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SEE ADDENDUM
(No Collect Calls)
N4008020R0026 22-May-2020
b. TELEPHONE NUMBER
(202) 767-1250
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 23 Jun 2020
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N400809. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
HYESUK KONECNE
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ACQ5786739
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
PUBLIC WORKS DEPARTMENT
JBAB
370 BROOKLEY AVENUE
WASHINGTON DC 20032-0001
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: 202-404-7003 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$8,000,000
NAICS:
562998
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF44
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
Section SF 1449 - CONTINUATION SHEET
DESCRIPTION & SPECS
Statement of Work Work Order #: 1660472
Storm Water BMP Maintenance Repairs
Joint Base Anacostia-Bolling (JBAB) Washington, D.C., 20032
BMP ID#: JBAB047, JBAB053, JBAB054, JBAB004, JBAB032, JBAB034, JBA000113,
JBA000114, JBAB134, JBAB232
Buildings: 54, 3619, 3620, B91, B92, 6126, 4472, 4514, & 352
Date Submitted: 03/03/20
Prepared by: Obaidullah Rafiqzad
Reviewed by:
1. Project Description and Requirements Joint Base Anacostia-Bolling (JBAB) Storm Water Best Management Practices (BMPs) require reparation and restoration to effectively treat storm water as was originally designed in order to meet the regulations of the Clean Water Act.
The purpose of this project is to restore and maintain Stormwater Best Management Practices at JBAB which include StormFilter chambers and settling chambers at BMP ID # JBAB047 (Bldg.
54), JBAB053 (Bldg. 3620), and JBAB054 (Bldg. 3610) (1 to 4 chambers per site) and Filterra Tree Box Structures at BMP ID # JBAB004 (Bldg B91), JBAB032 (Bldg B92), JBAB034 (Bldg 6126), JBA000113 (Bldg 4472), JBA000114 (Bldg 4514), JBAB134 (Bldg 6126), and JBAB232 (Bldg 352). The contractor is subject to, but not limited to the following project requirements:
1.1. The Contractor shall remove sediment, debris and trash from all BMPs. Note applicable DCMR for BMP maintenance to include:
528.10: Used soil media removed from a BMP receiving drainage from an area intended for use or storage of motor vehicles shall not be re-used for planting or as fill material and shall be disposed of in a landfill or at a transfer station for transport to a landfill.
528.11: Non-vegetative waste material from cleaning, maintaining, repairing, and replacing a BMP shall be disposed of in a landfill, trash transfer station, or other facility for processing these materials in accordance with District or Federal law.
StormFilter Chambers:
1.2. All StormFilter cartridges shall be removed in accordance to Method 2 as stated in the
“Contech StormFilter Inspection and Maintenance Procedures”.
1.3. The Contractor shall remove and collect sediments from all cartridge chambers and settling chambers using a vacuum truck.
1.4. The Contractor shall pressure wash the remaining debris and sediment from interior of all cartridge chambers and settling chambers and recover the wash water using an appropriate vacuum truck.
1.5. Old cartridges shall be replaced with new Contech StormFilter cartridges and carefully installed in the corresponding location. The contractor should assume up to 20 cartridges per BMP.
1.6. The contractor is subject to coordinating with the JBAB PWD Project Manager and Contech Engineering Solutions to procure the required replacement StormFilter products, at least two (2) weeks prior to beginning construction. A forklift may be required if receiving freight.
1.7. Accumulated material shall be disposed of in accordance with all applicable waste disposal regulations.
1.8. Used cartridges shall be emptied, as instructed in Method 2 of “Contech StormFilter Inspection and Maintenance Procedures” and returned to Contech Engineered Solutions within thirty (30) days of receiving the new StormFilter products.
1.9. The entry ladder for the cartridge chamber JBAB047 (Bldg. 54) has become detached from the chamber wall and shall be reattached to its original place.
