RFQ.pdf

Historic Conservation – Condition Assessment and Report

General Services Administration

Public Buildings Service - Northwest/Arctic Region 10

Design and Construction Division (10PCQ)

REQUEST FOR QUOTES (RFQ): GS-10P-14-LT-P-0042

Issue Date: August 8, 2014

Your firm is invited to submit a quote for Historic Condition Assessment at the Gus Solomon

Courthouse in Portland, OR. GSA requests that your firm provide technical information and a complete quote for this project for a period of performance not to exceed 90 days following the effective date of the contract. The winner of award will be precluded from bidding on any subsequent work related to or resulting from this RFQ. The Request for Quote (RFQ) form and instructions are enclosed for your use. Quotes are due no later than 2:00 pm (Pacific Time Zone) on August 18, 2014. Please email your quote and direct all inquiries to the following (Faxes will not be accepted):

Contract Specialist: Khristine Wolfe

General Services Administration, Public Buildings Service

Acquisition Solutions Branch (10PCQ)

400 – 15 th

Street SW

Auburn, WA 98001-6599

Phone: 253-931-7135

EMAIL: khristine.wolfe@gsa.gov

**This acquisition is a total 100% Small Business Set-Aside**

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested.

ACQUISITION MILESTONES/SCHEDULE (Estimated)

08/08/2014 RFQ Issued

08/11/2014 Request for Information (RFI) Due

08/18/2014 Technical Information and Price Quote Due

08/19/2014 Review of quotes complete

08/20/2014 Contract Award

08/20/2014 Notice to Proceed

12/10/2014 Contract Expires mailto:EMAIL:%20khristine.wolfe@gsa.gov

TABLE OF CONTENTS

SECTION CONTENT

1.0 INSTRUCTIONS

2.0 TECHNICAL INFORMATION REQUIREMENTS

3.0 PRICE INFORMATION REQUIREMENTS

4.0 COMMUNICATION AND REVISIONS

5.0 SECURITY REQUIREMENTS

6.0 TERMS AND CONDITIONS

List of Attachments:

o SF Form 18, Request for Quote o Statement of Work

1.0 Instructions

1.1 GSA will be accepting technical information and quotes for Historic Condition Assessment at the Gus Solomon Courthouse in Portland, OR.

1.2 The period for government acceptance of the quote is 60 days following the RFQ due date.

1.3 These services are being procured as a competitive Request for Quote (RFQ) as authorized by parts 12, 13 and/or 15 of the Federal Acquisition Regulation (FAR) and the General Service Administration Acquisition Manual (GSAM) located at: http://www.arnet.gov/far and http://www.arnet.gov/GSAM/gsam.html. This solicitation will result in the award of a fixed price contract.

1.4 The Government intends to award to the offeror providing technical acceptability and lowest price. Technically acceptable criteria are located in paragraph 2.3. Basis for Award: 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. Selection of the Firm will be based on the lowest price technically acceptable offer.

1.5 This request for quote does not commit the Government to award a contract or to pay any costs incurred in technical information and quote preparation.

1.6 The government will evaluate the quality and extent of the offeror’s experience relevant to the requirements of this RFQ. The government reserves the right to consider other sources of information such as current and past procurements, other federal agency contracts, commercial sources, and the Past Performance Information Retrieval System (PPIRS). The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirements, when such information is relevant to the acquisition.

1.7 Technical Information must be submitted separately from pricing information and will be evaluated separately by a technical team. Technical Information shall be clearly marked as such. Price shall not be discussed in the technical information package.

1.8 Interested firms are cautioned to submit adequate and sufficient information to enable the Government to fully ascertain its capability to perform all of the requirements of this acquisition. The data submitted with each quote should be complete and concise but not overly elaborate.

2.0 Technical Information Requirements

2.1 Submit your Technical Information and price quote, to the GSA Contract Specialist, Khristine Wolfe via email to khristine.wolfe@gsa.gov, no later than August 18, 2014, 2:00 PM Pacific Time Zone.

