17-Q-0131_RFQ_Solicitation.docx
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- 150 Gallon Mixer Federal contract opportunity
- Solicitation number
- N6893617Q0131
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17-Q-0131 RFQ Solicitation
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N6893617Q0131
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
| Name: | Sarah Ferrucci |
| Phone: | (760) 939- 2378 |
| DSN: | 437- 2378 |
Email address: sarah.ferrucci@navy.mil
U.S. Postal Service Mailing Address:
COMMANDER
CODE 254220D (S. Ferrucci – 760-939-2378)
NAVAIRWARCENWPNDIV
429 E. BOWEN RD. MAIL STOP 4015
CHINA LAKE, CA 93555-6108
Direct Delivery Address (UPS, FedEx, etc.):
COMMANDER
CODE 254220D (S. Ferrucci)
NAVAIRWARCENWPNDIV
BLDG 982, MAIL STOP 4015
CHINA LAKE, CA 93555-6108
AND
| Name: | William Burger |
| Phone: | (760) 939-3470 |
| DSN: | 437-3470 |
Email address: william.c.burger@navy.mil
U.S. Postal Service Mailing Address:
COMMANDER
CODE 254220D (W. Burger – 760-939-3470)
NAVAIRWARCENWPNDIV
429 E. BOWEN RD. MAIL STOP 4015
CHINA LAKE, CA 93555-6108
Direct Delivery Address (UPS, FedEx, etc.):
COMMANDER
CODE 254220D (W. Burger – 760-939-3470)
NAVAIRWARCENWPNDIV
BLDG 982, MAIL STOP 4015
*Questions pertaining to the RFQ shall be submitted no later than 3:00 PM Pacific Time 5 business days after the solicitation is posted. Questions shall be submitted by email to sarah.ferrucci@navy.mil and william.c.burger@navy.mil with the RFQ number as the subject line.
NOTE: The Government will not provide financing for the awarded contract.
SITE VISIT
SITE VISIT:
A. Vendors must request a site visit to the contract specialist and PCO via e-mail no later than 3:00 P.M. PST 08/02/2017. After the request for a site visit has been reviewed by the contracting office, the vendor will receive an email response with further instructions for badging and processing. It is the vendor’s responsibility to complete all of the required documentation in order to access the site visit.
B. Site Visits may be scheduled for August 7th, 8th, and 9th at the discretion of the Government.
C. Questions and answers from the site visit(s) will be posted to FBO no later than 08/14/2017.
D. The RFQ will close on 09/01/2017.
E. If no site visits are requested by potential vendors, the closing date of the RFQ will be shortened to 08/28/2017.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
150 Gallon Mixer Refurbishment
FFP
Removal of Mixers 53371 and 52149, refurbishment of mixer 53371, and the installation of mixer 53371 into the mixing facility at China Lake, CA, as described in Section C Statement of Work (SOW).
FOB: Destination
PURCHASE REQUEST NUMBER: 1300652295
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
| OPTION |
| High Speed Mixing Blade |
FFP
Stainless steel mixing blade as described in SOW Section 3.2.6
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
Statement of Work 150 Gallon Mixer Refurbish 25 July 2017
1.0 INTRODUCTION
1.1 BACKGROUND
The Explosive Operation Support Branch at the Naval Air Warfare Center Weapons Division (NAWCWD) 47N100D supports energetic operations for the command. This directly supports the Fleet, PMAs, TPOs, and external customers, to meet rapid response tasking, ensure weapons readiness, increased agility, and to ensure alignment within Navy goals.
1.2 Scope
This procurement is for the removal of 150 Gallon mixers (serial numbers) 53371 and 52149, refurbishment of mixer (serial number) 53371, and the installation of mixer (serial number) 53371 into the mixing facility at China Lake Propulsion Laboratories (CLPL) NAWCWD, China Lake, CA.
The contractor shall remove, refurbish, deliver and install in accordance with Section 3.0 of this document.