Filterra:
1.10. All existing trees, with the exception of the tree at BMP ID JBAB134 (Bldg. 6126) and
BMP ID JBAB232 (Bldg 352), shall be transplanted from its current location, moved to, and planted at, a different location within JBAB. Each tree shall then be replaced with a new tree.
1.11. The Filterra tree box BMP JBA000114 (Bldg. 4514) does not have an existing tree.
The contractor shall remove the existing tree stump and replace it with a new tree.
1.12. All new trees planted during the course of this project shall be one of the following:
Amelanchier laevis “Allegheny”, Magnolia virginiana, or Cercis canadensis. Each new plant is to be a container plant from nursery stock and immature. Ball and burlapped plants are not permitted. All plant material shall be labeled by the nursery and delivered with labels in place. The contractor shall follow the Filterra Owner’s Manual (found in the appendix) for “Planting Requirements for Filterra Systems.”
Trees shall be watered well on the day they are planted.
1.13. This scope is for a full media replacement. Filterra engineers have informed JBAB to assume that the interior dimensions are 1’ smaller than the exterior dimensions to account for the thickness of the concrete walls (6” for each side). The ponding depth for a standard Filterra is 6”. During maintenance of Filterra Tree Box BMPs included in this scope, the contractor shall remove the metal tree grate covers and restore the Filterra by removing erosion control stones and mulch, excavating the soil media, and replacing it with new soil media.
1.14. The Replacement Soil Media shall be Contech’s Proprietary Blend. Excavated soil media shall be removed from site and properly disposed of.
1.15. Mulch shall be replaced with new mulch in accordance to attached mulch specifications and the erosion control stones may be reused on the surface of the mulch. If erosion control stones are missing, the contractor is to include new stones.
2. Contractor Qualifications A qualified contractor will have submitted the “SWMF Maintenance Service Contractor Questionnaire” for DOEE review and will have been approved for the Gray Infrastructure BMP Maintenance providers list by the DOEE prior to contract award. The questionnaire can be found at the following link on the DOEE website: https://doee.dc.gov/service/bmp-maintenance-faq.
Table 1. BMP Identification and Dimensions
BMP ID
Bldg No.
BMP Type Service Exterior
Dimensions Assumed
Depth Mulch Depth
JBAB004 B92 Filterra Restore Filter & Transplant Existing
Tree 5'x7' 21"
3”
JBAB032 B92 Filterra
Tree 7'x5' 21"
JBAB034 6126 Filterra
Tree 7'x7' 21"
JBAB047 54 StormFilter Replace Cartridges and wash Filter chamber 18'x8' ----
NA
JBAB053 3620 StormFilter
JBAB054 3619 StormFilter
JBA000113 4472 Filterra
Restore Filter, Transplant Existing Tree and Prune Transplanted Tree after it is Planted 7'x11'
21"
JBA000114 4514 Filterra Restore Filter & Remove Dead Tree
9'x5' 21"
JBAB134 6126 Filterra Restore Filter & Remove Dead Tree 7'x7' 21"
JBAB232 352 Filterra Restore Filter & Remove Tree (Do
Not Transplant) 7'x11' 21"
3. Scope The Contractor shall provide all materials, labor, equipment, supervision, mobilization, etc.
necessary to complete this project. All work to be completed during the course of this project shall be preapproved by Government.
The Contractors’ responsibilities and obligations shall include but not be limited to the following work statements and all work shall conform to state and local laws as well as manufacturer’s recommendations.
3.1. The Contractor(s) shall attend a pre-construction meeting at JBAB within two (2) weeks of the contract award to introduce key project personnel and to communicate the project terms and regulations. Contractor shall provide meeting minutes following pre-construction meeting.
3.2. The Contractor(s) shall provide a broken-out cost proposal to reflect all labor, equipment, material and transportation costs needed to accomplish all of the Government’s requirements as stated in this Scope of Work (SOW).
