Mechanical Solicitation Instruction to Offerors -- 04JUNE2020.pdf

SP4705-20-R-0128

CONTINUATION OF SF 1449 BLOCKS

ADMINISTRATIVE DATA

An Indefinite delivery, indefinite quantity (IDIQ) is hereby established between 1 September 2020 – 31

August 2021 and the Defense Logistics Agency (DLA) Contracting Services Office – Fort Belvoir (DCSO- Fort Belvoir,) under the terms and conditions incorporated in this IDIQ.

NOTE: The below CLINs 0001 through 4002 are for reference / future Task Orders award purposes only and the Government does not expect this to be filled in when IDIQ proposals are submitted.

Non-Commercial Services

A. Construction and Alterations Work- C.1.2.29 C.1.23

12-Month Base Year Price Schedule

REF #/ CLIN Supplies/Services Qty Unit Unit

Price Ext. Price

0001 IDIQ Alterations and Repair Work

Material(s)

NON-COMMERCIAL SERVICES/CONSTRUCTION

12-Month Option Year 1 Price Schedule

REF #/ CLIN Supplies/Services Qty Unit Unit

Price Ext. Price

1001 IDIQ Alterations and Repair Work

REF #/ CLIN Supplies/Services Qty Unit Unit

Price Ext. Price

2001 IDIQ Alterations and Repair Work

Section 1 - Supplies or Services and Prices/Costs

REF #/ CLIN Supplies/Services Qty Unit Unit

Price Ext. Price

3001 IDIQ Alterations and Repair Work

REF #/ CLIN Supplies/Services Qty Unit Unit

Price Ext. Price

4001 IDIQ Alterations and Repair Work

Base Year Alteration and Repair Table

Labor Cat (Davis Bacon) Service

Rate Fringes Total Labor Rate

Estimated Labor Hrs.

Estimated Total

BOIL0193

Rates Fringes Boilermakers

ELEC0026-016

Rates Fringes

ELECTRICIAN, Includes

Installation of

HVAC/Temperature Controls

LABO0011-009

Rates Fringes

LABORER: Skilled

357.5

PLUM0005-010

Rates Fringes

PLUMBER

357.5

PLUM0602-005

Rates Fringes

Steamfitter, Refrigeration & Air

Conditioning Mechanic

PLUM0602-008

Rates Fringes

PIPEFITTER, Includes HVAC

Pipe Installation

SFDC0669-002

Rates Fringes

SPRINKLER FITTER (Fire

Sprinklers)

357.5

SHEE0100-015

Rates Fringes

SHEET METAL WORKER

(Including

HVAC Duct Installation)

PLUM0602-005

Rates Fringes

Steamfitter, Refrigeration & Air

Conditioning Mechanic

Total Estimated Cost Base Yr.

Option Year-1 Alteration and Repair Table

Estimated Labor Hrs.

Estimated Total

BOIL0193

Rates Fringes

Boilermakers

ELEC0026-016

Rates Fringes

ELECTRICIAN, Includes

Installation of

HVAC/Temperature Controls

LABO0011-009

Rates Fringes

LABORER: Skilled

357.5

PLUM0005-010

Rates Fringes

PLUMBER

357.5

PLUM0602-005

Rates Fringes

Steamfitter, Refrigeration & Air

Conditioning Mechanic

PLUM0602-008

Rates Fringes

PIPEFITTER, Includes HVAC

SPRINKLER FITTER (Fire

Sprinklers)

357.5

SHEE0100-015

Rates Fringes

SHEET METAL WORKER

(Including

HVAC Duct Installation)

PLUM0602-005

Rates Fringes

Steamfitter, Refrigeration & Air

Conditioning Mechanic

Total Estimated Cost Opt Yr #1

Option Year-2 Alteration and Repair Table

Estimated Labor Hrs.

