Attachment_III_OSP_SPE603-19-R-0514.pdf

SPE603-19-R-0514

OFFEROR SUBMISSION PACKAGE (OSP)

ATTACHMENT III

OFFEROR SUBMISSION PACKAGE

COCO STORAGE SERVICES

HOUSTON, TEXAS

SOLICITATION

SPE603-19-R-0514

TO BE TIMELY, OFFERS MUST BE RECEIVED AT

DLA ENERGY BY

October 8, 2019 NO LATER THAN 09:00 A.M., LOCAL TIME

FORT BELVOIR, VA

INSTRUCTIONS:

1. The one (1) PDF electronic copy 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 52.212-1 Instructions to Offerors- Commercial Items (AUG 2018)/Addendum to FAR 52.212- 1, and FAR 52.212-2 Evaluation Commercial Items (OCT 2014) 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. When submitting the proposal via e-mail, please ensure it is sent within enough time in order for it to be processed through the server.

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.

ATTACHMENT III

SOLICITATION: SPE603-19-R-0514

PROGRAM NUMBER: 6.2 Contractor-Owned Contractor-Operated (COCO) Storage Services

DESCRIPTION OF SERVICES: Provide COCO fuel storage and handling services capable to receive, store, protect, and issue one of U.S. government owned Jet Propellant Thermally Stable (JPTS) within a 50 miles radius of Houston, Texas / Galveston Bay area.

ANTICIPATED PERFORMANCE PERIOD: : The contract performance period shall be for a base period of four (4) years January 1, 2020 through December 31, 2023 with one (1) additional five (5)-year option period from January 1, 2024 through December 31, 2028, an option to extend not to exceed (NTE) six (6) months, January 1, 2029 through June 30, 2029.

Submit Offers to: Bidcustodian@dla.mil with copy to Rondaski.burley@dla.mil

For Verification of Receipt: Contact Rondaski.burley@dla.mil, (571)767-7063.

TO BE TIMELY, OFFERS MUST BE RECEIVED AT

THE DEFENSE LOGISTICS AGENCY ENERGY- FESBA

BY

October 08, 2019 @ 9:00 A.M. Local Fort Belvoir Time

QUESTIONS:

Questions should be submitted via email to Rondaski.burley@dla.mil with c.c. to Alicia.Williams@dla.mil no later than 9:00 A.M. Fort Belvoir time on October 08, 2019. Please note the solicitation number and installation in subject of email.

INSTRUCTIONS:

1. A signed Offeror Submission Package (OSP) must be returned to the Defense Logistics Agency Energy-FESBA as your offer. In addition, in accordance with FAR 52.212-1, Instructions to Offerors Commercial Items (AUG 2018), and addendum to FAR 52.212-1 (AUG 2018), offerors shall provide as part of the OSP 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 determinations.

2. Check all offered prices in Section B-0001 B34.01 Services to be Furnished and Prices (DLA ENERGY FEB 1991) for accuracy and legibility prior to submission. Initial any changes, sign and date the Standard Form 1449 (SF 1449) 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.

4. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to: bidcustodian@dla.mil and cc: Rondaski.burley@dla.mil. All e-mail proposals MUST include three volumes as outlined below. Late mailto:Bidcustodian@dla.mil mailto:Rondaski.burley@dla.mil mailto:Rondaski.burley@dla.mil mailto:Rondaski.burley@dla.mil mailto:Alicia.Williams@dla.mil mailto:Rondaski.burley@dla.mil

ATTACHMENT III

proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals.

Offeror’s proposals shall be prepared in three separate volumes and provided in the quantities shown below:

Volume Title No. of Copies Required

Page Limit

I Technical Proposal PDF electronic copy 70

II

Offeror Submission Package (OSP) includes Price Proposal

PDF electronic copy of Attachment III OFFEROR SUBMISSION PACKAGE None

III Past Performance (PPQ)

PDF electronic copy Note: Has to be submitted from the references directly to bidcustodian@dla.mil with cc. to rondaski.burley@dla.mil

None

5. Pricing Required for All Services and Performance Periods. Offerors MUST provide prices for all services required during the performance period.

6. Pricing of Services:

a. 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.

b. The Government SHALL NOT be responsible for compensating the Contractor for any costs tied to the solicitation requirements but not factored into the proposed prices, either by the contractor’s intention or by mistake.

mailto:bidcustodian@dla.mil mailto:rondaski.burley@dla.mil

ATTACHMENT III

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA

ENERGY FEB 1991) 5

SECTION E - INSPECTION AND ACCEPTANCE

E0003 ENERGY QAP E18 INSPECTION AND CLEANING OF BULK

PETROLEUM STORAGE TANKS (DLA ENERGY FEB 2017) 8

SECTION F- DELIVERIES OR PERFORMANCE

F0008 F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS

(STORAGE) (DLA ENERGY DEC 1991) 8

SECTION G - CONTRACT ADMINISTRATION DATA

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (JUN 2012) 9

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY

2013) 10

G0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY

AUG 1998) 12

G0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE

MAILED (DLA ENERGY JAN 2017) 12

G0003 G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA

ENERGY MAY 2009) 13

G0004 G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA

ENERGY JUL 1997) 13

SECTION J – ATTACHMENTS

PERFORMANCE WORK STATEMENT Att. I DLA ENERGY QUALITY ASSURANCE PROVISIONS Att. II OFFEROR SUBMISSION PACKAGE (OSP) Att. III DEPARTMENT OF LABOR WAGE DETERMINATION Att. IV