3.3. The contractor shall submit a work schedule (GANTT Chart) indicating the time frame of each task to be accomplished during the course of this project (as stated in Section
1) within the performance period annotated in this SOW or performance period stated within the contract documents. The contractor shall provide a copy of the work schedule to the designated Contracting Officer Representative (COR) two weeks prior to start date.
3.4. The contractor shall ensure a DOEE representative is present while maintenance is performed per DC DOEE regulations. It is the responsibility of the contractor to schedule DOEE visits. The Department shall determine whether work, construction, and maintenance complies with each approved plan, including conducting a final construction inspection and ongoing maintenance inspections for each BMP.
3.5. The contractor shall consult with a DCHPO representative prior to work done in any Historic District.
3.6. The contractor shall schedule a final inspection with the COR at least 7 days prior to the completion of project(s). If there are any discrepancies between the work accomplished and the requirements requested in the SOW, the contractor will be asked to re-perform until requirements are met, per contract documents.
3.7. Period of performance: Contractor shall complete all tasks delineated within this Statement of Work (SOW) in a period not to exceed 100 days.
4. Documentation of Work The contractor shall compile documentation of maintenance of each practice, organized by BMP ID. Documentation shall include all manifests, before/during/after photos of maintenance, and any other pertinent information that a DOEE regulator would require in order for JBAB to show compliance with the regulatory requirement for maintenance. Each page and manifest is to clearly identify which BMP ID it applies to. Two different BMPs shall not appear on the same page.
The contractor shall prepare and submit an electronic draft no later than 30 days after the completion of field work. Little to no Government comment is expected. The final shall be submitted within 2 weeks of Government comment, if any. The final version shall be provided electronically in PDF and editable formats.
5. Work Zone Operations
5.1. Any road closures during the course of this project shall be coordinated with the Asset
Management POC. The contractor shall provide 10 business days’ notice prior to any road closures.
5.2. The contractor laydown area shall be coordinated with the Asset Management POC.
The contractor shall provide 10 business days’ notice prior to using laydown area.
6. Government Furnished Property and Services U.S. Government shall facilitate for the contractor’s vehicles, personnel, and equipment to enter Base. The contractor shall sign a receipt for all Government Furnished Property (GFP) and will be held responsible for the care of all (GFP) until completion of the project or final inspection at the site. The contractor will be held responsible for all costs for any damage to GFP, and shall repair damaged GFP to its original condition before leaving the site after project completion.
7. Security and Identification The contractor shall provide the Contracting Officer with a complete list of Contractor and Subcontractor personnel who will be working on site no later than (1) week prior to the starting date of the project. The list shall include the name, address; date and place of birth, and social security number of these individuals and shall be on the contractors’ letterhead. The Contracting Officer will provide this list to the Security Officer who will issue identification badges to all designated Contractor and subcontractor personnel. All Contractor and Subcontractor personnel shall be required to possess and wear Security Identification badges at all times when in the facility. In addition, Contractor and subcontractor personnel shall display valid picture identification, such as a current state driver’s license in order to gain entry onto the Installation.
8. Working Hours
8.1. All work shall take place between the hours of 0700 and 1630, Monday through Friday, except holidays. Any work out of normal working hours shall be accomplished in a manner and at such times that will cause the least practicable disturbance to the installation and the normal activities of the installation, facility, and work area.
8.2. Access to the Work Site after Normal Work Hours
8.2.1. The Contractor shall not enter the work area after normal working hours. In the event of unusual circumstances that may require access to the work site after normal hours, the Contractor shall notify the Contracting Officer, who must make appropriate arrangements for access.
8.2.2. The contractor is required to submit an escort request no later than one (1) week prior to any after-hours work.
9. Safety Requirements
9.1. The Contractor shall ensure employees are supplied with and properly utilize safety equipment (i.e. fall protection, gloves, safety boots, safety glasses, hard hats, hearing protection, all PPE). The Contractor shall follow safe work procedures and ensure personnel in the vicinity of the job site are properly protected from harm.
