N69450-13-Q-3083_BASEWIDE_REFUSE_COLLECTION_RFQ.pdf

NAVFAC SOUTHEAST

PWD FORT WORTH

1215 DEPOT AVE

NAS JRB FORT WORTH

FORT WORTH TX 76127-1215

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

33.5M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N69450-13-Q-3083 02-Aug-2013

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

01:00 PM 04 Sep 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

N69450

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE N69450 16. ADMINISTERED BY

NAVFAC SOUTHEAST

ANNIE C. BEATY

PWD FORT WORTH

1215 DEPOT AVE

NAS JRB FORT WORTH

FORT WORTH TX 76127-1215

TEL: FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANNIE C. BEATY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

562111

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ACQR3247893

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

N69450-13-Q-3083

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each BASE Year FFP

FFP

Base wide Refuse Collection Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINS, SECTION J-0200000-08, Attachment 6 under file name: N69450-13-Q- 3083_ATTACHMENT 6_ELINS items A001-A007.

Period of Performance for the Base Year is 1 October 2013 to 30 September 2014.

NOTE: Please ensure you are using the most current version of this Attachment.

Check all amendments for updates.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR3247893

NET AMT

0002 1 Each

BASE YEAR IDIQ

FFP

Base wide Refuse Collection Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINS, SECTION J-0200000-08, Attachment 6 under file name: N69450-13-Q- 3083_ATTACHMENT 6_ELINS items A700-A703 Period of Performance for the Base Year is 1 October 2013 to 30 September 2014.

NOTE: Please ensure you are using the most current version of this Attachment.

Check all amendments for updates.

0003 1 Each

OPTION OPTION YEAR 1 FFP

FFP

Base wide Refuse Collection Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINS, SECTION J-0200000-08, Attachment 6 under file name: N69450-13-Q- 3083_ATTACHMENT 6_ELINS items B001-B007 Period of Performance for Option Year 1 is 1 October 2014 to 30 September 2015.

NOTE: Please ensure you are using the most current version of this Attachment.

Check all amendments for updates.

0004 1 Each

OPTION OPTION YEAR 1 IDIQ

FFP

Base wide Refuse Collection Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINS, SECTION J-0200000-08, Attachment 6 under file name: N69450-13-Q- 3083_ATTACHMENT 6_ELINS items B700-B703 Period of Performance for Option Year 1 is 1 October 2014 to 30 September 2015.

NOTE: Please ensure you are using the most current version of this Attachment.

Check all amendments for updates.

0005 1 Each

OPTION OPTION YEAR 2 FFP

FFP

Base wide Refuse Collection Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINS, SECTION J-0200000-08, Attachment 6 under file name: N69450-13-Q- 3083_ATTACHMENT 6_ELINS items C001-C007 Period of Performance for the Option Year 2 is 1 October 2015 to 30 September 2016.

NOTE: Please ensure you are using the most current version of this Attachment.

Check all amendments for updates.

0006 1 Each

OPTION OPTION YEAR 2 IDIQ

FFP

Base wide Refuse Collection Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINS, SECTION J-0200000-08, Attachment 6 under file name: N69450-13-Q- 3083_ATTACHMENT 6_ELINS items C700-C703 Period of Performance for the Option Year 2 is 1 October 2015 to 30 September 2016.

NOTE: Please ensure you are using the most current version of this Attachment.

Check all amendments for updates.

0007 1 Each

OPTION OPTION YEAR 3 FFP

FFP

Base wide Refuse Collection Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINS, SECTION J-0200000-08, Attachment 6 under file name: N69450-13-Q- 3083_ATTACHMENT 6_ELINS items D001-D007 Period of Performance for the Option Year 3 is 1 October 2016 to 30 September 2017.

NOTE: Please ensure you are using the most current version of this Attachment.

Check all amendments for updates.

0008 1 Each

OPTION OPTION YEAR 3 IDIQ

FFP

Base wide Refuse Collection Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINS, SECTION J-0200000-08, Attachment 6 under file name: N69450-13-Q- 3083_ATTACHMENT 6_ELINS items D700-D703 Period of Performance for the Option Year 3 is 1 October 2016 to 30 September 2017.

