Solicitation_-_R15PS01233.pdf
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- Santa Ana Road Fence Replacement Federal contract opportunity
- Solicitation number
- R15PS01233
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RFQ R15PS01233
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| File | Type | Posted |
|---|---|---|
| Amendment_0002_SF30.pdf | ||
| R15PS01233_Fence_Replacement-Q A.pdf | ||
| SF-30 _Amendment_0001.pdf | ||
| SF-18_R15PS01233.pdf | ||
| D-B_Wage_Determination.pdf | ||
| SantaAnaRd_OpenSpace_Fencing_SOW_ExhibitC.jpg | JPG image | |
| SOW_R15PS01233.pdf |
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1 | P a g e
Request for Quotes. R15PS01233
| SIMPLIFIED | ACQUISITON | CONSTRUCTION |
| Table | of | Contents |
| Section | Documents |
| Section | A |
Standard Form 18 – Return (1 Copy)
Section B
Schedule of Supplies/Services – Return with Offer (1 Copy)
Section C Statement of Work
Section D Solicitation Provisions
Section E
Evaluation Criteria for Award
Section F
FAR 52.213‐01 ‐ Terms and Conditions – Other than Commercial Items
Section G
| Contract | Terms | and | Conditions | to | Implement | Statutes | or | Executive |
| Orders | – | Other | Than | Commercial | Items |
| Submit | Quote | by | or | to: | Bureau | of | Reclamation, | 2800 | Cottage | Way, | RM‐E‐1815, | Sacramento, | |||
| California | 95825‐1898 | or | to | edanger@usbr.gov, | Attention: | Erik | Danger, | Solicitation | No. | 15PS01233. | |||||
| Quote | is | due | on | 07/2/2015, | 2:00 | P.M. | PT. |
| Should | you | have | any | questions | regarding | this | solicitation, | please | contact | Mr. | Erik | Danger, | (916) | 978‐ |
| 5018, | edanger@mp.usbr.gov |
Attached:
| Statement | of | Work | (SOW) | R15PS01233 |
| Davis‐Bacon | Wage | Determination | CA150009 | CA9 |
R E C L A M A T I O N Managing Water in the West
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SOLICITATION, OFFER
| AND | AWARD | ||||
| (Construction, | Alteration, | or | Repair) |
1. SOLICITATION NO.
2. TYPE OF SOLICITATION
SIMPLIFIED ACQUISITION
REQUEST FOR QUOTE
REQUEST FOR PROPOSAL
3. DATE ISSUED
PAGES OF PAGES
| IMPORTANT | ‐ | The | "offer" | section | on | the | reverse | must | be | fully | completed | by | offeror. |
| 4. | CONTRACT | NO. | 5. | REQUISITION/PURCHASE | REQUEST | NO. |
6. PROJECT NO.
7. ISSUED BY CODE CT 8. ADDRESS OFFER TO
| U.S. | Bureau | of | Reclamation |
| 2800 | Cottage | Way, | |
| Sacramento, | CA | 95825‐1898 |
SAME AS BLOCK 7
9. FOR INFORMATION
A. NAME
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
| SOLICITATION | ||||||||||||||||
| NOTE: | In | sealed | bid | solicitations | "offer" | and | "offeror" | mean | "bid" | and | "bidder". | |||||
| 10. | THE | GOVERNMENT | REQUIRES | PERFORMANCE | OF | THE | WORK | DESCRIBED | IN | THESE | DOCUMENTS | (Title, | identifying | no., | date): |
DESIGN AND CONSTRUCTION OF :
| 11. | The | Contractor | shall | begin | performance | within | _8_________ | calendar | days | and | complete | it | within | __**___ | calendar | days | after | receiving | ||||||||||||||||||||
| award, | notice | to | proceed. | This | performance | period | is | mandatory, | negotiable. | (** | 540 | Calendar | Days | or | the | number | of | days | proposed | in | the | Offer, | whichever | is | less. | See | ||||||||||||
| the | Contract | Line | Item | Schedule.) |
| 12A. | THE | CONTRACTOR | MUST | FURNISH | ANY | REQUIRED | PERFORMANCE | AND | PAYMENT | BONDS? | (If | "YES," | indicate | |
| within | how | many | calendar | days | after | award | in | Item | 12B.) |
YES NO
12B. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
| A. | Sealed | offers | in | original | and | ___*____ | copies | to | perform | the | work | required | are | due | at | the | place | specified | in | Item | 8 | by__1400___ | (hour) | ||||
| local | time | (date). | If | this | is | a | sealed | bid | solicitation, | offers | must | be | publicly | opened | at | that | time. | Sealed | envelopes | ||||||||
| containing | offers | shall | be | marked | to | show | the | offeror's | name | and | address, | the | solicitation | number, | and | the | date | and | time | offers | are | due. |
B. An offer guarantee is, is not required.
| C. | All | offers | are | subject | to | the | (1) | work | requirements, | and | (2) | other | provisions | and | clauses | incorporated | in | the | solicitation | in | full | text | or | by |
| reference. |
| D. | Offers | providing | less | than | ____(90‐ | INSERT)_______ | calendar | days | for | Government | acceptance | after | the | date | offers | are | due | will | not | be | considered | and |
| will | be | rejected. |
NSN 7540‐01‐155‐3212 1442‐101
| STANDARD | FORM | 1442(REV. | 4‐85) |
| Prescribed | by | GSA | |
| FAR(48 | CFR) | 53.236‐1(e) |
4 | P a g e
| SECTION | B | |
| SCHEDULE | OF | SUPPLIES/SERVICES |
R15PS01233
SECTION B ‐ SUPPLIES OR SERVICES AND PRICES
Santa Ana Road Fence Replacement
B.1 DEFINTIONS
| (1) AU | – | Activity | Unit | is | used | solely | for | the | purposes | of | allowing | progress | payments | under | the |
| Department | of | Interior’s | Financial | & | Business | Management | System | (FBMS). | This | line | |||||
| represents | the | total | value | for | the | contract | price | schedule. |
B.2 BID SCHEDULE
This line should represent the total value of the contract price schedule
ITEM
NO.
SUPPLIES/SERVICES EST.
