Solicitation.pdf

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Film Processing Equipment PM/RM Federal contract opportunity
Solicitation number
fa8125-16-q-0010
Issued by
Department of the Air Force Materiel Command Lifecycle Management Center Tinker Air Force Base

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Solicitation for FA8125-16-Q-0010

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Solicitation_Ammendment_FA8125-16-Q-0010-0001.pdf PDF
Performance_Work_Statement.pdf PDF

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AFSC/PZIMB

TODD A HACKER/405-739-3311

3001 STAFF DR, POST 2Q77

TINKER AFB OK 73145

405-739-3311

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA8125-16-Q-0010 05-Jan-2016

b. TELEPHONE NUMBER

405-739-3311

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 05 Feb 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA8126

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE F3YCEB 16. ADMINISTERED BY

F3YCEB

JENNY ADKISON

OC-ALC/OBWK

BLDG 3001 STAFF DR. DOOR G70 POST N68

TINKER AFB OK 73145

TEL: 405-736-4377 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TODD A HACKER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

811219

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA8125-16-Q-0010

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Kodak Film Processors PM - AMXG

FFP

SERVICES NONPERSONAL: The contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation, inspection, personal protective equipment and clothing, including reflective gear

(belt, vest, etc.), hearing and eye protection including prescription safety glasses, safety harnesses, fall protection equipment, and any incidentals to include the preventative maintenance (PM) on four (4) Kodak Film Processors located at the

Oklahoma City Air Logistics Complex (OC-ALC) at Tinker AFB, OK in accordance with (IAW) this Performance Work Statement (PWS).

Period of Performance: 18 April 16 – 17 April 17

This is a Firm Fixed Price (FFP) Line Item

CONTRACTOR SHALL SUBMIT INVOICES IN ARREARS OF SERVICES

THROUGH WIDE AREA WORKFLOW (WAWF). SEE CLAUSE 252.232-7006

CONTRACTOR IS SAM REGISTERED

REGISTRATION VALID IN SAM UNTIL:

DUNS NO:

FOB: Destination

NSN: J099-14-GSC-SVCS

SIGNAL CODE: A

PURCHASE REQUEST NUMBER: F3YCEB5197AQ02

SIGNAL CODE: A; SC

NET AMT

0002 1 Lot Over & Above for Kodak - AMXG

FFP

In accordance with (IAW) DFARS 252.217-7028, the Contractor shall provide

Over & Above labor and materials for within scope repairs in support of regaining full operational capability status of the Kodak Film Processors. All services shall be provided IAW the Performance Work Statement para 1.3.

The contractor shall not initiate work prior to receiving Contract Officer authorization via an approved work request, submitted through the designated COR or Contracting Officer. The contractor shall notify the Contracting Officer immediately if work is anticipated to exceed 75% of approved work request amount. Pricing will be definitized by the Contracting Officer via contract modification after work has been performed by the contractor and prior to invoice submission.

Labor Rate: $_____ per hour

Period of Performance (POP): 18 Apr 16 - 17 Apr 17.

All Over & Above must be approved by Contracting Officer via Work Request

Forms prior to starting work.

THROUGH WIDE AREA WORKFLOW (WAWF), SEE CLAUSE 252-232-7006.

PURCHASE REQUEST NUMBER: F3YCEB5197AQ02

0003 1 Lot Kodak Film Processors PM - PMXG

FFP

SERVICES NONPERSONAL: The contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation, inspection, personal protective equipment and clothing, including reflective gear

(belt, vest, etc.), hearing and eye protection including prescription safety glasses, safety harnesses, fall protection equipment, and any incidentals to include the preventative maintenance (PM) on four (4) Kodak Film Processors located at the

Period of Performance: 18 April 16 – 17 April 17

PURCHASE REQUEST NUMBER: F3YCEB5197AQ01

0004 1 Lot Over & Above for Kodak - PMXG

FFP

In accordance with (IAW) DFARS 252.217-7028, the Contractor shall provide

Over & Above labor and materials for within scope repairs in support of regaining or Contracting Officer. The contractor shall notify the Contracting Officer immediately if work is anticipated to exceed 75% of approved work request amount. Pricing will be definitized by the Contracting Officer via contract

Period of Performance (POP): 18 Apr 16 - 17 Apr 17.

