Solicitation_and_Wages.pdf

N62473-19-Q-4405 PROPOSALS DUE: 5 November 2018

SYNOPSIS & SOLICITATION

TREE TRIMMING AND REMOVAL SERVICES

This is a Naval Facilities Engineering Command Southwest (NAVFAC SW) combined synopsis/solicitation for non-recurring tree trimming and removal services throughout the NAVFAC SW Area of Responsibility (AOR) located at various installations in California, Arizona, New Mexico, Colorado, Utah, and Nevada. This combined synopsis/solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Part 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items and FAR Part 13, Simplified Acquisition Procedures. FAR 13.5 - Simplified Procedures for Certain Commercial Items applies; this subpart authorizes the use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $7 Million.

This procurement is an 8(a) competitive set aside. Only proposals submitted by 8(a) Small Business Concerns will be accepted by the Government. Any proposal that is submitted by a contractor that is not an 8(a) Small Business Concern will not be considered for award. Competitive proposals are being requested under N62473-19-Q-4405. This is a new requirement. The intent is to procure under the primary North American Industry Classification System (NAICS) 561730 – Landscaping Services with a business size standard of $7.5 Million. The term of the contract will be for a base period of 12 months and three (3) 12-month option periods for a total duration of four (4) years/48 months. There will be no future synopsis in the event the options included in the contract are exercised.

Basis for award: The Government anticipates awarding an IDIQ performance-based contract of non-recurring work items to the Lowest Priced Technically Acceptable (LPTA) proposal.

Technical Requirement:

Service Capability to meet the non-recurring requirements tree trimming and removal services.

Proposals must include the following:

(1) The solicitation number, reference: N62473-19-Q-4405 Tree Trimming and Removal

Services on the subject line on all provided documents;

(2) The company name (on all documents), address, and telephone number of the submitting

Offeror;

(3) Price and any discount terms;

(4) “Remit to” address, if different than mailing address;

(5) 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);

(6) Acknowledgment of Solicitation Amendments, as applicable;

(7) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation;

(8) FAR Clause 52.212-3, Offeror Representations and Certifications; Offeror shall identify the type of Business including all applicable socio-economic categories (i.e. Small Business, Women owned etc.)

(9) Factor 1- Experience: Recent, Relevant Experience of Firm Project Data Sheet

(10) Factor 2- Safety – Safety & Narrative Data Sheet

(11) Factor 3- Past Performance: Past Performance Questionnaire Data Sheet or Contractor

Performance Assessment Reporting System (CPARS) Report

(12) Complete ELIN Pricing Schedule.

Proposals are due by 5 November 2018, at 10:00 AM, Pacific Standard Time. Proposals shall be e-mailed to Contract Specialist: PJ McDonald at patara.mcdonald@navy.mil. The primary point of contact for this solicitation is PJ McDonald at patara.mcdonald@navy.mil. The Contracting Officer for this solicitation is Eley DeCuba at eley.decuba@navy.mil.

Offerors are responsible for submitting proposals so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Any quotation received by the Government after the exact time specified for receipt of quotations is late and will not be considered unless it is received before issuance of the award and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

Offeror must comply with the detailed instructions for the format and content of the proposal; if the proposal does not comply with the detailed instructions for the format and content of the proposal, the proposal may be considered non-responsive and may render the Offeror ineligible for award.

All Offerors must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration includes registered Dun & Bradstreet (DUNS) and Commercial and Government Entity (CAGE) Code numbers.

Attachments:

A. NAVFAC SW Technical Annexes

a. Annex 0100000 – General Information

b. Annex 0200000:

i. Annex 0200000 – Management and Administration, Section C

ii. Annex 0200000 – Management and Administration, Section F

c. Annex 1503050 – Ground Maintenance and Landscaping B. Data Sheets

a. Factor 1- Experience: Recent, Relevant Experience of Firm Project Data Sheet

b. Factor 2- Safety: Safety Data & Narrative Sheet

c. Factor 3- Past Performance: Past Performance Questionnaire Data Sheet

C. ELINS Spreadsheet

THE SOLICITATION AND ASSOCIATED DOCUMENTATION WILL BE AVAILABLE IN

ELECTRONIC FORMAT ONLY. No hard copies will be provided. Amendments will be posted on Navy Electronic Commerce Online (NECO) https://www.neco.navy.mil/ for downloading. This will be the only method of distributing amendments; therefore, IT IS THE OFFEROR’S

RESPONSIBILITY TO CHECK THE NECO PERIODICALLY FOR ANY AMENDMENTS TO

THIS SOLICITATION.

