N40083-13-Q-3129.pdf
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- N4008313Q3129
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Request for Quotes (SF 18)
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NAVFAC MIDWEST PUBLIC WORKS DEPARTMENT
SHAWN J. WALES
PWD GREAT LAKES FEAD/2625 RAY ST, B.2016
GREAT LAKES IL 60088
TEL: 847-688-5395 FAX: 847-688-3689
ACQR3274608
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER) 1
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED RATING
DO-C2N40083-13-Q-3129 30-Aug-2013 5a. ISSUED BY
8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this
Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State, and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e) (f)
SEE SCHEDULE
AMOUNT
% No. %
NOTE: Additional provisions and representations [ ] are [ ] are not attached.
13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION
16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)
TELEPHONE NO.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)
PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)
THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE
6. DELIVER BY (Date)
SEE SCHEDULE
AND/OR DMS REG. 1
UNDER BDSA REG. 2
4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE
REQUEST NO.
NAVFAC MIDWEST PUBLIC WORKS DEPARTMENT
PWD GREAT LAKES FEAD/2625 RAY ST, B.2016
GREAT LAKES IL 60088
9. DESTINATION (Consignee and address, including ZIP Code)
7. DELIVERY
[ ]X FOB
DESTINATION
[ ] OTHER
(See Schedule)
17-Sep-2013(Date)
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.
847-688-5395SHAWN J. WALES
(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:
d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS
N40083-13-Q-3129
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Task
REPL CHAPEL CURTAINS AND HW
FFP
The Contractor shall remove and replace the existing curtains and hardware and replace with new as close as possible to the original fixtures. Work shall be performed IAW the Service Contract Act Wage determination 2005-2167 Rev 13 dated June 19, 2013, terms and conditions of the purchase order and the Statement of work enclosed.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR3274608
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Task
REPL CHAPEL CURTAINS AND HW
FFP
The Contractor shall remove and replace the existing curtains and hardware and replace with new as close as possible to the original fixtures. Work shall be performed IAW the Service Contract Act Wage determination 2005-2167 Rev 13 dated June 19, 2013, terms and conditions of the purchase order and the Statement of work enclosed.
PURCHASE REQUEST NUMBER: ACQR3274608
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
Replace Drapery, Tracks, & Hardware B-3 Chapel Great Lakes, IL, 60088
WO # 1329268
Statement of Work – Replacement of Drapery, Tracks, & Hardware B-3 Chapel
1. General Description:
Currently the Chapel drapery track operation is difficult and a couple have already failed. Temporary repairs have been made by PWDGL shop forces to ensure safety. The drapes themselves are also old and in need of replacement.
This contract shall provide all labor, material, equipment, transportation, supervision etc. to replace all drapery, tracks, & hardware within the Chapel of building 3 complete and ready for use.
2. Location:
The work shall be performed inside building 3 Chapel located on Mainside of Naval Station Great Lakes. Address:
320 Dewey Avenue, Great Lakes, IL 60088-2912
3. Time for Completion:
The work for Requirement 1 shall be completed and ready for use no later than 45 calendar days after the date of award.
4. Examination of the Premises:
Contractor shall reference FAR Part 52.236-3, Site Investigation, and Conditions Affecting the Work. Site visits by quoters are encouraged and can be arranged by contacting the Contracting Office.
5. Inspection and Approval:
All material and workmanship shall be subject to the inspection and approval of the Government, specifically the Government appointed Project Manager.
6. Minimum Insurance Requirements:
The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance coverage:
a. Comprehensive general liability: $500,000 per occurrence.
b. Automobile liability: $200,000 per person; $500,000 per occurrence for bodily injury; and $20,000 per occurrence for property damage.
c. Workmen's compensation: As required by Federal and State workers' compensation and occupational disease laws.
d. Employer's liability coverage: $100,000 except in States where workers' compensation may not be written by private carriers.
e. Others as required by State law.
Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective-
(1) For such period as the laws of the State in which this contract is to be performed prescribe; or
(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
7. Submittals:
The Contractor shall submit four (2) copies of the contract submittals required before and after award of the purchase order. All submittals shall be approved by the Government Representative prior to the start of work.
