Solicitation Misc Construction Supplies.pdf

SEE ADDENDUM

(No Collect Calls)

W15QKN20Q5169 01-May-2020

b. TELEPHONE NUMBER

609-562-2388

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 15 May 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 X 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.

W15QKN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KIMBERLE C. MOORE

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

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

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

0011468329

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

US ARMY CONTRACTING COMMAND

5418 S. SCOTT PLAZA

JOINT BASE MDL NJ 08640

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 W81Y6F 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W8NG 0099 AR REGIONAL SPT CMD

99TH READINESS DIVISION

5231 SOUTH SCOTT PLAZA

FORT DIX NJ 08640-5730

TEL: 609-562-7663 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

321999

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 OF57

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.

W15QKN20Q5169

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTION TO OFFERORS

1. The purpose of this solicitation is to procure construction building materials in support of the 99th Readiness Division. Specific items are outlined in the Statement of Work (SOW) and supplies must be delivered to Local Training Area (LTA) Keystone, 6467 Mikewood Blvd, Conneaut Lake, PA 16316. Contractor shall provide all labor, supplies, equipment, tools, materials, supervision, transportation and other items necessary to provide miscellaneous construction supplies in accordance with the embedded Statement of Work (SOW).

2. Delivery schedule is mandatory, all items must be delivered on July 13th, 2020., no exceptions.

Provide a 24-hour notice for delivery of supplies, point of contact, CW2 Shawn Knauff, Shawn.J.Knauff.mil@mail.mil, 814-382-2893.

3. Quotes shall be emailed to Contract Specialist, Kimberle C. Moore@ kimberle.c.moore2.civ@mail.mil and Mark L. Scheper @ mark.l.scheper.civ@mail.mil no later than the offer due date in block 8 of the SF 1449. Qoutes should be received no later than 15 May 2020 by 12PM

4. See Federal Acquisition Regulation (FAR) 52.212-1 – Instructions to Offerors and (FAR) 52.211-6 – Brand Name or Equal, FAR 52.212-1 Addendum for instructions to offerors, FAR 52.212-2, and 52.211.6, Addendum for evaluation criteria.

5. Offerors shall complete “fill-ins” in provisions and clauses that apply and submit along with the request for quote. Failure to provide applicable information may result in the offeror being non-responsive.

6. All work shall be completed in accordance with the SOW.

7. Questions regarding this solicitation shall be submitted via email no later than 4:00 p.m. EST on 13 May 2020 to Kimberle C. Moore@ kimberle.c.moore2..civ@mail.mil and Contracting Officer, Mark L.

Scheper @ mark.l.scheper.civ@mail.mil

8. Offerors proposals shall include:

a. A capability statement which shall be no more than 1 page detailing the contractor’s capability to perform the work required under the PWS and meeting the requirements of this solicitation.

b. Unit and extended (total) pricing for all Contract Line Item Numbers (CLINs). Line item pricing should include all applicable taxes, fees, gratuities, commissions, service charges, etc. The Federal Government is Tax Exempt.

c. DUNS number, CAGE code, Federal TIN and any small business preference or socio economic concern (8(a) certified, HUBZone Certified, WOSB, etc.) under the applicable NAICS code 321999.

d. Submit a signed SF1449 (Blocks 30a, 30b and 30c) at the time of quote submittal. In addition, the contractor shall sign and acknowledge any potential resulting amendments to this solicitation. In doing so, the offeror accedes to the contract terms and conditions as written in the Request for Quote.

e. Provide the name, title, address, email address and telephone number of the company/division point of contact regarding business decisions made with respect to the proposal and who can contractually obligate the company.

f. Pricing shall be submitted in the proper format. The proper format consists of QUANTITY x UNIT PRICE = TOTAL AMOUNT. In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended price. If the offeror shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended price.

g. The contractor shall complete and submit, alongside proposed qoute, the breakdown itemization template for the products and service cost of the contract. See attachment- 0001

9. The successful offeror shall furnish the following items to the Contracting Office AT THE TIME OF AWARD: - A Certificate of Insurance to the Contracting Officer

