G15PS00086_Clauses.pdf
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- Petrographic Thin Section Federal contract opportunity
- Solicitation number
- G15PS00086
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Statement of Work and Clause Document_G15PS00086
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G15PS00086 Page 4 of 28
SECTION A. SOLICITATION/CONTRACT FORM
SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS
B.1. Contract Type
SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1. Performance Work Statement
SECTION D. PACKAGING AND MARKING
SECTION E. INSPECTION AND ACCEPTANCE
SECTION F. DELIVERIES OR PERFORMANCE
F.1. Delivery Date F.2. Performance Location F.3. GS0912 Effective Period of Contract – Ordering July 2001
SECTION G. CONTRACT ADMINISTRATION DATA
G.1. 52.000S-5079 Technical Liaison - Technical Direction October 1997
G.2. GS1104 AVAILABILITY OF FUNDS UNDER CONTINUING RESOLUTION JULY 2001
G.3. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (September 2011) G.4. Unilateral Deobligation of Unexpended Funds (May 2013)
G.5. NOT TO EXCEED INSTRUCTIONS
SECTION H. SPECIAL CONTRACT REQUIREMENTS
SECTION I. CONTRACT CLAUSES
I.1. 52.204-13 System for Award Management Maintenance (JUL 2013) I.2. 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2014) I.3. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (MAY 2014) I.4. 52.217-8 Option to Extend Services. (NOV 1999) I.5. 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) I.6. 52.223-10 – Waste Reduction Program (MAY 2011) I.7. 52.227-14 Rights in Data – General (MAY 2014) I.8. 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) I.9. 52.247-34 F.o.b. Destination. (NOV 1991) I.10. 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
SECTION J. LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS
K.1. 52.212-3 Offeror Representations and Certifications-Commercial Items. (MAY 2014)
SECTION L. INSTRUCTIONS,CONDITIONS, AND NOTICES TO BIDDERS
L.1. Instructions to Offerors for the Submission of Proposals L.2. 52.204-7 System for Award Management (JUL 2013) L.3. 52.212-1 Instructions to Offerors - Commercial Items. (APR 2014) L.4. 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)
SECTION M. EVALUATION FACTORS FOR AWARD
M.1. 52.212-2 Evaluation - Commercial Items. (JAN 1999)
G15PS00086 Page 5 of 28
SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS
B.1. Contract Type
Firm Fixed-Price
SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1. Performance Work Statement
I. GENERAL INFORMATION
A. Introduction
j. Petrographic thin sections of core and well-cuttings (small rock chips) samples that will be used for microscopic examination are needed for up to six hundred (1,150), representative core and well-cuttings samples. The core and well-cuttings samples are to be generated from a new Cretaceous well and multiple
Floridian Aquifer wells to be drilled or existing in southern Florida.
B. Background
Petrographic thin-section analysis has been used for core and well-cuttings sample description and aquifer characterization by the United States Geological Survey Caribbean-Florida Water Science Center (USGS
CFLWSC) in Fort Lauderdale, Florida, for about the last 17 years. The utilization of petrographic thin-section analyses has proven to be essential to understanding the hydrogeology of the aquifers in southern
Florida. The need for similar analyses using petrographic thin sections has increased considerably with the initiation of a five-year, large-scale regional aquifer study of southern Florida in summer 2014. Many hundreds of petrographic thin sections will be required to complete the objectives of the five-year study, which will utilize a new Cretaceous well and multiple Floridian Aquifer wells to be drilled or existing in southern Florida.
C. Definitions
A thin section (or petrographic thin section) is a laboratory preparation that is composed of a rock, mineral, soil, pottery, bones, or even metal sample for use with a polarizing petrographic microscope, or electron microscope and electron microprobe. A thin sliver of rock is cut from the sample with a diamond saw and ground optically flat. It is then mounted on a glass slide and then ground smooth using progressively finer abrasive grit until the sample is only 30 micrometers thick. Thin sections are prepared in order to investigate the optical properties of the minerals in the rock. This work is a part of petrology and helps to reveal the origin and evolution of the parent rock.