QTY
UNI
T
PRICE AMOUNT
| 0001 | The | Contractor | shall | provide | all |
| labor, | management, | supervision, | |||
| administration, | transportation, | ||||
| equipment, | tools, | and | supplies | ||
| necessary | to | meet | all | requirements | |
| of | the | Statement | of | Work |
1 AU $__________ $____________
Quotation Expiration Date: ______________
Contractor Representative’s Signature and Date
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| SECTION | C | |
| Statement | of | Work |
See Attached SOW
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| SECTION | D |
| Solicitation | Provisions |
| 52.203‐98, | Prohibition | on | Contracting | with | Entities | that | Require | Certain | Internal | Confidentiality | Agreements— |
| Representation | (DEVIATION | 2015‐02) |
| (a) | In | accordance | with | section | 743 | of | Division | E, | Title | VII, | of | the | Consolidated | and | Further | Continuing | Resolution | |
| Appropriations | Act, | 2015 | (Pub. | L. | 113‐235), | Government | agencies | are | not | permitted | to | use | funds | appropriated | (or | |||
| otherwise | made | available) | under | that | or | any | other | Act | for | contracts | with | an | entity | that | requires | employees | or | |
| subcontractors | of | such | entity | seeking | to | report | fraud, | waste, | or | abuse | to | sign | internal | confidentiality | agreements | or | ||
| statements | prohibiting | or | otherwise | restricting | such | employees | or | subcontractors | from | lawfully | reporting | such | fraud, | |||||
| waste, | or | abuse | to | a | designated | investigative | or | law | enforcement | representative | of | a | Federal | department | or | agency | ||
| authorized | to | receive | such | information. |
| (b) | The | prohibition | in | paragraph | (a) | of | this | provision | does | not | contravene | requirements | applicable | to | Standard | Form | |||
| 312, | Form | 4414, | or | any | other | form | issued | by | a | Federal | department | or | agency | governing | the | nondisclosure | of | classified | |
| information. |
| (c) | Representation. | By | submission | of | its | offer, | the | Offeror | represents | that | it | does | not | require | employees | or | ||||
| subcontractors | of | such | entity | seeking | to | report | fraud, | waste, | or | abuse | to | sign | internal | confidentiality | agreements | or | ||||
| statements | prohibiting | or | otherwise | restricting | such | employees | or | subcontractors | from | lawfully | reporting | such | waste, | |||||||
| fraud, | or | abuse | to | a | designated | investigative | or | law | enforcement | representative | of | a | Federal | department | or | agency | ||||
| authorized | to | receive | such | information. |
(End of provision)
52.204‐07 SYSTEM FOR AWARD MANAGEMENT JUL 2013
| (a) | Definitions. | As | used | in | this | provision— | |||||||||||||
| “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 | means | the | 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 | System | for | Award | ||
| Management | records | for | identifying | alternative | Electronic | Funds | Transfer | (EFT) | accounts | (see | the | FAR | at | Subpart | 32.11) | for | |||
| the | same | concern. | |||||||||||||||||
| “Registered | in | the | System | for | Award | Management | (SAM) | database” | means | that— | |||||||||
| (1) | The | Offeror | has | entered | all | mandatory | information, | including | the | DUNS | number | or | the | DUNS+4 | number, | the | Contractor | ||
| and | Government | Entity | (CAGE) | code, | as | well | as | data | required | by | the | Federal | Funding | Accountability | and | Transparency | Act | of | |
| 2006 | (see | Subpart | 4.14), | into | the | SAM | database; | and | |||||||||||
| (2) | The | offeror | has | completed | the | Core, | Assertions, | and | Representations | and | Certification, | 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 | Offeror | will | be | required | to | provide | consent | for | TIN | validation | to | the | Government |
| as | a | part | of | the | SAM | registration | process. | ||||||||||||
| (4) | The | Government | has | marked | the | record | “Active”. |
(b)
| (1) | By | submission | of | an | offer, | the | offeror | acknowledges | the | requirement | that | a | prospective | awardee | shall | be | registered | in | the | ||||
| SAM | database | prior | to | award, | during | performance, | and | through | final | payment | of | any | contract, | basic | agreement, | basic | ordering | ||||||
| agreement, | or | blanket | purchasing | agreement | resulting | from | this | solicitation. | |||||||||||||||
| (2) | The | offeror | shall | enter, | in | the | block | with | its | name | and | address | on | the | cover | page | of | its | offer, | the | annotation | “DUNS” | or |
| “DUNS+4” | followed | by | the | DUNS | or | DUNS+4 | number | that | identifies | the | offeror’s | name | and | address | exactly | as | stated | in | the | ||||
| offer. | The | DUNS | number | will | be | used | by | the | Contracting | Officer | to | verify | that | the | offeror | is | registered | in | the | SAM | database. |
8 | P a g e
| (c) | If | the | offeror | does | not | have | a | DUNS | number, | it | should | contact | Dun | and | Bradstreet | directly | to | obtain | one. | ||
| (1) | An | offeror | may | obtain | a | DUNS | number— | ||||||||||||||
| (i) | Via | the | internet | at | http://fedgov.dnb.com/webform | or | if | the | offeror | does | not | have | internet | access, | it | may | call | Dun | and | ||
| Bradstreet | at | 1‐866‐705‐5711 | if | located | within | the | United | States; | or | ||||||||||||
| (ii) | If | located | outside | the | United | States, | by | contacting | the | local | Dun | and | Bradstreet | office. | The | offeror | should | indicate | that | it | is |
| an | offeror | for | a | U.S. | Government | contract | when | contacting | the | local | Dun | and | Bradstreet | office. | |||||||
| (2) | The | offeror | should | be | prepared | to | provide | the | following | information: | |||||||||||
| (i) | Company | legal | business | name. | |||||||||||||||||
| (ii) | Tradestyle, | doing | business, | or | other | name | by | which | your | entity | is | commonly | recognized. | ||||||||
| (iii) | Company | physical | street | address, | city, | state | and | Zip | Code. | ||||||||||||
| (iv) | Company | mailing | address, | city, | state | and | Zip | Code | (if | separate | from | physical). | |||||||||
| (v) | Company | telephone | number. | ||||||||||||||||||
| (vi) | Date | the | company | was | started. | ||||||||||||||||
| (vii) | Number | of | employees | at | your | location. | |||||||||||||||
| (viii) | Chief | executive | officer/key | manager. | |||||||||||||||||
| (ix) | Line | of | business | (industry). | |||||||||||||||||
| (x) | Company | Headquarters | name | and | address | (reporting | relationship | within | your | entity). | |||||||||||
| (d) | If | the | Offeror | does | not | become | registered | in | the | SAM | database | in | the | time | prescribed | by | the | Contracting | Officer, | the | |
| Contracting | Officer | will | proceed | to | award | to | the | next | otherwise | successful | registered | Offeror. | |||||||||
| (e) | Processing | time, | which | normally | takes | 48 | hours, | should | be | taken | into | consideration | when | registering. | Offerors | who | are | not | |||
| registered | should | consider | applying | for | registration | immediately | upon | receipt | of | this | solicitation. | ||||||||||
| (f) | Offerors | may | obtain | information | on | registration | at | https://www.SAM.gov. |
(End of Provision)
52.204‐08 ANNUAL REPRESENTATIONS AND CERTIFICATIONS OCT 2014
(a)
| (1) | The | North | American | Industry | classification | System | (NAICS) | code | for | this | acquisition | is | 238990. | |||||||||
| (2) | The | small | business | size | standard | is | $15.0 | Million. | ||||||||||||||
| (3) | The | small | business | size | standard | for | a | concern | which | submits | an | offer | in | its | own | name, | other | than | on | a | construction | or |
| service | contract, | but | which | proposes | to | furnish | a | product | which | it | did | not | itself | manufacture, | is | 500 | employees. |
(b)
(1) If the provision at 52.204‐7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
| (2) | If | the | provision | at | 52.204‐7 | is | not | included | in | this | solicitation, | and | the | offeror | is | currently | registered | in | the | System | for |
| Award | Management | (SAM), | and | has | completed | the | Representations | and | Certifications | section | of | SAM | electronically, | the | offeror | ||||||
| may | choose | to | use | paragraph | (d) | of | this | provision | instead | of | completing | the | corresponding | individual | representations | and | |||||
| certification | in | the | solicitation. | The | offeror | shall | indicate | which | option | applies | by | checking | one | of | the | following | boxes: | ||||
| [X_] | (i) | Paragraph | (d) | applies. | |||||||||||||||||
| [_] | (ii) | Paragraph | (d) | does | not | apply | and | the | offeror | has | completed | the | individual | representations | and | certifications | in | the |
solicitation.