The Government will not pay for information requested nor will it compensate any respondent for any proposal. FAR Clause at 52.212-2 Evaluation – Commercial Items basis for award will be LPTA. The Government will award a contract resulting from this solicitation to the responsible Offeror submitting the lowest priced, technically acceptable offer.

I. The Government intends to make a single award to the responsible Offeror submitting the lowest priced, technically acceptable offer. The following factors shall be used to evaluate offers:

(1) Experience

(2) Safety

(3) Past Performance

(4) Price

The Government intends to make an award on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for Factors 1, 2 and 3, the non-price factors. (The Government will not, however, provide additional credit for those proposals that may exceed the standards.) When combined, the non-price factors: Factor 1 Experience, Factor 2 Safety and Factor 3 Past Performance, are approximately equal to Factor 4 Price.

In order to permit efficient competition, the following methodology will be utilized. Proposals will be initially screened for price and placed in order of price (lowest price to highest price). The Government will then evaluate the non-price factors of the three (3) lowest priced proposals in accordance with the criteria of acceptability set forth in the solicitation. However, the Government, at its sole discretion, reserves the right to increase the number of proposals it will review under this methodology. If one (1) of those proposals is technically acceptable, and if the price is determined to be reasonable in the price evaluation, the Government will make an award to that Offeror with the lowest price. If there is no technically acceptable proposal, the next group of three (3) proposals will continue to be evaluated in the order of lowest price to highest price until one (1) has been determined to be technically acceptable. Accordingly, under this methodology, the non-price factors of some proposals may not be evaluated by the Government.

Each non-price factor will be rated as either Acceptable or Unacceptable. An “UNACCEPTABLE” rating in any factor results in the overall non-price proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price rating of “UNACCEPTABLE” makes a proposal ineligible for award.

(1) EXPERIENCE

Factor 1 will be assessed by evaluating the following from the Offerors:

Recent, Relevant Experience of Firm Data Sheet (Attachment B)

Submit three (3) relevant projects for the Offeror as the prime contractor that best describes the Offeror’s experience on projects that are similar in size, scope, and complexity to the projects that may be ordered under the solicited contract. Projects should be submitted using the Recent, Relevant Experience of Firm Project Data Sheets (Attachment B). Offerors should provide Contracts/Projects performed with Federal, State, local or private companies. Contracts/Projects that are relevant are defined as those that are performed under the solicited NAICS 561730 with an annual award value (i.e.

contract price) of $1,000,000 or more. Contracts/Projects that are recent are defined as those that are at least 50% complete within the last three (3) years. The Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total page limit for each project data sheet shall not exceed three single-sided 8.5” x 11” pages.

NOTE: Projects submitted under Factor 1 – Experience must be the same projects submitted for Factor 3 - Past Performance.

The Government will rate the responses as follows:

Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

(2) SAFETY

Factor 2 will be assessed by evaluating the following from the Offerors:

Safety Data and Narrative Data Sheet (Attachment B)

The Safety Data and Narrative Sheet is MANDATORY and SHALL be used to submit safety information. For a partnership or joint venture, the following safety data requirements are required for each contractor who is part of the partnership or joint venture; however, only one safety narrative is required. EMR and DART Rates shall not be submitted for subcontractors.

Experience Modification Rate (EMR): Include three (3) previous complete calendar years’ worth of data (2015, 2016, and 2017). This rate compares company’s annual losses in insurance claims against its policy premiums. The Offeror may submit an insurance company-provided equivalent rate if no EMR exists. If the Offeror has no EMR or premium, for any year, affirmatively state so and explain why. Any extenuating circumstances that affect the EMR and negative trends shall be addressed as part of the factor submission.

OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate: Submit three (3) previous complete calendar years’ worth of data (2015, 2016, and 2017). If an Offeror cannot submit an OSHA DART rate, for any year, affirmatively state so and an explanation shall be provided. Any extenuating circumstances that affected the OSHA and DART rate data negatively shall be addressed as part of this factor submission.

Technical Approach for Safety: Describe the plan for safety that will be implemented to evaluate safety performance of potential subcontractors as part of the selection process for all levels of subcontractors. The Offeror shall submit a narrative that fully describes the safety management system that they will use to oversee the safety compliance and performance of self-performed and subcontractor performed work. The Offeror will describe any innovative methods that will be employed to ensure and monitor safe work practices at self-performed and/or all subcontractor levels. Additionally, the contactor will describe their methodology to execute an effective program that facilitates sound mishap prevention techniques and processes, employee reporting of unsafe conditions, unsafe activities, and near-miss mishaps.

The technical approach to safety narrative shall be limited to two (2) pages.

The Government will rate the responses as follows:

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

(3) PAST PERFORMANCE

Factor 3 will be assessed by evaluating the following from the Offerors: Past Performance Questionnaire Data Sheet (Attachment B).

This information will be used to make a determination of whether the Offeror has a satisfactory record of past performance. Offerors should provide Past Performance Questionnaire Data Sheets for all contracts submitted under Factor 1 to establish recent, relevant experience.

Offers which lack relevant past performance history will receive a neutral rating for this factor. Any Offerors proposal which has no relevant past performance history, while rated neutral, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposals of other Offerors.

Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

Neutral Information not available.

(4) PRICE

Factor 4 will be assessed by evaluating the following from the Offerors:

ELINS Spreadsheet (Attachment C)

All vendors must provide pricing using the ELINS Spreadsheet for a total overall price (base and options).

II. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before an offer has exceeded its specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

At the discretion of the Contracting Officer, the Government intends to evaluate proposals and award a contract without discussions with Offerors. Each initial offer should, therefore contain the Offeror’s best terms from both a price and technical standpoint.

Minimum/Maximum: CLIN Delivery/Task Order Minimum/Maximum Quantity and CLIN Order This will be an IDIQ type of contract for a 12-month base period, with options to extend for three (3) additional 12-month periods; not to exceed a total of 48 months. Orders more than $500 but less than $2500 should will be placed using FedMall. Individual task orders will be awarded for amounts exceeding $2,500. Funding will be allocated per order and should not exceed $150,000.

At the discretion of the Contracting Officer, the Government intends to evaluate proposals and award a contract without discussions with Offerors. Each initial offer should, therefore contain the Offeror’s best terms from both a price and technical standpoint.

Payment Instructions: Standard Payment Instructions: The standard payment instructions identified in the link below are applicable.

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI1204_71htm#payment_instructions

The solicitation includes incorporates Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses. The clauses can be accessed in full text at www.farsite.hill.af.mil.

Incorporated by reference:

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Entity Code Reporting JUL 2015 52.204-17 Ownership or Control of Offeror NOV 2014 52.204-18 Commercial and Government Entity Code JUL 2016 52.204-19 Incorporation by Reference of Representation and

Certificates

DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any

FEB 2016

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation of Options JUL 1990 52.217-8 Option to Extend Services NOV 1999 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-9 Small Business Subcontracting Plan OCT 2015 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act

DEC 2010

52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 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 – Representations and Certifications

OCT 2015

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for

Award Management

JUL 2013

52.232-36 Payment by Third Party MAY 2014 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-15 Stop Work Order AUG 1989 52.243-1 Changes – Fixed - Price AUG 1987 52.243-1 Alt 1 Alternate 1 APR 1984 52.246-4 Inspection of Services – Fixed Price AUG 1996 52.246-25 Limitation Of Liability—Services FEB 1997 52.249-2 Termination for Convenience of the Government

(Fixed- Price)

APR 2012

52.249-8 Default (Fixed-Price Supply and Service) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former

DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower SEP 2013 252.203-7005 Representation Related to Compensation of Former

DoD Officials

NOV 2011

252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.219-7003 Small Business Subcontracting Plan (DoD Contracts) APR 2018 252.223-7006 Prohibition on Storage, Treatment, and Disposal of