10. All offers shall remain valid for 120 calendar days.

ATTACHMENTS

ATTACHMENT 0001 PRICING ITEMIZED BREAKDOWN TEMPLATE

52.212-1 ADDENDUM

Instructions to Offerors – Commercial Items

Paragraphs (d), (e), (h) and (i) are hereby deleted from the referenced provisions.Paragraph (c) period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

52.212-2 ADDENDUM

Evaluation-Commercial Items

(1) The Government will award a contract resulting from this solicitation to the technically acceptable responsive responsible offeror able to meet the requirements of the SOW and with the lowest total aggregate price utilizing FAR 12 and FAR 13. The offeror will be evaluated on the offeror's submitted technical capability statement to meet the requirements of the SOW and of this solicitation. To receive an acceptable rating, the offeror must provide a capability statement that demonstrates the offerors ability to perform the work required under the SOW.

(2) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable If the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(3) The Government will review Past Performance as it relates to the contractors ability to perform the services being requested. The Government will obtain past performance information from any source available to the Government, to include, but not limited to, the Past Performance Information Retrieval System, Federal Awardee Performance and Integrity Information System, Electronic Subcontract Reporting System, or other databases; interviews with Regional Facilities Operational Specialists, Contracting Officers, and the Defense Contract Management Agency. Any adverse past performance may deem the offeror ineligible for award. The lack of any past performance will be treated as neutral past performance and will be evaluated as acceptable

(4) Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The Government intends to award a contract without discussions with respective offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if deemed in its best interest.

52.211-6 ADDENDUM

Evaluation-Brand Name or Equal

(1) The Government will require those items that has been identified as “brand name” and “brand name or equal,” to be purchased in accordance to the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the Statement of Work.

CONTRACT ADMINSTRATION

Inquiries concerning all contractual actions after award shall be directed first to the contract administrator. In his absence, please contact the contracting officer. Subject line must reference the solicitation/contract number.

Changes: the Contract Specialist/Administrator will incorporate all changes and other administrative actions to the contract as directed and authorized by the contracting officer.

Contract Specialist Name: Kimberle C Moore Phone: (609) 562-5211 E-mail: kimberle.c.moore2.civ@mail.mil

Contracting Officer Name: Mark L. Scheper Phone: (609) 562-3863 Email: mark.l.scheper.civ@mail.mil

Regional Facilities Operation Specialist (RFOS) Name: Scott Kawski Phone: 814.836.4712 Email: scott.w.kawski.civ @mail.mil

99th Readiness Division Name: Lisa Casaletto Email: lisa.j.casaletto.civ @mail.mil Phone: (609) 562-7757

Place of Performance -Keystone Local Training Area (LTA) – PA038, 6467 Mike Wood Blvd, Conneaut Lake, PA 16316.

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

STATEMENT OF WORK

99th Readiness Division Directorate of Public Works

JB MDL, New Jersey 08640-5000

April 28, 2020

Project Name: FY20 Misc Construction Materials Project/CSS#: CSS# 22394 Project Location: Keystone Local Training Area (LTA) – PA038 6467 Mike Wood Blvd Conneaut Lake, PA 16316

Acceptance POC: RFOS: Scott Kawski (W56D5Q) Wk (814) 836-4712 Cell (609) 744-1123 Project POC/ALT: FAC COR: Ed Stone Wk (814) 382-2893 Cell NA Field Eng. Tech: CW2 Shawn Knauff Wk (814) 382-2893 Cell (609) 414-1835 HQ Eng. Tech: Rich Heagler Wk (609) 562-7644 Cell (732) 715-2216

1.0. DESCRIPTION OF SERVICES: This is a firm-fixed price supply contract to provide construction materials during fiscal year 2020 to facilitate the repair, renovation and construction of facilities located at LTA Keystone in northwestern Pennsylvania. The contractor shall provide all materials and consumable/expendables tools to the place of performance as annotated in paragraph 5.0 for use during the period of performance as annotated in paragraph 4.0 of this PWS. The Government will exercise supervision and control over this material throughout the period of performance. The contractor will be responsible for delivery.

