16-T-0245_RFQ_Solicitation.docx
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- Nitrogen Pressure Pre-Test Certification Federal contract opportunity
- Solicitation number
- N6893616T0245
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16-T-0245 RFQ Solicitation
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| Tanks_and_Piping_Drawings.pdf |
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N68936-16-T-0245
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
| Name: | Terryl Mitchell |
| Phone: | (760) 939-1998 |
| DSN: | 437- 1998 |
| FAX: | (760) 939- 3095 |
Email address: terryl.mitchell@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254610D (T. Mitchell – 760-939-0852) |
| NAVAIRWARCENWPNDIV |
| 429 E. BOWEN RD. MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc.):
| COMMANDER |
| CODE 254610D , T Mitchell |
| NAVAIRWARCENWPNDIV |
| BLDG 982, MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lite |
PIPE INTEGRITY TESTING
FFP
Nitrogen pressure pre-test of the primary and secondary influent piping associated with eleven Underground Storage Tank (UST) locations and annual monitoring testing/certification for one UST system all located in San Bernardino County in accordance with Statement of Work (SOW) in Section C.
Please provide questions by 6/27/2016 08:00 AM PST, so question will be provided by 6/29/16. In additon provide the required additonal information Your own quote and the required additional information below.
. CAGE Code:
2. DUNS #:
3. Is supply(s) Commercial Off The Shelf (COTS) or Non-Commercial?
4. GSA Contract #/expiration date (if applicable):
5. Shipping Point - Destination or Origin:
6. If Shipping Point is Origin, what is the estimated shipping cost:
7. If software, will this be delivered by electronic download?
8. Payment Terms of NET 30 acceptable?
9. Business Size:
10. Country where items are made:
11. Pricing - are these items on a commercial published, on-line, or internal price list?
12. If available on a price list provide date/page number.
13. If not available on a price list please provide breakdown on how pricing is determined (example: item cost $ + %, labor costs, G&A, etc.)
14. If GSA schedule and pricing applies, please provide open market pricing for comparison and justification of GSA costs.
15. Estimated Delivery Date or Period of Performance:
16. Invoicing and payment will be made thru Wide Area Workflow (WAWF). As of October 1, 2007 it became mandatory to be registered in order to process any government procurement. If you are not registered please take a moment to do so at https://wawf.eb.mil/
17. The Purchase Order will be written under the terms and conditions governed by the Federal Acquisition Regulations (FAR), Department of Defense FAR Supplement (DFAR), and the Simplified Acquisition Procedures for commercial/non-commercial items/services. State you agree to these terms:
18. Is there a warranty on item(s) being purchased? If so, how long?
19. Has your company sold these items to NAWCWD within the past 2 years? If so, please provide contract number.
20. Do you have License Agreements that will be accompanying this order?
FOB: Destination
PURCHASE REQUEST NUMBER: 1300569579
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK (SOW)
Annual Monitoring Certification and Testing of the Primary and Secondary Piping and Sumps for the Vaulted Tanks in San Bernardino County
SECTION 1 – GENERAL:
OBJECTIVES
Pressure Testing of the Primary and Secondary Influent Piping The contractor shall perform a Nitrogen pressure test of the primary and secondary influent piping associated with seven (7) Underground Storage Tank (UST) locations at the Naval Air Weapons Station (NAWS) China Lake, California. At the time of testing, if it is determined that there is a breach in any of the piping, the contractor will use helium to determine the location of the breach in the lines. For each UST, the contractor will provide to the government a written report noting the test results; including the location of identified leaks. The contractor shall not be responsible for any repair work.
Six (6) of the USTs are located within the Salt Wells Propulsion Laboratories (SWPL). One (1) UST is located within the Weapons Survivability Laboratory (WSL).
The Contractor shall comply with all requirements of the California Code of Regulations (CCR) Title 23, Section 2637. The Contractor shall be responsible for obtaining all regulatory required permits, notifying all regulatory agencies, and paying all fees required to implement this scope of work.
The SB CUPA has issued a requirement for the pressure testing of buried influent piping associated with the vaulted tanks in San Bernardino County. Contractor shall confirm with the SB CUPA, pounds per square inch required for the primary and secondary piping, prior to performing pressure testing.