(c)
| (1) | The | following | representations | or | certifications | in | SAM | are | applicable | to | this | solicitation | as | indicated: | ||
| (i) | 52.203‐2, | Certificate | of | Independent | Price | Determination. | This | provision | applies | to | solicitations | when | a | firm‐fixed‐price | ||
| contract | or | fixed‐price | contract | with | economic | price | adjustment | is | contemplated, | unless— | ||||||
| (A) | The | acquisition | is | to | be | made | under | the | simplified | acquisition | procedures | in | Part | 13; | ||
| (B) | The | solicitation | is | a | request | for | technical | proposals | under | two‐step | sealed | bidding | procedures; | or | ||
| (C) | The | solicitation | is | for | utility | services | for | which | rates | are | set | by | law | or | regulation. | |
| (ii) | 52.203‐11, | Certification | and | Disclosure | Regarding | Payments | to | Influence | Certain | Federal | Transactions. | This | provision | |||
| applies | to | solicitations | expected | to | exceed | $150,000. | ||||||||||
| (iii) | 52.204‐3, | Taxpayer | Identification. | This | provision | applies | to | solicitations | that | do | not | include | the | provision | at | 52.204‐7, |
| System | for | Award | Management. | |||||||||||||
| (iv) | 52.204‐5, | Women‐Owned | Business | (Other | Than | Small | Business). | This | provision | applies | to | solicitations | that— | |||
| (A) | Are | not | set | aside | for | small | business | concerns; | ||||||||
| (B) | Exceed | the | simplified | acquisition | threshold; | and | ||||||||||
| (C) | Are | for | contracts | that | will | be | performed | in | the | United | States | or | its | outlying | areas. |
9 | P a g e
| (v) | 52.209‐2, | Prohibition | on | Contracting | with | Inverted | Domestic | Corporations—Representation. | This | provision | applies | to | ||||||
| solicitations | using | funds | appropriated | in | fiscal | years | 2008, | 2009, | 2010, | or | 2012. | |||||||
| (vi) | 52.209‐5; | Certification | Regarding | Responsibility | Matters. | This | provision | applies | to | solicitations | where | the | contract | value | is | |||
| expected | to | exceed | the | simplified | acquisition | threshold. | ||||||||||||
| (vii) | 52.214‐14, | Place | of | Performance‐‐Sealed | Bidding. | This | provision | applies | to | invitations | for | bids | except | those | in | which | the | |
| place | of | performance | is | specified | by | the | Government. | |||||||||||
| (viii) | 52.215‐6, | Place | of | Performance. | This | provision | applies | to | solicitations | unless | the | place | of | performance | is | specified | by | the |
Government.
| (ix) | 52.219‐1, | Small | Business | Program | Representations | (Basic | & | Alternate | I). | This | provision | applies | to | solicitations | when | the | ||||
| contract | will | be | performed | in | the | United | States | or | its | outlying | areas. | |||||||||
| (A) | The | basic | provision | applies | when | the | solicitations | are | issued | by | other | than | DoD, | NASA, | and | the | Coast | Guard. | ||
| (B) | The | provision | with | its | Alternate | I | applies | to | solicitations | issued | by | DoD, | NASA, | or | the | Coast | Guard. | |||
| (x) | 52.219‐2, | Equal | Low | Bids. | This | provision | applies | to | solicitations | when | contracting | by | sealed | bidding | and | the | contract | will | ||
| be | performed | in | the | United | States | or | its | outlying | areas. | |||||||||||
| (xi) | 52.222‐22, | Previous | Contracts | and | Compliance | Reports. | This | provision | applies | to | solicitations | that | include | the | clause | at | ||||
| 52.222‐26, | Equal | Opportunity. | ||||||||||||||||||
| (xii) | 52.222‐25, | Affirmative | Action | Compliance. | This | provision | applies | to | solicitations, | other | than | those | for | construction, | when | |||||
| the | solicitation | includes | the | clause | at | 52.222‐26, | Equal | Opportunity. | ||||||||||||
| (xiii) | 52.222‐38, | Compliance | with | Veterans' | Employment | Reporting | Requirements. | This | provision | applies | to | solicitations | when | |||||||
| it | is | anticipated | the | contract | award | will | exceed | the | simplified | acquisition | threshold | and | the | contract | is | not | for | acquisition | of | |
| commercial | items. | |||||||||||||||||||
| (xiv) | 52.223‐1, | Biobased | Product | Certification. | This | provision | applies | to | solicitations | that | require | the | delivery | or | specify | the | ||||
| use | of | USDA‐designated | items; | or | include | the | clause | at | 52.223‐2, | Affirmative | Procurement | of | Biobased | Products | Under | Service | ||||
| and | Construction | Contracts. | ||||||||||||||||||
| (xv) | 52.223‐4, | Recovered | Material | Certification. | This | provision | applies | to | solicitations | that | are | for, | or | specify | the | use | of, | EPA‐ | ||
| designated | items. | |||||||||||||||||||
| (xvi) | 52.225‐2, | Buy | American | Certificate. | This | provision | applies | to | solicitations | containing | the | clause | at | 52.225‐1. | ||||||
| (xvii) | 52.225‐4, | Buy | American‐‐Free | Trade | Agreements‐‐Israeli | Trade | Act | Certificate. | (Basic, | Alternates | I, | II, | and | III.) | This | |||||
| provision | applies | to | solicitations | containing | the | clause | at | 52.225‐ | 3. | |||||||||||
| (A) | If | the | acquisition | value | is | less | than | $25,000, | the | basic | provision | applies. | ||||||||
| (B) | If | the | acquisition | value | is | $25,000 | or | more | but | is | less | than | $50,000, | the | provision | with | its | Alternate | I | applies. |
| (C) | If | the | acquisition | value | is | $50,000 | or | more | but | is | less | than | $79,507, | the | provision | with | its | Alternate | II | applies. |
| (D) | If | the | acquisition | value | is | $79,507 | or | more | but | is | less | than | $100,000, | the | provision | with | its | Alternate | III | applies. |
| (xviii) | 52.225‐6, | Trade | Agreements | Certificate. | This | provision | applies | to | solicitations | containing | the | clause | at | 52.225‐5. | ||||||
| (xix) | 52.225‐20, | Prohibition | on | Conducting | Restricted | Business | Operations | in | Sudan‐‐Certification. | This | provision | applies | to | all |
solicitations.
