FA7037-15-R-0001_Solicitation.pdf
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- FA7037-15-R-0001
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CODE
(Hour)
PAGE(S)
until 11:00 AM local time 24 Mar 2015
X
A
X B
C
D
EX
X
G
F 61 - 69
70 - 83
X H 84 - 91 yvonne.camarce@us.af.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 91
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
FA7037 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 9 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
Section L, para 2.4 conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
YVONNE Y. CAMARCE 210-977-4065
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 8
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
10 - 11 X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 12 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 13 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
14 - 59
PART II - CO NTRACT CLAUSES
25TH AF/PK (Y. CAMARCE) - FA7037
102 HALL BLVD, STE 258
LACKLAND AFB TX 78243-7030
210-977-2038FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
20 Feb 2015
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
FA7037-15-R-0001
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot Labor
FFP
Provide labor IAW PWS.
FOB: Destination
NET AMT
0002 1 Lot Surge
T&M
The "surge" operations are driven by a requirement to provide additional crews, or to extend the hours of crews, to cover intelligence requirements for increased activity on the part of current adversary or for a developing crisis or natural disaster. The Surge will be utilized in conjunction with PWS paragraph 3.8.
TOT ESTIMATED PRICE
CEILING PRICE
0003 1 Lot Material
COST
Material cost in accordance with PWS paragraph 5.2. Billing will be for actual cost with no G&A.
ESTIMATED COST
0004 1 Lot Travel
COST
Travel in accordance with PWS para 4.9. Billing will be for actual cost with no
G&A.
ESTIMATED COST
0005 NSP
Data
FFP
The contractor shall provide data in accordance with the attached DD Forms 1423 as required by individual task orders. The data is not separately priced.
0006 1 Each Task Order 0001
FFP
This CLIN will be utilized to pay for Task Order 0001 and meeting the guaranteed minimum for this IDIQ as outlined in PWS para 3.9.
1001 1 Lot OPTION Labor
FFP
1002 1 Lot OPTION Surge
T&M
The "surge" operations are driven by a requirement to provide additional crews, or to extend the hours of crews, to cover intelligence requirements for increased activity on the part of current adversary or for a developing crisis or natural
1003 1 Lot OPTION Material
COST
Material cost in accordance with PWS paragraph 5.2. Billing will be for actual cost with no G&A.
1004 1 Lot OPTION Travel
COST
Travel in accordance with PWS para 4.9. Billing will be for actual cost with no
1005 NSP
OPTION Data
FFP
The contractor shall provide data in accordance with the attached DD Forms 1423 as required by individual task orders. The data is not separately priced.
2001 1 Lot OPTION Labor
FFP
2002 1 Lot OPTION Surge
T&M
The "surge" operations are driven by a requirement to provide additional crews, or to extend the hours of crews, to cover intelligence requirements for increased activity on the part of current adversary or for a developing crisis or natural
2003 1 Lot OPTION Material
COST
Material cost in accordance with PWS paragraph 5.2. Billing will be for actual cost with no G&A.
2004 1 Lot OPTION Travel
COST
Travel in accordance with PWS para 4.9. Billing will be for actual cost with no
2005 NSP
OPTION Data
FFP
This CLIN will be utilized to pay for Task Order 0001 and meeting the guaranteed minimum for this IDIQ.
SECTION B NOTES
SECTION B: Offerors are required to complete Section B. Offerors shall submit price proposals in accordance with Section L. The IDIQ minimum and maximum amounts are applied at the contract level and not by individual
CLIN.