PURCHASE REQUEST NUMBER: F3YCEB5197AQ01

1001 1 Lot OPTION Kodak Film Processors PM - AMXG

FFP

SERVICES NONPERSONAL: The contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation, inspection, personal protective equipment and clothing, including reflective gear

(belt, vest, etc.), hearing and eye protection including prescription safety glasses, safety harnesses, fall protection equipment, and any incidentals to include the preventative maintenance (PM) on four (4) Kodak Film Processors located at the

Period of Performance: 18 April 17 – 17 April 18

1002 1 Lot OPTION Over & Above for Kodak - AMXG

FFP

In accordance with (IAW) DFARS 252.217-7028, the Contractor shall provide

Over & Above labor and materials for within scope repairs in support of regaining or Contracting Officer. The contractor shall notify the Contracting Officer immediately if work is anticipated to exceed 75% of approved work request amount. Pricing will be definitized by the Contracting Officer via contract

Period of Performance (POP): 18 Apr 17 - 17 Apr 18.

1003 1 Lot OPTION Kodak Film Processors PM - PMXG

FFP

SERVICES NONPERSONAL: The contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation, inspection, personal protective equipment and clothing, including reflective gear

(belt, vest, etc.), hearing and eye protection including prescription safety glasses, safety harnesses, fall protection equipment, and any incidentals to include the preventative maintenance (PM) on four (4) Kodak Film Processors located at the

Period of Performance: 18 April 17 – 17 April 18.

1004 1 Lot OPTION Over & Above for Kodak - PMXG

FFP

In accordance with (IAW) DFARS 252.217-7028, the Contractor shall provide

Over & Above labor and materials for within scope repairs in support of regaining or Contracting Officer. The contractor shall notify the Contracting Officer immediately if work is anticipated to exceed 75% of approved work request amount. Pricing will be definitized by the Contracting Officer via contract

Period of Performance (POP): 18 Apr 17 - 17 Apr 18.

2001 1 Lot OPTION Kodak Film Processors PM - AMXG

FFP

SERVICES NONPERSONAL: The contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation, inspection, personal protective equipment and clothing, including reflective gear

(belt, vest, etc.), hearing and eye protection including prescription safety glasses, safety harnesses, fall protection equipment, and any incidentals to include the preventative maintenance (PM) on four (4) Kodak Film Processors located at the

Period of Performance: 18 April 18 – 17 April 19

2002 1 Lot OPTION Over & Above for Kodak - AMXG

FFP

In accordance with (IAW) DFARS 252.217-7028, the Contractor shall provide

Over & Above labor and materials for within scope repairs in support of regaining or Contracting Officer. The contractor shall notify the Contracting Officer immediately if work is anticipated to exceed 75% of approved work request amount. Pricing will be definitized by the Contracting Officer via contract

Period of Performance (POP): 18 Apr 18 - 17 Apr 19.

2003 1 Lot OPTION Kodak Film Processors PM - PMXG

FFP

SERVICES NONPERSONAL: The contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation, inspection, personal protective equipment and clothing, including reflective gear

(belt, vest, etc.), hearing and eye protection including prescription safety glasses, safety harnesses, fall protection equipment, and any incidentals to include the preventative maintenance (PM) on four (4) Kodak Film Processors located at the

Period of Performance: 18 April 18 – 17 April 19

2004 1 Lot OPTION Over & Above for Kodak - PMXG

FFP

In accordance with (IAW) DFARS 252.217-7028, the Contractor shall provide

Over & Above labor and materials for within scope repairs in support of regaining or Contracting Officer. The contractor shall notify the Contracting Officer immediately if work is anticipated to exceed 75% of approved work request amount. Pricing will be definitized by the Contracting Officer via contract

Period of Performance (POP): 18 Apr 18 - 17 Apr 19.

3001 1 Lot OPTION Kodak Film Processors PM - AMXG

FFP

SERVICES NONPERSONAL: The contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation, inspection, personal protective equipment and clothing, including reflective gear

(belt, vest, etc.), hearing and eye protection including prescription safety glasses, safety harnesses, fall protection equipment, and any incidentals to include the preventative maintenance (PM) on four (4) Kodak Film Processors located at the

Period of Performance: 18 April 19 – 17 April 20

3002 1 Lot OPTION Over & Above for Kodak - AMXG

FFP

In accordance with (IAW) DFARS 252.217-7028, the Contractor shall provide

Over & Above labor and materials for within scope repairs in support of regaining or Contracting Officer. The contractor shall notify the Contracting Officer immediately if work is anticipated to exceed 75% of approved work request amount. Pricing will be definitized by the Contracting Officer via contract

Period of Performance (POP): 18 Apr 19 - 17 Apr 20.