Well cuttings are the soil, rock fragments, and pulverized materials that are removed from a drilled borehole.
D. Scope
The vendor is required to produce one (1) petrographic thin section for each core or well-cuttings sample submitted to them by the USGS CFLWSC. Up to 1,150 thin sections will be produced and of two different types: (1) 900 thin sections of rock (typically limestone or dolomite) cut from rock samples from core or bulk well-cuttings and (2) 250 thin section prepared from picked well-cuttings grouped by lithology representative of a single well-depth interval and prepared as a single thin section.
II. WORK REQUIREMENTS
A. Technical Requirements
1. Description of specific work requirements and/or work products for rock samples from core or bulk well-cuttings:
The vendor is required to produce standard sized thin section for each rock sample from core or bulk well-cuttings sample submitted to them by the USGS CFLWSC. The quantity of thin sections will be up to 900 produced. Pre-cut core or bagged cuttings samples will be shipped to vendor by the USGS CFLWSC in batches of approximately 50 samples and thin sections sent back to the USGS CFLWSC, Fort Lauderdale, Florida in batches of approximately 50 samples.
Specific technical requirements for each thin section are:
1. 27x46 mm slide—standard size
G15PS00086 Page 6 of 28
2. Slide composition of glass
3. Acrylic mounting composition
4. No glass cover slips to be installed
5. Microprobe quality polish on one-side of sample surface opposite of glass slide
6. 30-µm rock slice thickness
7. Vacuum embedding of epoxy into each rock sample
8. Use blue dye to color embedding epoxy
9. Mark the stratigraphic orientation and sample number on the glass slide of each thin section
10. Perform repairs (glue together broken rock samples) for approximately 40 of the 1150 samples sent.
11. Delivery of product will be within 6 weeks of vendor’s receipt of core or cuttings samples
2. “Special handling of cuttings samples” for 250 samples of picked well-cuttings grouped by lithology representative of a single well-depth interval and prepared as a single thin section.
a. 27x46 mm slide—standard size
b. Slide composition of glass
c. Acrylic mounting composition
d. No glass cover slips to be installed
e. Microprobe quality polish on one-side of sample surface opposite of glass slide
f. 30-µm rock slice thickness g.Vacuum embedding of clear epoxy into all cuttings samples
h. Mark the sample number on the glass slide of each thin section
i. Delivery of product will be within 6 weeks of vendor’s receipt of core or cuttings samples
k. 250 samples of picked well-cuttings grouped by lithology representative of a single well-depth interval and prepared as a single thin section will be submitted by the USGS to the
Vendor’s Thin Section Preparation Lab for thin section preparation. USGS well-cuttings sample sets (e.g. W3011 4480-90 ft, figure 1) will be packaged and subsets differentiated by a letter (i.e., A, B, C, etc., figure 1).
l. See figures 2 and 3 for laboratory generalized laboratory sampling procedure.
Figure 1. Subsamples of picked well-cuttings grouped by lithology representative of a single well-depth interval and labeled in individual bags. Lithology groups for each depth interval will be distinguished by a letter (i.e. A, B, C etc.)
G15PS00086 Page 7 of 28
Figure 2. Illustration of the sequence of placement of sub-samples or, that is, picked well-cuttings grouped by lithology representative of a single well-depth interval in final arrangement in a mold.
Clear epoxy will partly fill the mold to cover over sub-samples A-F (lettered rectangles), which are individual cuttings sub samples embedded in epoxy and the blue rectangle is a marker for the alphabetized sub samples (figure 1) in a composite mold (largest rectangular outline.
Figure 3. Final arrangement of sub samples (figure 2) and clear epoxy surrounding them to produce a composite epoxy block prior to final cut for final production of a single thin section.
Blue marker shown in figure 2 is out of the photo field of view.
3. Criteria for acceptance of Product or Service:
All thin sections must meet industry standard thickness of 30 micrometers (µm) across the entire length and width of the thin section. The USGS CFLWSC will check for accurate standard birefringence of quartz and calcite mineral grains for each thin section.
