N00406-13-T-0534.doc

Section SF 30 - BLOCK 14 CONTINUATION PAGE

NOTICE TO OFFERORS

1. QUESTIONS: All questions regarding this solicitation should be submitted in writing to the Contract Specialist, Mr. Bret Wood, at bret.wood@navy.mil .

2. SUBMITTALS: Please ensure that your offer includes all items identified in the paragraph entitled “Proposal Submittal Requirements”.

3. EVALUATIONS: Offers submitted as a result of this solicitation will be evaluated in accordance with paragraph entitled “Low Price Technically Acceptable Evaluation”.

4. SUBMISSION OF OFFERS: Offerors are to submit offers via electronic means to bret.wood@navy.mil no later than the date and time specified on the front of the solicitation.

5. SINGLE AWARD: The Navy plans to make a single award under this solicitation.

6. PERIOD OF PERFORMANCE: 01 October 2013 through 30 September 2014, plus four one-year options if the Government exercises the option.

7. BASE ACCESS: Navy Commercial Access Control System (NCACS):

Commander, Navy Installations Command (CNIC), has established the Navy Commercial Access Control System (NCACS), a standardized process for granting unescorted access privileges to vendors, contractors, suppliers, and service providers not otherwise entitled to the issuance of a Common Access Card (CAC) who seek access to and can provide justification to enter Navy installations and facilities. Visiting vendors may obtain daily passes directly from the individual Navy Installations by submitting identification credentials for verification and undergoing a criminal screening/background check. Alternatively, if the vendor so chooses, it may voluntarily elect to obtain long-term credentials through enrollment registration, backing vetting, screening, issuance of credentials at the vendor’s own cost through a designated independent contractor NCACS service provider. Credentials will be issued every five years and access privileges will be reviewed/renewed on an annual basis. The cost incurred to obtain Navy Installation access of any kind are not reimbursable, and the price(s) paid for obtaining long-term NCACS credentials will not be approved as a direct cost of this contract. Further information regarding NCACS can be found under “Popular Links” at http://cnic.navy.mil/CNIC_HQ_Site/index.htm.

8. WAGE DETERMINATION: The applicable wage determination for the resulting contract is as follows:

Wage Determination No.: 2005-2567

Revision No.: 17

Date Of Revision: 06/19/2013

WD 05-2560 (Rev.-17) was first posted on www.wdol.gov on 06/25/2013. To see a full copy of this wage determination please go to the aformentioned web address.

9. PERSONNEL: The proposals must identify the name, phone number and email address for the individual authorized to negotiate on your company’s behalf.

10. ATTACHMENTS: The attachments are as follows:

A. Wage Determination 2005-2567.

B. TRSA Standard for Producing Hygienically Clean Reusable Textiles.

C. HLAC Accreditation Standards for Processing Reusable Textiles for Use in Healthcare Facilities (2011 Ed.).

11. FUNDING:

Please note that funds are not presently available past 30 September 2013. Please see clause 52.232-18.