Contractor can submit submittals electronically via email if the type of submittal allows it. For example, floor tile samples obviously could not be sent electronically. All Material Safety Data Sheets shall be supplied to the Government Representative.
A. Required Pre-award submittals:
1. Brief narrative of two previous projects of similar size and scope
B. Required Post-award Submittals:
1. Administrative submittals
i. Insurance (see paragraph 6)
ii. Accident Prevention Plan (see safety specification)
iii. Safety Plan
iv. Inspection Schedule
2. Specifications of Drapery, Tracks, and Hardware to be installed.
8. Materials and General Requirements:
Replacement of Drapery, Tracks, & Hardware B-3 Chapel Scope of Work
Material
Fabric shall be equal to or of higher quality and thread count to the existing drapes, colors/patterns TBD by Government after contract is awarded
New drapes shall meet the Life safety requirements per NFPA 101 latest version for its intended use
New Drapery rods/tracks and hardware shall be heavy duty equal to or of higher quality to existing (12 each)
6 Pair of custom made lined draperies:
Size 1ea, 196x137 1ea, 181x137 4ea, 163x140 Color to be determined by customer after award
6 Pair of custom made blackout energy efficient draperies:
Size 1ea, 196x137 1ea, 181x137 4ea, 163x140 Color to be determined by customer after award
12 heavy duty drapery rods/tracks w/associated hardware
Installation
Provide all labor, material, equipment, transportation, supervision etc. to replace all drapery, tracks, & hardware
Provide field measurements to assure proper fabrication of all required materials The contractor shall make arrangements through the Government appointed Project Manager for the installation a minimum of 2 weeks in advance before installation
The contractor shall provide fabrication of the materials as listed above
Patterns and colors shall be selected by the Government after award of this contract
Complete removal and disposal of all existing drapery and associated hardware and drapery rods/tracks
Complete installation of all new hardware and rod/tracks
Complete installation/hanging of new selected drapery including pressing of drapes to assure professional installation and proper hang of drapery
Provide training and proper operation and care instructions of newly installed drapery, hardware, and rod/tracks
The awarded vendor shall be responsible for acquiring access to the base for all employees (security screening)
The contractor shall keep the work area neat and clean and shall leave the area when installation is complete as it was prior to commencement of work.
Warranty The selected vendor shall warranty all materials and workmanship, including the installation for a period of at least one (1) year from completion of installation and acceptance by Government.
9. Drawings and/or Sketches Accompanying Specifications: N/A
10. Cleanup:
Upon completion of work each day the Contractor shall remove all excess material and debris from the Government property, and leave the entire area in a neat and clean condition. Proper disposal of any materials and/or debris shall be the responsibility of the Contractor and all costs shall be incorporated in the contract price.
11. Environmental Protection:
A. Procurement of Recycled Content Materials:
Contractors shall procure all materials for projects on Government property in accordance with Executive Order 13101 of September 14, 1998 “Greening the Government through Waste Prevention, Recycling and Federal Acquisition”. A listing of recycled content materials available to be utilized can be found in the United States Environmental Protection Agency (U.S. EPA) Comprehensive Procurement Guidelines (CPG) listing: http://www.epa.gov/cpg/products.htm. Contractor shall provide documentation regarding compliance with this Order to the Contracting Officer’s representative.
B. Control and Disposal of Solid Wastes:
Pick up solid wastes and place in covered containers, which are regularly emptied. Recycling is mandatory aboard Naval Station Great Lakes, Illinois. This includes, but is not limited to, Construction & Demolition (C&D) debris, ferrous & non-ferrous metals (i.e. steel, copper, aluminum, etc.), paper, cardboard, and glass. The PWD FMFS Recycling Program will retain all property rights to recyclables generated and will be responsible for directing their disposal. All recycling efforts can be coordinated with the Contracting Officer or Construction Manager.
