Solicitation HDEC05-20-Q-0011 TRS (Ft Hamilton).pdf

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Trash Removal Services- Fort Hamilton, NY Commissary
Solicitation number
HDEC05-20-Q-0011
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This solicitation requests trash removal services at the Fort Hamilton Commissary in New York. The services include regular weekly pickups of two 8 cubic yard containers or an equivalent mix of containers, with a total capacity of 2,496 cubic yards annually. The performance period is from September 1, 2020 through August 31, 2021 for the base year with four one-year options extending through August 31, 2025. Quotes are due by August 17, 2020 and the acquisition is set aside for small businesses under NAICS code 562111. Potential offerors must register in the System for Award Management and complete online representations and certifications.

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SEE ADDENDUM

(No Collect Calls)

HDEC0520Q0011 30-Jul-2020

b. TELEPHONE NUMBER

804-734-8000 EXT 86530

8. OFFER DUE DATE/LOCAL TIME

04:30 PM 17 Aug 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HDEC059. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DAVID M. SHINGLETON JR

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HQCNE201920001000

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DEFENSE COMMISSARY AGENCY

ENTERPRISE ACQUISITION DIVISION

1300 E AVENUE

FORT LEE VA 23801-1800

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HQCNE2 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FORT HAMILTON COMMISSARY

FREDDY ROSARIO

115 WHITE AVENUE

BROOKLYN NY 11252-7100

TEL: (718) 630-4960 EXT 400 FAX: 718-921-4078

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

562111

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF58

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HDEC0520Q0011

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Fort Hamilton Commissary Trash Removal

FFP

Contractor shall provide all labor, materials, equipment, transportation and other items and services necessary to remove/dispose of refuse for the Fort Hamilton Commissary in accordance with the attached Statement of Work (SOW).

Location:

Fort Hamilton Commissary 115 White Ave.

Brooklyn, NY 11252

Commissary Points of Contact:

Store Director: Freddy Rosario, (718) 630-4960 ext. 3401 Store Secretary: Donna Jacobs, (718) 630-4555 ext. 3400

In the event of personnel changes, Point of Contact titles will still be applicable.

Base Year Period of Performance: September 1, 2020 through August 31, 2021

PURCHASE REQUEST NUMBER: HQCNE201920001000

NET AMT

0001AA 12 Months Regular Pickups Fort Hamilton Commissary

FFP

Trash Removal per Statement of Work (SOW) per Month.

Price per Pickup $_________ Price per Month $____________

Requirement: Two (2) 8 cubic yard containers OR a mix of containers that will have at least 2,496 cubic yards but not-to-exceed 2,496 cubic yards of capacity for a 12 month period. Formula for calculating the not-to exceed 12-month total capacity is: 8 cubic yards multiplied by two (2) containers, multiplied by three (3) pickups per week equals 48 cubic yards per week; 48 cubic yards multiplied by 52 weeks equals 2,496 cubic yards total per 12 months for regular pickups.

FOB: Destination S205

0001AB 2 Each Extra Pickups Fort Hamilton Commissary

FFP

Extra pickup per SOW, contractor required to empty all containers. Not-to-exceed two (2) extra pickups of all containers in a 12 month period of performance. Price per pickup $___________

0001AC 2 Each Roll-Off Rental Fort Hamilton Commissary

FFP

One-week rental of a 30 cubic yard, but no more than 40 cubic yard roll-off, twice per 12-month contract year. Basic price is $___________for three (3) tons. Price per ton above the basic price is $_________; maximum tons allowed: 10 tons.

OPTION Fort Hamilton Commissary Trash Removal

FFP

Contractor shall provide all labor, materials, equipment, transportation and other items and services necessary to remove/dispose of refuse for the Fort Hamilton Commissary in accordance with the attached Statement of Work (SOW).

Location:

Fort Hamilton Commissary 115 White Ave.

Brooklyn, NY 11252

Commissary Points of Contact:

Store Director: Freddy Rosario, (718) 630-4960 ext. 3401 Store Secretary: Donna Jacobs, (718) 630-4555 ext. 3400

In the event of personnel changes, Point of Contact titles will still be applicable.

