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R16PS00670 - Stainless Steel Ball Type Duplex Basket Strainers for Hoover Dam - IDIQ Combined Synopsis/Solicitation
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
(ii) To facilitate electronic quote submissions through FedBizOpps, a request for quote (RFQ No.
R16PS00670) is being issued subsequent to this combined solicitation/synopsis. (The RFQ and all associated documents may be found by going to the following website: https://www.fedconnect.net/, then clicking on “Search Public Opportunities Only”, and then searching by “Reference Number”
R16PS00670.
(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular number 2005-88.
(iv) This requirement is a total small business set-aside. The North American Industry Classification System (NAICS) Code for this acquisition is: 333999 ‐ All Other Miscellaneous General Purpose Machinery Manufacturing. The small business size standard for NAICS Code 333999 is 500 employees.
(v) The Bureau of Reclamation, Lower Colorado Dams Office, needs various sizes of Stainless Steel Duplex Strainers to be delivered on an as-needed basis. Strainer baskets capture large size invasive species (quaggas) to prevent clogging water-cooled heat exchangers forcing equipment out of service.
Ball Type Duplex Basket Strainer Specifications (see attachment posted at https://www.fedconnect.net/):
1 inch Pipe Size -- -Stainless steel body and baskets -Strainers with two isolated chambers allows one to remain in service while the clogged chamber basket is cleaned -Threaded 1” NPT connectors -5/32” perforations in the stainless steels baskets -ASTM A-351 grade CF8M stainless steel metal alloy in strainers -Removable diverter cartridge seals and isolate the basket chambers during cleaning -One (1) drain plug per basket -Seat/seal materials shall be compatible with stainless steel (example TFE/Viton) -Standard foot mounting pads -ANSI Class 150 -Inlet/outlet connections per ANSI Standards -Pressure rate shall be a minimum of 120psi at 150 degrees F -Max. working pressure: 200 PSI at 150 degrees F (13.8 BAR at 65.5 degrees C).
-Strainer handle's position indicates which basket well is in operation (safety feature).
-Approximate weight 1” threaded (model 53BTX) = 41 pounds, assembled -An example of an acceptable product is EATON ball type duplex basket strainer, Model 53BTX, 1” size
2 inch Pipe Size -- -Stainless steel body and baskets -Strainers with two isolated chambers allows one to remain in service while the clogged chamber basket is cleaned -2" flange (150 psi) end connections
-5/32” perforations in the stainless steels baskets -ASTM A-351 grade CF8M stainless steel metal alloy in strainers -Removable diverter cartridge seals and isolate the basket chambers during cleaning -One (1) drain plug per basket -Seat/seal materials shall be compatible with stainless steel (example TFE/Viton) -Standard foot mounting pads -ANSI Class 150 -Inlet/outlet connections per ANSI Standards -Pressure rate shall be a minimum of 120psi at 150 degrees F -Max working pressure: 200 PSI @ 150 degrees F (13.8 BAR @ 65.5 degrees C).
-Strainer handle's position indicates which basket well is in operation (safety feature).
-Approximate weight 2" Flange (model 52BTX) = 185 pounds, assembled -An example of an acceptable product is EATON ball type duplex basket strainer, Model 53BTX, 2” size
3 inch Pipe Size -- -Stainless steel body and baskets -Strainers with two isolated chambers allows one to remain in service while the clogged chamber basket is cleaned -3” flange connectors -5/32” perforations in the stainless steels baskets -ASTM A-351 grade CF8M stainless steel metal alloy in Eaton Strainers -Removable diverter cartridge seals and isolates the basket chambers during cleaning -One (1) drain plug per basket -Seat/seal materials shall be compatible with stainless steel (example TFE/Viton) -Standard foot mounting pads -ANSI Class 150 -Inlet/outlet connections per ANSI Standards -Pressure rate shall be a minimum of 120psi at 150 degrees F -Max. working pressure: 200 PSI at 150 degrees F (13.8 BAR at 65.5 degrees C).
-Strainer handle's position indicates which basket well is in operation (safety feature).