2.0. BACKGROUND: The 99th Division (Readiness) is responsible for management and maintenance of the Keystone Local Training Area (LTA) near Conneaut Lake (Geneva), Pennsylvania. This LTA was constructed in the 1980s by the Army Corp of Engineers and has since physically degraded. Furthermore, changing training requirements require significant improvements to provide continued usefulness to the US Army Reserve and other users. The Army Reserve intends to employ Engineer Soldiers, through Troop Construction, to accomplish the renovations and improvements. Only construction materials and select rental equipment, which is not organic to the engineer unit’s MTOE, will need to be procured for this project and delivered to the project site.

3.0. SCOPE:

3.1. Contractor shall provide the following Bill of Materials – to be verified by RFOS/COR.

3.1.1 Bathroom Fixtures

Description Quantity Unit

Mustee Model 80 DURASTALL Shower Stall Kit 32"x32" w/fixtures

11.00 each Required

Brand

Mustee Model 86.500 Extended Base Kit 11.00 each Required

Brand

3.1.2 Plumbing

3/4" PEX Pipe/Tubing, Red 1.00 100'

Brand Name or Equal to

SharkBite Type

B PEX

3/4" PEX Pipe/Tubing, Blue 1.00 100'

Brand Name or Equal to

SharkBite Type

B PEX

3/4" PEX Pipe/Tubing strap/clamp, 4 pack 14.00 each

1/2" PEX Pipe/Tubing, Red 1.00 100'

Brand Name or Equal to

SharkBite Type

B PEX

1/2" PEX Pipe/Tubing, Blue 1.00 100'

Brand Name or Equal to

SharkBite Type

B PEX

1/2" PEX Pipe/Tubing, White 1.00 50'

Brand Name or Equal to

SharkBite Type

B PEX

1/2" PEX Pipe/Tubing strap/clamp, 8 pack 7.00 each

3/4"x3/4"x1/2" PEX Tee Fitting 20.00 each

Brand Name or Equal to

SharkBite

APXT343412

3/4"x1/2" 90 reducing elbow, PEX 4.00 each

Brand Name or Equal to

SharkBite

APXE1234

1/2" PEX x 1/2" NPT 90 elbow swivel fitting 12.00 each

Brand Name or Equal to

SharkBite

UC531LFA

1/2' PEX x 1/2" NPT male fitting/adapter 36.00 each

Brand Name or Equal to

SharkBite

UC120LFZ

3/4" push to connect tee fitting 4.00 each

Brand Name or Equal to

SharkBite

U370LFZ

3/4" crimp rings, 25 pack 3.00 each

Brand Name or Equal to

SharkBite

23103CP25Z

1/2" crimp rings, 25 pack 3.00 each

Brand Name or Equal to

SharkBite

23102CP25Z

PEX Tool/Crimper Set (ability to crimp ½” & ¾” min.) 2.00 each

Brand Name or Equal to

SharkBite 23251Z

PEX Cutter (ability to cut ½” & ¾” min.) 2.00 each

Brand Name or Equal to

SharkBite U701

1 1/2" PVC Pipe, 10' stick 1.00 each

Waterless trap / 2" Drain Trap Seal 12.00 each

Brand Name or Equal to Oatey

437412

1 1/2" PVC 90 street elbow 12.00 each

3" to 1 1/2" PVC reducer/bushing 12.00 each

Pipe Tread Compound 2.00 each

Slip gate valve, PVC, 4" 2.00 each

Brand Name or Equal to Valterra

6401GR

1/2" Cap, CPVC 12.00 each

3.1.3 Hardware

Screw, wood, stainless 3/4" 13.00 15/pack

Screw, wood, stainless 1 1/4" 3.00 45/pack

Screw, wood, exterior, 3" 10.00 lb

Screw, wood, exterior, 1" 5.00 lb

Screw, structural, exterior, coated, hex head, 5" 10.00 50/box

3.1.4 Electrical Supplies

Exhaust fan, wall mount, pull string, w/exterior louvers/flap (similar to existing)

