothing. Contractor personnel must use proper dress code with company logo and/or badges. Uniform work clothing must be clean and tidy.
5.5 ALCOHOL AND DRUGS - The consumption of alcohol or drugs while on duty is strictly prohibited. Contractor personnel shall not consume alcohol or drugs within eight (8) hours prior to reporting to duty. Contract personnel found under the influence of alcohol or drugs during duty will be immediately suspended from duty. The Contractor will be notified and will have to provide an immediate replacement. Any Contractor personnel suspended from duty for alcohol and/or drug use will be prohibited to perform under this or any other contract with the United States Government.
5.6 REMOVAL OF CONTRACTOR'S EMPLOYEES - Upon the Contracting Officer's determination, the Contractor shall will not allow any employees to perform under this contract in the event an employee’s behavior in any way jeopardizes the safety, security or general well-being of the contract.
5.7 LIABILITIES AND RESPONSIBILITIES. The Contractor is responsible for all damages to persons or property that occurs during the performance of this contract as a result of the Contractor’s fault or negligence. The Contractor is also responsible for the service(s) performed under this contract until completion and acceptance. The Contractor must safeguard all building occupants while performing the service under this contract. Contractor must provide copy of liability insurance for a minimum of 2,000,000 Euros damage reimbursement.
5.8 GOVERNMENT QUALITY ASSURANCE. The Government will appoint Contracting Officer Representative (COR) to assess contractor’s to ensure services are received. The COR will assess the contractor’s performance through intermittent on-site inspection. The Government may inspect each task as completed or increase the number of quality assurance inspections if deemed appropriate. The Government will also receive and investigate complaints from various customer located on the installation. If the COR determines that the complaint is invalid, the COR will document the findings and notify the Customer. If the COR determine the complaint is valid, it will inform the Contract Manager (CM), and the CM must initiate corrective actions. However, in cases of disagreement the CO will be informed and will make a final determination of action to be taken.
5.9 SAFETY AND HEALTH PROGRAM. Contractor must develop and maintain a Safety and Occupational Health plan, which meets all applicable Aviano Air Base and Italian Standards to include, but not limited to, requirements outlined in the Air Force Consolidated Occupational Safety Instruction, AFI 91-202, AFI 91-203, AFI 91-207and D. lgs. 81/2008. The Contractor must furnish and personnel must use Proper Protective Equipment (PPE) and clothing to safely perform duties. The Contractor must immediately notify the COR and CO of any adverse safety and occupational health conditions pertaining to its employees, Government personnel, and Government property while performing contractual services. A written report detailing the occurrence must be given to COR within 2 working days after incident occurrence. If injuries are life threatening, the Contractor shall immediately contact emergency services. On base Emergency Service contact and phone number info will be provided after contract award.
5.9.1 Contractor's Safety Plan
The Safety and Occupational Health plan shall be based on a specific Job Safety Analysis (JSA) with a detailed description of potential hazards and corresponding safety measures. The JSA shall reflect operational sequence for both theoretical sessions and practical sessions. A narrative shall cover safety measures deemed necessary to prevent interference hazards and possible damages to Government or third party's properties. In addition, the contractor will provide records of personnel qualifications and training.
5.9.2 Interference Hazards
In order to prevent interference, Base RSPP (Italian Employees Health and Safety Representative) is supposed to provide a preventative evaluation of interference hazards (Documento unico di valutazione dei rischi da interferenza - DUVRI) for contractors preliminary evaluation.
5.9.3 Occupational Safety.
31 FW/SEG shall provide a specific Pre-performance Briefing to contractor’s representatives.
5.10 ENVIRONMENTAL PROTECTION. No chemical or hazardous products shall be brought onto Government property without the approval of the 31 CES Environmental Element.
5.11 ENVIRONMENTAL SPILLS. If during the training, Contractor becomes aware of any spills or releases of any substance listed in 40 CFR 302 into the environment, it must immediately report the incident to the Government Representative.
5.16 BASE ENTRY PASS: All personnel will provide the Contracting Officer with required documents to receive official base entry passes.
6. CONTRACTOR FULL-TIME EQUIVALENT REPORTING.
6.1 The Contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for performing driving licensing services at Aviano Air Base via a secure data collection site. The Contractor is required to completely fill in all required data fields at http://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance for each Government fiscal year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October each calendar year. Contractors may direct questions to the CMRA help desk. Contractor must register on: http://www.ecmra.mil.
6.2 USES AND SAFEGUARDING OF INFORMATION: Information from the CMRA secure web-site is considered proprietary in nature when the contract number and contractor’s identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor’s name and contract number associated with the data.
6.3 USER MANUALS: Data for Air Force service requirements must be input at the Air Force CMRA link. However, user manuals for government personnel and contractors are available at the Army CMRA link at http://www.ecmra.mil.