| (xx) | 52.225‐25, | Prohibition | on | Contracting | with | Entities | Engaging | in | Certain | Activities | or | Transactions | Relating | to | Iran— | |
| Representation | and | Certification. | This | provision | applies | to | all | solicitations. | ||||||||
| (xxi) | 52.226‐2, | Historically | Black | College | or | University | and | Minority | Institution | Representation. | This | provision | applies | to | ||
| solicitations | for | research, | studies, | supplies, | or | services | of | the | type | normally | acquired | from | higher | educational | institutions; | and |
| (2) | The | following | certifications | are | applicable | as | indicated | by | the | Contracting | Officer: | |||||
| [Contracting | Officer | check | as | appropriate.] | ||||||||||||
| ___ | (i) | 52.222‐18, | Certification | Regarding | Knowledge | of | Child | Labor | for | Listed | End | Products. | ||||
| ___ | (ii) | 52.222‐48, | Exemption | from | Application | of | the | Service | Contract | Labor | Standards | to | Contracts | for | Maintenance, | |
| Calibration, | or | Repair | of | Certain | Equipment‐‐Certification. | |||||||||||
| ___ | (iii) | 52.222‐52 | Exemption | from | Application | of | the | Service | Contract | Labor | Standards | to | Contracts | for | Certain | Services‐‐ |
Certification.
| ___ | (iv) | 52.223‐9, | with | its | Alternate | I, | Estimate | of | Percentage | of | Recovered | Material | Content | for | EPA‐Designated | Products |
| (Alternate | I | only). | ||||||||||||||
| ___ | (v) | 52.227‐6, | Royalty | Information. | ||||||||||||
| ___ | (A) | Basic. | ||||||||||||||
| ___ | (B) | Alternate | I. | |||||||||||||
| ___ | (vi) | 52.227‐15, | Representation | of | Limited | Rights | Data | and | Restricted | Computer | Software. | |||||
| (d) | The | offeror | has | completed | the | annual | representations | and | certifications | electronically | via | the | SAM | Web | site | accessed |
| through | https://www.SAM.gov | . | After | reviewing | the | SAM | database | information, | the | offeror | verifies | by | submission | of | the | offer |
| that | the | representations | and | certifications | currently | posted | electronically | that | apply | to | this | solicitation | as | indicated | in |
10 | P a g e
| paragraph | (c) | of | this | provision | have | been | entered | or | updated | within | 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 | the | changes |
| identified | below | [offeror | to | insert | changes, | identifying | change | by | clause | number, | title, | date]. | 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. |
FAR Clause Title Date Change
| 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 | on | SAM. |
(End of Provision)
52.209‐7 Information Regarding Responsibility Matters JUL 2013
(a) Definitions. As used in this provision—
| “Administrative | proceeding” | means | a | non‐judicial | process | that | is | adjudicatory | in | nature | in | order | to | make | a | |||
| determination | of | fault | or | liability | (e.g., | Securities | and | Exchange | Commission | Administrative | Proceedings, | Civilian | ||||||
| Board | of | Contract | Appeals | Proceedings, | and | Armed | Services | Board | of | Contract | Appeals | Proceedings). | This | includes | ||||
| administrative | proceeding | at | the | Federal | and | State | level | but | only | in | connection | with | performance | of | a | Federal | contract | |
| or | grant. | It | does | not | include | agency | actions | such | as | contract | audits, | site | visits, | corrective | plans, | or | inspection | of |
deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means—
(1) The total value of all current, active contracts and grants, including all priced options; and
| (2) | The | total | value | of | all | current, | active | orders | including | all | priced | options | under | indefinite‐delivery, | indefinite‐ |
| quantity, | 8(a), | or | requirements | contracts | (including | task | and | delivery | and | multiple‐award | Schedules). |
| “Principal” | means | an | officer, | director, | owner, | partner, | or | a | person | having | primary | management | or | supervisory | ||
| responsibilities | within | a | business | entity | (e.g., | general | manager; | plant | manager; | head | of | a | division | or | business | segment; |
| and | similar | positions). |
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
| (c) | If | the | offeror | checked | “has” | in | paragraph | (b) | of | this | provision, | the | offeror | represents, | by | submission | of | this | offer, |
| that | the | information | it | has | entered | in | the | Federal | Awardee | Performance | and | Integrity | Information | System | (FAPIIS) | is | |||
| current, | accurate, | and | complete | as | of | the | date | of | submission | of | this | offer | with | regard | to | the | following | information: |
| (1) | Whether | the | offeror, | and/or | any | of | its | principals, | has | or | has | not, | within | the | last | five | years, | in | connection | with | the |
| award | to | or | performance | by | the | offeror | of | a | Federal | contract | or | grant, | been | the | subject | of | a | proceeding, | at | the | Federal |
| or | State | level | that | resulted | in | any | of | the | following | dispositions: |
(i) In a criminal proceeding, a conviction.
| (ii) | In | a | civil | proceeding, | a | finding | of | fault | and | liability | that | results | in | the | payment | of | a | monetary | fine, | penalty, |
| reimbursement, | restitution, | or | damages | of | $5,000 | or | more. |
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
11 | P a g e
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
| (iv) | In | a | criminal, | civil, | or | administrative | proceeding, | a | disposition | of | the | matter | by | consent | or | compromise | with | an |
| acknowledgment | of | fault | by | the | Contractor | if | the | proceeding | could | have | led | to | any | of | the | outcomes | specified | in |
| paragraphs | (c)(1)(i), | (c)(1)(ii), | or | (c)(1)(iii) | of | this | provision. |
| (2) | If | the | offeror | has | been | involved | in | the | last | five | years | in | any | of | the | occurrences | listed | in | (c)(1) | of | this | provision, |
| whether | the | offeror | has | provided | the | requested | information | with | regard | to | each | occurrence. |
| (d) | The | offeror | shall | post | the | information | in | paragraphs | (c)(1)(i) | through | (c)(1)(iv) | of | this | provision | in | FAPIIS | as |
| required | through | maintaining | an | active | registration | in | the | System | for | Award | Management | database | via | ||||
| https://www.acquisition.gov | (see | 52.204‐7). |
(End of provision)
| 52.225‐25 | Prohibition | On | Contracting | with | Entities | Engaging | in | Certain | Activities | DEC | 2012 |
| or | Transactions | Relating | to | IRAN‐Representation | and | Certifications |
(a) Definitions. As used in this provision‐
Person‐
(1) Means‐
(i) A natural person;
| (ii) | A | corporation, | business | association, | partnership, | society, | trust, | financial | institution, | insurer, | ||
| underwriter, | guarantor, | and | any | other | business | organization, | any | other | nongovernmental | entity, | ||
| organization, | or | group, | and | any | governmental | entity | operating | as | a | business | enterprise; | and |
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business enterprise.
