M67001-17-Q-1191__SOLICITATION_-_PSAMS_Equipment_Repair_and_Service.pdf
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- EQUIPMENT REPAIR
- Solicitation number
- M67001-17-Q-1191
- Issued by
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United States Marine Corps
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Preventive maintenance on equipment.
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SEE ADDENDUM
(No Collect Calls)
M6700117Q1191 18-May-2017
b. TELEPHONE NUMBER
910-451-1578
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 31 May 2017
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE
NO.
M670019. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
DEBORAH L WOLESLAGLE
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF
AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
M9305517SUCC002
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
M67001MARINE CORPS FIELD CONTRACTING SYS
P.O. BOX 8368 BLDG 1116
CAMP LEJEUNE NC 28547-8368
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE M93055 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
SOI PRINT SHOP EAST - CAMP GEIGER
CPL KYLER BUSS
BLDG G644, ROOM 277, C & 6TH STREET
CAMP GEIGER NC 28542
TEL: 910-449-0396 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE
SMALL BUSINESS
SIZE STANDARD:
$7,500,000
NAICS:
811310
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE
WOMEN-OWNED SMALL BUSINESS
PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL
ITEMS (CONTINUED)
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
M6700117Q1191
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 4 Quarter
(Time)
Maintenance Services - Cutter
FFP
Mfr: Duplo; Model No. 660.
Service to have the blade sharpened and rotated on a quarterly basis in which will be timed to occur during a routine maintenance period for one (1) cutter.
Refer to Performance Work Statement for additional information.
FOB: Destination
MILSTRIP: M9305517SUCC002
PURCHASE REQUEST NUMBER: M9305517SUCC002
NET AMT
0002 4 Quarter
Maintenance Services - Stitcher
Mfr: DeLuxe; Model No. M30-AST.
Refer to Performance Work Statement for details on this service for two (2) stitchers.
FOB: Destination
0003 4 Quarter
Maintenance Services - Laminator
Mfr: Ledco; Model No. D-423.
Refer to Performance Work Statement for details on this requirement one (1) laminator.
0004 4 Quarter
Maintenance Services - Paper Drill
Mfr: Challenge, Model EH-3.
Refer to Performance Work Statement for details on this requirement for one (1) paper drill.
1001 4 Quarter
OPTION Maintenance Services - Cutter
1002 4 Quarter
OPTION Maintenance Services - Stitcher
1003 4 Quarter
OPTION Maintenance Services - Laminator
1004 4 Quarter
OPTION Maintenance Services - Paper Drill
2001 4 Quarter
OPTION Maintenance Services - Cutter
2002 4 Quarter
OPTION Maintenance Services - Stitcher
2003 4 Quarter
OPTION Maintenance Services - Laminator
2004 4 Quarter
OPTION Maintenance Services - Paper Drill
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
1003 Destination Government Destination Government
1004 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
2003 Destination Government Destination Government
2004 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 26-JUN-2017 TO
25-JUN-2018
N/A SOI PRINT SHOP EAST - CAMP GEIGER
CPL KYLER BUSS
BLDG G644, ROOM 277, C & 6TH STREET
CAMP GEIGER NC 28542
910-449-0396
M93055
0002 POP 26-JUN-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 26-JUN-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 26-JUN-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 26-JUN-2018 TO
25-JUN-2019
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 26-JUN-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 26-JUN-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 26-JUN-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 26-JUN-2019 TO
25-JUN-2020
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 26-JUN-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 26-JUN-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 26-JUN-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
PERFORMANCE WORK STATEMENT
1. Scope: SOI-E Print Shop requires a maintenance contract for Government-owned machines: (2) M30 AST stitchers, (1) EH-3 Paper Drill, (1) Docucutter 660 Pro, and (1) Digital 42/60 Laminator in which we have in the reproduction section at the School of Infantry – East. The contract will reflect a schedule of required preventive maintenance and replacement of worn parts during preventive maintenance cycles. The contract should include a base year with two option years.
1.1. Background: The equipment listed below is integral to mission accomplishment for the print shop and subsequently the overall mission of the School of Infantry-East and the United States Marine Corps.
1.1.1. The M30 AST Stitcher is a machine that satisfies the requirements of any size Bindery House. This 670 pound, 66.5 inch high and 30 inch wide machine is idea for flat saddle and corner-stitched jobs, and can even stab stitch.