-Approximate weight 3" Flange (53BTX) = 432 pounds, assembled -An example of an acceptable product is EATON ball type duplex basket strainer, Model 53BTX, 3” size
4 inch Pipe Size -- -Stainless steel body and baskets -Strainers with two isolated chambers allows one to remain in service while the clogged chamber basket is cleaned -4” flange connectors -5/32” perforations in the stainless steels baskets -ASTM A-351 grade CF8M stainless steel metal alloy in Eaton Strainers -Removable diverter cartridge seals and isolates the basket chambers during cleaning -One (1) drain plug per basket -Seat/seal materials shall be compatible with stainless steel (example TFE/Viton) -Standard foot mounting pads -ANSI Class 150 -Inlet/outlet connections per ANSI Standards -Pressure rate shall be a minimum of 120psi at 150 degrees F -Max. working pressure: 200 PSI at 150 degrees F (13.8 BAR at 65.5 degrees C).
-Strainer handle's position indicates which basket well is in operation (safety feature).
-Approximate weight 4" Flange (53BTX) = 432 pounds, assembled -An example of an acceptable product is EATON ball type duplex basket strainer Model 53BTX, 4” size
6 inch Pipe Size -- -Stainless steel body and baskets -Strainer with two isolated chambers to allow one to remain in service while the clogged chamber strainer is cleaned -6” flange connectors -5/32” perforations in the stainless steels baskets -ASTM A-351 grade CF8M stainless steel metal alloy in Eaton Strainers -Includes diverter cartridge to seal and isolate the basket chambers during cleaning -One (1) drain plug per basket -Seat/seal materials shall be compatible with stainless steel (example TFE/Viton) -Pressure rate shall be a minimum of 120psi at 150 degrees F -Standard foot mounting pads -ANSI Class 150 -Inlet/outlet connections per ANSI Standards.
-Max. working pressure: 200 PSI at 150 degrees F (13.8 BAR at 65.5 degrees C).
-Strainer handle's position indicates which basket well is in operation (safety feature).
-Approximate weight 6" Flange (model 50) = 615 pounds, assembled -An example of an acceptable product is EATON ball type duplex basket strainer, Model 50, 6” size
Delivery: All items shall be delivered to the Hoover Dam Central Warehouse, Boulder City, NV.
Offerors shall provide pricing (which includes shipping) with yearly unit prices for each size strainer, as follows (see price schedule in attachment posted at https://www.fedconnect.net/):
CLIN 0010 - Price Schedule 1 - Year One (Est. 08/01/2016 - 07/30/2017), see price schedule in attachment posted at https://www.fedconnect.net/ Item No. 1-1, 1” Stainless Steel Duplex Strainer Item No. 1-2, 2” Stainless Steel Duplex Strainer Item No. 1-3, 3” Stainless Steel Duplex Strainer Item No. 1-4, 4” Stainless Steel Duplex Strainer Item No. 1-5, 6” Stainless Steel Duplex Strainer
CLIN 0020 - Price Schedule 2 - Year Two (Est. 08/01/2017 - 07/30/2018), see price schedule in attachment posted at https://www.fedconnect.net/ Item No. 2-1, 1” Stainless Steel Duplex Strainer Item No. 2-2, 2” Stainless Steel Duplex Strainer Item No. 2-3, 3” Stainless Steel Duplex Strainer Item No. 2-4, 4” Stainless Steel Duplex Strainer Item No. 2-5, 6” Stainless Steel Duplex Strainer
CLIN 0030 - Price Schedule 3 - Year Three (Est. 08/01/2018 - 07/30/2019), see price schedule in attachment posted at https://www.fedconnect.net/ Item No. 3-1, 1” Stainless Steel Duplex Strainer Item No. 3-2, 2” Stainless Steel Duplex Strainer Item No. 3-3, 3” Stainless Steel Duplex Strainer Item No. 3-4, 4” Stainless Steel Duplex Strainer Item No. 3-5, 6” Stainless Steel Duplex Strainer
CLIN 0040 - Price Schedule 4 - Year Four (Est. 08/01/2019 - 07/30/2020), see price schedule in attachment posted at FedConnect.net Item No. 4-1, 1” Stainless Steel Duplex Strainer
Item No. 4-2, 2” Stainless Steel Duplex Strainer Item No. 4-3, 3” Stainless Steel Duplex Strainer Item No. 4-4, 4” Stainless Steel Duplex Strainer Item No. 4-5, 6” Stainless Steel Duplex Strainer
CLIN 0050 - Price Schedule 5 - Year Five (Est. 08/01/2020 - 07/30/2021), see price schedule in attachment posted at https://www.fedconnect.net/ Item No. 5-1, 1” Stainless Steel Duplex Strainer Item No. 5-2, 2” Stainless Steel Duplex Strainer Item No. 5-3, 3” Stainless Steel Duplex Strainer Item No. 5-4, 4” Stainless Steel Duplex Strainer Item No. 5-5, 6” Stainless Steel Duplex Strainer
*Price Schedule Attachment Note: Unit pricing is required on all lines, even if estimated quantity is zero, as these quantities are subject to change.