The Contractor shall provide notification to the Navy at (760) 939-3069 at least two weeks prior and the SB CUPA at (909) 386-8464 at least 48 hours prior to all testing.
The SB CUPA requires that that primary and secondary testing be done independently.
Contractor must:
Possess or be employed by a person who possesses a current Class “A” General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or a C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors State License Board, as applicable. Individuals who possess a tank testing license issued by the State Water Resources Control Board satisfy the licensing requirement.
Be trained and certified by the manufacturer of the equipment as follows. For service technicians conducting secondary containment testing pursuant to section 2637(a), this training and certification may be obtained through the developer of the testing equipment or test method being used, or through the manufacturer of the secondary containment system being tested, as applicable;
Renew all training and certifications issued by the manufacturer, through completion of a manufacturer's refresher course, at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter;
Possess or work under the direct and personal supervision of an individual physically present at the work site who possesses a current certificate from the International Code Council (ICC), indicating he or she has passed the California UST Service Technician exam;
Renew the ICC certification, by passing the California UST Service Technician exam, every 24 months.
Annual Monitoring Certification
The Contractor shall certify the monitoring systems for ten (10) underground storage tank (UST) systems located at Naval Air Weapons Station (NAWS) China Lake in accordance with all applicable regulations including California Code of Regulations (CCR), title 23, Division 3; Chapter 16, Section 2638. All ten UST systems are located in San Bernardino County.
The persons performing this work shall meet the requirements of CCR Title 23, Section 2715.
The Contractor shall be responsible for obtaining all regulatory required permits, notifying all regulatory agencies, and paying all fees required to implement this scope of work.
The Contractor shall provide notification to the Navy at (760) 939-3069 at least two weeks prior and the San Bernardino (SB) Certified Unified Program Agencies (CUPA) at least 48 hours prior to all testing. Failure to make proper notification will result in the rejection of test results by the CUPA.
The Contractor shall submit to NAVAIR, a written report for each UST within fourteen (14) calendar days of completing the test and to the CUPAs within 30 calendar days of the test using the form provided in Appendix VI of CCR Title 23, Division 3; Chapter 16.
Contractor must:
Possess or be employed by a person who possesses a current Class "A" General Engineering Contractor License, C-10 Electrical Contractor License, or a C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors State License Board, as applicable. Individuals who possess a tank testing license issued by the State Water Resources Control Board satisfy the licensing requirement.
Be trained and certified by the manufacturer of the equipment as follows. For service technicians performing work on monitoring equipment, training and certification shall be obtained from the manufacturer of the monitoring equipment.
Renew all training and certifications issued by the manufacturer, through completion of a manufacturer's refresher course, at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter.
Possess or work under the direct and personal supervision of an individual physically present at the work site who possesses a current certificate from the International Code Council (ICC), indicating he or she has passed the California UST Service Technician exam.
Renew the ICC certification, by passing the California UST Service Technician exam, every 24 months.
Affix a tag/sticker on each monitoring equipment component that is being certified, repaired, or replaced. The tag/sticker shall be placed in a readily visible location and shall include the date the UST component was certified, repaired, or replaced, and the contractor's or tank tester's license number.
REQUIREMENT FOR CONFINED SPACE ENTRY
Each of the USTs located in the SWPL are located within a below grade concrete vault. There are five (5) valves and three (3) filter socks that are each located within separate, below grade concrete vaults. The contractor will have to perform a confined space entry to access the influent piping for these USTs, valves and filter socks.
The UST and collection sumps located at WSL are each located within separate below grade concrete vaults. The contractor will have to perform a confined space entry at this location to access the influent piping and overfill prevention device.
Per OPNAVINST 5100.23G, the contractors performing the confined space work must submit their confined space plans and procedures to the NAWS Confined Space Program Manager at travis.wilkins@navy.mil or call 760-939-3067 for review and approval before any confined space work may begin.