First Option Year Period of Performance: September 1, 2021 through August 31, 1001AA 12 Months OPTION Regular Pickups Fort Hamilton Commissary

FFP

Trash Removal per Statement of Work (SOW) per Month.

Price per Pickup $_________ Price per Month $____________

Requirement: Two (2) 8 cubic yard containers OR a mix of containers that will have at least 2,496 cubic yards but not-to-exceed 2,496 cubic yards of capacity for a 12 month period. Formula for calculating the not-to exceed 12-month total capacity is: 8 cubic yards multiplied by two (2) containers, multiplied by three (3) pickups per week equals 48 cubic yards per week; 48 cubic yards multiplied by 52 weeks equals 2,496 cubic yards total per 12 months for regular pickups.

1001AB 2 Each OPTION Extra Pickups Fort Hamilton Commissary

FFP

Extra pickup per SOW, contractor required to empty all containers. Not-to-exceed two (2) extra pickups of all containers in a 12 month period of performance. Price per pickup $___________

1001AC 2 Each OPTION Roll-Off Rental Fort Hamilton Commissary

FFP

One-week rental of a 30 cubic yard, but no more than 40 cubic yard roll-off, twice per 12-month contract year. Basic price is $___________for three (3) tons. Price per ton above the basic price is $_________; maximum tons allowed: 10 tons.

OPTION Fort Hamilton Commissary Trash Removal

FFP

Contractor shall provide all labor, materials, equipment, transportation and other items and services necessary to remove/dispose of refuse for the Fort Hamilton Commissary in accordance with the attached Statement of Work (SOW).

Location:

Fort Hamilton Commissary 115 White Ave.

Brooklyn, NY 11252

Commissary Points of Contact:

Store Director: Freddy Rosario, (718) 630-4960 ext. 3401 Store Secretary: Donna Jacobs, (718) 630-4555 ext. 3400

In the event of personnel changes, Point of Contact titles will still be applicable.

Second Option Year Period of Performance: September 1, 2022 through August 31, 2023

2001AA 12 Months OPTION Regular Pickups Fort Hamilton Commissary

FFP

Trash Removal per Statement of Work (SOW) per Month.

Price per Pickup $_________ Price per Month $____________

Requirement: Two (2) 8 cubic yard containers OR a mix of containers that will have at least 2,496 cubic yards but not-to-exceed 2,496 cubic yards of capacity for a 12 month period. Formula for calculating the not-to exceed 12-month total capacity is: 8 cubic yards multiplied by two (2) containers, multiplied by three (3) pickups per week equals 48 cubic yards per week; 48 cubic yards multiplied by 52 weeks equals 2,496 cubic yards total per 12 months for regular pickups.

2001AB 2 Each OPTION Extra Pickups Fort Hamilton Commissary

FFP

Extra pickup per SOW, contractor required to empty all containers. Not-to-exceed two (2) extra pickups of all containers in a 12 month period of performance. Price per pickup $___________

2001AC 2 Each OPTION Roll-Off Rental Fort Hamilton Commissary

FFP

One-week rental of a 30 cubic yard, but no more than 40 cubic yard roll-off, twice per 12-month contract year. Basic price is $___________for three (3) tons. Price per ton above the basic price is $_________; maximum tons allowed: 10 tons.

OPTION Fort Hamilton Commissary Trash Removal

FFP

Contractor shall provide all labor, materials, equipment, transportation and other items and services necessary to remove/dispose of refuse for the Fort Hamilton Commissary in accordance with the attached Statement of Work (SOW).

Location:

Fort Hamilton Commissary 115 White Ave.

Brooklyn, NY 11252

Commissary Points of Contact:

Store Director: Freddy Rosario, (718) 630-4960 ext. 3401 Store Secretary: Donna Jacobs, (718) 630-4555 ext. 3400

In the event of personnel changes, Point of Contact titles will still be applicable.

Third Option Year Period of Performance: September 1, 2023 through August 31, 3001AA 12 Months OPTION Regular Pickups Fort Hamilton Commissary

FFP

Trash Removal per Statement of Work (SOW) per Month.