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)). |
(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
| (c) | Except | as | provided | in | paragraph | (d) | of | this | provision | or | if | a | waiver | has | been | granted | in | accordance | with | 25.703‐4, |
| by | submission | of | its | offer, | the | offeror‐ |
| (1) | Represents, | to | the | best | of | its | knowledge | and | belief, | that | the | offeror | does | not | export | any | sensitive | technology | to | the | |
| government | of | Iran | or | any | entities | or | individuals | owned | or | controlled | by, | or | acting | on | behalf | or | at | the | direction | of, | the |
12 | P a g e government of Iran;
| (2) | Certifies | that | the | offeror, | or | any | person | owned | or | controlled | by | the | offeror, | does | not | engage | in | any | activities | for |
| which | sanctions | may | be | imposed | under | section | 5 | of | the | Iran | Sanctions | Act. | These | sanctioned | activities | are | in | the | areas | |
| of | development | of | the | petroleum | resources | of | Iran, | production | of | refined | petroleum | products | in | Iran, | sale | and | ||||
| provision | of | refined | petroleum | products | to | Iran, | and | contributing | to | Iran's | ability | to | acquire | or | develop | certain | ||||
| weapons | or | technologies; | and |
| (3) | Certifies | that | the | offeror, | and | any | person | owned | or | controlled | by | the | offeror, | does | not | knowingly | engage | in | any |
| transaction | that | exceeds | $3,000 | with | Iran's | Revolutionary | Guard | Corps | or | any | of | its | officials, | agents, | or | affiliates, | the | ||
| property | and | interests | in | property | of | which | are | blocked | pursuant | to | the | International | Emergency | Economic | Powers | ||||
| Act | (50 | U.S.C. | 1701 | et | seq.) | (see | OFAC's | Specially | Designated | Nationals | and | Blocked | Persons | List | at |
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
| (d) | Exception | for | trade | agreements. | The | representation | requirement | of | paragraph | (c)(1) | and | the | certification |
| requirements | of | paragraphs | (c)(2) | and | (c)(3) | of | this | provision | do | not | apply | if‐ |
| (1) | This | solicitation | includes | a | trade | agreements | notice | or | certification | (e.g., | 52.225‐4, | 52.225‐6, | 52.225‐12, | 52.225‐24, |
| or | comparable | agency | provision); | and |
| (2) | The | offeror | has | certified | that | all | the | offered | products | to | be | supplied | are | designated | country | end | products | or |
| designated | country | construction | material. |
(End of provision)
| WBR | 1452.225‐82 | Notice | of | World | Trade | Organization | Government | Procurement | MAY | 2005 | |
| Agreement | Evaluations | – | Bureau | of | Reclamation |
| In | accordance | with | the | Agreement | on | Government | Procurement, | as | amended | by | the | Uruguay | Round | Agreements | Act | |||
| (Pub. | L. | 103‐465), | and | other | trade | agreements, | FAR | Subpart | 25.4, | World | Trade | Organization | Government | |||||
| Procurement | Agreement, | applies | to | Bureau | of | Reclamation | acquisitions. | In | order | to | apply | trade | agreements | unique | to | |||
| Reclamation, | the | contracting | officer | will | (irrespective | of | any | other | provision | or | clause | of | this | solicitation) | evaluate | |||
| acquisitions | at | or | above | the | dollar | thresholds | listed | in | FAR | 25.402(b) | without | regard | to | the | restrictions | of | the | Buy |
| American | Act. |
(End of provision)
13 | P a g e
SECTION E
Evaluation
| (a) | The | Government | will | award | a | contract | resulting | from | this | solicitation | to | the | responsible | vendor | whose | offer | conforming | to |
| the | solicitation | will | be | most | advantageous | to | the | Government, | price | and | other | factors | considered. | The | following | factors | shall | be |
| used | to | evaluate | quotes: |
Factor 1 – License and Experience
| Quote | includes | sufficient | information | to | demonstrate | the | vendor | has | C‐13 | Fencing | License. | The | vendor | should | include | ||
| sufficient | information | for | the | Government | to | determine | that | they | have | successfully | supplied | the | same | or | very | similar | services |
| described | in | the | SOW | in | the | past. |
Factor 2 – Past Performance
The vendor does not have any instances of failure to deliver or of termination of a contract for cause/default.
RELATIVE ORDER OF IMPORTANCE:
| Technical | and | past | performance, | when | combined, | are | significantly | less | important | than | cost | or | price. | Award | will | be | made | to | the | |
| responsible | vendor | submitting | the | lowest | evaluated | price | meeting | or | exceeding | the | acceptability | standards | for | non‐cost/price | ||||||
| factors | and | any | significant | subfactors | listed | in | this | provision. |
(End of Provision)
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15 | P a g e
| SECTION | F | ||||||
| FAR | 52.213‐04 | (May | 2014) | Terms | and | Conditions | – |
(Other Than Commercial Items)
TERMS AND CONDITIONS ‐‐ SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (MAY 2015)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).
(ii) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).
(iii) 52.222‐26, Equal Opportunity (Apr 2015) (E.O. 11246).
| (iv) | 52.225‐13, | Restrictions | on | Certain | Foreign | Purchases | (Jun | 2008) | (E.O.s, | proclamations, | and | statutes | |
| administered | by | the | Office | of | Foreign | Assets | Control | of | the | Department | of | the | Treasury). |
(v) 52.233‐3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(vi) 52.233‐4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108‐77, 108‐78 (19 U.S.C. 3805 note)).