C. Identification, Control, and Disposal of Regulated Materials and Waste:
Control and disposal of all Regulated Waste (waste regulated by state, local, or federal law, Navy or other agency, regulation or other policy including, but not limited to, Federal or State hazardous wastes, TSCA waste, asbestos containing wastes lead paint wastes or other similarly regulated wastes) generated as a consequence of execution of this project shall be the responsibility of the Contractor and is to be included in the contract price. Contractor is responsible for all Regulated Materials (materials regulated under State, Local or Federal law, Navy or other agency regulation or policy, including, but not limited to Asbestos or Lead based paint) or Regulated Wastes as defined above, which are created in the course of the project, used in the project or brought on Government property by the Contractor. Contractor shall immediately notify the Contracting Officer or his/her designated representative in the event that any unforeseen Regulated Waste or Regulated Material is encountered in the course of the work described herein. Due care has been taken to identify any Regulated Materials or Regulated Wastes which should reasonably encountered in the course of the project, notwithstanding this, Contractor has primary responsibility for 1) identifying all Regulated Wastes or Regulated Materials encountered or generated in the course of the project and 2) complying with all applicable Policies, and State, Local or Federal regulations pertaining to these Regulated Wastes and/or Regulated Materials including, but not limited to, safety policies and regulations. Suspected hazardous building materials (Lead Based Paint and Asbestos Containing Building Materials) should be evaluated prior to disturbance. If present, applicable NSGL and regulatory requirements shall be applied. All costs associated with complying with these requirements shall be included in the contract price.
a. Regulated Waste as defined above, shall be generated, stored, and disposed of in compliance with
Navy Policy and all applicable Federal, State, Local regulations. The Contractor is responsible for familiarizing themselves with all these requirements. Navy policies can be located in the Hazardous or Solid Waste Management Plans for the subject facility. Copies of Navy policy are available online or by contacting the Navy’s PWD-ENV DIV Director at 847-688-6934 Ext. 11 or Ext. 14 for the subject facility.
b. Prior to any regulated waste being generated or stored, the Contractor shall contact the Navy’s
Designated Environmental Representative to request approval of the proposed location any waste accumulation area. The Contractor shall appoint a single point of contact along with a contact for all such areas and provide a contact number for that person. The contact must be accessible 24 hours a day and identified in the Site Specific Environmental Protection Plan.
c. All representations to third parties regarding the nature of Regulated Waste(s) generated in the course of the project and the Navy’s PWD-ENV DIV Director at 847-688-6934 Ext. 11 or Ext. 14 must approve shipping documents related to movement of any Regulated Wastes in advance. Where signature of the owner or operator is required, such signature shall be requested via the Navy’s PWD- ENV DIV Director. Arrangements to review documents shall be scheduled a minimum of 2 business days in advance of the shipment, during normal business hours Monday through Friday, except in emergencies. Waste pickups must be scheduled at a time acceptable to the Navy Project Representative and PWD-ENV DIV Director. The Contractor shall be responsible for completing and obtaining approval of the appropriate authorities for all documents necessary to comply with Navy Policy as well as State, Local and Federal regulations and/or requirements. Generators' copies of all shipping documents from disposal facilities, as well as Certificates of Disposal/Recycling shall be returned to the Navy’s PWD-ENV DIV Director within forty-five (45) days of shipment off Station.
The items requiring review and approval include, but are not limited to the following:
i. Prime Contractor:
-Laboratory Reports on Waste Streams
- Profile Sheets -Completed “Disposal Facility Environmental Audit” form from TSDF
ii. Transporter:
-Name, address, phone number, and Point of Contact.
-Copies of transporter permits and hauler I.D. number.
-Proof of Insurance
iii. Disposal Facility: (TSDF) -Name, address, phone number, and Point of Contact
D. Release or Spill of Regulated Substance or Violation of Law:
Spills and releases occurring on Navy property. All releases or spills of petroleum products (including cooking oil and animal grease/fat), hazardous substances, sewage, and regulated gases shall be immediately reported to the Naval Station Great Lakes Emergency Dispatch Center and PWD 24-hour Service Desk. The Navy’s designated representative is responsible for reporting all spills or releases occurring on Navy property to Federal, State and local agencies. Contact information follows:
NSGL Emergency Dispatch Center (847) 688-3333 or 911 (HAZMAT, Fire, Police, Ambulance) PWD 24-Hour Service Desk (847) 688-4820 PWD Environmental Division (847) 688-6934 x11 or x 12
Off-Site Spills or Releases. All spills or releases or spills involving government materials occurring off Navy property shall be reported immediately to the PWD Environmental Division, 24-Hour Service Desk and Navy’s Contracting Officer. Contractor is responsible for reporting all releases or spills to pertinent Federal, State, and local agencies.