Price per Pickup $_________ Price per Month $____________

Requirement: Two (2) 8 cubic yard containers OR a mix of containers that will have at least 2,496 cubic yards but not-to-exceed 2,496 cubic yards of capacity for a 12 month period. Formula for calculating the not-to exceed 12-month total capacity is: 8 cubic yards multiplied by two (2) containers, multiplied by three (3) pickups per week equals 48 cubic yards per week; 48 cubic yards multiplied by 52 weeks equals 2,496 cubic yards total per 12 months for regular pickups.

3001AB 2 Each OPTION Extra Pickups Fort Hamilton Commissary

FFP

Extra pickup per SOW, contractor required to empty all containers. Not-to-exceed two (2) extra pickups of all containers in a 12 month period of performance. Price per pickup $___________

3001AC 2 Each OPTION Roll-Off Rental Fort Hamilton Commissary

FFP

One-week rental of a 30 cubic yard, but no more than 40 cubic yard roll-off, twice per 12-month contract year. Basic price is $___________for three (3) tons. Price per ton above the basic price is $_________; maximum tons allowed: 10 tons.

OPTION Fort Hamilton Commissary Trash Removal

FFP

Contractor shall provide all labor, materials, equipment, transportation and other items and services necessary to remove/dispose of refuse for the Fort Hamilton Commissary in accordance with the attached Statement of Work (SOW).

Location:

Fort Hamilton Commissary 115 White Ave.

Brooklyn, NY 11252

Commissary Points of Contact:

Store Director: Freddy Rosario, (718) 630-4960 ext. 3401 Store Secretary: Donna Jacobs, (718) 630-4555 ext. 3400

In the event of personnel changes, Point of Contact titles will still be applicable.

Fourth Option Year Period of Performance: September 1, 2024 through August 31, 4001AA 12 Months OPTION Regular Pickups Fort Hamilton Commissary

FFP

Trash Removal per Statement of Work (SOW) per Month.

Price per Pickup $_________ Price per Month $____________

Requirement: Two (2) 8 cubic yard containers OR a mix of containers that will have at least 2,496 cubic yards but not-to-exceed 2,496 cubic yards of capacity for a 12 month period. Formula for calculating the not-to exceed 12-month total capacity is: 8 cubic yards multiplied by two (2) containers, multiplied by three (3) pickups per week equals 48 cubic yards per week; 48 cubic yards multiplied by 52 weeks equals 2,496 cubic yards total per 12 months for regular pickups.

4001AB 2 Each OPTION Extra Pickups Fort Hamilton Commissary

FFP

Extra pickup per SOW, contractor required to empty all containers. Not-to-exceed two (2) extra pickups of all containers in a 12 month period of performance. Price per pickup $___________

4001AC 2 Each OPTION Roll-Off Rental Fort Hamilton Commissary

FFP

One-week rental of a 30 cubic yard, but no more than 40 cubic yard roll-off, twice per 12-month contract year. Basic price is $___________for three (3) tons. Price per ton above the basic price is $_________; maximum tons allowed: 10 tons.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0001AA N/A N/A N/A Government 0001AB N/A N/A N/A Government 0001AC N/A N/A N/A Government 1001 N/A N/A N/A N/A 1001AA N/A N/A N/A Government 1001AB N/A N/A N/A Government 1001AC N/A N/A N/A Government 2001 N/A N/A N/A N/A 2001AA N/A N/A N/A Government 2001AB N/A N/A N/A Government 2001AC N/A N/A N/A Government 3001 N/A N/A N/A N/A 3001AA N/A N/A N/A Government 3001AB N/A N/A N/A Government 3001AC N/A N/A N/A Government 4001 N/A N/A N/A N/A 4001AA N/A N/A N/A Government 4001AB N/A N/A N/A Government 4001AC N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 01-SEP-2020 TO

31-AUG-2021

N/A FORT HAMILTON COMMISSARY

FREDDY ROSARIO

115 WHITE AVENUE

BROOKLYN NY 11252-7100

(718) 630-4960 EXT 400

HQCNE2

0001AB POP 01-SEP-2020 TO

31-AUG-2021

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 01-SEP-2020 TO

31-AUG-2021

N/A (SAME AS PREVIOUS LOCATION)