NOTE: Please ensure you are using the most current version of this Attachment.

Check all amendments for updates.

0009 1 Each

OPTION OPTION YEAR 4 FFP

FFP

Base wide Refuse Collection Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINS, SECTION J-0200000-08, Attachment 6 under file name: N69450-13-Q- 3083_ATTACHMENT 6_ELINS items E001-E007 Period of Performance for the Option Year 4 is 1 October 2017 to 30 September 2018.

NOTE: Please ensure you are using the most current version of this Attachment.

Check all amendments for updates.

0010 1 Each

OPTION OPTION YEAR 4 IDIQ

FFP

Base wide Refuse Collection Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINS, SECTION J-0200000-08, Attachment 6 under file name: N69450-13-Q- 3083_ATTACHMENT 6_ELINS items E700-E703 Period of Performance for the Option Year 4 is 1 October 2017 to 30 September 2018.

NOTE: Please ensure you are using the most current version of this Attachment.

Check all amendments for updates.

INSTRUCTIONS

General Information/Instructions

1. CONTRACT TITLE: BASEWIDE REFUSE COLLECTION AT NAVAL AIR STATION FORT

WORTH JOINT RESERVE BASE, FORT WORTH TEXAS

2. CONTRACT TYPE: Award of this solicitation will result in a Combination Firm Fixed Price (FFP)/Indefinite Delivery Indefinite Quantity (IDIQ) contract.

3. NAICS CODE: The NAICS Code for this procurement is 562111. The small business size standard is $35,500,000.

4. COMPETITION ENVIRONMENT: This procurement is 100% set-aside for small business firms.

5. SERVICE REQUIREMENTS

The outcomes to be achieved include all labor, management, supervision, tools, materials, equipment, and transportation to effectively execute refuse collection services at Naval Air Station Fort Worth Joint Reserve Base (NAS Fort Worth JRB). Services include Annex 15 Facilities Support, Sub-annex 1503030 – Integrated Solid Waste Management. Specific requirements are stated in the Performance Work Statement (PWS). The outcomes for this acquisition are consistent with the FAR 37.101 definition of service contracts.

6. PROPOSAL DUE DATE: Proposal due date information is identified on the SF 1449, block 8, and/or as amended on any future SF 30s. Refer to these documents for date and time of proposal submission.

7. PROPOSAL REQUIREMENTS: Please ensure the following items are included when submitting your quotation:

a. SF1449 with the following completed:

1. blocks 17a and 30a through 30c completed. Make sure you cite your DUNS number and CAGE code on the face of your SF 1449 (block 17a)

2. ITEM NO. 0001 to 0010 completed on pages 3-8 of the SF1449.

b. Copy of clause 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--

COMMERCIAL ITEMS (DEC 2012) completed (pages 17-31).

c. Section J-0200000-08_ELINS_Attachment 6 completed for each line item (submit pages all 10 pages).

d. Provide three references for projects that you have completed within the last five (5) years that are similar in nature to the work required in this solicitation. Each reference must include the name, phone number, and email address of a person to contact.

e. Attachment 7 that provides bank and credit references. Each reference must include the name, phone number, and email address of person to contact.

(NOTE: Past performance information and bank references are obtained in accordance with FAR

9.104 to determine contractor responsibility).

8. PROPOSAL DELIVERY LOCATION: Proposals shall be delivered to the address below. Please clearly mark the RFQ number on the outside of the package:

NAS FORT WORTH JRB

PWD/FEAD Fort Worth ATTN: Ms. Annie Beaty 1215 Depot Avenue Fort Worth, Texas 76127

9. MEETING / SITE VISIT: There will be a site visit conducted on Thursday, August 15, 2013 at 10:00 AM CST. The site visit will be a bus tour of the base in order to show the locations of the dumpsters. The site visit will not view every dumpster location in the contract. We will only be viewing select locations in order to give a representation of what the contract Performance Work Statement (PWS) entails.

