Combination_Synopsis-Soliciation_-_SP3300-14-Q-0112.pdf
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SP3300-14-Q-0112
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the RFQ number is SP3300-14-Q-0112. All offers must be received by August 22nd, 2014 at 3 PM EST to be considered for award. Offerors should email Kim Hartman, the method in which they sent their quotations.
This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-76 effective 25 July, 2014, Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20140805 and Defense Logistics Acquisition Directive (DLAD) current to Revision 5 and Proc Ltr 2014-69. The complete text of any of the clauses and provisions are available electronically from the following site:
http://www.farsite.hill.af.mil.
This Request for Quotation (RFQ) is being issued to establish a time and materials contract for unscheduled remedial maintenance support services on material handling systems and associated ancillary equipment at the Defense Logistics Agency Distribution Red River, TX. The contractor shall provide all labor, equipment, tools, test equipment, materials, replacement parts, and supervision necessary to perform on Government owned equipment located at either site as outlined in the attached Equipment List as provided in Attachment 1. The services shall be performed in accordance with the Statement of Work (SOW) provided as Attachment 2.
This is a Request for Quote (RFQ) and the solicitation number is SP3300-14-Q-0112. This solicitation is issued as Set Aside for Small Business Concerns under NAICS Code 811310.
DESCRIPTION OF ITEMS: DLA Distribution Red River, Texas has a requirement for a Time and Materials contract to provide all labor, materials, tools, equipment and supervision necessary to perform unscheduled maintenance with parts on Government owned Heavy Equipment in accordance with the attached Statement of Work. The period of performance will begin November 1st, 2014 to February 28th, 2015.
6. Contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM) Database.
Company Name: ________________________________ Company Address: ________________________________ Telephone ________________________________ CAGE Code ________________________________
SYSTEM FOR AWARD MANAGEMENT – A prospective awardee shall be registered in the System for Award Management (SAM) database prior to award, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.
ACCOUNTING SYSTEM: In accordance with FAR 16.104(h), offerors must demonstrate that they possess an adequate accounting system to be eligible for award of this contract. The Government will utilize information from the contractor’s certification found in Attachment 8 and information submitted with in accordance with FAR 52.212-1. If the Government is unable to determine that the offeror has an adequate accounting system as defined in Attachment 8, the offeror will be ineligible for award of this contract.
http://www.farsite.hill.af.mil/
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The offeror shall also provide a description of the accounting system in this quote which demonstrated the ability of the vendor to adhere with the items found in the certification statement. If the offeror possesses a DCAA approved accounting system, the offeror may provide the date of approval and the cognizant DCAA office in lieu of the description required above. “The Government does reserve the right to conduct a post-award audit.”
Invoicing and Payment will be by Wide Area Workflow and DFAR clauses 252.232-7003 and 252.232-7006 apply and are provided in this RFQ. Invoicing and Payment will be made via WAWF. Companies must accept WAWF as payment method in order to be considered for award, if not, your quotation will be considered non-responsive and will not be considered for award.
CONTRACT PRICING: CLIN 0001 and 0002 are time and material CLINs. Reference FAR 52.214-4 Alt I, the contractor shall be reimbursed for actual hours incurred only. The contractor shall not exceed the CLINs/contract ceilings without prior approval from the Contracting Officer. The price charged to the Government for a purchased part under CLINs 0002 shall be the contractor’s actual costs for the item. If the contractor obtains a part at a discounted cost, the contractor shall pass the savings on to the Government. Upon request of the Government Point of Contact (POC), the contractor will be required to provide invoices and/or proof of pricing for the contractor purchased part. The period of performance will begin November 1st, 2014 to February 28th, 2015.
WAGE DETERMINATION: This requirement is subject to the Service Contract Act. Wage Determination No. 2005-2235, Revision No. 15, dated 25 June, 2013, is provided as Attachment 5.
ORIGANIZATIONAL CONFLICT OF INTEREST
1. The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DDC on this contract. This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its products or services in any statement of work or specification unless directed to do so in writing by the Contracting Officer.
2. If the contractor in the performance of this contract obtains access to information such as plans, policies, reports, studies, financial data, internet data, or any other non-public information or information by the Privacy Act, the contractor agrees not to release such information without prior written approval from the Contracting Officer. The use of such information for personal gain is prohibited.
3. In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.
ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION
Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor's responsibility to ensure that its employees working on-site at this installation are U. S. citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. The local authorities can issue a citation that charges the individual with a specific offense and requires the individual to appear before a Federal Magistrate.
This agency processes illegal aliens in accordance with INS instructions.
MANAGEMENT OF CONTRACTOR EMPLOYEES
The Contractor personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed in the Statement of Work. The Contractor shall select, supervise, and exercise control and direction over its employees under this contract. The Contractor shall not supervise, direct, or control the activities of the Government personnel or the
- 3 -employee of any other contractor, except any subcontractor employed by the Contractor on this contract. The Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under this contract. The Contractor is accountable to the Government for the actions of its personnel.