(2) Listed below are additional clauses that apply:
Clause
Title Date
52.202-01
Definitions NOV 2013
52.203-03
Gratuities APR 1984
52.203-05
Covenant Against Contingent Fees MAY 2014
52.203-06 Restrictions on Subcontractor Sales to the Government SEP 2006
52.203-07
Anti-Kickback Procedures MAY 2014
52.203-08
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
MAY 2014
52.203-10
Price or Fee Adjustment for Illegal or Improper Activity MAY 2014
52.203-12
Limitation on Payments to Influence Certain Federal Transactions OCT 2010
52.203-17
Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights
APR 2014
52.204-04
Printing/Copying Double-Sided on Recycled Paper MAY 2011
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
JUL 2013
52.204-13
System for Award Management Maintenance JUL 2013
52.204-19
Incorporation by Reference of Representations and Certifications DEC 2014
52.209-06
Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
AUG 2013
16 | P a g e
52.219-28
Post-Award Small Business Program Representation JUL 2013
52.222-04 Contract Work Hours and Safety Standards Act-Overtime Compensation
52.222-06
Construction Wage Rate Requirements MAY 2014
52.222-07
Withholding of Funds MAY 2014
52.222-08
Payrolls and Basic Records MAY 2014
52.222-09
Apprentices and Trainees JUL 2005
52.222-10
Compliance with Copeland Act Requirements FEB 1988
52.222-11
Subcontracts (Labor Standards) MAY 2014
52.222-12
Contract Termination – Debarment MAY 2014
52.222-13
Compliance with Construction Wage Rate Requirements and Related Act Regulations
52.222-14
Disputes Concerning Labor Standards FEB 1988
52.222-15
Certification of Eligibility MAY 2014
52.222-27
Affirmative Action Compliance Requirements for Construction FEB 1999
52.222-35
Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans
JUL 2014
52.222-36
Affirmative Action For Workers with Disabilities JUL 2014
52.222-37
Employment Reports on Veterans JUL 2014
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50
Combating Trafficking in Persons FEB 2009
52.222-54 Employment Eligibility Verification AUG 2013
52.222-55 Minimum Wages Under Executive Order 13658 DEC 2014
52.223-03 Alt I
Hazardous Material Identification and Material Safety Data (JAN 1997) - Alternate I
JUL 1995
52.223-04
Recovered Material Certification MAY 2008
52.223-05
Pollution Prevention and Right-to-Know Information MAY 2011
52.223-06
Drug Free Workplace MAY 2001
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
AUG 2011
52.225-05 Trade Agreements NOV 2013
52.227-01
Authorization and Consent DEC 2007
52.227-02
Notice And Assistance Regarding Patent And Copy Infringement DEC 2007
52.227-04 Patent Indemnity – Construction Contracts DEC 2007 52.232-05 Payments under Fixed-Price Construction Contracts MAY 2014
52.232-17
Interest MAY 2014
52.232-23
Assignment Of Claims MAY 2014
52.232-27
Prompt Payment for Construction Contracts MAY 2014
52.232-33
Payment by Electronic Funds Transfer – System for Award Management
JUL 2013
52.232-39
Unenforceability of Unauthorized Obligations JUN 2013
17 | P a g e
52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Deviation)
DEC 2013
52.233-01 Alt I
Disputes - Alternate I (DEC 1991) MAY 2014
52.236-02
Differing Site Conditions APR 1984
52.236-03
Site Investigation and Conditions Affecting the Work APR 1984
52.236-05
Material and Workmanship APR 1984
52.236-06
Superintendence by the Contractor APR 1984
52.236-07
Permits and Responsibilities NOV 1991
52.236-09
Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10
Operations and Storage Areas APR 1984
52.236-11
Use and Possession Prior to Completion APR 1984
52.236-12
Cleaning Up APR 1984
52.236-13
Accident Prevention NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
52.236-17 Layout of Work APR 1984
52.236-21 Specifications and Drawings for Construction FEB 1997
52.236-26 Preconstruction Conference FEB 1995
52.243-05
Changes and Changed Conditions APR 1984
52.249-02 Alt I
Termination for Convenience of the Government (Fixed-Price) (APR 2012) – Alternate I
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
| (i) | 52.204‐10, | Reporting | Executive | Compensation | and | First‐Tier | Subcontract | Awards | (Jul | 2013) | (Pub. | L. | 109‐ |
| 282) | (31 | U.S.C. | 6101 | note) | (Applies | to | contracts | valued | at | $25,000 | or | more). |
| (ii) | 52.222‐19, | Child | Labor—Cooperation | with | Authorities | and | Remedies | (Jan | 2014) | (E.O. | 13126). | (Applies | to |
| contracts | for | supplies | exceeding | the | micro‐purchase | threshold). |
| (iii) | 52.222‐20, | Contracts | for | Materials, | Supplies, | Articles, | and | Equipment | Exceeding | $15,000 | (May | 2014) | (41 | ||||
| U.S.C. | chapter | 65) | (Applies | to | supply | contracts | over | $15,000 | in | the | United | States, | Puerto | Rico, | or | the | U.S. |
| Virgin | Islands). |
| (iv) | 52.222‐35, | Equal | Opportunity | for | Veterans | (Jul | 2014) | (38 | U.S.C. | 4212) | (Applies | to | contracts | of | $100,000 |
| or | more). |
| (v) | 52.222‐36, | Equal | Employment | for | Workers | with | Disabilities | (Jul | 2014) | (29 | U.S.C. | 793) | (Applies | to | |||
| contracts | over | $15,000, | unless | the | work | is | to | be | performed | outside | the | United | States | by | employees | recruited | |
| outside | the | United | States.) | (For | purposes | of | this | clause, | “United | States” | includes | the | 50 | States, | the | District | of |
| Columbia, | Puerto | Rico, | the | Northern | Mariana | Islands, | American | Samoa, | Guam, | the | U.S. | Virgin | Islands, | and | |||
| Wake | Island.) |
18 | P a g e
| (vi) | 52.222‐37, | Employment | Reports | on | Veterans | (Jul | 2014) | (38 | U.S.C. | 4212) | (Applies | to | contracts | of |
| $100,000 | or | more). |
| (vii) | 52.222‐41, | Service | Contract | Labor | Standards | (May | 2014) | (41 | U.S.C. | chapter | 67) | (Applies | to | service | ||
| contracts | over | $2,500 | that | are | subject | to | the | Service | Contract | Labor | Standards | statute | and | will | be | performed |
| in | the | United | States, | District | of | Columbia, | Puerto | Rico, | the | Northern | Mariana | Islands, | American | Samoa, | Guam, | |
| the | U.S. | Virgin | Islands, | Johnston | Island, | Wake | Island, | or | the | outer | Continental | Shelf.) |
| (viii)(A) | 52.222‐50, | Combating | Trafficking | in | Persons | (Mar | 2015) | (22 | U.S.C. | chapter | 78 | and | E.O. | 13627) |
| (Applies | to | all | solicitations | and | contracts). |
| (B) | Alternate | I | (Mar | 2015) | (Applies | if | the | Contracting | Officer | has | filled | in | the | following | information |
| with | regard | to | applicable | directives | or | notices: | Document | title(s), | source | for | obtaining | document(s), | |||
| and | contract | performance | location | outside | the | United | States | to | which | the | document | applies). |
| (ix) | 52.222‐55, | Minimum | Wages | Under | Executive | Order | 13658 | (Dec | 2014) | (Executive | Order | 13658) | (Applies | ||||||
| when | 52.222‐6 | or | 52.222‐41 | are | in | the | contract | and | performance | in | whole | or | in | part | is | in | the | United | States |
| the | 50 | States | and | the | District | of | Columbia). |
| (x) | 52.223‐5, | Pollution | Prevention | and | Right‐to‐Know | Information | (May | 2011) | (E.O. | 13423) | (Applies | to |
| services | performed | on | Federal | facilities). |
| (xi) | 52.223‐15, | Energy | Efficiency | in | Energy‐Consuming | Products | (Dec | 2007) | (42 | U.S.C. | 8259b) | (Unless | exempt |
| pursuant | to | 23.204, | applies | to | contracts | when | energy‐consuming | products | listed | in | the | ENERGY | STAR® |
| Program | or | Federal | Energy | Management | Program | (FEMP) | will | be— |
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally‐controlled facility;
(C) Furnished by the Contractor for use by the Government; or
| (D) | Specified | in | the | design | of | a | building | or | work, | or | incorporated | during | its | construction, | renovation, |
| or | maintenance). |
| (xii) | 52.225‐1, | Buy | American | —Supplies | (May | 2014) | (41 | U.S.C. | chapter | 83) | (Applies | to | contracts | for | supplies, | |||
| and | to | contracts | for | services | involving | the | furnishing | of | supplies, | for | use | in | the | United | States | or | its | outlying |
| areas, | if | the | value | of | the | supply | contract | or | supply | portion | of | a | service | contract | exceeds | the | micro‐purchase | |
| threshold | and | the | acquisition‐‐ |
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502‐2), and does not exceed $25,000).
