ATTACHMENT_II_OSP_SNH.pdf
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- Attached to
- ALONGSIDE REFUELING SERVICE FT. POLK, LA Federal contract opportunity
- Solicitation number
- SPE600-17-R-0506
- Issued by
- Defense Logistics Agency Energy
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ATTACHMENT II OSP
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Pages_from_COPY_AMENDMENT_0003_SF30-16.pdf | ||
| WD2015-5197_REV_3.pdf | ||
| Ft_Polk_Questions_&_Answers_(as_of_(12_Dec_2016).pdf | ||
| Fort_Polk_PWS_FINAL_(as_of_12_Dec_2016).pdf | ||
| AMENDMENT_0002.pdf | ||
| Parking_diagram.pdf | ||
| GOV_FT._POLK,_LA_QUESTIONS.pdf | ||
| ATTACHMENT_II_OSP_SNH.pdf | ||
| RFP_Ft_Polk_SPE60017R0506_FINAL_DEC_08,_2016.pdf | ||
| SF30_FT._POLK.pdf | ||
| PAST_PERFORMANCE_QUESTION.pdf | ||
| WD2015-5197_Rev2.pdf | ||
| RFP_Ft_Polk_SPE60017R0506_FINAL_NOV_10 _2016.pdf | ||
| SF1449_FT._POLK_LA.pdf | ||
| CONSENT_FORM.pdf | ||
| Fort_Polk_PWS_FINAL_(18_Oct_2016).pdf |
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ATTACHMENT II – OSP
SPE600-17-R-0506
Fort Polk, LA
SECTION J
ATTACHMENT II
OFFEROR SUBMITTION PACKAGE
FORT POLK, LA ALONGSIDE AIRCRAFT REFUELING
TO BE TIMELY, OFFERS MUST BE RECEIVED AT DLA ENERGY
BY
December 12, 2016 NOT LATER THAN 01:00 P.M., LOCAL FT. BELVOIR, VA (EST) TIME
INSTRUCTIONS:
1. The original and two (2) copies of this Offeror Submission Package must be returned to the Defense Logistics Agency - Energy with your offer. All documents to be completed and returned are contained in this package. See FAR 52.212-02 Evaluation -- Commercial Items (OCT 2014)/ADDENDUM to FAR 52.212-02 and FAR 52.212-01 Instructions to Offerors – Commercial Items (APR 2014)/ADDENDUM to FAR 52.212.01 for additional information to be submitted.
2. Be sure to check your offer prices in Section B for accuracy and legibility prior to submission. Be sure to initial all changes, and sign and date the Standard Form 1449 (SF 1449) in blue or black ink.
3. Facsimile proposals are NOT authorized. Please ensure that labels on overnight mailings clearly show the solicitation number and are addressed to the Bid Custodian at the address listed on Page 3 of the Request for Proposal.
4. By submission of this package, you are stating that all terms and conditions of the solicitation are accepted and apply to your offer unless clearly stated herein on a separate sheet.
OFFEROR SUBMISSION PACKAGE
SOLICITATION: SPE600-17-R-0506
PROGRAM NUMBER: 6.1
PERFORMANCE PERIOD: March 1, 2017 through February 28, 2021 (Base); March 1, 2021 through February 28, 2026 (Option)
TO BE TIMELY, OFFERS MUST BE RECEIVED AT THE DEFENSE LOGISTICS AGENCY ENERGY-FESAB BY
TBD @ 3:00 P.M. Ft. Belvoir Time
INSTRUCTIONS:
1. A signed original of this Offeror Submission Package (OSP), along with your ORCA certifications must be returned to the Defense
Logistics Agency Energy-FESAB as part of your offer. In addition, in accordance with FAR 52.212-1, Instructions to Offerors—
Commercial Items, and Addendum to FAR 52.212-1, offerors shall provide as part of this Offeror Submission Package a copy of the
REPRESENTATIONS and CERTIFICATIONS section of the offers at the System for Award Management website, https://www.sam.gov.
Offerors are reminded to include an affirmative statement that its Price proposal is in accordance with the applicable wage determination.
2. Check all offered prices in Section B-0001 B30 for accuracy and legibility prior to submission. Initial any changes. Sign and date the
Standard Form 1449 (SF1449) in ink.
3. By submission of this package, the offeror is stating that ALL terms and conditions of the entire solicitation are accepted and apply to the offer unless clearly stated on a separate sheet of paper and signed.
4. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to: bidcustodian@dla.mil and tina.williams@dla.mil.
All e-mail proposals MUST be followed-up with the hard copy (consisting of two volumes as outlined below) NO LATER THAN FIVE
(5) business days after solicitation closing. Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. Offeror’s proposals shall be prepared in two separate volumes and provided in the quantities shown below:
Volume Title No. of Copies Page Limit I Technical Proposal 1 original, 1 copy & 1 PDF electronic copy 60 II Business Management Proposal 1 original & 1 PDF electronic copy of Attachment II –
OFFEROR SUBMISSION PACKAGE and additional instructions listed in ADDENDUM TO FAR 52.212-1
None mailto:bidcustodian@dla.mil
Section SF 1449 – CONTINUATION SHEET
SOLICITATION NUMBER: SPE600-17-R-0506
DESCRIPTION OF SERVICES: Government-owned Contractor-operated (GOCO) alongside aircraft refueling services and fuel facilities maintenance services at Fort Polk, Louisiana.