2.2 The Offeror shall submit their written technical information and price quote with the following table of contents:

Cover Letter (one page) – Shall include Offeror’s name, address, phone number, and email address as well as a statement providing: SAM Registered/Certified

(include DUNS and CAGE Code), No Active Exclusions, and Provisions/Clauses completed (do not send SAM Record) http://www.arnet.gov/far http://www.arnet.gov/GSAM/gsam.html mailto:khristine.wolfe@gsa.gov

Signed copy of Request for Quotation (This is not an Order) (SF 18) and all

Amendments (SF 30) of solicitation, if any

Schedule of Prices (CLINs Structure) – Provide pricing for each CLIN

Technical Capability (no more than 2 pages)

2.3 Evaluation Factors:

Factor 1. Technical capability to meet the Government’s Requirement:

a. The term “technical,” as used herein, refers to non-price factors other than past performance.

More than one “technical” factor can be used and titled to match the specific evaluation criteria appropriate for the RFQ. The purpose of the technical factor is to assess whether the offer will satisfy the Government’s minimum requirements.

b. Provide (limited to 5 pages, each side of a sheet of paper constitutes one page) a written explanation describing:

1) A list of key personnel to be utilized during the life of the project.

2) Offerors must submit copy of graduate degree in conservation and state whether they have the knowledge, skills and abilities specifically related to historic restoration and preservation of sandstone and bronze. Contractors and subcontractors must meet all qualifications defined by the Secretary of the Interior Standards for the Treatment of

Historic Properties and the American Institute for Conservation of Historic and Artistic

Works.

3) How the Offeror intends to comply with the Statement of Work and supply of all required documentation herein.

4) The Offeror shall “confirm that they understand the complexity and nature of the requirement, and are fully capable of providing the contracted service.”

5) This requirement is a small business set-aside, the Offeror shall confirm that they have the personnel and financial capability/capacity to perform the contract in accordance with FAR 52.219-14 -- Limitations on Subcontracting. Specifically addressing “(c) By submission of an offer and execution of a contract, the

Offeror/Contractor agrees that in performance of the contract in the case of a contract for --(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.”

c. Technical capability will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A-1:

Table A-1. Technical Acceptable/Unacceptable Ratings

Rating Description Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

Factor 2. Present/Past Performance

a. Provide a minimum of THREE references using (i.e., name, title, telephone phone number, and project title/description) who can verify that YOUR company provided recent Condition

Assessments and conservation and preservation work on historical buildings or care of similar scope and complexity as required herein. "Recent" is defined as "within the past three years.” Past Performance references may be contacted. The Government may also consider any additional past performance information that is available. Offerors are reminded that, while the Government may elect to consider data obtained from other sources, the burden of providing thorough and complete performance information rests with the Offeror.

b. The past performance assessment will be evaluated using information gleaned from the references provided by the Offeror, as well as any other information available to the

Government to include, but not limited to the Past Performance Information Retrieval System

(PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS). The government may rate past performance based on the available information or may decide there is insufficient information and assign a neutral rating.

c. Present/Past Performance will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A-2:

Table A-2. Present/Past Performance Evaluation Ratings

Rating Description

Acceptable

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.).

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Factor 3: Price. Price will not be rated. Submit pricing for all Contract Line Item Numbers

(CLINs). Provide total pricing for the entire offer.

Price will be evaluated using various price analysis techniques and the following:

Total Price: The total price is the sum of the prices for all the Contract Line Items (CLINs) of this solicitation.

This solicitation will be evaluated using the methodology of Lowest Price Technically

Acceptable (LPTA). The award will be made to that offeror that receives the following rating:

Factor 1 Technical Capability – Acceptable

Factor 2 Present/Past Performance – Acceptable

Factor 3 Price – Lowest priced offer after successful Factors 1-2 evaluations.

When considering the factors above, factors 1 and 2 are equal in importance. When combined, factors

1 and 2 are significantly less important than 3 (price). Price will become the determining factor, if the quotes for factors 1 and 2 are determined to be essentially equal.

All evaluation factors must be rated at least ‘Acceptable’ to be considered for award.