PAST PERFORMANCE INFORMATION DISCLOSURE

CONSENT FORM Att. V

PAST PERFORMANCE QUESTIONNAIRE Att. VI

SECTION K - REPRESENTATIONS, CERTIFICATIONS

AND STATEMENTS

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING (JUL 2016) 14

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(JUL 2013) 15

ATTACHMENT III

52.212-3 Alt. I OFFERORS REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL ITEMS (AUG 2018) ALTERNATE I (OCT 2014) 16

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) 34

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (NOV 2011) 34

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY

SEA (AUG 1992) 34

K0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 35

K0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR

2007) 35

K0003 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL

INVOICE SUBMISSION (DLA ENERGY MAY 2014) 35

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)

The services to be furnished during the period specified herein and the unit prices are as follows:

LINE ITEM 0001 (BASE): CONUS COCO Storage Services, V2000403 (FIRM FIXED PRICE):

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel service capabilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, during the base period of January 01, 2020 through December 31, 2023

LINE ITEM 0002 (OPTION 1)1: CONUS COCO Storage Services, V20000403 (FIRM FIXED PRICE):

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel service capabilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, during the option period of period January 1, 2024 through December 30, 2028 5 (years).

AREA OF CONSIDERATION: Houston, Texas / Galveston Bay

Left Blank Intentionally

1 Only if exercised in accordance with FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000).

ATTACHMENT III

TOTAL OFFERED PRICE

ITEM

NO.

SUPPLIES/

SERVICE QTY UNIT UNIT PRICE AMOUNT

0001 CONUS COCO

Storage Services 48 Month $ $

(Option 1)

CONUS COCO

Storage Services 60 Month $ $

TOTAL2: $__________________

NOTE: In accordance with FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the extension(s) not to exceed six months (if required) will remain the same as the prices offered under DLA Energy Contract Provision B-0001-B34.01 SERVICES TO BE FURNISHED AND

PRICES (DLA ENERGY FEB 1991).

The following price breakdown is provided for informational purposes only. In the event of a conflict, the prices in the table above will govern.

BASE PRICE

The prices for the services and facilities to be provided during the four-year performance period (January 1, 2020 through December 31, 2023), as described in the Performance Work Statement, includes the following:

LINE ITEM 0001:

TANK

NO.

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS COCO

STORAGE

SERVICES

(MONTHLY USE

COCO CHARGE)3

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE

(4 YEARS)

TOTAL PRICE: $ $ $

NOTE: For evaluation purposes: EXTP will be evaluated at 80,000 US gallons The price offered for EXTP will be added to Offeror’s total price. The EXTP per gallon price is: $____________

OPTION #1 PRICE

2 The offered total price shall include all costs associated with providing the required services. Cost reimbursable line items will not be allowed or incorporated into the award.

3Includes initial & final shipment price. In the event of a part month, the monthly price will be prorated.

ATTACHMENT III

The prices for the services and facilities to be provided during the five-year performance period (January 1, 2024 through December 31, 2029) as described in the Performance Work Statement, includes the following:

LINE ITEM 0002:

TANK

NO.

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS COCO

STORAGE

SERVICES

(MONTHLY USE

COCO

CHARGE)3

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE

(5 YEARS)

TOTAL PRICE: $ $ $

NOTE: A fill capacity quantity of 70,000 barrels is required. Monthly and annual storage charges shall be based on this quantity. Additionally, monthly usage prices when multiplied by 12 months should equate to the annual storage usage charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total fill capacity of above identified tanks at no increase to the offered storage charges.

PRORATED DAILY REDUCTIONS/ADDITIONS (QAP E18)

Line Item 0001: Base Period- January 1, 2020 through December 31, 2023

In accordance with DLA Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY FEB 2017), tanks required to be cleaned/inspected at the contractors expense shall be removed from/returned to revenue at a prorated amount. Prorated daily reductions/additions to line item 0001 (CONUS COCO Storage Services) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the chart below:

Left Blank Intentionally

ATTACHMENT III

TANK

NO.

MONTHLY

CONUS COCO

STORAGE

SERVICE PRICE

ANNUAL

STORAGE USE

CHARGE

DAILY

REDUCTION/ADDITION

PER TANK WHEN

REMOVED

FROM/RETURNED TO

REVENUE IAW E18

NOTE: For each full calendar month a tank is out of service and removed from revenue, line item 0001 shall reflect a reduction to $0.00 for the subject tank, unless an alternate tank is offered under E18 to be utilized when cleaning/inspection occurs. The rates in the above chart will be utilized when subject tank is out of service.