All confined space plans and procedures must conform to OSHA 1910.146, OPNAVINST 51.23G Chapter 27, COMNAVREGSWINST 5100.11E, and NAWS Instruction 5100.27B
Sumps that require confined space entry will be cleaned by the customer prior to contractor arrival on site.
SECTION 2 – WORK ELEMENTS:
2.1 WORK ELEMENT 1 – DOCUMENT PLANS AND MEETINGS
2.1.1 A Health and Safety Plan will be completed for this project as required by 29 CFR 1910.120. The plan will be site specific and shall include a job hazard analysis for all tasks to be performed. References used to develop the site specific plan shall include, but not limited to: EM 385-1-1 US Army corps of Engineers Safety and Health Requirements Manual, Navy/Marine Corps Installation Restoration Program Manual and Local Activity safety plans and standard operating procedures. The Health & Safety Plan will address all sections, which are deemed appropriate for performing this project, and provide a safe and healthful environment for all personnel involved. Work will not begin until the work plans have been approved by the Point of Contact (POC).
2.1.2 The contractor shall attend a "kick-off" meeting at NAWS China Lake, CA the same day that field work will commence. Attendees of this meeting will include; Environmental Coordinators from NAWS China Lake and various Naval Air System Command (NAVAIR) Personnel. The agenda for this meeting will include discussion of access to the site locations, scheduling, security policies, and other issues related to the purchase order.
2.2 WORK ELEMENT 2 – FIELD WORK
2.2.1 The Contractor shall pressure test the primary and secondary buried influent piping and perform annual monitoring certification associated with the following: SWPL and WSL P-407 UST locations and associated buildings.
SWPL Station 1 – Pressure testing and annual monitoring certification There are three bldg. connections (2” pipe inlet at troughs) that connect underground to the 4 inch (in.) x 6 in. double walled pipe that terminates at SWPL 1.
· Contains (1) deluge valve vault, secondary piping system is not continuous - 2 sensors
SWPL Station 2 – Pressure testing and annual monitoring certification One 4 in. x 6 in. double walled polypropylene pipe coming from Building 15980.
SWPL Station 4 – Pressure testing and annual monitoring certification There are two building connections (3” pipe inlet at floor drains) that connect underground to the 4 in. x 6 in. double wall polypropylene pipe that terminates at SWPL 4.
SWPL Station 5 – Only annual monitoring certification
· Contains three (3) deluge valve vaults, secondary piping is not continuous – two (2) sensors each
SWPL Station 6 – Pressure testing and annual monitoring certification There are nine (9) building connections (4” pipe inlet at troughs) that connect underground to the 4 in. x 6 in. double wall polypropylene pipe that terminates at SWPL 6.
SWPL Station 8 - Only annual monitoring certification
SWPL Station 9 – Pressure testing and annual monitoring certification There is one (1) 4 in. x 6 in. double wall polypropylene pipe that terminates at SWPL 9. Previous pipe testing was done via a hydrostatic test due to difficulty with plug sealing properly.
· Filter sock within tank containment
SWPL Station 10 – Pressure testing and annual monitoring certification There are three (3) bldg. connections that remain active at this station and require testing; one (1) 2” building connection from 564, one (1) 2” bldg. connection from 560 and one (1) flange/stainless steel basket connection from 560. The individual lines connect to a 4 in. x 6 in. double wall polypropylene pipe coming from buildings 521, 522, 523, and 524 before terminating at SWPL 10.
· Contains two (2) filter socks – two (2) sensors each
**At this location, testing is only required on the influent lines from bldgs. 560/564. Previous pipe testing was done via a hydrostatic test.
SWPL Station 11 – Only annual monitoring certification
· Contains one (1) deluge valve vault, secondary piping is not continuous – (2) sensors
· Contains one (1) pass through vault at bldg. 510, secondary piping is not continuous - (1) sensor
There are several 4 in. x 6 in. standpipes in between the buildings and the UST’s (SWPL Stations 1 and10) that will require extended length test plugs (example of what was previously used: http://www.missionrubber.com/Products/FloBlocTestPlugs.php ). Some locations required as many as 10 plugs to perform pressure testing.
The Government will flush with water the troughs/drains prior to the contractor testing (will need schedule two (2) weeks in advance).