6.00 each

Brand Name or Equal to

Broan 506

Junction box with cover, non-metallic, weatherproof 6.00 each

Junction box with cover, non-metallic, weatherproof 6.00 each

Conduit, pull elbow, non-metallic PVC, 1/2" 6.00 each

Conduit, non-metallic PVC, 1/2"x10' 10.00 each

Conduit fitting, 1/2" combination connector, male threads, PVC 16.00 each

Conduit fitting locknut, 1/2" 16.00 2/pack

Electrical wire, 12-AWG solid copper THHN, green 1.00 500 ft

Electrical wire, 12-AWG solid copper THHN, black 1.00 500 ft

Electrical wire, 12-AWG solid copper THHN, white 1.00 500 ft

Wire, copper bare, 6 gauge 1.00 25 ft

Grounding rod, copper, 5/8"x8' 2.00 each

Clamp, grounding rod, 5/8" 2.00 each

Wire connectors, red and yellow assorted 1.00 150 pack

Electrical tape, black 1.00 roll

Electrical tape, white 1.00 roll

Electrical tape, green 1.00 roll

3.1.5 Lumber

Lumber, treated, 4x4x10' 10.00 ea

Lumber, treated, tongue & groove, 2x6x10' 20.00 ea

Lumber, treated, tongue & groove, 2x6x12' 24.00 ea

3.1.6 Paint & Sundries

Paint, exterior, enamel, black 4.00 gal

Paint, exterior, enamel, safety yellow 4.00 gal

6 Piece paint applicator kit 4.00 ea

Marking paint, orange 1.00 12 pack

3.1.7 Concrete & Masonry Items

Hydrated Lime 19.00 50 lb bag

Rebar, #4 101.00 20 ft

Horizontal Reinforcement, for 8 inch block wall 124.00 10 ft

Tie wire 3.00 roll

CMU Block 8x8x16 1,327.00 ea

3.1.8 Miscellaneous Items

Shelf bracket, metal, white, 12" depth +/- 48.00 each

Common board, PVC, 0.75"x5.5"x8' 8.00 each

3.1.9 Consumables/expendables

Permanent marker, black 1.00 12/pack

Carpenter pencils 1.00 72/pack

PVC Cleaner/Primer, 8 oz 2.00 each

PVC Cement, 8 oz 2.00 each

Silicone caulk, clear, tub & tile/bathroom, 10.1 oz tube 12.00 each

Cut-off Wheel (for metal), 4.5 inch 10.00 ea

Grass seed, quick erosion control mix 1.00 50 lb bag

4.0 PERIOD OF PERFORMANCE: The period of performance shall be as follows

4.1. Deliver Construction Materials and Consumable/expendables NLT 13 July 2020.

5.0 PLACE OF PERFORMANCE:

Keystone Local Training Area (LTA), ECS 103 6467 Mike Wood Blvd Conneaut Lake, PA 16316

Delivery Address:

99th Readiness Division, ECS 103 ATTN: CW2 Shawn Knauff 6467 Mike Wood Blvd Conneaut Lake, PA 16316

6.0 POINTS OF CONTACT

POC for delivery is CW2 Shawn Knauff Email: shawn.j.knauff.mil@mail.mil Phone: 814-382-2893 / Cell: 609-414-1835

POC for this PWS is CW3 Mark J Bowling Email: mark.j.bowling4.mil@mail.mil Phone: 609-562-7489/ Cell: 609-744-0993

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job CSS 22394 - Trp Cnstr - Misc Mats PA038

FFP

CSS 22394 - Trp Cnstr - Misc Mats PA038 FOB: Destination

PURCHASE REQUEST NUMBER: 0011468329

PSC CD: Z1AA

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination N/A Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 01-MAY-2020 1 W8NG 0099 AR REGIONAL SPT CMD

99TH READINESS DIVISION

5231 SOUTH SCOTT PLAZA

FORT DIX NJ 08640-5730

609-562-7663 FOB: Destination

W81Y6F

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items MAR 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991 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

252.204-7003 Control Of Government Personnel Work Product APR 1992 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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

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

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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents 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.

(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.

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

(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.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159.