Toxic or Hazardous Materials

SEP 2014

252.225-7021 Trade Agreements—Basic DEC 2016 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7003 Contractor Property Management System APR 2012 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

Incorporated by full text:

52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.209-5 Certification Regarding Responsibility Matters OCT 2015 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JULY 2013

52.211-11 Liquidated Damages – Supplies, Services, or Research and Development

SEP 2000

52.212-4 Contract Terms and Conditions—Commercial Items JAN 2017 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders—Commercial Items

JAN 2017

52.216-18 Ordering OCT 1995 52.216-19 Order Limitations OCT 1995 52.216-22 Indefinite Quantity OCT 1995 52.216-24 Limitations of Government Liability APR 1984 52.217-9 Options to Extend the Term of the Contract MAR 2000 52.219-1 Small Business Program Representations OCT 2014 52.219-1 Small Business Program Representations (Oct 2014) –

Alternate I

SEP 2015

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-41 Service Contract Labor Standards MAY 2014 52.222-54 Employment Eligibility Verification OCT 2015 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

MAY 2008

52.232-32 Performance-Based Payments APR 2012 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.232-32 Performance-Based Payments APR 2012 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.252-2 Clauses Incorporated by Reference FEB 1998 252.232-7006 Wide Area Workflow Payment Instruction MAY 2013 5252.242-9300 Government Representatives OCT 1996

16.504-103 Contractor Support of Electronic Contracting

(FEDMALL)

NFAS OCT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

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

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-- I. An employee of the contractor; or II. A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not “impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(a) Among the sources of personal conflicts of interest are--

(1) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(2) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(3) Gifts, including travel.

(1) For example, financial interests referred to in paragraph (1) of this definition may arise from--

• Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

• Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

• Services provided in exchange for honorariums or travel expense reimbursements;

• Research funding or other forms of research support;

• Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

• Real estate investments;

• Patents, copyrights, and other intellectual property interests; or

• Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

• Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(1) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(2) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(3) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(1) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(A) Inform covered employees of their obligation--

• To disclose and prevent personal conflicts of interest;

• Not to use non-public information accessed through performance of a Government contract for personal gain; and

• To avoid even the appearance of personal conflicts of interest;

(i) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(ii) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(iii) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

• Failure by a covered employee to disclose a personal conflict of interest;

• Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

• Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(2) Agreement to a plan to mitigate the personal conflict of interest; or

(3) A waiver of the requirement.

(1) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(2) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(A) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.209-5 -- CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)

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

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

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

(c) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

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

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

• Federal taxes are considered delinquent if both of the following criteria apply:

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

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

(2) Examples.

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

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

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

(d) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

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

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

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

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

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

(c) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.

The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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

(End of Provision)

52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

(3) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

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

• In a criminal proceeding, a conviction.

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

• In an administrative proceeding, a finding of fault and liability that results in—

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

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JULY 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

• Government personnel and authorized users performing business on behalf of the Government; or

• The Contractor, when viewing data on itself; and

(d) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(1) Past performance reviews required by subpart 42.15;

(2) Information that was entered prior to April 15, 2011; or

(3) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(i) The Contractor will receive notification when the Government posts new information to the Contractor's record.

• If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(xvii) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(xviii) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance 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. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights (1) within a reasonable 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.

(2) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(3) ) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(4) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(a) ) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(b) 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 or 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.

(c) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

• Name and address of the Contractor;

• Invoice date and number;

(a) Contract number, line item number and, if applicable, the order number;

(b) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(c) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(d) Terms of any discount for prompt payment offered;

(e) Name and address of official to whom payment is to be sent;

(f) Name, title, and phone number of person to notify in event of defective invoice; and

(g) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(h) Electronic funds transfer (EFT) banking information.

• The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

• If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

• EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(a) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(b) Payment.--

• Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

• Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

• Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

• Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

• Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

• Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(a) ) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(b) Affected contract number and delivery order number, if applicable;

(c) Affected line item or subline item, if applicable; and

(d) ) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(a) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(b) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(c) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(1) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(2) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(3) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(1) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(2) Amounts shall be due at the earliest of the following dates:

(i) The date fixed under this contract.

(ii) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(1) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

• The date on which the designated office receives payment from the Contractor;

• The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a…