Section SF 1449 - CONTINUATION SHEET

UNDEFINED

LOT I - Bremerton Naval Hospital

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

FOB: Destination

PURCHASE REQUEST NUMBER: NRNW13R3065

NET AMT

0001AA

Flatwork

MAX

NET AMT

0001AB

Garments

MAX

0001AC

Miscellaneous Items

MAX

UNDEFINED

LOT II – Subase Bangor

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

0002AA

Flatwork

MAX

0002AB

Garments

MAX

UNDEFINED

LOT III – PSNS Branch Medical Clinic

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

0003AA

Flatwork

MAX

0003AB

Garments

MAX

UNDEFINED

LOT IV – PSNS Physical Therapy Clinic

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

0004AA

Flatwork

MAX

UNDEFINED

LOT V – Bangor Dental Clinic

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

0005AA

Flatwork

MAX

0005AB

Garments

MAX

UNDEFINED

LOT VI – Bremerton Dental Clinic

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

0006AA

Flatwork

MAX

0006AB

Garments

MAX

0006AC

Miscellaneous Items

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

1001AA

MAX

1001AB

MAX

1001AC

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

1002AA

MAX

1002AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

1003AA

MAX

1003AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

1004AA

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

1005AA

MAX

1005AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

1006AA

MAX

1006AB

MAX

1006AC

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

2001AA

MAX

2001AB

MAX

2001AC

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

2002AA

MAX

2002AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

2003AA

MAX

2003AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

2004AA

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

2005AA

MAX

2005AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

2006AA

MAX

2006AB

MAX

2006AC

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

3001AA

MAX

3001AB

MAX

3001AC

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

3002AA

MAX

3002AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

3003AA

MAX

3003AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

3004AA

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

3005AA

MAX

3005AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

3006AA

MAX

3006AB

MAX

3006AC

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

4001AA

MAX

4001AB

MAX

4001AC

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

4002AA

MAX

4002AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

4003AA

MAX

4003AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

4004AA

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

4005AA

MAX

4005AB

MAX

UNDEFINED

FFP

Refer to paragraph 17.0 of the specifications for a site based listing of items and historical data of estimated pounds.

NET AMT

4006AA

MAX

4006AB

MAX

4006AC

MAX

PERFORMANCE WORK STATEMENT

LAUNDRY SERVICES SPECIFICATIONS

1.0 GENERAL - All work under this contract shall be accomplished in accordance with standard commercial practices. All items are to be laundered or cleaned in accordance with what is known commercially as “Finished Work”. See paragraph 8.0 for the process. Laundering and cleaning shall be affected in accordance with the best commercial standards, utilizing materials and method that are not deleterious to the fabrics. No Dry Cleaning is required under this contract. See paragraph 17 for references US Naval Hospital Bremerton must be in compliance with.

2.0 PICKUP AND DELIVERY POINTS AND TIMES–The location for pickup and delivery time are set forth

Naval Hospital Bremerton Linen Department

Boone Road

CSR/Sub-level/Code 0742

Bremerton, WA 98312-1898

360-475-4299/4501/4133

(Within 24 Hours)

*Saturday pick-up delivered Monday

Branch Medical Clinic

N-91, Bldg. 2050

Naval Subase, Bangor

Silverdale, WA 98315

360-315-4372

Branch Medical Clinic

Bldg. 940

Puget Sound Naval Shipyard

Bremerton, WA 98314

360-476-8916 Each Tuesday

Each Thursday

-By 1100 AM the

Following Tuesday

Physical Therapy Clinic

Bldg. 502

Puget Sound Naval Shipyard

Bremerton, WA 98314

360-476-6872 Each Tuesday

Each Thursday

-By 1100 AM the

Following Tuesday

Branch Dental Clinic

Bldg. 2050

Naval Subase, Bangor

Silverdale, WA 98315

360-315-4316 Each Tuesday

Each Thursday

- By 1100 AM the

Following Tuesday

Branch Dental Clinic

Bldg. 506

Puget Sound Naval Shipyard

Bremerton, WA 98314

360-476-3218 x 274 Each Tuesday

Each Thursday

-By 1100 AM the

Following Tuesday

3.0 HANDLING – The contractor shall be responsible for all articles of laundry (Government-owned) in his possession. When the laundry is in possession of the Contractor, it shall be adequately stored and protected. Mixing of dirty and clean articles is prohibited. The laundry facility shall ensure solid physical separation between clean and contaminated linen at the laundry facility. A positive/negative air flow shall be established between these spaces. Laundry that has been segregated shall be returned in the same manner.

Billing should be made based on finished clean weight rather than soiled. Daily records will be maintained by the hospital. Average variance between clean and soiled weight should not exceed 8 percent.

4.0 VEHICLE / EQUIPMENT-

4.1 Vehicles used to transport laundry shall be clean, conform to commercial standards, and be equipped to protect against laundry contamination. Clean and contaminated (soiled) linen may be maintained in transport simultaneously, within the same vehicle, as long as it is contained in distinctly separate, covered containers . Vehicles shall be subject to examination at any time by the Surveillance Officer.

5.0 INVOICING – The Contractor shall invoice on a monthly basis by line item. Contractor shall provide a copy of delivery receipts with each invoice. The Contractor shall also attach tares to the monthly invoice and each delivery receipt.

6.0 LOST / DAMAGED LAUNDRY – Replacement or repair of any lost or damaged laundry shall be in accordance with the clause entitled “252.237-7015 Loss or Damage (Weight of Articles) (Dec 1991)”.