Contractor is responsible for all costs, without limit, related to any release, spill or any violation of law associated with the Contractors execution of the project or caused by any action of the contractor. The Contractor, to the sole satisfaction of the Navy’s PWD-ENV DIV Director shall execute all actions necessary to address such release, spill, or violation of law. If, in the sole opinion of the Navy’s PWD –ENV DIV Director the Contractor fails to respond with immediate and effective action (within 1 hour of discovery), the Government may, at its discretion, take such actions as it deems necessary, to protect the environment, property or public safety. The Contractor is responsible for all costs, without limit, related to such actions, and shall reimburse the government for all costs incurred.
Notwithstanding terms of any agreement between the Contractor and Government, the Government reserves the right to unilaterally and without recourse by the Contractor, execute a deductive modification to the contract equal to the total or any fraction of, the expense to the Government for any actions necessary to address such release, spill, or violation of law.
E. Environmental Compliance Assessment Training and Tracking System
(ECATTS)
The QC Manager is responsible for environmental compliance on projects unless an Environmental Manager is named. The QC Manager (and alternative QC Manager) or Environmental Manager shall complete ECATTS training prior to starting respective portions of on-site work under this contract. If personnel changes occur for any of these positions after starting work, replacement personnel shall complete ECATTS training within 14 days of assignment to the project.
Submit an ECATTS certificate of completion for personnel who have completed the required "Environmental Compliance Assessment Training and Tracking System (ECATTS)" training. This training is web-based and can be accessed from any computer with Internet access using the following instructions.
Register for NAVFAC Environmental Compliance Training and Tracking System, by logging on to http://navfac.ecatts.com/. Obtain the password for registration from the Contracting Officer.
This training has been structured to allow contractor personnel to receive credit under this contract and also to carry forward credit to future contracts. Contractors shall ensure that the QC Manager (and alternate QC Manager) or Environmental Manager review their training plans for new modules or updated training requirements prior to beginning work. Some training modules are tailored for specific State regulatory requirements; therefore, Contractors working in multiple states will be requires to re-take modules tailored to the state where the contract work is being performed.
ECATTS is available for use by all contractor and subcontractor personnel associated with this project.
These other personnel are encouraged (but not required) to take the training and may do so at their discretion.
12. Working Hours:
The work shall be accomplished during normal working hours Monday through Friday, (7:30AM) to (4:00 PM) and no work shall be performed on weekends or Federal, State, and local Holidays unless special arrangements are made through the Government Representative. Building outages shall be performed after normal working hours or on weekends with arrangements made through the Government Representative.
13. Safety:
Contractor shall follow all Federal, State, County, and Local Safety Requirements as well as the Specifications Section 01 35 26 and EM 385-1-1. The most stringent guidelines shall be used.
A. Contractor shall follow all Safety Requirements that pertain to this project as stated in the Specification Section 01 35 26, Governmental Safety Requirements, which is included with the SAP.
B. Safety will be enforced as per the latest edition of US Army Corps of Engineers Safety and Health
Requirements Manual, EM 385-1-1. All applicable Sections of the Manual will be enforced.
C. Material Safety Data Sheets shall be provided to the contracting officer before work begins.
14. Pre-performance Conference:
Within 3 workdays of issuance of the purchase order, the Contractor shall contact the Government Representative to schedule a pre-performance conference.
A. “Partnering Agreement” INFORMAL PARTNERING
To most effectively accomplish this contract, the Government requires the formation of a cohesive partnership with the contractor and its subcontractors. The partnership will draw on the strength of each organization in an effort to achieve a quality project done right the first time, within budget, on schedule, and without any safety mishaps.
These partnering objectives are providing the basis for the contractor to make a reasonable profit. This level of partnering is an introduction to partnering concepts and benefits and should become a part of the pre-performance conference. The senior PWD and contractor persons present will jointly host the initial session. The partners will determine the frequency of the follow-on sessions. Partnering sessions should be held at or near the location of the PWD office.