G15PS00086 Page 8 of 28
B. Deliverables
1. Characteristics for work product described in II.A.1 and IIA2 identified by name and quantity:
Deliverables include up to 1,150 thin sections stored in sturdy storage boxes over a period of one year.
2. Delivery dates for work/product to be completed and point of delivery: All work completed and delivered within one year of contract award and will be delivered to the USGS Caribbean-
Florida Water Science Center – 7500 SW 36 th
Street, Fort Lauderdale, Florida 33314. Attn:
Kevin Cunningham.
III. SUPPORTING INFORMATION
A. Place of Performance: At vendors office.
B. Period of Performance:
Commencement Date: 05/04/2015 Completion Date: 05/03/2016
C. Government Furnished Property (GFP):
Rock sample stubs (approximately 2 x 1 inches) will be supplied to the vendor. The rock samples have no commercial value.
D. Special Considerations.
1. Key personnel qualifications: None
2. Data Rights, Safety, Environment: None
3. Security/Privacy issues: None
SECTION D. PACKAGING AND MARKING
[Reserved]
SECTION E. INSPECTION AND ACCEPTANCE
[Reserved]
SECTION F. DELIVERIES OR PERFORMANCE
F.1. Delivery Date
After sample is received, service should be performed within 6 weeks.
F.2. Performance Location
Contractor Facility
F.3. GS0912 Effective Period of Contract – Ordering July 2001
(a) The effective period(s) for placing orders under this contract is/are as follows:
Contract Periods Effective Period
Base Period 05/04/2015 – 05/03/2016
First Option Period 05/04/2016 – 05/03/2017
Second Option Period 05/04/2017 – 05/03/2018
Third Option Period 05/04/2018 – 05/03/2019
Fourth Option Period 05/04/2019 – 05/03/2020
(b) The fill-ins in the clause at FAR 52.216-18, Ordering, are completed by insertion of the above "effective period" dates.
(c) The "latest delivery" dates shown above are the dates after which the contractor is not required to make
G15PS00086 Page 9 of 28 deliveries on orders placed during the corresponding effective period. These dates complete the fill-in in the clause at [FAR 52.216-21, Requirements]. [FAR 52.216-22, Indefinite Quantity].
SECTION G. CONTRACT ADMINISTRATION DATA
G.1. 52.000S-5079 Technical Liaison - Technical Direction October 1997
(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.
(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.
(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.
(d) The Technical Liaison assigned for this contract is:
Name: To Be Determined
Telephone Number: To Be Determined
Email: To Be Determined
U.S. Geological Survey
Florida WSC - Ft. Lauderdale
7500 SW 36th Street
Davie FL 33314
(e) Only the Contracting Officer may designate a different Technical Liaison.
(End of Clause)
G.2. GS1104 AVAILABILITY OF FUNDS UNDER CONTINUING RESOLUTION JULY 2001
(a) In the event funding is appropriated under one or more Continuing Resolutions covering less than the full fiscal year, the Contracting Officer will advise the Contractor in writing of the amount of funds available and the period of performance covered by such funding. Under a Continuing Resolution, the contract price will be prorated for the period of time covered by the Continuing Resolution.
(b) The Government's obligation under this contract for performance after the period covered by any Continuing
Resolution is contingent upon the availability of additional appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment in excess of the amount obligated hereunder may arise until funds are made available to the Contracting Officer for this contract and the
Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Until such notice is received, the contractor is not obligated or authorized to continue performance beyond the period covered by previously obligated funds.
(c) In the event of a lapse in funding upon expiration of an annual appropriation or Continuing Resolution, the contractor will not be paid for any costs incurred during the unfunded period, including unrecovered indirect costs, unless and until funds are appropriated and authorized for retroactive payment of Government employees and
G15PS00086 Page 10 of 28 contractors. If nonavailability of contract funding requires the contractor to suspend work, the contractor will entitled to an equitable adjustment under the clause FAR 52.242-14, Suspension of Work, if and when the
Contractor is notified by the Contracting Officer that additional appropriations are available to resume performance under the contract.