Contractor must provide scaffolding plank to avoid standing directly on tank lids.
See attached site maps and photographs to assist in bidding process.
WSL P-407 – Pressure testing and annual monitoring certification
There are seven (7) sections of underground piping and seven (7) sumps which require testing. Confined space entry into five (5) concrete sumps is required to access the piping. The sumps are approximately 4 feet (ft.) x 4 ft. and range in depth from 2.75 ft.-7.16ft.
The first section is approximately 60 ft. of 12 in. x 16 in. double wall piping running from sump 1 to sump 2.
The second section is approximately 72 ft. of 12 in. x 16 in. double wall piping running from sump 2 to sump 3.
The third section is approximately 47 ft. of 12 in. x 16 in. double wall piping running from sump 4 to sump 3.
The fourth section is approximately 53 ft. of 12 in. x 16 in. double wall piping running from sump 5 to sump 4.
The fifth section is approximately 65 ft. of 12 in. x 16 in. double wall piping running from sump 3 to sump 7.
The sixth section is approximately 60 ft. of 12 in. x 16 in. double wall piping running from sump 6 to sump 7.
The seventh section is approximately 60 ft. of 12 in. x 16 in. double wall piping running from sump 7 to the influent tank.
Each of the seven (7) sumps must also be tested for integrity.
Requires test plugs (example of what was previously used: http://www.circlemfg.com/rubber_ball_test_plugs.htm)
**THESE UST’S ARE IN ACTIVE ORDNANCE OPERATING AREAS THAT REQUIRE COORDINATING WITH UST OWNERS IN ADVANCE FOR ACCESS AND SCHEDULING PRIOR TO START OF WORK.
2.3 WORK ELEMENT 3 – REPORTS AND DATA SUBMISSION
2.3.1 Within 14 calendar days of completing this work element for each of the locations, the Contractor shall provide a written report detailing the results of each pipe and sensor tested, pass or fail.
SECTION 3 – SPECIAL CONDITIONS:
3.1 The contractor shall obtain all necessary permits and make all necessary notifications to the appropriate regulatory agencies associated with this scope of work.
3.2 All secondary containment testing will be performed by either a service technician or a licensed tank tester, who must meet the requirements of CCR Title 23, Section 2715, subdivision (i). All secondary containment testing will be performed in accordance with CCR Title 23, Section 2637.
3.3 The Contractor will adhere to the requirements of NAWS China Lake specific 01575N for Temporary Environmental Controls. The Contractor will be responsible for disposal of all waste products generated by this project.
3.4 Per OPNAVINST 5100.23G, the contractor performing the confined space work must submit their confined space plans and procedures to the NAWS Confined Space Program Manager for review and approval before any confined space work may begin. All confined space plans and procedures must conform to OSHA 1910.146, OPNAVINST 51.23G Chapter 27, COMNAVREGSWINST 5100.11E, and NAWS Instruction 5100.27B.
3.5 The Contractor will not take any photographs. If photographs are required they will be taken by a government person with a “P” on their badge.
3.6 Public Affairs – The Contractor shall not disclose any data resulting from actions in this contract to the news media or public. The Contractor shall refer all press or public contacts to the POC and shall notify the POC of their actions. The Contractor may not distribute reports or data to any other source.
3.7 Any oral directions, instructions, explanations, commitments and/or acceptances given by any government employee to the Contractor or his personnel, shall not be construed by the Contractor as a change in scope to this purchase order. Any change in scope of work must be issued to the Contractor, in writing, by the Contracting Officer to be binding on the government.
3.8 The Contractor shall make every effort to prevent the spread of contamination or release of contaminants to the environment in accordance with federal, state, and local laws, regulations and instructions.