6.1 Unserviceable linen (not fit for use) shall be identified by the contractor prior to packaging and shipment to the customer. This shall be an integral part of the contractor’s Quality Control Plan (See Para. 11.0). Linen identified as unserviceable shall be packaged (bagged) separately from “finished work” identified as such and returned to the customer. Final determination as to the disposition of such linen shall be at the discretion of the customer.

7.0 BASKETS – The Government shall furnish roller baskets to transport Naval Hospital Bremerton (NHB) laundry to and from the contractor’s facility. All carts shall be cleaned and sanitized prior to being loaded with freshly laundered goods. Clean linen shall be protected with clean (new) plastic covers or bags prior to being loaded for delivery. Clinic locations have a significantly less amount of laundry than the NHB, so bags or contractor owned bins would be appropriate.

8.0 PROCESS - The Contractor shall process the laundry in accordance with industry standards as follows:

8.1 Perform any necessary pre-wash sorting.

8.2 All blood work shall be handled separately from other soiled linen. Wash formula must insure removal of bloodstains and contaminants. The use of chlorine based compounds shall be reserved for blood work and stain reclamation (Stain Wash). Non-chlorine based compounds shall be employed to remove stains on all other linen, as they are much less inclined to produce “premature fabric degradation” (tensile strength loss) and do not produce permanent stains when interacting with certain hospital anti-microbial agents, i.e. Hibiclens.

8.3 All laundry shall be washed in such a manner as to remove or destroy all pathogenic bacteria.

8.4 Wash, dry, and fold all items.

8.5 Iron all flat work (sheets, pillowcases).

8.6 Items determined by the Surveillance Officer to be re-laundered (e.g. excessive lint/ stains, etc.), will be accomplished at no charge, and shall not exceed 5%, during any monthly period. The Surveillance Officer will track all re-laundry services.

8.7 OR wraps and surgical field towels are required to be lint-free and should not be ironed. These articles shall be laundered separately from other hospital linen, without the use of fabric softeners, as these and all chemical residuals impede the sterilization process.

8.8 Clean laundry shall be sorted, weighed, and packaged (secured) by like color and kind (i.e. patient gowns with patient gowns, I.V. gowns with I.V. gowns, etc). Scrubs will be sorted by color and separated by size. Sample packaging requirements will be provided to the contractor if required, for employee training and to ensure that specifications are understood and met.

8.9 Laundry will be returned in sanitized baskets covered with clean (new) plastic covers or bags.

8.10 Any items found on or in laundry (nametag, pin, needles, syringes, etc), during the receipt, process or return of laundry by either the Contractor or Government will be reported to the Surveillance Officer.

8.11 Wool and synthetic articles are to be dried using low heat to prevent deleterious effects. Adequate “cool down” of synthetic textiles and (cotton poly) blends shall be achieved to prevent flash melting. Permanent Press articles shall be removed from dryers “slightly damp”. It is preferred that these articles be further processed using “Steam Tunnels” or some similar piece of equipment.

9.0 DELAYS – The Contractor shall notify the surveillance officer at the hospital when an equipment malfunction or other problem will cause delay in pick-up or delivery of laundry.

10.0 CONTAMINATED LINENS-

11.1 All soiled hospital linen is considered to be contaminated / infectious and will be handled accordingly. Contractor management must ensure that appropriate personal protective equipment / garb is worn by laundry personnel who handle soiled hospital linens. The Contractor must comply with all local, state, and federal regulations and/or laws pertaining to the transportation, and handling of linens contaminated with pathogenic microorganisms.

11.2 The Contractor must have facilities available whereby goods contaminated with pathogenic micro organisms/diseases can be received, and stored separately from clean linen.

11.3 The Contractor must remove or destroy all contaminates, pathogenic bacteria and other agents in the laundering process and prevent the reintroduction of such agents to the linens.

11.4 All soiled linen covered by this contract shall be considered contaminated and shall at all times be kept physically separated from clean linen during the processing and/or transit.

11.5 Soiled linen from patients with communicable diseases shall be placed in specially marked double-bags provided by the Contractor.

11.6 Soiled nursery linen shall be washed separately from other hospital linens. This linen must remain soft, with the souring process adequate to maintain optimal skin compatibility.

