13-R-0003-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This modification changes Sections B, F, I, J, and L. It also provides responses to the following questions:

1. Are financial compilations prepared by an accounting firm, or certified true and correct financials, be acceptable instead of the required audited financials? Answer: Yes, see Section L.

2. Please provide NAVFAC's understanding with regard to foreign nationals working onboard the MPF vessels. Answer: It is not NAVFAC’s role to provide guidance on legal compliance.

3. Is the 20 page limit inclusive of all pricing sheets, resumes, financial back-up, certificates, questionnaires etc? Answer: No, the page limit does not include any necessary documents/ attachments.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 21

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N00025-13-R-0003

X 9B. DATED (SEE ITEM 11)

01-Aug-2013

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

15-Aug-2013

CODE

NAVAL FACILITIES ENGINEERING COMMAND

1322 PATTERSON AVE SE, SUITE 1000

WASHINGTON DC 20374

N00025 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

X

S/ MICHAEL FANIZZO JR. 8/15/13

N00025-13-R-0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

Section B is changed to reflect the scope and values below.

ITEM SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Monthly

BASE YEAR

MPF SYSTEM MAINTENANCE, REPORTING, AND PAINTING

FFP

OFFERS SHALL PROVIDE A MONTHLY PRICE

MINIMUM ORDER VALUE: $600,000

MAXIMUM ORDER VALUE: $2,500,000

Perform preventive maintenance, reporting, and painting/preservation for Improved Navy Lighterage System (INLS), Amphibious Bulk Liquid Transfer System (ABLTS), Landing Craft, Mechanized (LCM-8), and Marine Prepositioned Force Utility Boat (MPF UB) onboard the Maritime Prepositioned Force (MPF) ships in accordance with Section C.

FOB: Worldwide Geog. Loc. Code

0002 EA

BASE YEAR

LABOR FOR REPAIR, ALTERATIONS, AND CPI

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

MAXIMUM ORDER VALUE: $1,000,000

0003 EA

BASE YEAR

MATERIAL FOR SPARES, ALTERATIONS, AND REPAIR

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

0004 EA

BASE YEAR

TRAVEL

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

MAXIMUM ORDER VALUE: $500,000

1001 Monthly

OPTION I

MPF SYSTEM MAINTENANCE, REPORTING, AND PAINTING

FFP

OFFERS SHALL PROVIDE A MONTHLY PRICE

MAXIMUM ORDER VALUE: $2,500,000

Perform preventive maintenance, reporting, and painting/preservation for Improved Navy Lighterage System (INLS), Amphibious Bulk Liquid Transfer System (ABLTS), Landing Craft, Mechanized (LCM-8), and Marine Prepositioned Force Utility Boat (MPF UB) onboard the Maritime Prepositioned Force (MPF) ships in

1002 EA

OPTION I

LABOR FOR REPAIR, ALTERATIONS, AND CPI

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

1003 EA

OPTION I

MATERIAL FOR SPARES, ALTERATIONS, AND REPAIR

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

1004 EA

OPTION I

TRAVEL

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

2001 Monthly

OPTION II

MPF SYSTEM MAINTENANCE, REPORTING, AND PAINTING

FFP

OFFERS SHALL PROVIDE A MONTHLY PRICE

MAXIMUM ORDER VALUE: $2,500,000

Perform preventive maintenance, reporting and painting/preservation for Improved Navy Lighterage System (INLS), Amphibious Bulk Liquid Transfer System (ABLTS), Landing Craft, Mechanized (LCM-8), and Marine Prepositioned Force Utility Boat (MPF UB) onboard the Maritime Prepositioned Force (MPF) ships in