TASK ORDERS: For each task order to be issued, the contractor will be required to submit a cost estimate to include data, material costs, travel, if appropriate, and labor hours in accordance with the rate tables incorporated into this contract, if applicable. If necessary, negotiations will be conducted in order to reach a mutual agreement on individual task order costs. CLIN amounts (total prices) will be adjusted as individual task orders are issued. In accordance with FAR 16.601, the established ceiling price for this contract is $78,426,203. In accordance with FAR
16.501, the minimum contract amount is $3,000 and will be obligated at time of award effective date with the first
Task Order.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government
0002 N/A N/A N/A Government
0003 N/A N/A N/A Government
0004 N/A N/A N/A Government
0005 N/A N/A N/A Government
0006 N/A N/A N/A Government
1001 N/A N/A N/A Government
1002 N/A N/A N/A Government
1003 N/A N/A N/A Government
1004 N/A N/A N/A Government
1005 N/A N/A N/A Government
2001 N/A N/A N/A Government
2002 N/A N/A N/A Government
2003 N/A N/A N/A Government
2004 N/A N/A N/A Government
2005 N/A N/A N/A Government
CLAUSES INCORPORATED BY REFERENCE
52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001
Section F - Deliveries or Performance
F001 PERIOD OF PERFORMANCE
Period of performance for task orders cannot exceed base year plus two 1-year options. Task orders can be awarded up to the end of the basic contract with a one year period of performance.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-SEP-2015 TO
31-AUG-2016
N/A 480 ISR WG/FM (F2QF55)
ZACHARY FINLEY
34 ELM STREET RM 99
LANGLEY AFB VA 23665
DSN 574-8364
F2QF55
0002 POP 01-SEP-2015 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-SEP-2015 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-SEP-2015 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 N/A N/A N/A N/A
0006 POP 01-SEP-2015 TO
30-SEP-2015
N/A 480 ISR WG/FM (F2QF55)
ZACHARY FINLEY
34 ELM STREET RM 99
LANGLEY AFB VA 23665
DSN 574-8364
1001 POP 01-SEP-2016 TO
31-AUG-2017
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-SEP-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-SEP-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-SEP-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 N/A N/A N/A N/A
2001 POP 01-SEP-2017 TO
31-AUG-2018
N/A 480 ISR WG/FM (F2QF55)
ZACHARY FINLEY
34 ELM STREET RM 99
LANGLEY AFB VA 23665
DSN 574-8364
2002 POP 01-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 N/A N/A N/A N/A
52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
GUARANTEED MINIMUM
For the contract duration, the minimum guaranteed amount shall be $3,000. The guaranteed minimum of $3,000 will be met with the issuance of Task Order 0001. TO 0001 will be a mandatory conference with all contract awardees within two weeks after date of contract award. The date and time will be disclosed upon award. All Offerors must submit the following statements on a signed company letterhead:
a. Offeror will attend the mandatory DCGS Conference;
b. Offeror understands $3,000 will be the total price for this task (to include travel if any);
c. Task Order 0001 is NOT included in the basic contract proposal costs; and
d. The following items will be delivered at the conference:
i. Project Management Plan
ii. Risk Management Plan
iii. Staffing Plan
iv. Company Organizational Chart
Section H - Special Contract Requirements
TASK ORDER PROCEDURES
All multiple awardees shall be provided a fair opportunity to be considered for each order as defined in FAR 2.101.
The CO must consider all multiple awardees, unless he/she determines that one of the four statutory exceptions to the fair opportunity process as defined in FAR 16.505(b)(2)(i) through (iv) applies.
The CO will provide a written request for proposal (RFP). The RFP will describe the evaluation process as either
Lowest Price Technically Acceptable (LPTA) or Trade Off. Fair opportunity and contractor selection will be based on an assessment of the consideration factors or other factors, as determined by the CO, and as tailored to the acquisition.