3.0 PRICE INFORMATION REQUIREMENT

3.1 The contents of the price quote shall include a breakdown of lump sum prices which shows the total level of effort.

4.0 COMMUNICATIONS AND REVISIONS

4.1 Contractors are cautioned to submit sufficient information and in the format specified in the instructions. Contractors may be asked to clarify certain aspects of their quote (for example, the relevance of past performance information) or respond to adverse past performance information to which the Contractor has not previously had an opportunity to respond.

Communications may be conducted to resolve minor or clerical errors and the Government reserves the right to award a contract without the opportunity for quote revision.

4.2 The Government intends to award based on initial offers, however, reserves the right to conduct fact finding or communication sessions if the Contracting Officer later determines them to be necessary. If communication sessions are conducted, the means and methods (e.g., in person, telephonic, written) will be determined by the Contracting Officer. This may result in a request for revised price. If final price revisions will be required for award determination, at the direction of the Contracting Officer, the offeror shall then submit their

Final Price Revision (FPR) for evaluation. Final selection and award will be made by the

Contracting Officer to that offeror that is determined technically acceptable and lowest priced.

5.0 SECURITY REQUIREMENTS

5.1 Suitability Determinations- Security, Technical or Environmental Requirements

(a) All contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than 6 months (Regular Employees) will be required to undergo a suitability determination before a facility identification card is issued. Prior to the time that an identification card is issued, such Regular Employees will be required to comply with established facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

(b) Failure of a Regular Employee to receive a favorable suitability determination shall be cause for removal of the employee from the work site and from other work in connection with the Contract.

(c) Contract employees working less than 6 months (Temporary Employees) may, at the

Government's option, be required to undergo a lesser form of suitability determination.

Prior to the time that an identification card is issued, if at all, such Temporary Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

(d) Temporary Employees who have not received a favorable suitability determination shall be escorted at all times while in non-public space, as directed by the Government.

(e) The Government, at its sole discretion, may grant temporary suitability determinations to Regular or Temporary Employees. However, the granting of a temporary suitability determination to any such employee shall not be considered as assurance that a favorable suitability determination will follow.

(f) The Contracting Officer or his/her designated representative shall provide the

Contractor with required forms for obtaining necessary clearances. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 14 days following being provided by the Government.

(g) The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access to facilities by its employees and subcontractors shall not be an excuse to any Contractor performance under the Contract.

5.2 Clearance of Contract Employee Personnel –

(a) Overview. Homeland Security Presidential Directive-12 “Policy for a Common

Identification Standard for Federal Employees and Contractors” (the Directive) became effective August 27, 2004. The contractor shall comply with guidance concerning implementation of the Directive provided by the contracting officer or his/her designated representative.

(b) Submission of Forms. Following award, the Contractor shall submit the following forms and information for each contractor employee who will require access to Federally-controlled facilities and/or a Federal information system in performance of the contract. (See Security Clearance Desk Guide – External

Contractor)

NOTE: The clearance process is determined by the time that the contractor is required to work on the contract, not on the performance period itself.

Long term Clearance: Contractors working on a GSA contract for more than 6 months or any contractor requiring access to the federal information network.

Packet requirements:

Contractor Information Worksheet (CIW) [to be provided after award of Task

Order] for each employee SF85 via e-QIP invitation OF306 Declaration of Federal Employment FD-258 fingerprint cards

All forms must be typed and printed. Actual signatures are required (not printed).

The OF306 Form is fillable but cannot be saved. Fill out and then print.

INSTRUCTIONS TO CONTRACTOR EMPLOYEE:

Complete CIW: Sections 1 and 2 of Contractor Information Worksheet (CIW), verify all other portions completed.

Complete OF 306: Items 1-6, 7a-7c, 8, 9, 10, 11, 12, 13, 16, and 17a.

Sign and date 17a on the OF 306 Note: The Items noted above are REQUIRED TO BE COMPLETED.

Packet requirements:

Contractor Information Worksheet (CIW) [to be provided after award of Task

Order] for each employee OF306 Declaration of Federal Employment Addendum to the OF 306, Item 16 FD-258 fingerprint cards

All forms must be typed and printed. Actual signatures are required (not printed). The OF Forms are fillable but cannot be saved. Fill out and then print.