You must pre-register for the site visit by Tuesday August 13, 2013 at 12:00 p.m. CST with Annie Beaty via email at annie.beaty@navy.mil, with your company name and all names of personnel attending. The purpose of the site visit/meeting is to help firms gain a better understanding of the objectives of the acquisition. All firms are urged to attend this meeting/site visit, as the Government does NOT intend to have additional site visits for this procurement.

Once you have emailed the POC above they will confirm you with a return email instructing you where to meet.

Offerors should be properly prepared for attending a site visit, with appropriate safety gear available for inspecting the proposed work areas. Photographs of work areas are permitted so long as no other areas or Government personnel are photographed, due to security

10. INQUIRIES: Inquiries and questions on this Request for Quotation (RFQ) shall be submitted in writing electronically to the Contract Specialist, Annie Beaty, at annie.beaty@navy.mil. All RFIs must be received at least 7-days before proposals due date.

11. WAGE DETERMINATION (SERVICE) WAGE DECISION: Service Contract Act wage determinations are included in this solicitation.

12. CONTRACT TERM: This contract contains provisions for one (1) base period and a possible four (4) option years, not to exceed five (5) years in accordance with FAR 52.217-9, Option to Extend the Term of the Contract.

13. PERIOD OF ACCEPTANCE OF OFFERS: All quotes shall be guaranteed for 120 days from due date.

14. INVOICING INSTRUCTIONS: All invoices will be processed through Wide Area Work Flow (WAWF) pursuant to DFARS 252.232-7003 Electronic Submission of Payment Requests. Specific instructions are provided in clause 252.232-7006 Wide Area Workflow Payment Instructions.

15. GOVERNMENT PURCHASE CARD: Indefinite-Quantity work may be ordered at the prices offered by two ways: 1) by issuing a task order 2) or by an authorized Government user via a Government Purchase Card (GPC). When receiving GPC orders against the IQ ELINS, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.

16. CONTRACTOR SUPPORT OF ELECTRONIC FACILITIES SUPPORT CONTRACTING (E-

FSC): This procurement allows for the use of DoD EMALL for issuing orders.

17. PERFORMANCE WORK STATEMENT: This solicitation incorporates by reference a Performance Work Statement (PWS) developed by using NAVFAC performance-based specifications. The PWS consists of Annexes 1, 2 and 15. The contractor will be required to meet the specifications in those annexes.

18. INSTALLATION ACCESS: In order to access NAS FORT WORTH JRB, offerors shall contact the new Navy Commercial Access control System (NCACS – formally known as RAPIDGate), at info@rapidgate.com. Enrollment and cost information may be obtained by contacting RAPIDGATE at http://www.rapidgate.com/vendors/how-to-enroll, or calling 1-877-727-4342.

19. PRIOR CONTRACT INFORMATION:

The contract issued as a result of this solicitation will replace contract N69450-09-D-3061, which is due to expire on 30 September 2013. The following information applies to that contract. No assurances are made that workload and volume of future effort and costs will replicate past experience. This information is provided merely for informational purposes:

Contract Number N69450-09-D-3061

Allied Waste Industries Inc.

6100 Elliott Reeder Road Fort Worth, TX 76117

Base Year: 1 October 2008 to 30 September 2009; FFP $104,589.60 Option Year 1: 1 October 2009 to 30 September 2010; FFP $109,690.56 Option Year 2: 1 October 2010 to 30 September 2011; FFP $115,041.16 Option Year 3: 1 October 2011 to 30 September 2012; FFP $120,668.83 Option Year 4: 1 October 2012 to 30 September 2013; FFP $126,572.47

Pricing Information

1. PRICING OF CLINS:

The contract pricing is structured into 10 Contract Line Item Numbers (CLINs). The base year is covered by CLINs 0001 and 0002. Each of the four one-year option periods is likewise covered by two CLINs. The firm-fixed (FFP) price base year requirement and the overall guaranteed minimum for the contract is CLIN

0001. CLINs 0003, 0005, 0007, and 0009 account for the FFP requirements in each option period. CLINs 0002, 0004, 0006, 0008, and 0010 contain IDIQ requirements that are pre-priced as part of your offer.