3003 1 Lot OPTION Kodak Film Processors PM - PMXG

FFP

SERVICES NONPERSONAL: The contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation, inspection, personal protective equipment and clothing, including reflective gear

(belt, vest, etc.), hearing and eye protection including prescription safety glasses, safety harnesses, fall protection equipment, and any incidentals to include the preventative maintenance (PM) on four (4) Kodak Film Processors located at the

Period of Performance: 18 April 19 – 17 April 20

3004 1 Lot OPTION Over & Above for Kodak - PMXG

FFP

In accordance with (IAW) DFARS 252.217-7028, the Contractor shall provide

Over & Above labor and materials for within scope repairs in support of regaining or Contracting Officer. The contractor shall notify the Contracting Officer immediately if work is anticipated to exceed 75% of approved work request amount. Pricing will be definitized by the Contracting Officer via contract

Period of Performance (POP): 18 Apr 19 - 17 Apr 20.

4001 1 Lot OPTION Kodak Film Processors PM - AMXG

FFP

SERVICES NONPERSONAL: The contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation, inspection, personal protective equipment and clothing, including reflective gear

(belt, vest, etc.), hearing and eye protection including prescription safety glasses, safety harnesses, fall protection equipment, and any incidentals to include the preventative maintenance (PM) on four (4) Kodak Film Processors located at the

Period of Performance: 18 April 20 – 17 April 21

4002 1 Lot OPTION Over & Above for Kodak - AMXG

FFP

In accordance with (IAW) DFARS 252.217-7028, the Contractor shall provide

Over & Above labor and materials for within scope repairs in support of regaining or Contracting Officer. The contractor shall notify the Contracting Officer immediately if work is anticipated to exceed 75% of approved work request amount. Pricing will be definitized by the Contracting Officer via contract

Period of Performance (POP): 18 Apr 20 - 17 Apr 21.

4003 1 Lot OPTION Kodak Film Processors PM - PMXG

FFP

SERVICES NONPERSONAL: The contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation, inspection, personal protective equipment and clothing, including reflective gear

(belt, vest, etc.), hearing and eye protection including prescription safety glasses, safety harnesses, fall protection equipment, and any incidentals to include the preventative maintenance (PM) on four (4) Kodak Film Processors located at the

Period of Performance: 18 April 20 – 17 April 21

4004 1 Lot OPTION Over & Above for Kodak - PMXG

FFP

In accordance with (IAW) DFARS 252.217-7028, the Contractor shall provide

Over & Above labor and materials for within scope repairs in support of regaining or Contracting Officer. The contractor shall notify the Contracting Officer immediately if work is anticipated to exceed 75% of approved work request amount. Pricing will be definitized by the Contracting Officer via contract

Period of Performance (POP): 18 Apr 20 - 17 Apr 21.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 18-APR-2016 TO

17-APR-2017

N/A F3YCEB

JENNY ADKISON

OC-ALC/OBWK

BLDG 3001 STAFF DR. DOOR G70 POST

N68

TINKER AFB OK 73145

405-736-4377

F3YCEB

0002 POP 18-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 18-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 18-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 18-APR-2017 TO

17-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 18-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 18-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 18-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 18-APR-2018 TO

17-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 18-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 18-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 18-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 18-APR-2019 TO

17-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 18-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 18-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 18-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 18-APR-2020 TO

17-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 18-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 18-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 18-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013

52.204-16 Commercial and Government Entity Code Reporting JUL 2015

52.204-18 Commercial and Government Entity Code Maintenance JUL 2015

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.215-5 Facsimile Proposals OCT 1997

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-41 Service Contract Labor Standards MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-11 Ozone-Depleting Substances MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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

52.242-15 Stop-Work Order AUG 1989

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

AUG 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

SEP 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support

Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and

Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(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/).

https://assist.dla.mil/online/start/ 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 $3,500, and offers of

$3,500 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.

http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/

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:

1. Technical Acceptability

2. 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (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.

http://www.acquisition.gov/

“ Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“ Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“ Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“ Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“ Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“ Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and

Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

“ Service-disabled veteran-owned small business concern” —

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“ Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“ Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“ Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“ Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“ Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“ Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“ Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are 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 SAM.]

(c) Offerors must complete the following representations when the resulting contract is to 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.

https://www.acquisition.gov/

(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 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 women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents 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 (c)(6)(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.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, 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 (c)(7)(i) of this provision is accurate for each EDWOSB concern…

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