9.2. The Contractor shall establish a safe work zone and establish a safety program to prevent worker injuries. Proper signage shall be utilized to warn personnel of construction hazards. The Contractor will follow the US Army Corps of Engineers manual EM 385-1-1.
9.3. Contractor will provide all signage, caution tape, etc. required for proper control in and around the Project Site. Access points to the facility are available with the stipulation that the areas will also be in use by the users. The access area will be kept safe, clean, and free from the Project materials and debris.
9.4. The Contractor is required to submit a Health and Safety Plan (HASP) to cover all activities, including confined space work, to be completed at JBAB during the Period of Performance. A HASP draft document shall be submitted to the Government for review. The Contractor shall provide a written response to Government comments and incorporate these responses in the final version of the HASP. The final version shall be submitted prior to beginning work.
9.5. Contractors entering and working in confined spaces while performing work are required to follow the requirements of OSHA 29 CFR 1915 Subpart B.
10. Environmental Requirements
10.1. Disposal of Rubbish, Construction Debris, and Garbage
10.1.1. Solid Waste is any rubbish, debris, garbage, or any other discarded solid material
(except hazardous waste) as defined by Code of Federal Regulations 40 CFR 261.
All solid waste shall be removed from government property and disposed of at a regulated landfill or a company engaged in the recycling of the specific material.
Contractors are encouraged to recycle solid waste.
10.1.2. The Contractor shall comply with Federal, State, and Local fire, safety, and environmental regulations which include but are not limited, Occupational Safety and Health Administration standards and Environmental Protection Agency regulations.
10.2. Contaminated Groundwater and Soil
10.2.1. Project site locations (BMPs) located at Bldgs. 54, 6126, 91, and 92 are locations of prior or active ERP sites and may contain contaminated soil or groundwater. In the event that the contractor encounters contamination, the contractor shall contact PWD Environmental for further instruction on sampling and disposal.
10.3. Hazardous Waste and Materials
10.3.1. If any Hazmat is used, the contractor shall have all applicable SDS's and properly handle and store all Hazmat. No Hazmat shall be left on site upon completing work.
10.3.2. In the event that Hazardous Waste is generated, the contractor is responsible to handle, store, transport, and dispose of all Hazardous Waste. The contractor shall consult with NAVFAC JBAB personnel when handling Hazardous waste.
10.4. Any tree that is damaged or removed needs to be replaced. Additionally, it is the contractor's responsibility to ensure at least 1 year of tree survivability post-BMP improvement.
10.5. The contractor shall ensure fugitive dust emissions are limited by using reasonable precautions identified in Section 605 of Chapter 6 DCMR.
10.6. The contractor shall limit VOC emissions when using adhesives, primers, & sealants by using low VOC content adhesives, primers & sealants identified in Sections 744 & 774 of Chapter 7 DCMR.
11. Erosion and Sediment Control
11.1. For any project involving the disturbance of land equal to or in excess of 50 ft2, the contractor shall submit an erosion and sediment control (ESC) plan to the Department of Energy and Environment (DOEE) and obtain approval prior to beginning construction. The contractor shall schedule all required inspections by DOEE inspectors. The contractor is subject to, but not limited to the following guidelines:
11.1.1. Contractors shall reference DC’s Erosion and Sediment Control Manual for preparation of the ESC plan.
11.1.2. The ESC plan will be submitted utilizing the DC Stormwater Database.
11.1.3. ESC practices will be properly maintained during the duration of the project until final stabilization has been achieved. Note: If construction has concluded work but final stabilization has not been achieved, it is still the contractor’s responsibility to maintain ESC measures until final stabilization is achieved.
11.1.4. Contractors are subject to DC’s ESC regulatory requirements.
11.1.5. In the event that an ESC plan must be changed during construction, the contractor is required to submit a revised ESC plan to the DOEE for approval.