Estimated Total

BOIL0193

Rates Fringes

Boilermakers

ELEC0026-016

Rates Fringes

ELECTRICIAN, Includes

Installation of

HVAC/Temperature Controls

LABO0011-009

Rates Fringes LABORER: Skilled

357.5

PLUM0005-010

Rates Fringes

PLUMBER

357.5

PLUM0602-005

Rates Fringes

Steamfitter, Refrigeration & Air Conditioning Mechanic

PLUM0602-008

Rates Fringes

PIPEFITTER, Includes HVAC

SPRINKLER FITTER (Fire Sprinklers)

357.5

SHEE0100-015

Rates Fringes

SHEET METAL WORKER

(Including

HVAC Duct Installation)

PLUM0602-005

Rates Fringes

Steamfitter, Refrigeration & Air

Conditioning Mechanic

Total Estimated Cost Opt Yr #2

Option Year-3 Alteration and Repair Table

Labor Cat (Davis Bacon) Service Rate Fringes Total Labor

Rate

Estimated

Labor Hrs.

Estimated

Total

BOIL0193

Rates Fringes

Boilermakers

ELEC0026-016

Rates Fringes

ELECTRICIAN, Includes

Installation of

HVAC/Temperature Controls

LABO0011-009

Rates Fringes

LABORER: Skilled

357.5

PLUM0005-010

Rates Fringes

PLUMBER

357.5

PLUM0602-005

Rates Fringes

Steamfitter, Refrigeration & Air

Conditioning Mechanic

PLUM0602-008

Rates Fringes

PIPEFITTER, Includes HVAC

Pipe Installation

SFDC0669-002

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)

357.5

SHEE0100-015

SHEET METAL WORKER

(Including

HVAC Duct Installation)

PLUM0602-005

Rates Fringes

Steamfitter, Refrigeration & Air

Conditioning Mechanic

Total Estimated Cost Opt Yr #3

Option Year-4 Alteration and Repair Table

Estimated Labor Hrs.

Estimated Total

BOIL0193

Rates Fringes

Boilermakers

ELEC0026-016

Rates Fringes

ELECTRICIAN, Includes

Installation of HVAC/Temperature Controls

LABO0011-009

Rates Fringes LABORER: Skilled

357.5

PLUM0005-010

Rates Fringes

PLUMBER

357.5

PLUM0602-005

Rates Fringes

Steamfitter, Refrigeration & Air

Conditioning Mechanic

PLUM0602-008

Rates Fringes

PIPEFITTER, Includes HVAC

Pipe Installation

SFDC0669-002

Rates Fringes

SPRINKLER FITTER (Fire

Sprinklers)

357.5

SHEE0100-015

SHEET METAL WORKER

(Including

HVAC Duct Installation)

PLUM0602-005

Rates Fringes

Steamfitter, Refrigeration & Air

Conditioning Mechanic

Total Estimated Cost Opt Yr #4

AUTHORITY

• This IDIQ is in accordance with Federal Acquisition Regulation (FAR) Part 6.102 -- Use of

Competitive Procedures pursuant to FAR Part 15 -- Indefinite-Quantity Contracts and FAR 15.405 -

- Price Negotiation.

• Under FAR Clause 52.217-8, Option to Extend Services, the Government may require continued performance of services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within 1 day of the expiration of Option Period four (4).

DESCRIPTION OF AGREEMENT

1.1. Brief Description of the Requirement: The overarching scope of this contract is to obtain alterations, repair, replacement and services for buildings, structures and related systems and equipment at the Defense

Logistics Agency, Andrew T. McNamara Headquarters Complex (HQC), Building 2462, 8725 John J.

Kingman Road, Fort Belvoir, VA 22060-6220, VA by a Performance Based, Firm Fixed Price - Indefinite

Delivery Indefinite Quantity (IDIQ) Contract. All building structures are within the ATM fence line.