15. Invoicing Procedures Electronic (FEB 2009):
Invoices rendered under this contract shall be submitted electronically through Wide Area Workflow (WAWF). In accordance with DFARS Clause 252.232-7003 titled "Electronic Submission of Payment Requests", this contract/order requires use of the DoD Wide Area Workflow (WAWF) system for the submission of invoices. The full text of the clause will be issued in the Solicitation and further instruction for WAWF will be presented at the Pre-performance conference.
A. Invoice date and number;
B. Name of the Contractor;
C. Contract number;
D. Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);
E. Name, title, phone number and mailing address of person to be notified in event of a defective invoice; and
F. Any other information or documentation required by other provisions of the contract (such as evidence of shipment), or agreed upon during the pre-performance conference.
Invoices not completed in accordance with the contract requirements will be returned to the Contractor for correction of the deficiencies. Upon verification of work actually performed, invoices will be processed for payment and will be based on the actual quantities of the work performed.
16. Contractor's Daily Reports:
Contractor shall submit daily reports directly to the Government Representative the day after the work has taken place. The report form can be obtained at the pre-performance conference.
17. Station Regulations:
Contractor shall abide by all station regulations, including all security requirements, drug and alcohol abuse policies, and sexual harassment policies.
18. Commencement of Work:
Contractor will only start construction upon Government authorization.
19. Navy Commercial Access Control System:
Commander, Navy Installations Command (CNIC), has established the Navy Commercial Access Control System (NCACS), (formally known as RAPIDGate) 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, background vetting, screening, issuance of credentials, and electronic validation of credentials 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. Questions regarding the RAPIDGate system use for the CNIC NCACS Program should be addressed to info@rapidgate.com with the subject line RE: RAPIDGate System. Enrollment and cost information may be obtained by contacting RAPID Gate at http://www.rapidgate.com/vendors/how-to-enroll, or calling 1-877-727-4342.
Section E - Inspection and Acceptance
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
CLAUSES INCORPORATED BY REFERENCE
52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 60 dys. ADC 1 NAVFAC MIDWEST PUBLIC WORKS
DEPARTMENT
SHAWN J. WALES
PWD GREAT LAKES FEAD/2625 RAY ST,
B.2016
GREAT LAKES IL 60088
847-688-5395
N40083
52.211-8 Time of Delivery JUN 1997
Section G - Contract Administration Data
52.246-1 Contractor Inspection Requirements APR 1984
Section I - Contract Clauses
52.215-5 Facsimile Proposals OCT 1997 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-26 Equal Opportunity MAR 2007 52.222-41 Service Contract Act Of 1965 NOV 2007 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.232-23 Assignment Of Claims JAN 1986 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.243-1 Changes--Fixed Price AUG 1987 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.251-1 Government Supply Sources APR 2012 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 52.252-2 Clauses Incorporated By Reference FEB 1998 52.252-3 Alterations in Solicitation APR 1984 52.252-4 Alterations in Contract APR 1984 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A MAY 2013 252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 2012
252.227-7000 Non-estoppel OCT 1966 252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL
ITEMS) (JULY 2013)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).
(iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(iv) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
(v) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (Apr 1984).
(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (July 2013).
(v) 52.233-1, Disputes (JUN 2008).
(vi) 52.244-6, Subcontracts for Commercial Items (July 2013).
(vii) 52.253-1, Computer Generated Forms (Jan 1991).
(viii) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more).
(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)
(iii) 52.222-20, Walsh-Healey Public Contracts Act (OCT 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).
(v) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vi) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).
(vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.).
(viii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(ix) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be--
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)
(x) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.)
(xi) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)
(xii) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013).
(Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)
(xiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)
(2) Listed below are additional clauses that may apply:
(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jul 2013) (Applies to contracts over $30,000).
(ii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies).
(iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)
(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) FAR 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://farsite.hill.af.mil/
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records.
The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(End of clause)
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications).
(b) Representations and other instructions.
(c) Contract clauses.
(d) Other documents, exhibits, and attachments.
(e) The specifications.
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
(a) Definition.
"Small business concern," as used in this clause, 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 size standards in this solicitation.
(b) Applicability. This clause applies only to--
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class Monetary Wage-Fringe Benefits
Not Applicable
52.237-1 SITE VISIT (APR 1984)
Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
(End of provision)
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP
2011)
(a) Definition. Covered DoD official, as used in this clause, means an individual that--
(1) Leaves or left DoD service on or after January 28, 2008; and
(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served--
(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;
(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code;
or
(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or
(ii) Serves or served in DoD in one of the following positions: Program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.