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
| CLIN |
| MINIMUM |
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
EUR
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 |
| N/A |
| N/A |
| N/A |
| Government |
| 1001 |
| N/A |
| N/A |
| N/A |
| Government |
| 1002 |
| Destination |
| Government |
| Destination |
| Government |
| 2001 |
| Destination |
| Government |
| Destination |
| Government |
| 2002 |
| N/A |
| N/A |
| N/A |
| Government |
| 3001 |
| Destination |
| Government |
| Destination |
| Government |
| 3002 |
| N/A |
| N/A |
| N/A |
| Government |
| 4001 |
| Destination |
| Government |
| Destination |
| Government |
| 4002 |
| N/A |
| N/A |
| N/A |
| Government |
| 5001 |
| Destination |
| Government |
| Destination |
| Government |
| 5002 |
| N/A |
| N/A |
| N/A |
| Government |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| UIC |
| 0001 |
| POP 01-OCT-2015 TO |
30-SEP-2016
| N/A |
| 31 FW/SE - F1F0SE |
MSGT MANGOSING
UNIT 6140 BOX 270
VIA PORDENONE
APO AE 09604
632-4662
F1F0SE
| 0002 |
| POP 01-OCT-2015 TO |
30-SEP-2016
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F1F0SE
| 1001 |
| POP 01-OCT-2015 TO |
30-SEP-2016
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F1F0SE
| 1002 |
| POP 01-OCT-2016 TO |
30-SEP-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F1F0SE
| 2001 |
| POP 01-OCT-2017 TO |
30-SEP-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F1F0SE
| 2002 |
| POP 01-OCT-2017 TO |
30-SEP-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F1F0SE
| 3001 |
| POP 01-OCT-2018 TO |
30-SEP-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F1F0SE
| 3002 |
| POP 01-OCT-2018 TO |
30-SEP-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F1F0SE
| 4001 |
| POP 01-OCT-2019 TO |
30-SEP-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F1F0SE
| 4002 |
| POP 01-OCT-2019 TO |
30-SEP-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F1F0SE
| 5001 |
| POP 01-OCT-2020 TO |
30-APR-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F1F0SE
| 5002 |
| POP 01-OCT-2020 TO |
30-APR-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F1F0SE
CLAUSES INCORPORATED BY REFERENCE
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-7 |
| System for Award Management |
| JUL 2013 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| AUG 2013 |
| 52.209-7 |
| Information Regarding Responsibility Matters |
| JUL 2013 |
| 52.217-5 |
| Evaluation Of Options |
| JUL 1990 |
| 52.222-1 |
| Notice To The Government Of Labor Disputes |
| FEB 1997 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| JAN 2014 |
| 52.223-10 |
| Waste Reduction Program |
| MAY 2011 |
| 52.223-15 |
| Energy Efficiency in Energy-Consuming Products |
| DEC 2007 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.225-14 |
| Inconsistency Between English Version And Translation Of Contract |
| FEB 2000 |
| 52.225-25 |
| Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. |
| DEC 2012 |
| 52.228-5 |
| Insurance - Work On A Government Installation |
| JAN 1997 |
| 52.229-6 |
| Taxes--Foreign Fixed-Price Contracts |
| FEB 2013 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 52.232-19 |
| Availability Of Funds For The Next Fiscal Year |
| APR 1984 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.232-38 |
| Submission of Electronic Funds Transfer Information with Offer |
| JUL 2013 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.237-1 |
| Site Visit |
| APR 1984 |
| 52.237-2 |
| Protection Of Government Buildings, Equipment, And Vegetation |
| APR 1984 |
| 52.237-3 |
| Continuity Of Services |
| JAN 1991 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.242-14 |
| Suspension of Work |
| APR 1984 |
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 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 |
| 252.203-7003 |
| Agency Office of the Inspector General |
| DEC 2012 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| DEC 2014 |
| 252.222-7002 |
| Compliance With Local Labor Laws (Overseas) |
| JUN 1997 |
| 252.222-7006 |
| Restrictions on the Use of Mandatory Arbitration Agreements |
| DEC 2010 |
| 252.223-7001 |
| Hazard Warning Labels |
| DEC 1991 |
| 252.225-7041 |
| Correspondence in English |
| JUN 1997 |
| 252.225-7042 |
| Authorization to Perform |
| APR 2003 |
| 252.229-7000 |
| Invoices Exclusive of Taxes or Duties |
| JUN 1997 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7008 |
| Assignment of Claims (Overseas) |
| JUN 1997 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.233-7001 |
| Choice of Law (Overseas) |
| JUN 1997 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.247-7006 |
| Removal of Contractor's Employees |
| DEC 1991 |
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC
20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. 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. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Lowest price technically acceptable is the governing evaluation factor for this acquisition. Technical acceptability will be IAW included Performance Work Statement and will be determined by a representative from the 31st Fighter Wing Safety Office.
The following factors shall be used to evaluate offers: technical capability of the item offered to meet the Government requirement and price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)
The Offeror shall complete only paragraph (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 (p) 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 stock of which 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 its stock is owned by one or more women; or
(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 electronically on the SAM website.
(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 representations 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 incorporated in this offer by reference (see FAR 4.1201), except for paragraphs.
[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) 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. 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 electronically on ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small…
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