Our objective is to acquire a single source full service Mechanical firm that is capable of executing in house operation, service, maintenance, preventive maintenance, repair and replacement of HVACR, plumbing and fire suppression and requirements such as the size and magnitude of the mechanical equipment in the HQC and as stated throughout this contract.

1.2 SITE VISIT: A Site Visit has been scheduled for Thursday, June 18, 2020, 09:00 – 12:00 P. M.

Contractors shall notify Mr. Ronald E. Fairley, (ronald.fairley@dla.mil) and Ms. Beverly J. Williams

(beverly.j.williams@dla.mil) no later than Monday, June 15, 2020 at 10:00 A.M. ET that they intend to attend the Site Visit. Participants shall meet at the front entrance of the DLA HQC no later than 09:00

A.M. ET, June 18, 2020. Only two (2) representatives from each potential offeror are authorized to attend.

The Government does not intend to conduct individual site visits; therefore, offerors wishing to inspect the site should attend in accordance with the aforementioned guidelines of this section.

Please arrive at the front gate of Defense Logistics Agency (DLA) at 8725 John J. Kingman Road, Fort

Belvoir, VA at least 15 minutes prior to the arranged time in order to secure a visitor pass. Limit the number of attendees to no more than two representatives from each company. To gain access to the installation you will need to have a government issued ID (e.g. driver’s license, state issued photo ID) for mailto:ronald.fairley@dla.mil mailto:beverly.j.williams@dla.mil every individual, and vehicle registration and insurance for each vehicle. Once you have entered to the gates, proceed to the flags to check in the building. Mr. David Hagemeier will be the point of contact for the site visit. If any problems, please contact Mr. Ronald E. Fairley at (571) 363-7069. Please note the site visit is only designed to allow interested parties the opportunity to visit the facility for viewing of the building, structures and related systems and equipment at DLA Headquarters Complex. Any technical questions should be reduced to writing and sent via email directly to the Contract Specialist at ronald.fairley@dla.mil within 24 hours after the site visit.

Prior to the scheduled site visit, company must provide to the Contract Specialist: Company Name, Full

Name(s) (no more than two (2) persons per company for the site visit), SSN(s), Place of Birth, Date of

Birth, and Cage Code, no later than Monday, June 15, 2020, 10:00 A.M. ET. This information is needed to gain access to the building, and all personal information will be destroyed after the site visit.

1.3 SUBMISSION OF QUESTIONS: Any questions regarding the solicitation or resulting from the site visit must be in writing and submitted after the site visit to the contract specialist, Ronald E. Fairley, via email to ronald.fairley@dla.mil and the Contracting Officer beverly.j.williams@dla.mil no later than 4:00

P.M. ET Tuesday, June 16, 2020. Vendor responses to the solicitation are due no later than 12:00

P.M ET, Monday, July 6, 2020.

1.4 POST AWARD CONFERENCE/CONTRACT KICK-OFF MEETING: Within thirty days of contract award, the Contractor will meet with the Contracting Officer, at a time to be determined by the

Contracting Officer, to discuss and develop mutual understandings on business related topics.

1.5 SPECIFIC INSTRUCTION FOR THE IDIQ “D” CONTRACT:

1.5.1 INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

(a) This is an Indefinite Delivery, Indefinite Quantity (IDIQ) type contract for services and effective for the period stated in the schedule. Multiple task orders may be issued under this IDIQ contract on a Fixed Price basis. Labor Rates will be fixed as per the Offeror’s proposal. The contract consists of a five-year period of performance, one 12-month base year and four (4) 12-month option years, which will commence on award.

(b) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders in accordance with FAR 52.216-18. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the PWS up to the contract stated maximum.

(c) Except for any limitation of quantities in FAR 52.216-19 or in the PWS, there is no limit on the number of task orders that may be issued.

(d) Any task order issued during the effective period of the IDIQ contract and not completed within that period shall be completed by the Contractor within the time specified in the task order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that task order to the same extent as if the task order was completed during the contractor’s effective period.