INSTRUCTIONS TO CONTRACTOR EMPLOYEE:

Complete CIW: Sections 1 and 2 of Contractor Information Worksheet (CIW), verify all other portions completed.

Complete OF 306: Questions 1 – 6 and sign and date 17a.

Complete Addendum to the 306: Question 16B and 16D (if applicable) 16F (if applicable), and 16G (if applicable).

NOTE 306 FORM: CONTRACTOR EMPLOYEES ARE NOT APPLYING FOR

FEDERAL EMPLOYMENT. (*This form is being used to assess fitness for federal contract employment)

NOTE: FD 258, Fingerprint Card (1 set if electronic, 2 if manual ink)

(c) General Description of the Clearance Process

i. The Department of Homeland Security, Federal Protective Service on behalf of GSA completes the clearance process investigations. The checks include an NCIC "QH" criminal history index query, state criminal history record, FBI number, name, fingerprint check, terrorist watch list and OPM security/suitability index. In addition, for contractors working more than six months the Office of Personnel Management will request written inquiries for education, residence, and personal preferences.

ii. Upon receipt of either the completed CIW or the sealed envelope containing the required forms, the Contracting Officer or his/her designated representative will forward each clearance package to the GSA Security Office for initial processing. (NOTE: If utilizing the e-QIP process, an email invitation will be sent to the Contractor via the email address obtained in the CIW. The contractor employee will be required to complete the SF85 via the e-QIP and then submit the required forms (i.e. e-QIP signature pages, 306 form, fingerprints cards, etc.) separately).

iii. If the checks are favorable upon initiation of preliminary findings, the contractor employee may be granted access to federally controlled facilities and federal information systems. This process takes approximately (10) business days but could take longer.

iv. National Agency Check with Written Inquiries and Credit (NACIC). For contractor employees whose work requirements are more than six months they will receive a favorable initial checks as described above, a National Agency Check with Written Inquiries (NACI) will be initiated. The NACI check includes record searches with selected sources covering specific areas of the employee’s background including credit, and written inquiries covering specific areas of the employee’s background during the past 10 years. This process takes approximately six months but may take longer. During this investigative period, the contractor employee is required to complete any requested clarification received from the Department of Homeland Security, Federal Protective Service. Failure to do so will result in revocation of the preliminary favorable finding.

(d) Issuance of Identification Credential. Upon receipt of a preliminary favorable background check, each contract employee may be issued an identification credential in accordance with the federally-controlled facility procedures and be granted full access to those Federal information systems necessary to accomplish the contract. The contractor shall ensure that all contract employees visibly display their credentials in accordance with facility procedures. The contractor shall also ensure that such credentials are returned to the government as contract employees are dismissed or terminated, and upon expiration of the contract.

(e) Unsuitable Employees. If the Contracting Officer or his/her designated representative receives an unsuitable report on any prospective contractor employee, or if the Contracting Officer or his/her designated representative finds a prospective employee to be otherwise unsuitable or unfit for his assigned duties, the contractor shall be advised immediately by the Contracting Officer or his/her designated representative that such employee will not be allowed to work under the contract. The contractor must then take action to remove the employee from the GSA contract.

5.3 Compliance with Security Requirements

(a) The Contractor shall comply with all GSA and tenant agency security requirements in the building(s) where work is being performed.

(b) When a controlled personnel identification access system is used by a tenant agency at a site where work is performed, the tenant agency will be responsible for providing any required access credentials. Credentials shall be displayed at all times or as otherwise required by the tenant agency.

5.4 Identification Credential

(a) Upon receipt of a favorable suitability determination, each Regular or Temporary Employee shall be issued an identification credential (Credential) permitting regular access to the building(s) were work is being performed.

(b) Regular or Temporary Employees with Credentials shall be required to comply with all applicable access security screening procedures applicable to Government or other personnel possessing similar Credentials.

(c) All Contractor or subcontractor employees possessing Credentials shall visibly display their credentials at all times while in the building(s) where work is being performed.