2.0 APPLICABLE DOCUMENTS
| (2.1) Mixer Building Specifications |
| (2.2) NAVFAC P-307 |
3.0 REQUIREMENTS
3.1 Removal
The contractor shall remove mixer 53371 from a 150-Gallon Mixer storage compound, using contractor provided equipment. The contractor shall package and ship the mixer (53371) and associated components (drive motor, motor adjustment stand, drive gearbox, 150 gallon mix bowl) to the mixer refurbishing vendor in accordance with document 2.1 Shipping Instructions.
3.2 Refurbish
The contractor shall refurbish and deliver the Government’s 150 Gallon B&P Mixer 53371.
3.2.1 The contractor shall provide a Quad-lift bowl lift and leveling system retrofit for mixer 53371.
3.2.1.1 The Quad-Lift bowl lift & leveling system shall replace the existing tape leveling system.
3.2.1.1.1 The retro fit kit shall include new mixer stand, new XP Hydraulic Unit, Bowl Locks, Labels and Quad Lift.
3.2.1.1.2 The bowl shall be capable of being raised and lowered by a sturdy fabricated steel cradle.
3.2.1.1.3 The Quad-Lift system shall be designed to fit and operate seamlessly in place of the existing mixer stand, lift and leveling system on the B&P mixer system.
3.2.1.2 The quad lift retrofit shall contain:
3.2.1.2.1 A rugged structure preventing excessive bowl tilting during abnormal operation, such as loss of electric or hydraulic power.
3.2.1.2.2 Non-metallic, greaseless bushings prevent metal-to-metal contact between the posts and the bushing blocks or cradle.
3.2.1.2.3 The bowl and cradle assembly is raised and lowered conventionally by two hydraulic cylinders.
3.2.1.2.4 The design criteria are, in the event of a complete rupture of one hydraulic cylinder, the bowl can be lowered by the remaining cylinder without the blade touching the bowl.
3.2.1.2.5 The flow of hydraulic fluid into and out of the lifting cylinders shall be valve controlled to provide fail-safe operation mode in the event of electrical power interruption.
3.2.1.2.5.1 The hydraulic power unit shall include a reservoir that is powered by a TEFC motor suitable for local electrical characteristics.
3.2.1.2.5.2 The hydraulic power unit shall include a reservoir; all necessary valves and solenoids for operation, including the Quick Drop functionality; shall be designed to be placed in the same room as the mixer and will meet all required electrical requirements for explosive operation.
3.2.2 Hunting tooth design conversion
3.2.2.2 The refurbished 150 Gallon B&P Mixer 53371 shall replace the blade design with a hunting tooth design. The hunting tooth design shall be capable of mixing the entire surface of the bowl wall and bottom in a substantially non-repeating pattern, resulting in a more homogenous mix.
3.2.3 Rotating HSG Repair
3.2.3.2 The current mixer shall be disassembled and the rotating housing bearing and seal surfaces shall be resurfaced and machined back to original mixer specifications.
3.2.4 Shipping frame and lift bars
3.2.4.2 The refurbished mixer shall include a shipping frame that is attached to the mixing blades and frame to prevent any rotation or flexing of the mixing blades during the lifting and transportation process.
3.2.4.3 The contractor shall provide special lift bars for attachment to mixer to provide the lift points required for safe lift, lay down, and transport of the mixer.
| 3.2.5 | Minimum parts required for refurbishment: bearings, spacers, seals, gaskets, o-rings, hardware rotary gear pump vacuum gauge, timing belt rupture disc, thermocouple new falk reducer new induction XP rated motor VFD. |
| 3.2.6 | High speed mixing blade: (B&P part number 28-928) (Option) |
3.2.6.1 The current high speed mixing blade shall be replaced with a new stainless steel mixing blade design to maintain the current blade to bowl clearance and decrease the existing blade to blade operational clearances. The required clearances are:
3.2.6.1.1 Blade to Blade: .220/.320
3.2.6.1.2 Blade to Wall of Bowl: .220/.270
3.2.6.1.3 Blade to Bottom of Bowl: .220/.320
3.2.8 The contractor shall provide a factory acceptance test report. (CDRL A001)
3.3 Relocation of Mixer 52149
3.3.1 The contractor shall disassemble and remove mixer 52149 and associated components (drive motor, motor adjustment stand, drive gearbox, 150 gallon mix bowl) from the Government facility (See 2.1)