1.2. The EH-3 paper drill Powerful Hydraulic Operation is capable of 2-1/2" Drilling Capacity, Fast and Easy Head
Adjustments, Flexible Backgauge Adjustments, Automatic Drill Return, and Multiple sized drill capability.
1.3. The Docucutter 660 Pro Hydraulic Guillotine is a high performance, precision cutting hydraulic guillotine. I can cut a wide variety of paper stock and weights, has low friction, wide working surface, can cut at depths up to 26.5", and must have numerous active and passive safety measures.
1.4. The Digital 42/60 Laminator must have a capability to laminate with 1 - 5mm laminate, be 42" & 60" capability, be a large workspace/Feeder, have a dual capability to encapsulate laminate, be mobile, have a continual lamination capability, with a 10 - 30 FPM capability.
1.5. SOI-E Print Shop is unquestionably the busiest print shop in the Marine Corps, which provides approximately
17,000 stitched books to students per year. Due to the rigorous training requirements and the weather elements that these products are exposed to, stitching the books is the most economically sound way to provide these training aides. In addition the ability to cut materials, punch 2 and 3 holes in products, laminate is equally as important to mission success and cannot be understated.
2. Department of Defense Standards: Marine Corps Order 3104.1B and the Government Printing and binding
Regulations.
3. General Requirements: Maintenance service consists of preventative and repair services. Preventative service consists of those scheduled service calls necessary to maintain the equipment in first-class operating conditions
(cleaning, lubricating, adjusting, and replacing parts when needed). The maintenance service agreement and repair service shall include the cost of labor, transportation, replacement/spare parts, including consumable operating supplies. The contractor shall provide a minimum of at least one service call quarterly as a preventative maintenance to ensure that both Stitchers are maintained and are in fully operational condition. The contractor shall also be responsible for the rotation and sharpening of the guillotine blade every quarter.
3.1. Technical Objectives and Goals: Basic maintenance of machines and replacement of parts when worn. SOI
East Print Shop is located aboard Camp Geiger, Building G644, on C Street. This is a two story building located between Malnar Hall and the Mess Hall. Parking is provided directly in front of the building. Work required beyond the regular operational hours of this facility will be considered based on a request from the contractor.
3.2. Specific Requirements: Require a quarterly maintenance contract that supports the following requirements for
SOI-E Combat Camera’s Stitchers.
4. Maintenance:
4.1 The responsibility for maintaining the M30 Deluxe Stitchers, Docucutter 660 Pro, Digital 42/60 Laminator, and
EH-3 Paper Drill, furnished under this contract in serviceable condition will be solely that of the contractor.
4.2 The contractor shall have a crew of qualified and trained service and delivery personnel in sufficient numbers to service and support the requirements under this contract within the specified response time of eight (8) hours. The contractor shall furnish a local telephone number or 800 number and identify the point of contact to receive work requests during normal duty hours and non-duty hours at the post award conference.
4.3. The contractor shall provide maintenance services, without any action on the part of the customer to ensure that the machine furnished is maintained in serviceable condition. Preventative Maintenance must be accomplished in accordance with Original Equipment manufacturer’s standards. The contractor shall provide, at a minimum, quarterly service calls as preventative maintenance service to ensure that the stitchers furnished under this contractor are maintained in good working condition.
4.4 The Docucutter Pro 660 will be contracted to have the blade sharpened and rotated on a quarterly basis in which will be timed to occur during a routine maintenance period.
5. Support:
5.1. Response to service calls shall be during normal working hours (0700-1600), Monday through Friday
(excluding holidays), the contractor shall respond to verbal or written requests for service calls. The contractor shall repair the listed equipment within eight (8) working hours (four (4) working hours if identified as critical) after the verbal or written request for service.
6. Installation Access:
6.1. In order to gain access to Marine Corps Base (MCB), Camp Lejeune and/or Marine Corps Air Station (MCAS), New River, non-Federal Government and non-DoD issued ID cardholders require identity proofing and vetting to determine fitness and eligibility for access. Specifically, a check of records through the National Crime
Information Center (NCIC) Interstate Identification Index (III) is the installation’s minimum background check for access to MCB, Camp Lejeune and/or MCAS, New River for non-Common Access Card holders, to include entrance of visitors.