(d) The contract awardee shall be responsible for ensuring that all identification credentials are returned to the Government when a particular Contractor or subcontractor employee will no longer be providing service under the Contract at the building(s) covered by the Credential.

(e) The Contractor will notify the Government when Credentials are lost. In that event, the Contractor will be responsible for reimbursing the Government for its cost in issuing a replacement Credential.

5.5 Standards of Conduct

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary.

5.6 Removal from Contract Work

(a) As provided in the GSAM Clause 552.237-71, “Qualifications of Employees", the contracting officer or a designated representative may require the Contractor to remove any employee(s)from GSA controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled property. This shall include, but not be limited to, instances where an employee is determined, in the Government's sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.

(b) A contractor employee may also be removed where the continued employment of the contractor employee in connection with the Government work is deemed, in the Government's sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well being or operational mission of the facility and its population.

(c) Where a contractor employee is granted a temporary suitability determination, and an unfavorable final suitability determination is later rendered, the Government will insist on the employee's removal from the work site and from other work in connection with the Contract.

(d) The Contractor shall be responsible for providing replacement employees in cases where contract employees are removed at no additional cost to the Government.

5.7 Sensitive but Unclassified (SBU) Building Information

Dissemination of sensitive but unclassified paper and electronic building information shall be made on a "need to know" basis in accordance with GSA Order PBS P 3490.1, a copy is attached.

6.0 TERMS AND CONDITIONS

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

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) [Reserved]

___ (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).

_X_ (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.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (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.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X (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).

___ (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).

___ (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.)

___ (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.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

X (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).

X (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)).

X (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).

X (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 Labor 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).

___ (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.

(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)

52.203-3 Gratuities (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.204-7 Central Contractor Registration (JULY 2013)

52.212-1 Instructions to Offerors – Commercial Items (JULY 2013) 52.212-4 Contract Terms and Conditions – Commercial Items (SEP 2013)

52.222-41 Service Contract Act of 1965, as Amended (NOV 2007)

52.223-11 Ozone-Depleting Substances (MAY 2001)

52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.233-1 Disputes (JUL 2002) 52.233-3 Protest after Award (AUG 1996) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR

1984)

52.243-1 Changes – Fixed-Price (AUG 1987)

52.246-1 Contractor Inspection Requirements (APR 1984)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR

1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

552.232-70 Invoice Requirements (SEP 1999)

552.252-5 Authorized Deviations in Provisions (SEP 1999)

552.252-6 Authorized Deviations in Clauses (SEP 1999)

GSAM 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial

Items (JUL 2003)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

552.237-70 Qualifications of Offerors

(b) Clauses.

X 552.203-71 Restriction on Advertising

552.211-73 Marking

552.215-70 Examination of Records by GSA

552.215-71 Examination of Records by GSA (Multiple Award Schedule)

552.215-72 Price Adjustment—Failure to Provide Accurate Information

552.219-70 Allocation of Orders—Partially Set-Aside Items

552.228-70 Workers’ Compensation Laws

X 552.229-70 Federal, State, and Local Taxes

552.232-8 Discounts for Prompt Payment

552.232-23 Assignment of Claims

X 552.232-71 Adjusting Payments

X 552.232-72 Final Payment

X 552.232-73 Availability of Funds

X 552.232-78 Payment Information

X 552.237-71 Qualifications of Employees

552.238-71 Submission and Distribution of Authorized FSS Schedule Price List

552.238-74 Industrial Funding Fee and Sales Reporting

552.238-75 Price Reductions

552.242-70 Status Report of Orders and Shipments

552.243-72 Modifications (Multiple Award Schedule)

552.246-73 Warranty—Multiple Award Schedule

552.246-76 Warranty of Pesticides

(End of clause)

52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Items. As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAY 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at www.sam.gov. If an offeror has not completed the annual representations and certifications electronically at the 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.

http://www.sam.gov/

“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;

(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.

“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.

“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 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 andunconditionally 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 System for Award Management (SAM) website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website at www.sam.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (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…