1.5.2 FOR ISSUING INDEFINITE DELIVERY INDEFINITE QUANTITY TASK ORDERS:

Some of the services to be furnished under this contract shall be furnished at such times as ordered by the issuance of task orders on SF 1449 by the Contracting Officer. All orders issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any task order.

1.5.3 FULFILLING MINIMUM ORDERING REQUIREMENTS: The Government has no obligation to issue task orders beyond the minimum amount specified below. There will be a one

“minimum guarantee award amount” of the firm fixed price CLINs for the base period. For each option period, if exercised, there will be a minimum guarantee award amount for the firm fixed price CLINs.

mailto:ronald.fairley@dla.mil mailto:ronald.fairley@dla.mil

1.5.4 FUNDING: The Contractor will only be paid for effort that has been authorized by the

Government and performed in accordance with the contract specifications, except for the minimum amount guaranteed.

1.5.5 WITHHOLDING: Withholding of payments may occur for fixed priced task orders if performance of services required are not performed at a satisfactory level as prescribed within

Attachment C18 to the PWS, “Performance Requirements Summary Table”.

1.5.6 PRICING OF TASK ORDERS: Individual Task Orders will be issued as requirements arise and become known. Task Orders will specify work to be performed and will reflect the labor rates of the proposed staff in effect when the task order is issued (in accordance with the provisions contained in the

IDIQ contract and the award task orders). The proposed labor rates will be included within the IDIQ contract. The Contractor shall perform all services in accordance with the task order performance work statement/specifications. The terms and conditions set forth in the IDIQ contract will always apply. All

Task Orders will be fixed price.

1.5.7 LABOR RATES: The proposed labor rates shall be used by the Contractor as the ceiling labor rates when submitting price proposals in response to requests for task orders issued under this contract.

The proposed labor rates of the successful awardee will be included as a separate table with the IDIQ contract. The contractor may propose at or below these labor rates, as each task order award will be negotiated on an individual basis.

Labor Rates. Labor rates established through the labor rate table for follow-on Task Orders will be fixed at time of IDIQ contract award for the Base Period and all Option Periods based on the rates offered in the successful awardee’s Proposal. The rates that are set-forth in the IDIQ contract cannot be exceeded on any issued task order. Task Order proposed price will be determined fair and reasonable in accordance with FAR 15.404-1(b), after Price Analysis proposed price s (labor hours, and material).

1.5.8 Ordering/Request for Quote Process Overview:

(a) All task orders are issued under the single award IDIQ.

(b) After award of a single IDIQ, orders will be issued to the successful awardee.

(i) Email will be utilized to issue the Request for Quotes (RFQs) for the individual task orders and to evaluate the offer received.

(ii) Approved customer Performance Work Statement will be inserted into an RFQ and forwarded (via email) to the successful offeror.

1.5.9 SPECIAL CONTRACT REQUIREMENTS: This is an Indefinite-Delivery/Indefinite-

Quantity (ID/IQ) contract against which it is planned to award Firm Fixed Price (FFP) task orders.

The appropriate CLINS will be established for each individual task order. The total amount of all orders placed from this solicitation shall not be less than the minimum of $2,000 and the maximum shall not exceed $5,000,000.

1.6 WORK CLASSIFICATION & MINIMUM WAGES: All work performed pursuant to this IDIQ contract, firm-fixed price CLINs are subject to a Collective Bargaining Agreement. FAR Clause

52.222-41, Service Contract Labor Standards (Aug 2018). All work performed pursuant to follow-on task orders are subject to FAR Clause 52.222-6, Construction Wage Rate Requirement (Aug 2018).

Department of Labor Wage Determinations are attached to this solicitation.