SUBMISSION OF SERVICE/DELIVERY SLIPS
Service verification slips must be delivered to the Technical POC/Contracting Officer’s Representative (COR) following each on-site visit. Verification slips shall include the contract number, person’s name who performed the service, date of time of performance, duration of service, and the tasks performed. All verification slips must be signed by an authorized person for whom the service was performed. Failure to comply will result in a delay in payment.
MARK CONTRACT NUMBER ON ALL CORRESPONDENCE
Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.
The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying processes.
Questions shall be submitted in writing via e-mail to Michael.Minto@dla.mil.
The Government is not soliciting for the “same old way” of doing business. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying processes.
Attachment 1 – Equipment List Attachment 2 – Statement of Work, Equipment Preventive and Remedial Maintenance at the DLA Distribution Center Red River, Texas Attachment 3 – EMACS Maintenance Work Order Attachment 4 – Vehicle Technical Inspection, DLA Form 1730, Nov 2004 (EG) Attachment 5 – DoL Wage Determination No. 2005-2235, Revision No. 14, dated 19 Jun 2012 Attachment 6 - CERTIFICATION OF OFFEROR’S ACCOUNTING SYSTEM IAW FAR 16.104(h)
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LINE ITEMS
SCHEDULE OF SUPPLIES/SERVICES
ESTIMATED UNIT ESTIMATED
CLIN DESCRIPTION QUANTITY U/I PRICE TOTAL
0001 On-Call 350 HR $___________ $______________ Unscheduled Maintenance Ceiling Price to be performed in accordance With attached Statement of Work for the attached List of Equipment. Period of Performance From 01 August, 2014 through 28 February, 2015. This will include Unscheduled Preventative Maintenance on the Terex Time and Materials CLIN
Labor Category ___________________________ Direct Labor Rate per Hour $ _____________
Labor Category ___________________________ Direct Labor Rate per Hour $ _____________
0002 Parts required 1 UN $__30,000.00_____ for the Unscheduled maintenance Ceiling Price Pricing is estimated.
Contractor will only be paid For actual parts utilized.
(Note: this CLIN will not Be part of the evaluation Since the amount of this CLIN is determined by the Government). Period of Performance From 1 August, 2014 through 28 February, 2015.
Time and Materials CLIN
TOTAL FOR CLIN 0001 $________________________
The quantities shown above are estimated only. They represent the Government’s best known estimated quantity. If the Government’s requirement do not result in the quantity described as estimated; such event shall not constitute the basis for an equitable price adjustment under this contract. Payment will only be for the actual quantities provide to the Government at the prices specified.
Service to be performed at: DLA DISTRIBUTION RED RIVER, TEXAS.TEXARKANA, TX 75507-5000
Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.
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CONTRACT CLAUSES
ADDENDA TO FAR 52.212-1 INSTRUCTION TO OFFERORS – COMMERCIAL ITEMS (Apr 2014):
Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:
(c) Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.
The following three (3) paragraphs under referenced provision 52.212-1 are hereby deleted:
(d) Product samples
(e) Multiple offers
(h) Multiple awards
FAR 52.212-4 Contract Terms and Conditions–Commercial Items (May 2014), Addenda to 52.212-4; the following clauses apply:
FAR 52.212-4 Alternant 1 (Aug, 2012), Fill in for (e) (1) (iii) (D) is “NONE”.
Fill in for (i) (1) (ii) (D) (1) is “NONE”.
Fill in for (i) (1) (ii) (D) (2) is “(0) Zero”.
FAR 52.204-9 Person Identity Verification of Contractor Personnel (Jan 2011) FAR 52.222-99 Establishing a Minimum Wage for Contractors (Deviation 2014-O0017) (Jun 2014) FAR 52.223-10 Waste Reduction Program (May 2011) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997).
FAR 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts (AUG 2012) FAR 52.232-18 Availability of Funds (Apr 1984)
FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
FAR 52.237-2 Protection of Government building, Equipment and vegetation (Apr 1984) FAR 52.243-3 Changes – Time and Materials or Labor-Hours (Sep 2000) FAR 52.246-3 Inspection of Supplies -- Cost-Reimbursement (MAY 2001) FAR 52.246-6 Inspection -- Time-and-Material and Labor-Hour (MAY 2001)
DFARS 252.201-7000 CONTRACTOR OFFICER’S REPRESENTATIVE (DEC 1991)
DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) DFAR 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013).
DFAR 252.204-7003 Control of Government Personnel Work Product (APR 1992).
DFAR 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (NOV 2013).
DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT
OF A TERRORIST COUNTRY (JAN 2009)
DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND
RECEIVING REPORTS (JUN 2012)
DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
DFARS 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY
CONTRACTOR PERSONNEL (JUN 2013)
DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)
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DFARS 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES
BY SEA (MAR 2000)
DLAD 52.204-9000 CONTRACTOR PERSONNEL SECURITY (MAR 2012)
DLAD 52.232-9010 ACCERLERATED PAYMENTS TO SMALL BUSINESS (APR 2014)
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
___”2-IN-1” INVOICE___________
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
________NA____________________________
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP3300 Admin DoDAAC SP3300 Inspect By DoDAAC NA Ship To Code NA http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
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Ship From Code NA Mark For Code NA Service Approver (DoDAAC) NA
Service Acceptor (DoDAAC) SB3213 Accept at Other DoDAAC NA LPO DoDAAC NA DCAA Auditor DoDAAC NA Other DoDAAC(s) NA
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
___________ROY.STRINGER@DLA.MIL_______________________
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
___________NA______________________
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
FAR 52.252-2 – CLAUSE INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.arnet.gov/far http://farsite.hill.af.mil
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes of Executive Orders–Commercial Items (JUL 2014) in paragraph (b) The following clauses apply:
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
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(1) 52.222-50 Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3 Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
FAR 52.204-10 Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).
FAR 52.219-6 Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
FAR 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
FAR 52.222-3 Convict Labor (June 2003) (E.O. 11755).
FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.13126).
FAR 52.222-26 Equal Opportunity (Mar 2007) (E.O. 11246).
FAR 52.222-35 Equal Opportunity for Veteran (Jul 2014) (38 U.S.C. 4212).
FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).
FAR 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
FAR 52.222-41 Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014).
Employee Class Monetary Wage -- Fringe Benefits Heavy Equipment Mobile Mechanic $20.91 per hour (WG-5803-10, Step 1)
FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
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Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
(ii) 52.219-8 Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17 Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26 Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35 Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vi) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(vii) 52.222-17 Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(viii) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(ix) 52.222-41 Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(x) 52.222-50 Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(xi) 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67.)
(xii) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiii) 52.222-54 Employment Eligibility Verification (Aug 2013).
(xiv) 52.225-26 Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xv) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.
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1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
Period of Performance and Line Items
CLIN – 0001 Service to provide all labor required to perform unscheduled maintenance for Heavy Equipment listed on the attached Equipment List in accordance with the attached Statement of Work for DDRT for a period of one year from November 1st, 2014 to February 28th, 2015. Total Labor cost is not to exceed amount quoted per year.
CLIN – 0002 Service to provide all parts required to perform unscheduled maintenance for Heavy Equipment listed on the attached Equipment List in accordance with the attached Statement of Work for DDRT for a period of one year from November 1st, 2014 to February 28th, 2015. Total Parts cost is not to exceed $30,000.00 per year.
OFFER SUBMISSION INSTRUCTIONS–Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.
1. Quotations may be submitted in contractor format and shall include:
(1) Company name, address, telephone number, e-mail address, and FAX number;
(2) Solicitation number;
(3) Price Quote
(4) Contractor DUNS Number and Commercial and Government Entity (CAGE) Code,
(5) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation)
(6) Quotes submitted shall be clearly identified as source selection sensitive and therefore include a statement at the top or bottom of each page as follows: SOURCE SELECTION INFORMATION SEE FAR 2.101 AND 3.104
(7) Do not calculate past the second decimal point of cents.
2. Price quotes must be submitted via one of the following methods by 3:00PM ET, August 22nd, 2014 Email to: Michael.Minto@dla.mil ; Attn: Michael Minto or Mail to: Defense Distribution Center, DDC-AB, ATTN:
Michael Minto, 2001 Mission Drive Building 404, New Cumberland, PA 17070. PLEASE NOTE:
ALTHOUGH NOT REQUIRED, EMAIL IS THE PERFERRED METHOD FOR SUBMISSION OF
QUOTES.
NOTE: All contractors MUST be registered in the Central Contractor Registration (SAM) Database to receive an award. Information on registration may be obtained by calling 1-866-606-8220 or via the internet at
WWW.SAM.GOV
mailto:Michael.Minto@dla.mil http://www.sam.gov/
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SOLICITATION PROVISIONS
FAR 52.212-2 Evaluation – Commercial Items (Jan 1999). The Government intends to evaluate quotes in response to this quotation and will award one firm fixed price contract to the responsible offeror whose quote represents the total overall lowest price for all CLINS.
52.212-3 -- Offeror Representations and Certifications -- Commercial Items.
As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications -- Commercial Items (May 2014)
An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm%23P120_20191 http://www.acquisition.gov/
- 12 -operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women;
or in the case of any publicly owned business, at least 51 percent of the 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
- 13 -by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on 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, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.
Note: 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— https://www.acquisition.gov/
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(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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]
(i) General. The offeror represents that either—
(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]
(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
- 15 -
(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). (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.”
- 16 -
(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:
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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…
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