(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.
(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).
252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV
2011)
(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.
(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.
(End of provision)
252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED STATES CENTRAL
COMMAND THEATER OF OPERATIONS (DEVIATION2012-O0005)(JAN 2012)
(a) The Contractor is required to exercise due diligence to ensure that none of the funds received under this contract are provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation.
(b) The Head of the Contracting Activity (HCA) has the authority to—
(1) Terminate this contract for default, in whole or in part, if the HCA determines in writing that the Contractor failed to exercise due diligence as required by paragraph (a) of this clause; or
(2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this Contract have been provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation.
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUNE 2012)
(a) Definitions. As used in this clause–
(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.
(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.
(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–
(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);
(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or
(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.
(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.
5252.201-9300 CONTRACTING OFFICER AUTHORITY (JUN 1994)
In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government. (End of clause)
5252.209-9300 ORGANIZATIONAL CONFLICTS OF INTEREST (JUN 1994)
(a) The restrictions described herein shall apply to the Contractor and its affiliates, consultants and subcontracts under this contract. If the Contractor under this contract prepares or assists in preparing a statement of work, specifications and plans, the Contractor and its affiliates shall be ineligible to bid or participate, in any capacity, in any contractual effort which is based on such statement of work or specifications and plans as a prime contractor, subcontractor, consultant or in any similar capacity. The Contractor shall not incorporate its products or services in such statement of work or specification unless so directed in writing by the Contracting Officer, in which case the restriction shall not apply. This contract shall include this clause in its subcontractor's or consultants' agreements concerning the performance of this contract. (End of clause)
5252.223-9300 INSPECTION BY REGULATORY AGENCIES (JUN 1994)
Work performed under this contract is subject to inspection by State and Federal Government Regulatory agencies including those described below.
Permission has been granted by the Navy permitting Federal and State occupational health and safety officials to enter Navy shore installations, without delay and at reasonable times, to conduct routine safety and health investigations. Permission also extends to safety and health investigations based on reports of unsafe conditions.
Occupational Health and Safety Administration (OSHA) officials may also investigate accidents or illnesses involving the Contractor's employees. Inspections may also be carried out by the Department of Labor to inspect for compliance with labor laws.
The Contractor shall cooperate with regulatory agencies and shall provide personnel to accompany the agency inspection or review teams. Contractor personnel shall be knowledgeable concerning the work being inspected, and participate in responding to all requests for information, inspection or review findings by regulatory agencies.
5252.223-9301 WILDLIFE PRESERVATION (JUN 1994)
Naval Station Great Lakes is a designated area containing rare, threatened or endangered species. Before commencing work that may disturb wildlife, the Contractor shall obtain all necessary state, local and federal permits. Following is a list of applicable restrictions: (list as applicable) (End of clause)
5252.237-9300 SCHEDULE OF DEDUCTIONS (NOV 1998)
Within fifteen (15) days after the contract award, the successful Contractor shall provide an acceptable Schedule of Deductions for the base period and each option year of the contract. No work may commence until such Schedule of Deductions is approved by the Contracting Officer. The total of the Schedule of Deductions must equal the amount entered in Contract Line Item 0001. If for any reason this contract is modified, including the exercise of an option, and the modification affects the schedule of deductions, the contractor shall submit a revised schedule of deductions within fifteen (15) days of the date of the modification. Prices shown in the Schedule of Deductions will be utilized in conjunction with the "CONSEQUENCES OF THE CONTRACTOR'S FAILURE TO PERFORM REQUIRED SERVICE" clause in making deductions to the contract price for nonperformed or unsatisfactory work.
Unbalancing in the Schedule of Deductions submitted shall be the cause for withholding approval and requiring resubmittal of a balanced schedule. The Contractor's failure to provide an approved Schedule of Deductions shall be grounds for TERMINATION FOR DEFAULT. The Government reserves the right to unilaterally establish a Schedule of Deductions in the event the successful Contractor fails to present the Schedule of Deductions within fifteen (15) calendar days of the date of contract award or presents a Schedule of Deductions which…
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