3.3.1.1 Disassembly requires the use of a Government bridge crane located inside the Government facility.
3.3.2 The contractor shall provide documentation of operator qualifications to the contracting officer prior to an operator engaging in any mode of crane operation prior to operating the Government’s bridge crane. (See 2.2)
3.3.3The mixer 52149 shall be moved into the 150-Gallon Mixer storage compound. All other associated components of mixer 52149 shall be placed outside this building. (See 2.1)
3.4 Installation of Refurbished Mixer 53371
The contractor shall deliver and install the refurbished 150 Gallon Mixer 53371. Installation shall occur in the energetics building without removal of any facility walls or fixtures. (See 2.1)
3.5 Operation and Maintenance
3.5.1 The contractor shall provide a 1-day operational and maintenance training for up to 4 Government employees within 60 days of delivery and installation.
3.5.2 The contractor shall provide 2 hard copies and 1 electronic copy (each) of the Original Equipment Manufacturer (OEM) operation and maintenance manuals.
4.0 MISCELLANEOUS
4.1 Acceptance is contingent upon successful installation and operation of mixer 53371.
4.2 The contractor shall have base access and appropriate clearance to deliver and install equipment at China Lake Propulsion Laboratories (CLPL).
4.3 The contractor shall provide a commercial warranty for the refurbished mixer 53371.
Section D - Packaging and Marking
PROHIBITED PACKING MATERIALS
PROHIBITED PACKING MATERIALS
The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| 6 mths. ADC |
| 1 |
| N/A |
| 0002 |
| 6 mths. ADC |
| 1 |
| N/A |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
Section G - Contract Administration Data
CONTRACT ADMINISTRATION DATA
| (a) Contract Administration Office. | |
| (1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order. | |
| (b) Special Instructions (see FAR 42.202(b) and (c)): | |
| (1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)): | |
| Functions Retained | |
| Retained for Performance By: |
| *To be completed at award |
| *To be completed at award |
(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):
| Additional Functions |
| Retained for Performance By: |
| *To be completed at award |
| *To be completed at award |
(c) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html
*To be completed at award
| 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). | ||
| *To be completed at award |
| (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. | |
| *To be completed at award |
(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: | *To be completed at award | |||
| Issue By DoDAAC: | N68936 | |||
| Admin DoDAAC: | *To be completed at award | |||
| Inspect By DoDAAC: | N68936 | |||
| 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. |
N/A
| (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:___________________________________________________ |
TECHNICAL POINT OF CONTACT
TECHNICAL POINT OF CONTACT
1. The Technical Point of Contact (TPOC) for this contract is:
| (b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order. Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO). |
| (c) The contractor may use this technical POC for technical questions related to the existing contract or order. Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System (CPARS), clarification of technical requirements, and statement of work inquires. |
| (d) The contractor shall immediately notify the Procuring Contracting Officer in writing if the contractor interprets any action by the TPOC to be a change to the existing contract. |
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I |
| OCT 1995 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2016 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| JUL 2013 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| JAN 2017 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| NOV 2016 |
| 52.219-16 |
| Liquidated Damages-Subcontracting Plan |
| JAN 1999 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| OCT 2016 |
| 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 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 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 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.245-1 |
| Government Property |
| JAN 2017 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7003 |
| Agency Office of the Inspector General |
| DEC 2012 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| OCT 2015 |
| 252.211-7008 |
| Use of Government-Assigned Serial Numbers |
| SEP 2010 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2016 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| SEP 2004 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
| 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)(JAN 2017) | ||
| (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 (Oct 2015)(41 U.S.C. 3509). | |||
| (ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016)(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 (Sept 2016)(E.O. 11246). | |||
| (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). | |||
| (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793). | |||
| (viii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)(E.O. 13706). | |||
| (ix) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212). | |||
| (x) 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. | |||
| (xi) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. Chapter 67). | |||
| (xii)[ ](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). | |||
| (xiii) 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). | |||
| (xiv) 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). | |||
| (xv) 52.222-54, Employment Eligibility Verification (Oct 2015). | |||
| (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)(E.O. 13658). | |||
| (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673)(Oct 2016)(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and contracts issued after April 24, 2017.). | |||
| NOTE TO PARAGRAPH (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. | |||
| (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673)(Oct 2016). | |||
| (xix) 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). | |||
| (xx) 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. | |||
| (xxi) 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. |
| 52.219-28 | 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 [_______] assigned to contract number [______________]. |
[Contractor to sign and date and insert authorized signer's name and title].