11.7 Laundry carts and bags must be handled, transported by the Contractor in such a manner as to alleviate the possibility of cross-contamination of clean linen by soiled line, i.e. sanitizing of carts, bags, and hampers after soiled linen transport.

11.8 Any physical barriers interposed between clean and soiled linen must be impervious to penetration by any and all disease agents.

11.9 Delivery Ticket. The Contractor shall provide a piece count of items processed with all clean laundry returned. Such record shall be typed or computer generated, with items listed on an 8 ½” x 11” sheet or form. Total weight figures (at Contractor’s place of business) for incoming (soiled) and outgoing (finished work) shall also be reflected on the delivery ticket. Piece count and weight information will be used by the government to verify invoices for payment and as an inventory management tool to identify linen replacement requirements.

11.0 WORK STANDARDS - All workmanship, including delivery, shall be of Best Management Practices (BMPs) of the healthcare laundry and dry cleaning industries.

11.1 Contractor shall be accredited by the Healthcare Laundry Accreditation Council (HLAC) and certified by the Textile Rental Service Association (TRSA), producing consistently “Hygienically Clean” results.

11.2 The Contractor must have a quality control manual, which ensures compliance with The Joint Commission (TJC), (HLAC), (TRSA), Washington Automated Code (WAC) and all applicable infectious disease requirements. The QC Manual shall also address Exposure Control Plan (ECP), inventory management, handling, re-laundry, and loss and damage of items.

11.3 The Contractor shall inform the Government of all cleaning agents used for hospital/clinic laundering and shall inform the Government immediately of any change in cleaning agents.

11.3a The chemical TCC (Trichlorcarbonide) shall not be used in hospital laundering because of potential harm to newborn infants.

11.3b A germicidal or Bacteriostatic textile agent shall be used in the final rinse as additional protection against bacterial growth.

11.4 In addition to TJC guidelines, all linen articles are to be washed and finished as specified in accordance with the following industry standards:

11.4.a Laundry will be free of contaminates and pathogenic bacteria (“Hygienically Clean”).

11.4.b Fabrics will be clean of all soils, spots, and stains.

11.4.c All work will be of a uniform high quality, entirely clean, dry, and free of excessive lint.

11.4.d.

Linen articles will be free of objectionable odors.

11.4.e Fabrics will be free of any trace of detergents or laundry processing products which might cause irritation to the skin or cause premature fabric degradation.

11.5 Naval Hospital regulations require inspection of laundry cleaning facilities. The Contractor agrees to allow quarterly plant inspections conducted at the discretion of the Surveillance Officer and/or Preventive Medicine Office, and Infection Control Nurse. The Contractor will take action to correct any discrepancies noted by these inspections. The inspection standards that will be utilized are referenced in paragraphs 11.0 and 16.0.

12.0 ENVIRONMENTAL- The contractor shall comply with all Federal, State, and local jurisdiction, regulatory and administrative code requirements involving Environmental Protection and Hazardous Waste Management.

13.0 CONTRACTOR FACILITY

14.1 The nature of the work required by the proposed contract will require close liaison. Therefore, the contractor’s facility in which the majority of the work under the contract is performed must be located within a two hour commuting distance from all the Government facilities. The facility must have adequate buildings or equipment sufficient for performance of the work required.

14.0 SURVEILLANCE OFFICER

15.1 The surveillance officers identified in the clause entitled “Surveillance of Firm-Fixed Services” will act as liaisons between government and contractor personnel. In addition, the surveillance officer will conduct quality assurance of services performed and acceptance of such services, provide technical advice, address security issues, submit applicable reports to the ACO, and alert the PCO/ACO of any potential problems.

16.0 MISCELLANEOUS

15.1 It is emphasized that only the contracting officer has the authority to modify the term of the contract, therefore, in no event will any understanding, agreement, modification, change order or other matters deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the government.

15.2 When/if in the opinion of the contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the Procuring Contracting Officer (PCO) in writing.

15.3 The contractor must take no action unless the PCO or Administrative Contracting Officer has issued a contractual change.