1.7 KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel: (Insert employee’s name beside their Title/Position.)

Name Title / Position

Project Manager

On-site Supervisor

Shift Supervisor

(b) During the first 120 calendar days of performance, the Contractor shall make no substitution of key personnel unless the substitution is necessitated by illness, death or termination of employment. The

Contractor shall notify the Contracting Officer within 2 calendar days after the occurrence of any of these events and provide the information required by “(c)” below.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution, including resumes and other pertinent information for the proposed substitutes within 10 business days of the above identified issues. . No official substitutions may be made until the

Contracting Officer has approved the substitution. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor within 10 days after receipt of all required information of the decision on substitutions.

(d) After the initial 120-calendar day period, the Contractor shall submit the information required by (c)

(above) to the Contracting officer within 15 business days of being made aware of a necessary substitution. No official substitutions may be made until the Contracting Officer has approved the substitution. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 10 days after receipt of all required information of the decision on substitutions.

1.8 DELIVERIES AND PERFORMANCE

1.8.1 PLACE OF PERFORMANCE: Tasks will be performed at the Andrew T. McNamara

Headquarters Complex (HQC), 8725 John J. Kingman Road, Fort Belvoir, VA 22060-6220.

1.8.2 DELIVERABLES: The contractor shall provide reports and/or documentation to the COR within a specific period as indicated on Attachment C.8 List of Records and Reports. Deliverables for individual

Task Orders will be defined under each the Task Order.

1.9 CONTRACT ADMINISTRATION DATA

Primary Point of Contact: (Provide complete name, title, corporate address, electronic mail address and phone number)

Alternate Point of Contact:

• Are you a Large Business under NAICS Code 238220 (FAR PART 19.102) YES NO

• Are you a Small Business under NAICS Code 238220 (FAR PART 19.102) YES NO

• Are you a Small Business Administration certified Small Disadvantaged Business (SDB) YES

NO

• Are you a Woman-Owned Business? YES NO

• DUNS NUMBER:

• CAGE CODE:

1.10 Communication

(a) The Contracting Officer is the only person authorized to approve changes in any of the requirements of the contract and notwithstanding provisions contained elsewhere in the contract; the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authorization and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

(b) The name, address, and telephone number of the Contracting Officer is:

Beverly J. Williams

Contracting Officer

DLA Contracting Service Office – Fort Belvoir VA

8725 John J. Kingman, Fort Belvoir, VA 22060

Telephone: (571) 767-1192 Email: beverly.j.williams@dla.mil

(c) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer or pursuant to specific authority otherwise included as a part of the contract.

(d) No order, statement or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with the Contractor’s personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

1.11 Contracting Officer’s Representative (COR): The Contracting Officer’s Representative (COR) will be assigned at the time of contract award.

1.12 PREVAILING TERMS AND CONDITIONS

All orders placed against this IDIQ are subject to the terms and conditions of all clauses and provisions in full text or incorporated by reference herein.

1.13 TERM OF IDIQ

This IDIQ expires on August 31, 2025. This IDIQ is not a contract. If the IDIQ holder fails to perform in a manner satisfactory to the Contracting Officer, this IDIQ may be canceled within 30 days written notice to the IDIQ holder.

1.14 OBLIGATION OF FUNDS

This IDIQ does not obligate funds. Funds will be obligated via Task Orders issued by the Contracting Officer.

1.15 AUTHORIZED USERS

DCSO-Fort Belvoir representing DLA DS-FFI are the only users authorized to fund Task Order under this

IDIQ. Any authorized user shall only be allowed to issue an order under this IDIQ if funds are certified and the IDIQ awarding office's Task Order number is assigned. IDIQ holders shall not accept or perform any work in response to orders received from non-authorized users.

1.16 TASK ORDER MANAGEMENT

Once a funded Task Order has been placed by a Contracting Officer, the representing DLA Installation

Support Facility Specialist shall oversee the individual services provided under the Order and provide program management. The contractor shall provide the Contracting Officer (KO) with a quote for any changes requested. Prior to ordering the changes, the KO shall send a copy of the quote to the Contracting

Officer Representative (COR) who will ensure it is within scope and that there is adequate funding on the order to cover the changes.