Signature Date Signer’s Printed Name Signer’s Title
| 52.222-54 | EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015) | |||
| (a) Definitions. As used in this clause- | ||||
| “Commercially available off-the-shelf (COTS)” item-- | ||||
| (1) Means any item of supply that is-- | ||||
| (i) A commercial item (as defined in paragraph (1) of the definition at 2.101); | ||||
| (ii) Sold in substantial quantities in the commercial marketplace; and | ||||
| (iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and | ||||
| (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo. | ||||
| “Employee assigned to the contract” means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee-- | ||||
| (1) Normally performs support work, such as indirect or overhead functions; and | ||||
| (2) Does not perform any substantial duties applicable to the contract. | ||||
| “Subcontract” means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. | ||||
| “Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. | ||||
| “United States”, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands. | ||||
| (b) Enrollment and verification requirements. | ||||
| (1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall-- | ||||
| (i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award; | ||||
| (ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and | ||||
| (iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). | ||||
| (2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of-- | ||||
| (i) All new employees. | ||||
| (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or | ||||
| (B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or | ||||
| (ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). | ||||
| (3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. | ||||
| (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of-- | ||||
| (i) Enrollment in the E-Verify program; or | ||||
| (ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU). | ||||
| (5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU. | ||||
| (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official. | ||||
| (ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify. | ||||
| (c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify. | ||||
| (d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee-- | ||||
| (1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program; | ||||
| (2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or | ||||
| (3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. | ||||
| (e) Subcontracts. The contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that - | ||||
| Is for-- | ||||
| (i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or | ||||
| (ii) Contraction; | ||||
| (2) Has a value of more than $3,500; and | ||||
| (3) Includes work performed in the United States. |
| 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. |
| 52.232-40 | PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) |
| (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contractor or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. | |
| (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. | |
| (c) Include the substance of this clause, including this paragraph (c), in subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. |
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.
| 52.252-2 | 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 (OCT 2016) - ALTERNATE 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 "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database. | ||
| (c) If the Offeror does not have a unique entity designator, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information: | ||
| (1) Company legal business. | ||
| (2) Tradestyle, doing business, or other name by which your entity is commonly recognized. | ||
| (3) Company Physical Street Address, City, State, and Zip Code. | ||
| (4) Company Mailing Address, City, State and Zip Code (if separate from physical). | ||
| (5) Company Telephone Number. | ||
| (6) Date the company was started. | ||
| (7) Number of employees at your location. | ||
| (8) Chief executive officer/key manager. | ||
| (9) Line of business (industry). | ||
| (10) Company Headquarters name and address (reporting relationship within your entity). | ||
| (d) 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 (OCT 2016) | |||
| (a) Definitions. 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. | ||||
| "Controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. | ||||
| "Covered contractor information system" means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information. | ||||
| "Covered defense information" means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.wrchives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is -- | ||||
| (1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or | ||||
| (2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract. | ||||
| "Cyber incident" means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein. | ||||
| "Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. | ||||
| "Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information. | ||||
| "Malicious software" means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. | ||||
| "Media" means physical devices or writing surfaces including, but not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system. | ||||
| "Operationally critical support" means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation. | ||||
| "Rapidly report" means within 72 hours of discovery of any cyber incident. | ||||
| "Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data - Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering date, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. |
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