Section B CLINs are supported by Section J Exhibit Line Item Numbers (ELINs). Before Pricing Section B, complete the Section J ELIN Attachment 6 spreadsheet. The attachment includes multiple worksheets, which must be completed. Submit the completed worksheets with your proposal in hard copy and electronic format. The attachment contains 10 pages, each corresponding to a Section B CLIN. They are identified for example, as: “Base Period FFP” (which is CLIN 0001), “Base Period IDIQ” (which is CLIN 0002), etc. “First Option Period FFP” (which is CLIN 0003), First Option Period IDIQ” (which is CLIN 0004), Second Option Period FFP” (which is CLIN 0005) etc. ELINS with prefix “A” support the Base Year, ELINs with prefix “B” support Option Period 1, ELINs with prefix “C” support Option Period 2.

ELINs with prefix “D” support Option Period 3, and ELINs with Prefix “E” support Option Period 4.

Therefore the total of ELINs A001 through A007 will be the amount you should enter in Section B CLIN 0001. The total of A700 through A703 will be the amount you should enter in Section B CLIN 0002. The total of B001 through B007 will be the amount you should enter in Section B CLIN 0003. And the total of B700 through B703 will be the amount you should enter in Section B CLIN 0004. Continue pricing accordingly and make sure that the total of each page of ELINs is equal to its corresponding CLIN value entered in Section B. The total of all Section J ELINs should equal the total of all Section B CLINs 0001 through 0010.

2. INDEFINITE QUANTITY ITEMS

Once the estimated quantities for individual line items shown in the Schedule have been ordered, additional quantities may be ordered as long as the overall not-to-exceed (NTE) amount of the contract is not exceeded and the Contractor agrees by signing the task order.

3. PRICING DISCREPANCIES

In the event there is a difference between the CLIN/ELIN unit price and the CLIN/ELIN extended total amount, the CLIN/ELIN unit price will be held to be the intended offer and the total amount shall be recomputed accordingly. In the event there is a discrepancy between the Section J ELIN pricing and the Section B CLIN price, the Section B CLIN will be held to be the intended offer. If the offeror provides a total amount for a CLIN or ELIN, but fails to enter the unit price, the total amount divided by the CLIN or ELIN quantity will be held to be the intended unit price.

4. PHASE-IN AND PHASE-OUT

Pricing shall include applicable Phase-In and Phase-Out costs. There is no separately priced CLIN for Phase-In and Phase-Out.

5. FULLY LOADED PRICING

All pricing, including FFP and IDIQ ELIN pricing, shall be fully loaded. No other allocations, fees, O/Hs, G&A, and profits will be applied when an option is exercised or work is ordered.

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2013 TO

30-SEP-2014

N/A NAVFAC SOUTHEAST

ANNIE C. BEATY

PWD FORT WORTH

1215 DEPOT AVE

NAS JRB FORT WORTH

FORT WORTH TX 76127-1215

N69450

0002 POP 01-OCT-2013 TO

30-SEP-2014

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2014 TO

30-SEP-2015

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-OCT-2014 TO

30-SEP-2015

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-OCT-2015 TO

30-SEP-2016

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-OCT-2015 TO

30-SEP-2016

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-OCT-2016 TO

30-SEP-2017

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-OCT-2016 TO

30-SEP-2017

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-OCT-2017 TO

30-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-OCT-2017 TO

30-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-7 Central Contractor Registration DEC 2012 52.209-7 Information Regarding Responsibility Matters FEB 2012 52.217-5 Evaluation Of Options JUL 1990 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001

52.223-10 Waste Reduction Program MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984 52.237-1 Site Visit APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.212-7000 Offeror Representations and Certifications- Commercial Items

JUN 2005

252.223-7004 Drug Free Work Force SEP 1988 252.232-7009 Mandatory Payment by Governmentwide Commercial

Purchase Card

DEC 2006

252.232-7010 Levies on Contract Payments DEC 2006 252.246-7003 Notification of Potential Safety Issues JAN 2007

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. 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. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"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 size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ballot] is, [ballot] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( ) has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of…