| (xiii) | 52.226‐6, | Promoting | Excess | Food | Donation | to | Nonprofit | Organizations | (May | 2014) | (42 | U.S.C. | 1792) | ||||||
| (Applies | to | contracts | greater | than | $25,000 | that | provide | for | the | provision, | the | service, | or | the | sale | of | food | in | the |
| United | States). |
| (xiv) | 52.232‐33, | Payment | by | Electronic | Funds | Transfer— | System | for | Award | Management | (Jul | 2013) | (Applies | |||||
| when | the | payment | will | be | made | by | electronic | funds | transfer | (EFT) | and | the | payment | office | uses | the | System | for |
| Award | Management | (SAM) | database | as | its | source | of | EFT | information.) |
| (xv) | 52.232‐34, | Payment | by | Electronic | Funds | Transfer—Other | than | System | for | Award | Management | (Jul | 2013) | |||||||
| (Applies | when | the | payment | will | be | made | by | EFT | and | the | payment | office | does | not | use | the | SAM | database | as | its |
| source | of | EFT | information.) |
| (xvi) | 52.247‐64, | Preference | for | Privately | Owned | U.S.‐Flag | Commercial | Vessels | (Feb | 2006) | (46 | U.S.C. | |||
| App.1241) | (Applies | to | supplies | transported | by | ocean | vessels | (except | for | the | types | of | subcontracts | listed | at |
47.504(d).)
19 | P a g e
(2) Listed below are additional clauses that may apply:
| (i) | 52.209‐6, | Protecting | the | Government’s | Interest | When | Subcontracting | with | Contractors | Debarred, | |
| Suspended, | or | Proposed | for | Debarment | (Aug | 2013) | (Applies | to | contracts | over | $30,000). |
(ii) 52.211‐17, Delivery of Excess Quantities (Sep 1989) (Applies to fixed‐price supplies).
(iii) 52.247‐29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).
(iv) 52.247‐34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).
| (c) | FAR | 52.252‐2, | Clauses | Incorporated | by | Reference | (Feb | 1998). | This | contract | incorporates | one | or | more | clauses | by | reference, | ||||||
| with | the | same | force | and | effect | as | if | they | were | given | in | full | text. | Upon | request, | the | Contracting | Officer | will | make | their | full | text |
| available. | Also, | the | full | text | of | a | clause | may | be | accessed | electronically | at | this/these | address(es): |
__________farsite.hill.af.mil_______________________________________
| (d) | Inspection/Acceptance. | The | Contractor | shall | tender | for | acceptance | only | those | items | that | conform | to | the | requirements | of | |||
| this | contract. | The | Government | reserves | the | right | to | inspect | or | test | any | supplies | or | services | that | have | been | tendered | for |
| acceptance. | The | Government | may | require | repair | or | replacement | of | nonconforming | supplies | or | reperformance | of | ||||||
| nonconforming | services | at | no | increase | in | contract | price. | The | Government | must | exercise | its | postacceptance | rights | ‐‐ |
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
| (e) | Excusable | delays. | The | Contractor | shall | be | liable | for | default | unless | nonperformance | is | caused | by | an | occurrence | beyond | the | ||||
| reasonable | control | of | the | Contractor | and | without | its | fault | or | negligence, | such | as | acts | of | God | or | the | public | enemy, | acts | of | the |
| Government | in | either | its | sovereign | or | contractual | capacity, | fires, | floods, | epidemics, | quarantine | restrictions, | strikes, | unusually | ||||||||
| severe | weather, | and | delays | of | common | carriers. | The | Contractor | shall | notify | the | Contracting | Officer | in | writing | as | soon | as | it | is | ||
| reasonably | possible | after | the | commencement | of | any | excusable | delay, | setting | forth | the | full | particulars | in | connection | therewith, | ||||||
| shall | remedy | such | occurrence | with | all | reasonable | dispatch, | and | shall | promptly | give | written | notice | to | the | Contracting | Officer | of | ||||
| the | cessation | of | such | occurrence. |
| (f) | Termination | for | the | Government’s | convenience. | The | Government | reserves | the | right | to | terminate | this | contract, | or | any | part | ||||
| hereof, | for | its | sole | convenience. | In | the | event | of | such | termination, | the | Contractor | shall | immediately | stop | all | work | hereunder | and | ||
| shall | immediately | cause | any | and | all | of | its | suppliers | and | subcontractors | to | cease | work. | Subject | to | the | terms | of | this | contract, | the |
| Contractor | shall | be | paid | a | percentage | of | the | contract | price | reflecting | the | percentage | of | the | work | performed | prior | to | the | notice | |
| of | termination, | plus | reasonable | charges | that | the | Contractor | can | demonstrate | to | the | satisfaction | of | the | Government, | using | its | ||||
| standard | record | keeping | system, | have | resulted | from | the | termination. | The | Contractor | shall | not | be | required | to | comply | with | the | |||
| cost | accounting | standards | or | contract | cost | principles | for | this | purpose. | This | paragraph | does | not | give | the | Government | any | right | |||
| to | audit | the | Contractor’s | records. | The | Contractor | shall | not | be | paid | for | any | work | performed | or | costs | incurred | that | reasonably | ||
| could | have | been | avoided. |
| (g) | Termination | for | cause. | The | Government | may | terminate | this | contract, | or | any | part | hereof, | for | cause | in | the | event | of | any | default |
| by | the | Contractor, | or | if | the | Contractor | fails | to | comply | with | any | contract | terms | and | conditions, | or | fails | to | provide | the | |
| Government, | upon | request, | with | adequate | assurances | of | future | performance. | In | the | event | of | termination | for | cause, | the | |||||
| Government | shall | not | be | liable | to | the | Contractor | for | any | amount | for | supplies | or | services | not | accepted, | and | the | Contractor | shall | |
| be | liable | to | the | Government | for | any | and | all | rights | and | remedies | provided | by | law. | If | it | is | determined | that | the | Government |
| improperly | terminated | this | contract | for | default, | such | termination | shall | be | deemed | a | termination | for | convenience. |
| (h) | Warranty. | The | Contractor | warrants | and | implies | that | the | items | delivered | hereunder | are | merchantable | and | fit | for | use | for | the |
| particular | purpose | described | in | this | contract. |
(End of Clause)
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52.203‐99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (MAR
2015)
| (a) | The | contractor | shall | not | require | employees | or | subcontractors | seeking | to | report | fraud, | waste, | or | abuse | to | sign | or | ||||
| comply | with | internal | confidentiality | agreements | or | statements | prohibiting | or | otherwise | restricting | such | employees | or | |||||||||
| subcontractors | from | lawfully | reporting | such | fraud, | waste, | or | abuse | to | a | designated | investigative | or | law | enforcement | |||||||
| representative | of | a | Federal | department | or | agency | authorized | to | receive | such | information. |
| (b) | The | contractor | shall | notify | employees | that | the | prohibition | and | restrictions | of | any | internal | confidentiality | ||||
| agreements | covered | by | this | clause | are | no | longer | in | effect. |
| (c) | The | prohibition | in | paragraph | (a) | of | this | clause | does | not | contravene | requirements | applicable | to | Standard | Form | ||||
| 312, | Form | 4414, | or | any | other | form | issued | by | a | Federal | department | or | agency | governing | the | nondisclosure | of | classified |
information.