2002 EA

OPTION II

LABOR FOR REPAIR, ALTERATIONS, AND CPI

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

2003 EA

OPTION II

MATERIAL FOR SPARES, ALTERATIONS, AND REPAIR

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

2004 EA $25,000

OPTION II

TRAVEL

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

3001 Monthly

OPTION III

MPF SYSTEM MAINTENANCE, REPORTING, AND PAINTING

FFP

OFFERS SHALL PROVIDE A MONTHLY PRICE

MAXIMUM ORDER VALUE: $2,500,000

Perform preventive maintenance, reporting, and painting/preservation for Improved Navy Lighterage System (INLS), Amphibious Bulk Liquid Transfer System (ABLTS), Landing Craft, Mechanized (LCM-8), and Marine Prepositioned Force Utility Boat (MPF UB) onboard the Maritime Prepositioned Force (MPF) ships in

3002 EA

OPTION III

LABOR FOR REPAIR, ALTERATIONS, AND CPI

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

3003 EA

OPTION III

MATERIAL FOR SPARES, ALTERATIONS, AND REPAIR

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

3004 EA

OPTION III

TRAVEL

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

4001 Monthly

OPTION IV

MPF SYSTEM MAINTENANCE, REPORTING, AND PAINTING

FFP

OFFERS SHALL PROVIDE A MONTHLY PRICE

MAXIMUM ORDER VALUE: $2,500,000

Perform preventive maintenance, reporting, and painting/preservation for Improved Navy Lighterage System (INLS), Amphibious Bulk Liquid Transfer System (ABLTS), Landing Craft, Mechanized (LCM-8), and Marine Prepositioned Force Utility Boat (MPF UB) onboard the Maritime Prepositioned Force (MPF) ships in

4002 EA

OPTION IV

LABOR FOR REPAIR, ALTERATIONS, AND CPI

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

4003 EA

OPTION IV

MATERIAL FOR SPARES, ALTERATIONS, AND REPAIR

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

REPRESENTS THE MAXIMUM VALUE ANTICIPATED.

4004 EA

OPTION IV

TRAVEL

FFP

OFFERS SHALL NOT PROVIDE A PRICE. THIS VALUE

SECTION F – DELIVERIES OR PERFORMANCE

The table of service months is changed as follows:

ESTIMATED MONTHS OF MAINTENANCE SERVICE FOR BASE AND OPTIONS

*MPS Two (Diego Garcia) Base I II III IV -USNS Button 12 12 10 12 12 -USNS Lopez 9 12 12 12 9 -USNS Stockham 12 12 11 11 12 -USNS Seay 11 10 12 12 12 -USNS Sisler 12 9 12 12 12

*MPS Three (Guam/Saipan):

-USNS Lummus 12 12 10 12 12 -USNS Williams 9 12 12 12 8 -USNS Bobo 12 12 12 10 12 -USNS Dahl 12 8 12 12 12 -USNS Pililaau 12 12 8 12 12

SECTION I – CONTRACT CLAUSES

The following clauses are incorporated into Section I.

CLAUSES INCORPORATED BY REFERENCE

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

52.203-3 Gratuities. (Apr 1984)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (Sept 2007)

52.203-13 Contractor Code of Business Ethics and Conduct. (Apr 2010)

52.203-14 Display of Hotline Poster(s). (Dec 2007)

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009. (June 2010)

52.203-16 Preventing Personal Conflicts of Interest. (Dec 2011)

52.204-5 Women-Owned Business (Other Than Small Business). (May 1999)

52.204-6 Data Universal Numbering System Number. (Jul 2013)

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

52.204-12 Data Universal Numbering System Number Maintenance. (Dec 2012)

52.204-13 System for Award Management Maintenance. (Jul 2013)

52.208-8 Required Sources for Helium and Helium Usage Data. (Apr 2002)

52.208-9 Contractor Use of Mandatory Sources of Supply or Services. (Oct 2008)

52.209-5 Certification Regarding Responsibility Matters. (Apr 2010)

52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation (Jul 2005)

52.223-4 Recovered Material Certification. (May 2008)

52.223-12 Refrigeration Equipment and Air Conditioners. (May 1995)

52.223-19 Compliance with Environmental Management Systems. (May 2011)