(d) If the Government has not provided additional funds to resume performance within 30 days after expiration of the period established in (a) above, the contractor may, by written notice, require that the contract be considered to be completed without prejudice to him or further liability to the Government. Such a termination shall not be considered to be a termination for convenience under the terms of the clause FAR 52.249-02, Termination for
Convenience of the Government.
(e) The provisions of this clause also apply in the event future full year appropriations are not available for funding of option periods.
G.3. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment
Platform (IPP) (September 2011)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment
Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable
Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions -
Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]:
No additional documentation required
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The
Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the
Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
G.4. Unilateral Deobligation of Unexpended Funds (May 2013)
The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer. After 120 days has passed since the expiration of the performance period, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.
G.5. NOT TO EXCEED INSTRUCTIONS
The contractor shall maintain a continuing record of charges against this order. When 80% of the total "not-to-exceed" amount of this order has been reached, notify the contact person below before proceeding further. This notification is required to ensure that the total labor, materials and travel do not exceed the amount obligated on this order. Charges in excess of the total "not-to-exceed" amount of this order will not be paid unless approved in writing by the Contracting Officer.
SECTION H. SPECIAL CONTRACT REQUIREMENTS
[Reserved]
SECTION I. CONTRACT CLAUSES
G15PS00086 Page 11 of 28
I.1. 52.204-13 System for Award Management Maintenance (JUL 2013)
I.2. 52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2014)
I.3. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial
Items. (MAY 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.
3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)
(41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun
2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009).
_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.
111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41
U.S.C. 2313).
___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of
Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub.
L. 111-8, and section 745 of Division D of Pub. L. 110-161).
___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (13) [Reserved]
_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
G15PS00086 Page 12 of 28
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (July 2010) of 52.219-9.
_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct
2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (June 2003) of 52.219-23.
___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting
(Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)
(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.
657f).
_X_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business
(EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the
WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
_X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
_X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_X_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
_X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
_X_ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)
(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_X_ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (39) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec
2007) (E.O. 13423).
___ (ii) Alternate I (Dec 2007) of 52.223-16.
G15PS00086 Page 13 of 28
_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).
___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).
___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.
2307(f)).
___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31
U.S.C. 3332).
___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013)
(31 U.S.C. 3332).
___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx
1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labot Standards -- Price Adjustment (Multiple
Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014)
(29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
G15PS00086 Page 14 of 28
___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
G15PS00086 Page 15 of 28
(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
I.4. 52.217-8 Option to Extend Services. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor within [30 days].
(End of clause)
I.5. 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 _15 days_;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _30_ days 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 5 years.
I.6. 52.223-10 – Waste Reduction Program (MAY 2011)
I.7. 52.227-14 Rights in Data – General (MAY 2014)
I.8. 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)
I.9. 52.247-34 F.o.b. Destination. (NOV 1991)
(a) The term f.o.b. destination, as used in this clause, means -
(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and
(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery
(or constructive placement as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including piggyback) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freight.
When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.
(b) The Contractor shall -
(1)(i) Pack and mark the shipment to comply with contract specifications; or
G15PS00086 Page 16 of 28
(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;
(2) Prepare and distribute commercial bills of lading;
(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;
(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;
(5) Furnish a delivery schedule and designate the mode of delivering carrier; and
(6) Pay and bear all charges to the specified point of delivery.
I.10. 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/
SECTION J. LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
[Reserved]
SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS
K.1. 52.212-3 Offeror Representations and Certifications-Commercial Items. (MAY 2014)
An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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.
“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United
States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.
395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue
Code at 26 U.S.C. 7874.
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
http://www.acquisition.gov/
G15PS00086 Page 17 of 28
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 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
G15PS00086 Page 18 of 28 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.
“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 (o) 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.
(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, for general statistical purposes, that it [_] is, https://www.acquisition.gov/
G15PS00086 Page 19 of 28
[_] 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 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.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to…
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