6.2. MCB, Camp Lejeune and MCAS, New River applies the following non-Federal Government cardholder criteria to determine the authorized type of access control credentials:
a. Contractors: RAPIDGate or 30-Day Pass followed by 4-DayPass*
b. Sub-Contractors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*
c. Vendors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*
d. Suppliers: RAPIDGate or 30-Day Pass followed by 4-Day Pass*
e. Service Providers: RAPIDGate or 30-Day Pass followed by 4-Day Pass*
f. Delivery Personnel: RAPIDGate or 30-Day Pass followed by 4-Day Pass*
g. Public-Private Venture (PPV) Housing and Installation Volunteers: Local Population Credential (The following are examples of Installation Volunteers: (Red Cross, Community College Instructors and Students, Commissary Baggers, Naval Hospital Volunteers, Family Readiness Volunteers, Wounded Warrior Volunteers, and any other organization approved by the Commanding General, Marine Corps Installation East-Marine Corps Base
Camp Lejeune and Commanding Officer, MCAS, New River)
6.3. Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CAC’s are exempt from
RAPIDGate enrollment.
6.4. Contractor personnel who are ineligible for a CAC will be required to either obtain a 30-Day pass followed by a 4-Day pass* or enroll in the RAPIDGate Program. RAPIDGate is a voluntary program due to associated costs.
For further information concerning contractor access, please contact the Contractor Vetting Office at 910-450-5978 or visit Marine Corps Base Camp Lejeune (http://www.lejeune.marines.mil/) or MCAS New River
(http://www.newriver.marines.mil/) websites. For information concerning enrolling in RAPIDGate please visit their website at www.rapidgate.com.
6.5. The Government will not be responsible for any access delays. Delays that may result from inadequate planning are contractor responsibility. Any and all costs associated with RAPIDGate are the sole responsibility of the contractor.
* Contractors will be issued a one-time pass for 30 days. Upon expiration of the 30 day pass, they will only be issued a 4 day pass every 4 days thereafter, for the duration of the contract.
7. Contractor and Subcontractor Employee Compliance with Intallation Rules and Regulations:
7.1. The Contractor is responsible for ensuring that each of its subcontractors fully complies with the following provisions, and shall flow down to subcontracts a clause to satisfy this contractual obligation.
7.2. The Contractor is responsible for providing information required obtaining clearances, permits, passes, or security badges required for Contractor personnel or equipment access. This includes information required for police or background checks or investigations and all other requirements of the issuing activity.
7.3. The Contractor is responsible for ensuring such clearances, permits, passes, or security badges are promptly returned to the issuing activity upon termination of an employee, completion of a project, or termination of a contract or subcontract.
7.4. All Contractor personnel performing work under this contract who require access to military installations shall obtain personal entry and vehicle passes from the Provost Marshall’s Office(PMO).
7.5. The Commanding Officer of the base, or his designated representative, has broad authority to remove or exclude any person in fulfilling his responsibility to protect personnel and property, to maintain good order and discipline, and to ensure the successful and uninterrupted performance of the Marine Corps mission. In the exercise of this authority, the Commanding Officer, or his designated representative, may refuse to grant personal entry passes or may bar Contractor employees, including employees who have been granted a personal entry pass.
Refusal to grant an employee a personal entry pass or barment of an employee does not relieve the Contractor of the responsibility to continue performance under this contract.
7.6. The Contractor’s employees shall observe and comply with all base rules and regulations applicable to contract personnel, including those applicable to the safe operation of vehicles, and shall not be present in locations not required for the proper performance of this contract.
7.7. Contractor personnel performing work under this contract shall be readily identifiable an employee of the contractor through the use of uniforms or nametags, or via an alternate method approved by the contracting officer.
http://www.lejeune.marines.mil/ http://www.newriver.marines.mil/ http://www.rapidgate.com/
7.8. Contractor personnel and equipment entering a military installation are subject to security checks. Contractor personnel shall follow direction given by Military Police or other security or safety personnel.
8. Contractor Services: Tech will replace all parts that are not in working order at the time of the initial assessment.
All follow-on maintenance will be considered either Preventative or Emergency Maintenance depending on the status of the machines.
9. Reliability Program: In the past, SOI-E Print Shop utilized Ultimate Print Finishing for all maintenance and emergency requests dealing with both Deluxe Stitchers. Having contacted the same organization they are capable and willing in which to compete for this contract.