12. Stormwater Management Plan
12.1. For any project that is a major land-disturbing activity or a major substantial improvement activity per the DC regulatory definition, the contractor shall prepare and submit a Storm Water Management Plan (SWMP) prior to beginning construction. The contractor is subject to, but not limited to the following guidelines:
12.1.1. Contractors shall reference DC’s Stormwater Management Guidebook and associated DC regulations for preparation of the SWMP plan.
12.1.2. The SWMP plan will be submitted utilizing the DC Stormwater Database.
12.1.3. The contractor shall schedule all required inspections by DOEE inspectors.
12.1.4. A “Responsible Person” (i.e. licensed civil or geotechnical engineer, architect, land surveyor, or one who is certified through a District-approved training program) shall be present, on-site to address erosion and sediment control problems that arise during construction, at least once biweekly and after every storm event.
13. Warranty Requirements
13.1. The contractor shall issue a one (1) year warranty on all work performed to include one (1) year routine maintenance of all products which were installed in accordance to Filterra Owner’s Manual” and “Contech StormFilter Inspection and Maintenance Procedures” (Method 1). A three (3) year warranty shall be issued on all materials that have been outlined/annotated within this SOW.
13.2. The contractor shall provide the government (i.e., COR, RST-Engineer or KO) with all warranty information on the day of the final inspection and shall not receive final payment until all warranty information is provided.
13.3. All work shall be performed and completed in a thorough, professional manner and in accordance with the latest proven practices of the trade by thoroughly skilled and experienced workmen.
14. Government Representatives
14.1. The work will be done under the general direction of a United States Navy representative, or another representative of the Government, designated, as appropriate, in either block 4 of Standard Form 252, block 24 of Standard Form 33, or block 6 or 7 of DD 1155. Except in connection with the Disputes Clause of this contract, this designated person has complete charge of and exercises full supervision over the work so far as it affects the interests of the Government.
14.1.1. For the purpose of the Dispute Clause, the “Contracting Officer” (KO) is the designated representative warranted for this purpose. Any claim submitted under the Disputes Clause shall be submitted to the Contracting Officer in care of the person designated, as appropriate, in either block 4 of Standard Form 252, block 24 of Standard Form 33, or block 6 or 7 of DD 1155 as the representative of the Contracting Officer.
14.1.2. The provisions of this paragraph or provisions elsewhere in this contract regarding supervision, approval, or direction by the Contracting Officer or the designated person shall not relieve the Contractor of the responsibility for accomplishing the work, with regard to sufficiency or time of performance, except as otherwise provided.
15. Submittals
15.1. The Contractor shall submit the following information to the Contracting Officer for approval prior to installation: Work Schedule, all design plans, warranties, materials and equipment.
--End Scope of Work—
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
SWMF Maintenance SVC
FFP
The purpose of this project is to restore and maintain Stormwater Best Management Practices at JBAB which include StormFilter chambers and settling chambers according to PWS FOB: Destination
PURCHASE REQUEST NUMBER: ACQ5786739
PSC CD: F999
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.216-24 Limitation Of Government Liability APR 1984 52.222-3 Convict Labor JUN 2003 52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-44 Fair Labor Standards And Service Contract Labor Standards-
Price Adjustment
MAY 2014
52.222-50 Combating Trafficking in Persons JAN 2019 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.232-33 Payment by Electronic Funds Transfer--System for Award Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-14 Suspension of Work APR 1984 52.244-6 Subcontracts for Commercial Items JAN 2019 52.249-7 Termination (Fixed-Price Architect-Engineer) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7007 Alternate A, Annual Representations and Certifications DEC 2018 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006
CLAUSES INCORPORATED BY FULL TEXT
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of Provision)
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562998.
(2) The small business size standard is $8,000,000.
(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)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.
FAR Clause Title Date Change
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 on SAM.
(End of provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $200.00 per calendar day of delay [Contracting Officer insert amount].
(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.
(End of clause)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (MAR 2020)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or…
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