52.225-1 Buy American Act—Supplies. (Feb 2009)

52.232-14 Notice of Availability of Progress Payments Exclusively for Small Business Concerns. (Apr 1984)

52.237-3 Continuity of Services. (Jan 1991)

52.242-15 Stop-Work Order. (Aug 1989)

52.242-17 Government Delay of Work. (Apr 1984)

52.246-1 Contractor Inspection Requirements. (Apr 1984)

52.246-2 Inspection of Supplies—Fixed-Price. (Aug 1996)

52.246-4 Inspection of Services—Fixed-Price. (Aug 1996)

52.246-16 Responsibility for Supplies. (Apr 1984)

52.246-17 Warranty of Supplies of a Noncomplex Nature. (June 2003)

52.246-18 Warranty of Supplies of a Complex Nature. (May 2001)

52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria. (May 2001)

52.246-20 Warranty of Services. (May 2001)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (Apr 1984)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (Apr 2012)

52.249-4 Termination for Convenience of the Government (Services) (Short Form). (Apr 1984)

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

52.251-1 Government Supply Sources. (Apr 2012)

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 Approval of Contract. (Dec 1989) This contract is subject to the written approval of Michael Fanizzo Jr. and shall not be binding until so approved.

52.216-18 Ordering. (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 October 2013 through 30 September 2018.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations. (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $5,000,000;

(2) Any order for a combination of items in excess of $5,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.217-5 Evaluation of Options. (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the

Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-6 Option for Increased Quantity. (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The

Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

52.217-7 Option for Increased Quantity—Separately Priced Line Item. (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of performance expiration. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.219-1 Small Business Program Representations. (Apr 2012) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 488390.

(2) The small business size standard is $35.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations.

(1) The offeror represents as part of its offer that it o is, o is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that—

(i) It o is, o 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 o is, o not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(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.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that—

(i) It o is, o is not an EDWOSB 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 o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(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.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It o is, o 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 o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(8)(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.

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

“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 the size standard in paragraph (a) of this provision.

“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 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.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Jan 2011)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror’s base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(4) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

o Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction.

(i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor’s employees or on a combination of the prime contractor’s employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors.

(i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor’s employees or on a combination of the prime contractor’s employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

52.252-2 Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/current/html/52_248_253.html 5252.216-9302 Indefinite Quantity. (Jun 1994)

This is an indefinite-quantity contract for the services specified, and effective for the period stated previously.

Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the services specified in the Schedule up to an including the "maximum" fee total designated previously.

There is no limit on the number of orders that may be issued subject only to the maximum annual value of the contract.

Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period. (End of clause)

5252.216-9306 Procedures For Issuing Orders. (Nov 2009)

(a) Services to be furnished under this contract shall be furnished at such times as ordered by the issuance of task orders by the Ordering Officer designated 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 order. A task order will be considered "issued" for the purpose of this contract at the time the Government deposits the order in the mail or, if transmitted by other means, when physically delivered to the Contractor.

(b) Except in emergency situations, only a Contracting Officer may modify task/delivery orders. An Ordering Officer, when authorized by the designation official (Contracting Officer), may issue modifications to task/delivery orders only during an emergency. Modifications to task/delivery orders will be issued on a Standard Form (SF 30).

Task orders may be modified orally by the Ordering Officer in emergency circumstances. Oral modifications will be confirmed in writing by issuance of a SF 30 within two (2) working days from the time the oral direction is issued.

(End of clause)

Section J - List of Documents, Exhibits and Other Attachments

Section J is changed to include the following wage determination:

Wage Determination: 2005-2147 Revision: 15 Date of Revision: 06/19/2013 (available at http://www.wdol.gov/wdol/scafiles/std/05-2147.txt)

Section L - Instructions, Conditions and Notices to Bidders

3. Miscellaneous Package Requirements

Offerors must provide copies of recent financial statements and evidence of adequate financial resources, or the ability to acquire the resources, as necessary to execute this contract.