ANTICIPATED PERIOD OF PERFORMANCE:
March 1, 2017 through February 28, 2021 (Base); March 1, 2021 through February 28, 2026 (Option)
SUBMIT OFFERS TO:
Defense Logistics Agency Energy-FESAB/Tina Williams
Attn: OFFER UNDER SOLICITATION SPE600-17-R-0506
8725 John J. Kingman Rd., Suite 2933
Ft. Belvoir, VA 22060-6222
Phone: (703) 767-8556
**Faxed offers are not acceptable**
QUESTIONS:
Questions should be submitted via email to tina.williams@dla.mil no later than 3:00 pm Ft Belvoir Time on TBD. PLEASE note solicitation number and location in subject of email.
A. Pricing Required for All Services and Performance Periods
Offerors MUST provide prices for all services required during the performance period.
B. Pricing of Services
1. The prices submitted must be inclusive of all direct costs, indirect costs, and profit. Offerors MUST include ALL costs associated with providing the services described herein.
2. The Government SHALL NOT be responsible for compensating the Contractor for any costs tied to solicitation requirements but not factored into the proposed prices, either by the Contractor’s intention or by mistake.
Table of Contents
SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS
B-0001 B30 SERVICES TO BE FURNISHED (AARD) (DLA ENERGY FEB 2009)
SECTION G CONTRACT ADMINISTRATION DATA
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION (JUL 2013)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEVIATION) (MAY 2014)
G-0001 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999)
G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999)
G-0003 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DLA ENERGY
JUL 2007) 11
SECTION I CONTRACT CLAUSES
252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS. (JUN 2005)
SECTION J – LIST OF ATTACHMENTS
ATTACHMENT I PERFORMANCE WORK STATEMENT (PWS)
ATTACHMENT II OFFEROR SUBMISSION PACKAGE
ATTACHMENT III DEPARTMENT OF LABOR WAGE DETERMINATION
ATTACHMENT IV PAST PERFORMANCE QUESTIONAIRE
ATTACHMENT V CONSENT FORM
ATTACHMENT VI QASP ............................................................................................... ERROR! BOOKMARK NOT DEFINED.
SECTION K REPRESENTATOINS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (SEPT 2007)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS ALTERNATE I (OCT 2014) ... 16 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) ALTERNATE 1 (MAY 2014) 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) 252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY
FEDERAL OR STATE LAW (DEVIATION MAR 2012-O0007)
252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-00004) (JAN 2012)
252.247-7022 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (APR 2014)
K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)
K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)
K-0003 K150 WIDE AREA WORKFLOW (DLA ENERGY AUG 2012)
SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS
B-0001 B30 SERVICES TO BE FURNISHED (AARD) (DLA ENERGY FEB 2009)
The services to be furnished during the period specified herein and the unit prices are as follows: The contract shall be for a period of four
(4) years with one five (5) year renewal option.
BASE PERIOD – March 1, 2017 through February 28, 2021 OPTION PERIOD 1 – March 1, 2021 through February 28, 2026
DESCRIPTION OF SERVICES
Base Period: March 1, 2017 through February 28, 2021 Years 1-4:
CLIN 0001 Alongside Aircraft Refueling (V20000042) The offered price per month is $ _______________________
(Pro-rated for partial months)
NOTE: All G&A and profit for these line items must be included in CLIN 0001.
Option Period: March 1, 2021 through February 28, 2026 Years 5-9:
CLIN 0002 Alongside Aircraft Refueling (V20000042) The offered price per month is $ _______________________
(Pro-rated for partial months)
NOTE: All G&A and profit for these line items must be included in CLIN 0002.
SECTION G CONTRACT ADMINISTRATION DATA
52.219-28 Post-Award Small Business Program Rerepresentation.(JUL 2013)
(a) Definitions. As used in this clause—
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. 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 the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it o is, o is not a small business concern under NAICS Code ______________ assigned to contract number
[Contractor to sign and date and insert authorized signer’s name and title].
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION (JUL 2013)
(a) Method of payment.
(1) All payments by the Government under this contract, shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either--
(i) Accept payment by check or some other mutually agreeable method of payment; or https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135887 http://www.sba.gov/content/table-small-business-size-standards
(ii) Request the Government to extend the payment due date until such time as the Government can make payment by
EFT (but see paragraph (d) of this clause).
(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the SAM database.
(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.
(d) Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the SAM database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.
(e) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for--
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and--
(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the SAM database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.
(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the SAM database.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEVIATION) (MAY 2014)
(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 or PayWeb
(1) To access PayWeb, the vendor may go to the following site: https://onronline.onr.navy.mil/payweb/
(2) For instructions on PayWeb payment request submission, please contact the office identified below:
(Contracting Officer: Insert applicable ONR Regional Office information)]
(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). Invoice 2-in-1 (Services Only) 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.