3.9 Electronic devices prohibited at all site locations.
SECTION 4 – CONTRACT ADMINISTRATION DATA
4.1 Points of Contact:
4.1.1 Jaimie Bebee
Email: Jaimie.bebee@navy.mil Phone number: 760-939-3069
4.1.2 NAWS Confined Space Program Manager
Travis Wilkins Email: travis.wilkins@navy.mil Phone number: 760-939-3067
Section E - Inspection and Acceptance
| E-TXT-04 | INSPECTION AND ACCEPTANCE (DESTINATION) (APR 2002) |
| Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity. |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 0001 |
| 31-AUG-2016 |
| 1 |
| N/A |
FOB: Destination
CLAUSES INCORPORATED BY REFERENCE
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| F-TXT-10 | SHIPPING INSTRUCTIONS (CHINA LAKE) (AUG 2015) | ||
| SHIP TO: | NAVAL AIR WARFARE CENTER WEAPONS DIVISION (NAWCWD) | ||
| Receiving Officer, Code FLCSD400G | |||
| Bldg. 1024, Blandy Ave. | |||
| N68936-XX-X-XXXX | |||
| China Lake, CA 93555-6100 | |||
| Attn: | |||
| Code & Phone: |
Failure to mark each shipping label and packing list as indicated above may result in return of shipment at your expense, or will cause a delay in processing your invoice for payment.
DOCK HOURS are Monday through Thursday, and Alternating Fridays, 0730-1530. If you anticipate making delivery on a Friday please call Receiving at (760)939-2305 to verify receiving dock hours.
Section G - Contract Administration Data
| 252.232-7006 | WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) | |
| (a) Definitions, as used in this clause-- | ||
| "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization. | ||
| "Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). | ||
| "Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. | ||
| (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. | ||
| (c) WAWF access. To access WAWF, the Contractor shall-- | ||
| (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and | ||
| (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. | ||
| (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. | ||
| (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. | ||
| (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: | ||
| (1) Document type. The Contractor shall use the following document type(s). | ||
| ___________________________________________________________________________ | ||
| (Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) | ||
| (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. | ||
| ___________________________________________________________________________ | ||
| (Contracting Officer: Insert inspection and acceptance locations or "Not applicable.") | ||
| (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. |
| Routing Data Table* | ||||
| Field Name in WAWF | Data to be entered in WAWF | |||
| Pay Official DoDAAC: | _________________________ | |||
| Issue By DoDAAC: | _________________________ | |||
| Admin DoDAAC: | _________________________ | |||
| Inspect By DoDAAC: | _________________________ | |||
| Ship To Code: | _________________________ | |||
| Ship From Code: | _________________________ | |||
| Mark For Code: | _________________________ | |||
| Service Approver (DoDAAC): | _________________________ | |||
| Service Acceptor (DoDAAC): | _________________________ | |||
| Accept at Other DoDAAC: | _________________________ | |||
| LPO DoDAAC: | _________________________ | |||
| DCAA Auditor DoDAAC: | _________________________ | |||
| Other DoDAAC(s): | _________________________ | |||
| (*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.") | ||||
| (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. | ||||
| (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. |
(Contracting Officer: Insert applicable email addresses or "Not applicable.")
| (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6 | |
| (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. |
| G-TXT-01 | ATTENTION! E-MAIL ADDRESS REQUIRED FOR DISTRIBUTION |
| All Naval Air Warfare Center Weapons Division Contracts/ Purchase Orders and other related documents are now distributed by electronic mail. | |
| Please provide the e-mail address to which distribution of contracts/purchase orders should be made. | |
| E-Mail Address:___________________________________________________ |
Section I - Contract Clauses
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2015 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| MAY 2015 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| APR 2015 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7000 |
| Disclosure Of Information |
| AUG 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.211-7008 |
| Use of Government-Assigned Serial Numbers |
| SEP 2010 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic (Nov 2014) |
| NOV 2014 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 52.204-19 | INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) |
| The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. |
| 52.212-5 | CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019)(FEB 2016) | ||
| (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. | |||
| (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. | |||
| (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. | |||
| (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. | |||
| (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- | |||
| (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). | |||
| (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. | |||
| (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). Flow down required in accordance with paragraph (1) of FAR Clause 52.222-17. | |||
| (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). | |||
| (v) 52.222-26, Equal Opportunity (Apr 2015)(E.O. 11246). | |||
| (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). | |||
| (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793). | |||
| (viii) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212). | |||
| (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)(E.O. 13496). Flow down required in accordance with paragraph (f) of clause 52.222-40. | |||
| (x) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. Chapter 67). | |||
| (xi)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627). | |||
| (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 78 and E.O. 13627). | |||
| (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standard to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. Chapter 67). | |||
| (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standard to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. Chapter 67). | |||
| (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). | |||
| (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658). | |||
| (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). | |||
| (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. | |||
| (xvii) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. | |||