In addition, Reclamation intends to award the first Delivery Order upon award. The unit prices from Price Schedule 1 will be used in the order.
(vi) The Bureau of Reclamation has a requirement for a contractor to deliver varying sizes of stainless steel duplex strainers, in accordance with the specifications, on an as-needed basis.
(vii) The performance period is estimated to be August 1, 2016 through July 30, 2021. All deliveries shall be made to Bureau of Reclamation, Hoover Dam Central Warehouse, South U.S. Highway 93, SR 172, Boulder City, NV, 89005. Deliveries will be accepted between 7:30 A.M. to 3:30 P.M., Pacific Time, Monday through Friday only, excluding Federal Holidays.
The following clauses and provisions are applicable to this commercial item acquisition:
(viii) FAR provision 52.212-1, Instructions to Offerors - Commercial Items
(ix) Determination of award will be based on the lowest-priced, responsive quote, received from a responsible offeror. The offeror must meet all of the listed salient characteristics in order to be considered responsive.
All offerors must include the following with their offer: 1) Completed Salient Characteristics Confirmation Form, 2) Cut sheet(s) for all items quoted, and 3) Completed Pricing Schedule (including any relevant delivery information, e.g. lead time). All documents are attached to the RFQ at https://www.fedconnect.net/.
In order to determine the responsibility of the Offeror, the Government has the right to contact former customer and Government agencies, and other private/public sources of information. The Government may also use past performance information obtained from other than the sources identified by the Offeror.
Information obtained from the Past Performance Information Retrieval System (PPIRS) database located at https://www.ppirs.gov/ is one of the sources that will be utilized.
(x) FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Items Offerors are advised include with their offer, a completed copy of the provision 52.212-3, or indicate completion of the provision online. Offerors may complete the annual representations and certifications online at https://www.sam.gov/.
(xi) FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items.
(xii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items.
The following additional FAR clauses cited in this clause are applicable to the acquisition:
52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Award 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.219-6, Notice of Total Small Business Aside 52.219-13, Notice of Set-Aside of Orders 52.219-14, Limitations on Subcontracting 52.219-28, Post Award Small Business Program Rerepresentation 52.222-3, Convict Labor 52.222-19, Child Labor-Cooperation with Authorities and Remedies 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-37, Employment Reports on Veterans 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving 52.225-5, Trade Agreements 52.225-13, Restrictions on Certain Foreign Purchases 52.232-29, Terms for Financing of Purchases of Commercial Items 52.232-33, Payment by Electronic Funds Transfer-System for Award Management
(xiii) Additional contract requirements include the following clauses and provisions:
- 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (Deviation)
- 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation)
- 52.216-18, Ordering
- 52.216-19, Order Limitations
- 52.216-22, Indefinite Quantity
- 52.232-40, Providing Accelerated Payment to Small Business Subcontractors
- 52.242-15, Stop-Work Order
- 52.252-2, Clauses Incorporated by Reference
- 52.252-6, Authorized Deviations in Clauses
- 1452.215-71, Use and Disclosure of Proposal Information-Department of the Interior
- 1452.211-80, Notice of Intent to Acquire Metric Products and Services-Bureau of Reclamation
- DOI-AAAP-0028, Electronic Invoicing and Payment Requirements-Invoice Processing Platform (IPP)
- Minimum and Maximum Ordering Quantities (IDIQ Contract)-Bureau of Reclamation-Lower Colorado Region
Clauses and provisions attachment included at https://www.fedconnect.net/ in order to show relevant fill-in text, under certain applicable clauses.