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.
https://wawf.eb.mil/
Data Table Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue by DoDAAC SPE600 Admin DoDAAC SPE600 Inspect By DoDAAC SE5A09; Extension: REFUEL Ship To Code Not applicable Ship From Code Not applicable Mark For Code Not applicable Service Provider (DoDAAC) Not applicable Service Acceptor (DoDAAC) SPE600; COCO Accept at other DoDAAC Not applicable LPO DoDAAC Not applicable DCAA Auditor DoDAAC Not applicable Other DoDAAC(s) Not applicable
(*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.
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.
DLA Energy Help Desk Email: bsme.helpdesk@dla.mil Phone: (800) 446-4950
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
G-0001 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999)
Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies.
(See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY
ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION clause.)
Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a
(SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:
| | | | | | | | | | | | | | | | | | | | | | | | | | (DO NOT EXCEED 25 CHARACTERS)
(b) Check Remittance Address:
mailto:bsme.helpdesk@dla.mil
(DO NOT EXCEED 30 CHARACTERS PER LINE) (c) Narrative Information (special instructions).
(DO NOT EXCEED 153 CHARACTERS)
G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999)
Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION clause.)
Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:
(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
(b) Check Remittance Address:
(DO NOT EXCEED 30 CHARACTERS PER LINE)
(c) Narrative Information (special instructions).
G-0003 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DLA
ENERGY JUL 2007)
(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions.
NAME OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 29 CHARACTERS)
CITY AND STATE OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 20 CHARACTERS)
AMERICAN BANKERS ASSOCIATION NINE DIGIT IDENTIFIER OF RECEIVING BANK: | | | | | | | | | |
ACCOUNT TYPE CODE: (Contractor to designate one)
[ ] CHECKING TYPE 22
[ ] SAVINGS TYPE 32
RECIPIENT'S ACCOUNT NUMBER ENCLOSED IN PARENTHESES: | | | | | | | | | | | | | | | |
(DO NOT EXCEED 15 CHARACTERS)
RECIPIENT'S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
STREET ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
CITY AND STATE: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
NOTE: Additional information may be entered in EITHER paragraph (b) OR paragraph (c) below. Total space available for information entered in (b) OR (c) is 153 characters.
(b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA:
OR
(c) THIRD PARTY INFORMATION: Where payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractor's account, the following information must be supplied by the Contractor: Second Bank Name, City/State and/or Country, Account Number, and Account Name.
(d) CONTRACTOR'S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER
INFORMATION.
NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TITLE: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TELEPHONE NUMBER: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
SIGNATURE: ______________________________________________________________________
(e) Any change by the Contractor in designation of the bank account to receive electronic transfer of funds in accordance with this provision must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.
(f) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.
(g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check.
(h) NOTICE TO FOREIGN SUPPLIERS.
(1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and must be capable of receiving ACH transactions. The appropriate American Bankers Association nine-digit identifier must be supplied in order for payments to be processed through CTX.
(2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S. bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) OR (c) above.
(3) The Third Party information supplied in (c) above will be located in the first RMT segment of the CTX payment information sent to the receiving bank.
(i) Notwithstanding any other provision of the contract, the requirements of this provision shall control.
SECTION I CONTRACT CLAUSES
252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS. (JUN 2005)
(a) Definitions. As used in this clause—
(1) “Foreign person” means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of
1979 (50 U.S.C. App. Sec. 2415).
(2) “United States” means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C.
1331.
(3) “United States person” is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.
(b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it—
(1) Does not comply with the Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50
U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.
(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services).
(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.
(2) Representation. The Offeror represents that it—
___________Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
___________Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at
252.247-7024, Notification of Transportation of Supplies by Sea.
SECTION J – LIST OF ATTACHMENTS
ATTACHMENT I PERFORMANCE WORK STATEMENT (PWS)
ATTACHMENT II OFFEROR SUBMISSION PACKAGE
ATTACHMENT III DEPARTMENT OF LABOR WAGE DETERMINATION
ATTACHMENT IV PAST PERFORMANCE QUESTIONAIRE
ATTACHMENT V CONSENT FORM
SECTION K REPRESENTATOINS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that –
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory –
(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or
(2)
(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision
____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (SEPT 2007)
(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms
“agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.
(c) Certification. The offeror, by signing its offer, hereby 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 its behalf in connection with the awarding of this contract.
(d) Disclosure. 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.
(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352.Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)
(a)
(1) The Offeror certifies, to the best of its knowledge and belief, that --
(i) The Offeror and/or any of its Principals --
(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and
(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) 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.
(ii) 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.
(2) Examples.
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(i) 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 appeal rights.
(ii) 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.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159.
The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
(a) Definitions. As used in this clause— “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).
“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.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-2.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS ALTERNATE I
(OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(a) Definitions. As used in this provision—
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
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“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under…
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