SECTION C – PERFORMANCE WORK STATEMENT (PWS) MCNAMARA HEADQUARTERS

COMPLEX (HQC MECHANICAL BUILDING MAINTENANCE SERVICES)

See Attachment: Performance Work Statement

CONTRACT CLAUSES

FAR 52.202-1 -- Definitions (Nov 2013)

FAR 52.203-2 -- Certificate of Independent Price Determination (Apr 1985)

FAR 52.203-3 – Gratuities (Apr 1984)

FAR 52.203-5 -- Covenant Against Contingent Fees (May 2014)

FAR 52.203-7 -- Anti-Kickback Procedures (May 2014)

FAR 52.203-8 -- Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May

2014)

FAR 52.203-10 -- Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

FAR 52.203-11 -- Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (Sep 2007)

FAR 52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

FAR 52.203-13 – Contractor Code of Business Ethics and Conduct (Oct 2015)

FAR 52.203-14 – Display of Hotline Poster(s) (Oct 2015)

FAR 52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (Apr 2014)

FAR 52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements—Representation (Jan 2017)

FAR 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017)

FAR 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

FAR 52.204-7 -- System for Award Management (OCT 2018)

FAR 52.204-9-- Personal Identity Verification of Contractor Personnel (Jan 2011)

FAR 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

FAR 52.204-13 – System for Award Management Maintenance (Oct 2018)

FAR 52.204-16 --Commercial and Government Entity Code Reporting (Jul 2016)

FAR 52.204-17 Ownership or Control of Offeror (July 2016)

As prescribed in 4.1804(b), use the following provision:

(a) Definitions. As used in this provision—

“Commercial and Government Entity (CAGE) code” means--

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

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

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

NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P875_112142

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

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

Immediate owner CAGE code:

Immediate owner legal name: (Do not use a

“doing business as” name)

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

[ ] Yes or [ ] No.

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

Highest level owner CAGE code:

Highest level owner legal name: (Do not use a

“doing business as” name)

(End of provision)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

FAR 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.204-20 – Predecessor of Offeror (July 2016)

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

“Commercial and Government Entity (CAGE) code” means--

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

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

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

NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”).

Predecessor legal name: .

(Do not use a “doing business as” name).

FAR 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

FAR 52.204-22 – Alternative Line Item Proposal (Jan 2017)

FAR 52.207 -- Acquisition Planning Provisions and Clauses (May 2006)

FAR 52.207-2 -- Notice of Streamlined Competition (May 2006)

FAR 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations—Representation (Nov

2015)

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

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

9.108-4.

(c) Representation. The offeror represents that—

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

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

FAR 52.209-5 -- Certification Regarding Responsibility Matters (Oct 2015)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of

Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see

52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under

I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under

11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the

United States and the Making of a False, Fictitious, or Fraudulent Certification May

Render the Maker Subject to Prosecution Under Section 1001, Title 18, United

States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

FAR 52.209-6 -- Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

FAR 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals

Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award

Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information

System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

FAR 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

FAR 52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)

FAR 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (Feb 2016)

FAR 52.210-1 – Market Research (Apr 2011)

FAR 52.211-10 -- Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than the date identified within the Task Order.* The time stated for completion shall include final cleanup of the premises.

(End of Clause)

FAR 52.211-11 -- Liquidated Damages -- Supplies, Services, or Research and Development (Sept 2000)

FAR 52.211-12 -- Liquidated Damages – Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of [Contracting

Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

https://www.sam.gov/

(End of Clause)

FAR 52.211-13 -- Time Extensions (Sept 2000)

FAR 52.211-18 -- Variation in Estimated Quantity (Apr 1984)

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items. (MAR 2020)

52.212-3 Offeror Representations and Certifications—Commercial Items (MAR 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

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

U.S.C. 395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

http://www.sam.gov/

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on

State law and specific circumstances.

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 and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

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