16.0 REFERENCES- The services provided by the contractor shall comply with the following regulations:

16.1 NAVMED P-5010, Manual of Naval Preventative Medicine, Chapter 2, “Sanitation of Living Spaces and Related Service Facilities”: specifically Section IV: “Laundry and Dry Cleaning”, dated Jan 1995. (http://www.vnh.org)

16.2 The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and applicable infectious disease requirements dated 01 Jan 1997. (http://www.jcaho.org)

16.3 Washington Administrative Code (WAC) 246-318-160. (http://www.mrsc.org/wac.htm)

16.4 Centers for Disease Control (CDC) Guidelines, where applicable. (http://www.cdc.gov)

16.5 Local, State, and Federal Regulations, where applicable.

17.0 HISTORICAL DATA FOR CONTRACT LINE ITEMS

LOT I – BREMERTON NAVAL HOSPITAL

FLATWORK

POUNDS

GARMENTS

Blanket, Patient

Baby Shirt

Cape, Mammography

Bath Robe

Curtain, Cubicle

Gown, Multi-Purpose, Patient

Mop

Jacket, Warm-up, Long Sleeve

Pad, Incontinent

Jacket, Technician’s

Pillow Case, O.R. (Green)

Lab Coat

Pillow Case, Standard (White)

Pajama Top

Sheet, O.R. (Green)

Pajama Bottom

Sheet, Standard (White)

Scrub Top

Sheet, Eye

Scrub Pant

Sheet, Fitted

Gown, Breast Feeding

Tablecloth

Aprons

Towel, Bath

Foodsvs Smocks

Towel, Hand

TOTAL POUNDS

51,000

Towel, Surgical Field (do not iron)

Towel, Multi-Purpose (Blue) (do not iron)

Wrap, Pocket Surgical Instrument (do not iron)

Wrap, Sterile, 24” (do not iron)

Wrap, Sterile, 36” (Do Not Iron)

Wrap, Sterile, 48” (Do Not Iron)

Wrap, Sterile, 54” (Do Not Iron)

215,000

MISCELLANEOUS ITEMS

Various articles

LOT II – SUBASE BANGOR

Blanket, Cotton

Gown, Cover

Blanket, Wool

Squad Suits

Eye Drapes

Technician Jackets

Mattress Cover

Pillowcase

Sheet, all sizes

Wrapper, Sterile 12 inch

Wrapper, Sterile 18 inch

Wrapper, Sterile 24 inch

Wrapper, Sterile 36 inch

Towels, Bath

Towels, Surgical

Wash Cloths

6,029

LOT III – PSNS BRANCH MEDICAL CLINIC

Bedspread

Coat, Dr.

Blanket, Cotton

Health Technician Jackets

Drapes

Gown, Patient

Eye Sheets

Hot and Cold Pack

Pad, Bed and Table

Pillowcase

Pocket Wrap

Sheet, any size

Wrappers, Sterile 18 inch

4,006

LOT IV – PSNS PHYSICAL THERAPY CLINIC

Pillow Case

Not applicable

Sheet, any size

Laundry Bag

LOT V – BANGOR DENTAL CLINIC

Wrap, Sterile, 36” (Do Not Iron)

Wrap, Sterile, 54” (Do Not Iron)

Gown, Surgical

Jacket, Technician’s

LOT VI– PSNS DENTAL CLINIC

Wrap, Sterile, 36”

Wrap, Sterile, 54”

Gown, Surgical

Wrap, Sterile, 24”

Hygiene Coat

MISCELLANEOUS ITEMS

Mop Head

Dust Mop

18.0 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) (IAW 10 USC 235 and 2330a)

“The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Naval Hospital Bremerton via a secure data collection site. 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 Governmental 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 Oct 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at: http://www/ecmra.mil

19. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Performance will be measured in accordance with the following table:

If performance is within acceptable levels, it will be considered to be satisfactory. If not, overall performance may be considered unsatisfactory.

CLAUSES

INCORPORATED BY REFERENCE

52.204-7

System for Award Management

(Jul 2013)

52.212-1

Instructions to Offerors -- Commercial Items

(Jul 2013) 52.212-4

Contract Terms and Conditions -- Commercial Items

(Jul 2013)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(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 $3,000 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. Sec. 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. Sec. 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. Sec. 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).

(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 nonresponsible.

(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)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(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 proceedings 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 Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

Offeror Representations and Certifications -- Commercial Items (Jul 2013) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

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

“Forced or indentured child labor” means all work or service—

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

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

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of…