(xiv) Not Applicable
(xv) All questions shall be submitted via email to jschilke@usbr.gov no later than Friday, July 15, 2016 by 4:00 P.M., PT.
Offers are due Thursday, July 21, 2016 by 5:00 P.M., PT. Responsible offerors are requested to submit a quote for this requirement. Offers shall be submitted electronically through FedBizOpps or via email to jschilke@usbr.gov. All offerors must include the following with their offer: 1) Completed Salient Characteristics Confirmation Form, 2) Cut sheet(s) for all items quoted, and 3) Completed Pricing Schedule. All documents are attached to the RFQ at https://www.fedconnect.net/.
(xvi) The Point of Contact for this solicitation is Ms. Jennalyn Schilke. She may be reached via e-mail at jschilke@usbr.gov, or by phone at 702-293-8030.
Clauses & Provisions
Document No.
R16PS00670
Document Title
Stainless Steel Ball Type Duplex Basket Strainers for Hoover - IDIQ
CLAUSES
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): FAR Clauses – https://www.acquisition.gov/far/
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES - (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS - (MAY 2015)
ADDENDUM TO 52.212-4
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS -
(DEC 2013)
ADDENDUM TO 52.212-4
52.242-15 STOP-WORK ORDER - (AUG 1989)
ADDENDUM TO 52.212-4
DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE
PROCESSING PLATFORM (IPP) - APR 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
'Payment request' means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
Copy of Contractor-Generated Invoice________
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
ADDENDUM TO 52.212-4
52.216-18 ORDERING OCTOBER 1995
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from August 1, 2016 through July 30, 2021.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
ADDENDUM TO 52.212-4
52.216-19 ORDER LIMITATIONS OCTOBER 1995
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $150,000;
(2) Any order for a combination of items in excess of $300,000; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph
(b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
ADDENDUM TO 52.212-4
52.216-22 INDEFINITE QUANTITY OCTOBER 1995
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract after December 29, 2021.
ADDENDUM TO 52.212-4
MINIMUM AND MAXIMUM ORDERING QUANTITIES (INDEFINITE DELIVERY, INDEFINITE
QUANTITY CONTRACT)--BUREAU OF RECLAMATION-LOWER COLORADO REGION
The Government will order and the contractor shall furnish at least the minimum and not to exceed the following maximum quantity of supplies or services during the term of this contract:
GUARANTEED MINIMUM (over 5 year term): $70,000.00
NOT TO EXCEED MAXIMUM (over 5 year term): $440,000.00
Once the Guaranteed Minimum is met, the Government has no further ordering obligations under this contract.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS – COMMERCIAL ITEMS - (MAR 2016)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[_] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)
[_] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[_] (5) [Reserved].
[_] (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
[_] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
[_] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
[_] (10) [Reserved].
[_] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
[_](ii) Alternate I (Nov 2011) of 52.219-3.
[_] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[_] (ii) Alternate I (Jan 2011) of 52.219-4.
[_] (13) [Reserved]
[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
[_] (ii) Alternate I (Nov 2011).
[_] (iii) Alternate II (Nov 2011).
[_] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
[_] (ii) Alternate I (Oct 1995) of 52.219-7.
[_](iii) Alternate II (Mar 2004) of 52.219-7.
[_] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
[_] (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).
[_] (ii) Alternate I (Oct 2001) of 52.219-9.
[_] (iii) Alternate II (Oct 2001) of 52.219-9.
[_](iv) Alternate III (Oct 2015) of 52.219-9.
[X] (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
[X] (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
[_] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[_] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
[X] (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).