| (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. |
| 52.219-4 | NOTICE OF PRICE EVALUATION FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2014) | ||
| (a) Definition. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d). | |||
| (b) Evaluation preference. | |||
| (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except- | |||
| (i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and | |||
| (ii) Otherwise successful offers from small business concerns. | |||
| (2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. | |||
| (3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern. | |||
| (c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference. | |||
| [ ] Offer elects to waive the evaluation preference. | |||
| (d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for | |||
| (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns; | |||
| (2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns; | |||
| (3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees; | |||
| (ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors; | |||
| (iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or | |||
| (4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees; | |||
| (ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors; | |||
| (iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns. | |||
| (e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements. | |||
| (f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers. | |||
| (2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States. | |||
| (3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts. | |||
| (g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror. |
| 52.219-28 | POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | ||
| (a) Definitions. As used in this clause-- | |||
| Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. | |||
| Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. | |||
| (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: | |||
| (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. | |||
| (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. | |||
| (3) For long-term contracts-- | |||
| (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and | |||
| (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. | |||
| (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards/ . | |||
| (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. | |||
| (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations and Certification section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. | |||
| (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. | |||
| (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: | |||
| The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [213112______] assigned to solicitationt number [_N68936-16-T-0245__]. |
[Contractor to sign and date and insert authorized signer's name and title].
Signature Date Signer’s Printed Name Signer’s Title
| 52.232-39 | UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) | |
| (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or other legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: | ||
| (1) Any such clause is unenforceable against the Government. | ||
| (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOX, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. | ||
| (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. | ||
| (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. |
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
| 52.237-2 | PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) |
| The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. |
| 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): https://www.acquisition.gov/far/ or http://farsite.hill.af.mil. |
| 52.252-6 | AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) |
| (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. | |
| (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. |
| 252.204-7004 | SYSTEM FOR AWARD MANAGEMENT (52.204-7)(JUL 2013) - ALT A (FEB 2014) | ||
| (a) Definitions. As used in this provision-- | |||
| “System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government. | |||
| “Commercial and Government Entity (CAGE) Code” means - | |||
| (1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity: or | |||
| (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." | |||
| “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. | |||
| “Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern. | |||
| “Registered in the System for Award Management (SAM) database” means that-- | |||
| (1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and | |||
| (2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; | |||
| (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and | |||
| (4) The Government has marked the record "Active." | |||
| (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. | |||
| (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database. | |||
| (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. | |||
| (1) An offeror may obtain a DUNS number-- | |||
| (i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or | |||
| (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. | |||
| (2) The offeror should be prepared to provide the following information: | |||
| (i) Company legal business. | |||
| (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. | |||
| (iii) Company physical street address, city, state, and Zip Code. | |||
| (iv) Company mailing address, city, state and Zip Code (if separate from physical). | |||
| (v) Company telephone number. | |||
| (vi) Date the company was started. | |||
| (vii) Number of employees at your location. | |||
| (viii) Chief executive officer/key manager. | |||
| (ix) Line of business (industry). | |||
| (x) Company Headquarters name and address (reporting relationship within your entity). | |||
| (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. | |||
| (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. | |||
| (f) Offerors may obtain information on registration at https://www.acquisition.gov. |
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall--
| (a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and |
| (b) Separately identify a payment amount for each contract line item included in the payment request. |
| 252.204-7012 | SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT INFORMATION (DEC 2015) | |||
| (a) Definition. As used in this clause -- "Adequate security" means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. | ||||
| "Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. | ||||
| "Contractor attributional/proprietary information" means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. | ||||
| "Contractor information system" means an information system belonging to, or operated by or for, the Contractor. |
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