Rates above shall be determined for each tank offered under line item 0001 by utilizing the following formula:

Monthly CONUS COCO Storage Service Price * 12 Months = Daily Reduction/Addition 365 Days

Line Item 0002: Option #1 Period- January 1, 2024 through December 31, 2029

In accordance with DLA Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY FEB 2017), tanks required to be cleaned/inspected at the contractors expense shall be removed from/returned to revenue at a prorated amount. Prorated daily reductions/additions to line item 0002 (CONUS COCO Storage Services) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the chart below:

TANK

NO.

MONTHLY

CONUS COCO

STORAGE

SERVICE PRICE

ANNUAL

STORAGE USE

CHARGE

DAILY

REDUCTION/ADDITION

PER TANK WHEN

REMOVED

FROM/RETURNED TO

REVENUE IAW E18

NOTE: For each full calendar month a tank is out of service and removed from revenue, line item 0002 shall reflect a reduction to $0.00 for the subject tank, unless an alternate tank is offered under E18 to be utilized when cleaning/inspection occurs. The rates in the above chart will be utilized when subject tank is out of service.

ATTACHMENT III

Rates above shall be determined for each tank offered under line item 0002 by utilizing the following formula:

Monthly CONUS COCO Storage Service Price * 12 Months = Daily Reduction/Addition 365 Days

SECTION E - INSPECTION AND ACCEPTANCE

E0003 ENERGY QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE

TANKS (DLA ENERGY FEB 2017)

Quality Assurance Provision E18- Inspection and Cleaning of Bulk Petroleum Storage Tanks (DLA Energy Feb 2017) is hereby incorporated in full text under Attachment II.

SECTION F- DELIVERIES OR PERFORMANCE

F0008 F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA ENERGY

DEC 1991)

During the contract period, January 01, 2020 through December 31, 2023 with one five-year option from January 1, 2024 through December 31, 2028 and an option not to exceed (NTE) six months, from January 1, 2029 through June 30, 2029. The contractor shall provide petroleum storage facilities and services at the following location:

(Street address)

(City/State/Zip)

SECTION G - CONTRACT ADMINISTRATION DATA

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (JUN 2012)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable

ATTACHMENT III

electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Government wide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

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 System for Award Management 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).

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.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Issue By DoDAAC SPE603 Admin DoDAAC SPE603 Inspect By DoDAAC SJ0644; Extension: USCOCO Ship To Code NOT APPLICABLE Ship From Code NOT APPLICABLE Mark For Code NOT APPLICABLE Service Approver (DoDAAC) NOT APPLICABLE Service Acceptor (DoDAAC) SPE603; Extension: USCOCO Accept at Other DoDAAC NOT APPLICABLE LPO DoDAAC NOT APPLICABLE DCAA Auditor DoDAAC NOT APPLICABLE Other DoDAAC(s) 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 E-MAIL: BSME.HELPDESK@DLA.MIL

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

G0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

Each invoice submitted for payment under this contract shall be identified by an individual invoice number.

The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

G0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN

2017)

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 – SYSTEM FOR AWARD MANAGEMENT or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR AWARD MANAGEMENT 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).

ATTACHMENT III

(DO NOT EXCEED 153 CHARACTERS)

G0003 G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009)

The Property Administrator for product handled under the terms of the contract will be designated by the Director, Defense Logistics Agency Energy (DLA Energy).

G0004 G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997)

(a) The Defense Fuel Region to which reference is made herein is the DLA Energy Americas East Region.

(b) The Defense Fuel Office to which reference is made herein is the—

DLA Energy Americas East Federal Building, Suite 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 750-9514/9561 Fax: (713) 750-0041

(c) The Commander of the Defense Fuel Region or his designee, appointed above, is the authorized representative of the Commander, Defense Logistics Agency Energy (DLA Energy)

SECTION J – ATTACHMENTS

ATTACHMENT I PERFORMANCE WORK STATEMENT

ATTACHMENT II DLA ENERGY QUALITY ASSURANCE PROVISIONS

ATTACHMENT III OFFEROR SUBMISSION PACKAGE (OSP)

ATTACHMENT IV DEPARTMENT OF LABOR WAGE DETERMINATION

ATTACHMENT V PAST PERFORMANCE INFORMATION DISCLOSURE CONSENT FORM

ATTACHMENT VI PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT III

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(a) Definition. As used in this provision—

“Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://www.cage.dla.mil.

http://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://www.cage.dla.mil/

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

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—

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(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).

52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS (AUG

2018) 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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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—

(6) 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

(7) 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.

https://www.acquisition.gov/ http://www.sam.gov/portal

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

and

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

(b)

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

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(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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

_____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

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

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

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

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

____ Black American.

___ Hispanic American.

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

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

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

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

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

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

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

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

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

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

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

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