1001 N/A N/A N/A N/A

1001AA POP 01-SEP-2021 TO

31-AUG-2022

N/A FORT HAMILTON COMMISSARY

FREDDY ROSARIO

115 WHITE AVENUE

BROOKLYN NY 11252-7100

(718) 630-4960 EXT 400

1001AB POP 01-SEP-2021 TO

31-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

1001AC POP 01-SEP-2021 TO

31-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 01-SEP-2022 TO

31-AUG-2023

N/A FORT HAMILTON COMMISSARY

FREDDY ROSARIO

115 WHITE AVENUE

BROOKLYN NY 11252-7100

(718) 630-4960 EXT 400

2001AB POP 01-SEP-2022 TO

31-AUG-2023

N/A (SAME AS PREVIOUS LOCATION)

2001AC POP 01-SEP-2022 TO

31-AUG-2023

N/A (SAME AS PREVIOUS LOCATION)

3001 N/A N/A N/A N/A

3001AA POP 01-SEP-2023 TO

31-AUG-2024

N/A FORT HAMILTON COMMISSARY

FREDDY ROSARIO

115 WHITE AVENUE

BROOKLYN NY 11252-7100

(718) 630-4960 EXT 400

3001AB POP 01-SEP-2023 TO

31-AUG-2024

N/A (SAME AS PREVIOUS LOCATION)

3001AC POP 01-SEP-2023 TO

31-AUG-2024

N/A (SAME AS PREVIOUS LOCATION)

4001 N/A N/A N/A N/A

4001AA POP 01-SEP-2024 TO

31-AUG-2025

N/A FORT HAMILTON COMMISSARY

FREDDY ROSARIO

115 WHITE AVENUE

BROOKLYN NY 11252-7100

(718) 630-4960 EXT 400

4001AB POP 01-AUG-2024 TO

31-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

4001AC POP 01-SEP-2024 TO

31-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-17 Interest MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding

SEP 2013

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

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

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

I. SUBMISSION OF QUOTES: Reference 52.212-1 Paragraph (b)

North American Industry Classification System (NAICS) Code applicable to this solicitation is 562111 and the Size Standard is $41.5 mil.

Per FAR 4.1201(a): Prospective contractors SHALL complete electronic annual representations and certifications (Reps & Certs) at https://www.acquisition.gov database. Your Reps and Certs must include the NAICS applicable to this solicitation and indicate your organization’s business size status.

Per 13 CFR 121.104 - If the size determination is based on average annual gross revenue, the method for determining business size status is based on the company’s average annual gross revenues for the last three fiscal years. Organizations whose average annual gross revenues exceed the size standard of this solicitation are considered large businesses. Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html

Quoters shall submit an original copy of the following documents:

(1) Standard Form 1449, Solicitation/Contract/Order for Commercial items, page 1, Blocks 17a, 17b, 30a, 30b, 30c completed and signed by an authorized representative on behalf of the quoter. Discount terms, if any, in Block 12.

(2) A completed Schedule of Supplies/Services starting on page #3, to include total price (NET AMT) for the base year and all option years (CLINs 0001-4001) in addition to a unit price for each sub CLIN 0001AA-4001AC.

(3) Prospective contractors shall complete electronic annual representations and certifications at System for Award Management (SAM) website available at https://www.sam.gov and must indicate their business size for the applicable NAICS code.

(4) Submit the following information:

(a) Dun and Bradstreet (DUNS) or DUNS + 4 Number: _______________________________

(b) Contractor E-Mail Address: ___________________________________________________

(5) Provide a statement of certification that the quoter understands and satisfies the Government’s minimum requirements described in the Statement of Work and elsewhere in this solicitation, and has submitted evidence in the quote of the quoter’s technical approach, personnel/staffing, facilities, equipment, and understanding of the requirements in regards to trash removal services in accordance with best industry practices.

(6) Past Performance information required: Three (3) completed past performance surveys must be submitted that are most similar to the work of this solicitation that the quoter has performed in the past three years. The past performance surveys must be completed and submitted directly, from each reference, to the contracting office via email to David Shingleton at david.shingleton@deca.mil by the closing date of the solicitation. Surveys provided directly by the quoter will not be considered.

DeCA reserves the right to consider any other past performance information available to the Government such as CPARS (formerly PPIRS) or other databases.

II. SITE VISIT:

A site visit to access the facility may be scheduled by calling the below point of contacts at the commissary. The site visit is not mandatory.