10. Maintainability: In order to maintain the machines and avoid excess costs due to monthly maintenance requests or short fuse repairs, SOI-E Print Shop needs to establish a maintenance contract.
11. Contractor’s Unauthorized Work Performance. The Contractor shall not perform work that deviates from contract requirements and specifications. If the Contractor deviates from contract requirements and specifications without approval of the CONTRACTOR ADMINISTRATOR and/or the CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.
12. The following items/machines are to be included on this contract:
M30-AST Stitcher Serial #: 14021M30HD
M30-AST Stitcher Serial #: 15018M30HD
DocuCutter 660 Pro #: 660P1510028
EH-3 Paper Drill Serial #: 146061
Digital 42/60 Laminator Serial #: 400126
13. Period of Performance:
Base Year: 26 June 2017 – 25 June 2018
Option Year 1: 26 June 2018 – 25 June 2019
Option Year 2: 26 June 2019 – 25 June 2020
CONTRACTOR MANPOWER REPORT
NMCARS 5237.102-90 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION
(ECMRA)
5237.102(90) The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for aircraft maintenance via a secure data collection site.
Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:
(1) W, Lease/Rental of Equipment;
(2) X, Lease/Rental of Facilities;
(3) Y, Construction of Structures and Facilitites;
(4) D, Automatic Data Processing and Telecomunications, IT and Telecom-Telecommunications Transmission
(D304) and Internet (D322) ONLY;
(5) S, Utilities ONLY;
(6) V, Freight and Shipping ONLY;
The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year
(FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil .
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2016
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-13 System for Award Management Maintenance OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.212-1 Instructions to Offerors--Commercial Items JAN 2017
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.203-7994 (Dev) Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements - Representation.
NOV 2016
252.203-7995 (Dev) Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements.
NOV 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Dec 2016)
DEC 2016
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.244-7000 Subcontracts for Commercial Items JUN 2013 https://doncmra.nmci.navy.mil/ https://doncmra.nmci.navy.mil/
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) “TAILORED”
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
THIS PROCUREMENT IS SET ASIDE FOR SMALL BUSINESS. ALL RESPONSIBLE SMALL BUSINESS
SOURCES MAY SUBMIT A RESPONSE WHICH, IF TIMELY RECEIVED, WILL BE CONSIDERED BY THE
AGENCY.
Quotes will be evaluated and ranks according to price, from lowest to highest. The Government reserves the right to evaluate only the technical proposal of the lowest price offeror. Other technical proposals may not be evaluated unless the Government determines the lowest price offeror to be unacceptable or non-responsive. In the event that
Government determines the lowest price offeror to be unacceptable, the technical proposal of the next lowest price offeror will be evaluated. This process will continue until a technical proposal is determined to be acceptable.
Technical acceptability will be based on the demonstrated ability to meet the technical requirements, including the delivery requirement. A mere statement that the vendor “will meet the Government’s requirements” is insufficient;
the vendor must demonstrate how it will meet the requirement. Lowest Price Technically Acceptable (LPTA) will be evaluated on: (1) price; (2) technical; and (3) delivery.
To ensure technical compliance with the requirements, vendor quotes shall include the following information:
a. Vendor Specifications. The manufacturer’s name and manufacturer’s complete part numbers of items shall be submitted in the quote.
b. Vendor’s quote shall include an active Cage Code and Federal Tax Identification number. Vendors are required to be registered with SAM database and have an active cage code at the time of award.
c. Delivery Information. Clearly state if the quoter can meet the requested delivery as stated in each CLIN. If not, then state the best delivery date.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(c) Quotes are to be submitted via email to deborah.woleslagle@usmc.mil or by fax at 910-451-2331 by the response date notated on the solicitation.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
mailto:deborah.woleslagle@usmc.mil https://www.sam.gov/portal
(a) Definitions. As used in this provision--
“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Civil judgment” means--
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
“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.
“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and
Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational
Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act; and http://www.dol.gov/fairpayandsafeworkplaces
(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment
Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
“Labor laws” means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment
Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the
FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
http://www.osha.gov/dcsp/osp/approved_state_plans.html
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the
United States.
Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal
Register advising the public of the termination of the injunction.
(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 (u) 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 that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
https://www.acquisition.gov/
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 more than 50 percent of the contract price:
(10) HUBZone 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--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the
List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana
Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri
Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts
60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB
Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy
American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.
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