Section I - Contract Clauses
52.202-1 Definitions NOV 2013
52.203-2 Certificate Of Independent Price Determination APR 1985
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.204-2 Security Requirements AUG 1996
52.204-3 Taxpayer Identification OCT 1998
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUL 2013
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
AUG 2013
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.214-34 Submission Of Offers In The English Language APR 1991
52.214-35 Submission Of Offers In U.S. Currency APR 1991
52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010
52.215-14 Integrity of Unit Prices OCT 2010
52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-20 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data
OCT 2010
52.215-21 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data--
Modifications
OCT 2010
52.216-7 Allowable Cost And Payment JUN 2013
52.216-11 Cost Contract--No Fee APR 1984
52.216-27 Single or Multiple Awards OCT 1995
52.217-5 Evaluation Of Options JUL 1990
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.219-8 Utilization of Small Business Concerns OCT 2014
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards Act - Overtime
Compensation
JUL 2005
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-35 Equal Opportunity for Veterans JUL 2014
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans JUL 2014
52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993
52.222-50 Combating Trafficking in Persons FEB 2009
52.222-52 Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services--Certification
MAY 2014
52.222-53 Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services--Requirements
MAY 2014
52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer
Products - Alternate I
JUN 2014
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-7 Insurance--Liability To Third Persons MAR 1996
52.229-3 Federal, State And Local Taxes FEB 2013
52.230-1 Cost Accounting Standards Notices And Certification MAY 2012
52.232-7 Payments Under Time-And-Materials And Labor Hour
Contracts
AUG 2012
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-18 Availability Of Funds APR 1984
52.232-22 Limitation Of Funds APR 1984
52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984
52.232-25 Prompt Payment JUL 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.242-1 Notice of Intent to Disallow Costs APR 1984
52.242-3 Penalties for Unallowable Costs MAY 2014
52.242-4 Certification of Final Indirect Costs JAN 1997
52.242-13 Bankruptcy JUL 1995
52.244-5 Competition In Subcontracting DEC 1996
52.245-1 Government Property APR 2012
52.245-9 Use And Charges APR 2012
52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001
52.246-4 Inspection Of Services--Fixed Price AUG 1996
52.246-5 Inspection Of Services Cost-Reimbursement APR 1984
52.248-1 Value Engineering OCT 2010
52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-6 Termination (Cost Reimbursement) MAY 2004
52.249-6 Alt IV Termination (Cost Reimbursement) (May 2004) - Alternate
IV
SEP 1996
52.249-14 Excusable Delays APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7006 Billing Instructions OCT 2005
252.204-7012 Safeguarding of Unclassified Controlled Technical
Information
NOV 2013
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Terrorist Country
MAR 2014
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.215-7000 Pricing Adjustments DEC 2012
252.223-7004 Drug Free Work Force SEP 1988
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012
252.225-7004 Report of Intended Performance Outside the United States and
Canada--Submission after Award
OCT 2010
252.225-7006 Quarterly Reporting of Actual Contract Performance Outside the United States
OCT 2010
252.227-7017 Identification and Assertion of Use, Release, or Disclosure
Restrictions
JAN 2011
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.233-7001 Choice of Law (Overseas) JUN 1997
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008
252.242-7004 Material Management And Accounting System MAY 2011
252.242-7006 Accounting System Administration FEB 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012
252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7004 Reporting, Reutilization, and Disposal MAY 2013
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 (JAN 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.
(2) The small business size standard is $38.5M, Military and Aerospace Equipment and Military Weapons exception.
(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 ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) 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 ORCA are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at
52.204-7, Central Contractor Registration.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.
(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) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-
1.
(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at
52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to
Iran--Representation and Certifications. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of
Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
(Contracting Officer check as appropriate.)
(i) 52.219-22, Small Disadvantaged Business Status.
(A) Basic.
(B) Alternate I.
(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain
Services–Certification.
(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated
Products (Alternate I only).
(vi) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the Online
Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes https://www.acquisition.gov/ identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)
(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 $3,000 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.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
https://www.acquisition.gov/
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the
Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.
(b) The Contractor shall--
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the ACO or designated representative ready access to the records upon request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and
(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.
The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 Sep
2015through 31 Aug 2018.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $50,000,000;
(2) Any order for a combination of items in excess of $50,000,000; or
(3) A series of orders from the same ordering office within 20 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 Aug 2018.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the
Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36.
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.
(2) The small business size standard is $38.5M, Military and Aerospace Equipment and Military Weapons exception.
(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) Representations.
(1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that--
(i) It ( ) is, ( ) is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB
Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each
WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--
(i) It ( ) is, ( ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
(8) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents, as part of its offer, that--
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of
Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: --------.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(c) 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 concern eligible under the WOSB Program.
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 the size standard in paragraph (a) of this provision.
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 small business concern," means a small business concern --
(1) That is at least 51 percent owned by one or more women; 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.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—
(i) Be punished by imposition of fine,…
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