| (d)(1) | In | accordance | with | section | 743 | of | Division | E, | Title | VII, | of | the | Consolidated | ||||||
| and | Further | Continuing | Resolution | Appropriations | Act, | 2015 | (Pub. | L. | 113‐235), | use | of | funds | appropriated | (or | otherwise | made | |||
| available) | under | that | or | any | other | Act | may | be | prohibited, | if | the | Government | determines | that | the | contractor | is | not | in |
| compliance | with | the | provisions | of | this | clause. |
| (2) | The | Government | may | seek | any | available | remedies | in | the | event | the | contractor | fails | to | comply | with | the | provisions | |||
| of | this | clause. |
(End of clause)
FAR 52.203‐17 Contractor Employee Whistleblower Rights and Requirement SEP 2013 to Inform Employees of Whistleblower Rights
| a) | This | contract | and | employees | working | on | this | contract | will | be | subject | to | the | whistleblower | rights | and | remedies | in |
| the | pilot | program | on | Contractor | employee | whistleblower | protections | established | at | 41 | U.S.C. | 4712 | by | section | 828 | of | ||
| the | National | Defense | Authorization | Act | for | Fiscal | Year | 2013 | (Pub. | L. | 112‐239) | and | FAR | 3.908. |
| (b) | The | Contractor | shall | inform | its | employees | in | writing, | in | the | predominant | language | of | the | workforce, | of | employee |
| whistleblower | rights | and | protections | under | 41 | U.S.C. | 4712, | as | described | in | section | 3.908 | of | the | Federal | Acquisition |
Regulation.
| (c) | The | Contractor | shall | insert | the | substance | of | this | clause, | including | this | paragraph | (c), | in | all | subcontracts | over | the |
| simplified | acquisition | threshold. |
(End of clause)
FAR 52.209‐09 Updates of Publicly Available Information SEP 2013
Regarding Responsibility Matters
| (a) | The | Contractor | shall | update | the | information | in | the | Federal | Awardee | Performance | and | Integrity | Information | ||||
| System | (FAPIIS) | on | a | semi‐annual | basis, | throughout | the | life | of | the | contract, | by | posting | the | required | information | in | the |
| System | for | Award | Management | database | via | https://www.acquisition.gov. |
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111‐212), all information
21 | P a g e
| posted | in | FAPIIS | on | or | after | April | 15, | 2011, | except | past | performance | reviews, | will | be | publicly | available. | FAPIIS | consist |
| of | two | segments— |
| (1) | The | non‐public | segment, | into | which | Government | officials | and | the | Contractor | post | information, | which | can | only | be |
| viewed | by— |
(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
| (2) | The | publicly‐available | segment, | to | which | all | data | in | the | non‐public | segment | of | FAPIIS | is | automatically | transferred |
| after | a | waiting | period | of | 14 | calendar | days, | except | for‐‐ |
(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
| (iii) | Information | that | is | withdrawn | during | the | 14‐calendar‐day | waiting | period | by | the | Government | official | who | posted |
| it | in | accordance | with | paragraph | (c)(1) | of | this | clause. |
(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.
| (1) | If | the | Contractor | asserts | in | writing | within | 7 | calendar | days, | to | the | Government | official | who | posted | the | information, |
| that | some | of | the | information | posted | to | the | non‐public | segment | of | FAPIIS | is | covered | by | a | disclosure | exemption | under |
| the | Freedom | of | Information | Act, | the | Government | official | who | posted | the | information | must | within | 7 | calendar | days | ||
| remove | the | posting | from | FAPIIS | and | resolve | the | issue | in | accordance | with | agency | Freedom | of | Information | procedures, | ||
| prior | to | reposting | the | releasable | information. | The | contractor | must | cite | 52.209‐9 | and | request | removal | within | 7 | |||
| calendar | days | of | the | posting | to | FAPIIS. |
| (2) | The | Contractor | will | also | have | an | opportunity | to | post | comments | regarding | information | that | has | been | posted | by | the | |
| Government. | The | comments | will | be | retained | as | long | as | the | associated | information | is | retained, | i.e., | for | a | total | period | of |
| 6 | years. | Contractor | comments | will | remain | a | part | of | the | record | unless | the | Contractor | revises | them. |
| (3) | As | required | by | section | 3010 | of | Pub. | L. | 111‐212, | all | information | posted | in | FAPIIS | on | or | after | April | 15, | 2011, | except |
| past | performance | reviews, | will | be | publicly | available. |
| (d) | Public | requests | for | system | information | posted | prior | to | April | 15, | 2011, | will | be | handled | under | Freedom | of |
| Information | Act | procedures, | including, | where | appropriate, | procedures | promulgated | under | E.O. | 12600. |
(End of clause)
52.228‐13 ‐‐ Alternative Payment Protections (Jul 2000)
(a) The Contractor shall submit one of the following payment protections:
| (i) | A | payment | bond. | |||
| (ii) | An | irrevocable | letter | of | credit | (ILC). |
22 | P a g e
| The | contractor | shall | furnish | all | bonds | or | alternative | payment | protection, | including | any | necessary | reinsurance | agreements, |
| before | receiving | a | notice | to | proceed | with | the | work | or | being | allowed | to | start | work. |
| (b) | The | amount | of | the | payment | protection | shall | be | 100 | percent | of | the | contract | price. | |||||||
| (c) | The | submission | of | the | payment | protection | is | required | within | __7___ | days | of | contract | award. | |||||||
| (d) | The | payment | protection | shall | provide | protection | for | the | full | contract | performance | period | plus | a | one‐year | period. | |||||
| (e) | Except | for | escrow | agreements | and | payment | bonds, | which | provide | their | own | protection | procedures, | the | Contracting | Officer | |||||
| is | authorized | to | access | funds | under | the | payment | protection | when | it | has | been | alleged | in | writing | by | a | supplier | of | labor | or |
| material | that | a | nonpayment | has | occurred, | and | to | withhold | such | funds | pending | resolution | by | administrative | or | judicial | |||||
| proceedings | or | mutual | agreement | of | the | parties. | |||||||||||||||
| (f) | When | a | tripartite | escrow | agreement | is | used, | the | Contractor | shall | utilize | only | suppliers | of | labor | and | material | that | signed | the | |
| escrow | agreement. |
(End of Clause)
FAR 52.232‐39 Unforceability of Unauthorized Obligates 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 | similar | legal | instrument | or | agreement, | that |
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