[_] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
[_](24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).
[X] (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
[X] (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[X] (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
13627).
[_] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[_] (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[_](35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[_] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[_] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
[_](ii) Alternate I (Oct 2015) of 52.223-13.
[_] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
[_] (ii) Alternate I (Jun 2014) of 52.223-14.
[_] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
[_](39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
[_] (ii) Alternate I (Jun 2014) of 52.223-16.
[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
[_] (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
[_] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.
L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
[_] (ii) Alternate I (May 2014) of 52.225-3.
[_] (iii) Alternate II (May 2014) of 52.225-3.
[_] (iv) Alternate III (May 2014) of 52.225-3.
[X] (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[_] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[_] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[_] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[X] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[_] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
[X] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
[_] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[_] (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[_] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[_] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[_] (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[_] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
[_] (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
[_] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[_] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[_] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[_](6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
[_](7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
[_] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016)
[_] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.
1792).
[_](10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212)
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xi) [X] (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
[_] (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016)
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
ADDENDUM TO 52.212-5
52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-02) - (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)
**END OF CLAUSES**
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PROVISIONS
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE - (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
FAR Provisions – https://www.acquisition.gov/far/
ADDENDUM TO 52.212-1
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS - (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.
(b) The use in this solicitation of any Department of the Interior Acquisition Regulation (48 CFR Chapter
14) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS - (OCT 2015)
ADDENDUM TO 52.212-1
This addendum replaces the term “offer” with “quote” within the provision at 52.212-1.
ADDENDUM TO 52.212-1
WBR 1452.211-80 NOTICE OF INTENT TO ACQUIRE METRIC PRODUCTS AND SERVICES --
BUREAU OF RECLAMATION - (MAR 1993)
(a) Metric Transition Plan. The Department of the Interior on December 6, 1991, issued a Metric Transition Program (Part 758 Department Manual Chapter 1) to establish and describe the program's policies and responsibilities. The Bureau of Reclamation (Reclamation), has developed a Metric Transition Plan to implement metrication in Reclamation. This plan describes Reclamation's overall strategy for using the metric system, defines general requirements and procedures for carrying out the transition, and details the tasks with milestones for Reclamation offices to complete.
(b) The Omnibus Trade and Competitiveness Act of 1988 (Trade Act).
(1) Section 5164 of Public Law 100-418, the Trade Act, amended the Metric Conversion Act of 1975 and designated the metric system of weights and measures for United States trade and commerce.
(2) The Trade Act establishes September 30, 1992, as the implementation date (to the extent economically feasible) for Federal agencies to use the metric system of measurement in its procurements, grants, and other business-related activities.
(3) The Trade Act permits exceptions to the use of the metric system to the extent that such use is impractical or is likely to cause significant inefficiencies or loss of markets to United States firms, such as when foreign competitors are producing competing products in non-metric units.
(4) As a result of the Trade Act, the President issued Executive Order 12770 dated July 25, 1991, to implement the congressional designation of the metric system as the preferred system of weights and measures for United States trade and commerce.
(c) Bureau of Reclamation Implementation. As a result of the Trade Act, Reclamation will, to the maximum extent practicable, use hard conversion and soft conversion metric systems in designing its construction projects, eventually phasing out use of the soft conversion metric system. Exceptions to this policy will only be made when such use is impractical, produces inefficiencies or market losses, or is not economically feasible.
(d) Expected Results. Reclamation expects its support of the metric system to result in increased use of the metric system by U.S. contractors, thereby increasing their ability to compete in the international marketplace. Increasing use of the metric system by U.S. contractors will eliminate possible restrictions on their bidding in the international marketplace and will eliminate any impact of economic blocks by metric countries restricting the acceptance of non-metric products.
ADDENDUM TO 52.212-1
1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION--DEPARTMENT OF THE
INTERIOR (APR 1984)
(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:
(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.
(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."
(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:
"The information specifically identified on pages _______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the Government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."
(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:
"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."
(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.
(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.
(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and
(c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS - (APR
2016)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) 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.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 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.
“Predecessor” means an entity that is replaced by a successor and…
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