SITE VISIT: Monday thru Friday (August 3 to August 7, 2020) POINT OF CONTACT: Freddy Rosario (Store Director) (718) 630-4960 ext. 3401 email: Freddy.Rosario@deca.mil Donna Jacobs (Store Secretary) (718) 630-4555 ext. 3400 email: Donna.Jacobs@deca.mil

(End of Provision)

ADDENDUM TO FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforms to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers using Simplified Acquisition Procedures:

Quotes will be evaluated independently, using the following factors will be used to evaluate quotes using Lowest Price Technically Acceptable (LPTA) procedures on an acceptable or unacceptable basis:

1. Technical Capability

2. Past Performance

3. Price

EVALUATION MINIMUM REQUIREMENTS:

1. Technical Capability: A quote will be evaluated as technically acceptable if it satisfies the Government’s minimum requirements described in the Statement of Work and elsewhere in this solicitation, and based on evidence in the proposal of the quoter’s technical approach, personnel/staffing, facilities, equipment, and understanding of the requirements.

Minimum Requirement: Receive an Acceptable rating for acknowledgement of understanding and being able to provide the service as outlined in the Statement of Work (SOW) and solicitation.

2. Past Performance: Quoters will be rated on timeliness, quality of work, and business relations on a past performance survey with eight questions. Based on the quoter’s performance record, the Government has a reasonable expectation that the quoter will uccessfully perform the required effort, or the quoter’s performance record is unknown. In evaluating past performance, the Government will use various sources of information, including, but not limited to federal, state and local government agencies, Better Business Bureaus, published media, electronic databases (PPIRS), and/or the offeror’s performance on DeCA contracts. The evaluation of past performance will consider relevant facts and circumstances. The Government will evaluate past performance as an indicator of future performance. Past performance will be evaluated as either “Acceptable” or “Unacceptable.”. If neither the business nor any key personnel have a record of relevant past performance, the Government will rate past performance neither favorably nor unfavorably. A neutral rating will be considered as “Acceptable.”

Minimum Requirement: Receive an Acceptable rating for all assessed past performance categories.

3. Price: Price will be evaluated by adding the total price for the base year to the total price for all option periods for each location. The total evaluated price must be determined fair and reasonable in order to be determined acceptable for award. The contract specialist will evaluate all quotes. Quotes will not be discussed or released to anyone not directly involved in the source selection for this acquisition.

EVALUATION METHODOLOGY:

Specifically the evaluation process shall proceed as follows: First, the quotes will be ranked in price order from lowest to highest based on the Total Evaluated Price (TEP). The lowest ranked TEP quoter’s past performance will then be evaluated and given a rating of acceptable or unacceptable. A quoter with no past performance will be rated as neutral-acceptable.

If the lowest ranked quoter’s past performance is rated as acceptable or neutral-acceptable, the Government will then evaluate pricing to determine fair and reasonableness using one or more of the techniques contained in FAR sub-part 13.106-3. If the lowest ranked TEP quote is judged to have acceptable past performance and fair and reasonable pricing, the Government will complete a responsibility determination in accordance with the criteria specified in FAR 9.104-1. If found responsible, the evaluation process stops at this point as that offer represents the best value to the Government. Award shall be made to that quoter without further consideration of any other quotes.

If the lowest rated quoter’s past performance is assigned an unacceptable rating, or if the price is determined not fair and reasonable, or if the quoter is found to be non-responsible, the next lowest ranked TEP quote will be evaluated.

This process will continue (in order of ascending (TEP) until a quoter is judged to have an acceptable technical rating, fair and reasonable pricing, and the quoter is deemed responsible.

The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. The Government is seeking to determine whether the offeror has consistently demonstrated a genuine concern by performing quality services on time, with concern for the customer's satisfaction. The evaluator will use the business references provided by the quoter, and any other information available, such as the Government-wide Contract Performance Assessment Reporting System (CPARS) at www.cpars.gov . If adverse information is obtained, that was not previously communicated; the quoter will be provided an opportunity to respond.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the base requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.

Before the quote’s specified expiration time, the Government may accept and quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

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

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

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

“Women-owned small business concern” means a small business concern --

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

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