RFQ_UNAWRD-19-Q-0003.docx

Section Supplies or Services and Price

Conservation and Preservation Support FFP Base Year - Conservation Support for Artifact, archive, and book vacuuming FOB: Destination

NET AMT $

CONTRACTING MANPOWER REPORTING FFP

Base Year - ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION in accordance with attached Performance Work Statement (PWS) FOB: Destination Point of Contact: Ms. Cynthia Blechl: cynthia.a.blechl.civ@mail.mil; UIC: W2H6AA; PSC: F099

NET AMT $0.00

OY1 Conservation and Preservation Support FFP Option Year 1-Conservation Support for Artifact, archive, and book vacuuming FOB: Destination

NET AMT $

OY1 CONTRACTING MANPOWER REPORTING FFP

Option Year 1 ENTERPRISE-WIDE CONTRACTING MANPOWER REPORTING APPLICATION in accordance with attached Performance Work Statement (PWS)

NET AMT $0.00

OY2 Conservation and Preservation Support FFP Option Year 2- Conservation Support for Artifact, archive, and book vacuuming FOB: Destination

NET AMT $

OY2 CONTRACTING MANPOWER REPORTING FFP

Option Year 2- ENTERPRISE-WIDE CONTRACTING MANPOWER REPORTING APPLICATION in accordance with attached Performance Work Statement (PWS)

NET AMT $0.00

UNAWRD-19-Q-0003

CONSERVATION & PRESERVATION FOR ARMY HERITAGE & EDUCATION CENTER

OY3 Conservation and Preservation Support FFP Option Year 3- Conservation Support for Artifact, archive, and book vacuuming FOB: Destination

NET AMT $

OY3 CONTRACTING MANPOWER REPORTING FFP

Option Year 3- ENTERPRISE-WIDE CONTRACTING MANPOWER REPORTING APPLICATION in accordance with attached Performance Work Statement (PWS)

NET AMT $0.00

OY4 Conservation and Preservation Support FFP Option Year 4- Conservation Support for Artifact, archive, and book vacuuming FOB: Destination

NET AMT $

OY4 CONTRACTING MANPOWER REPORTING FFP

Option Year 4- ENTERPRISE-WIDE CONTRACTING MANPOWER REPORTING APPLICATION in accordance with attached Performance Work Statement (PWS)

NET AMT $0.00

INSPECTION AND ACCEPTANCE

Supplies/services will be inspected/accepted at:

Section Deliveries and Performance

DELIVERIES AND PERFORMANCE

323 ENGINEER AVE CARLISLE BARRACKS

CARLISLE PA 17013-5057

703-805-3200 FOB: Destination

W25BDX

FOB: Destination

W25BDX

FOB: Destination

W25BDX

FOB: Destination

W25BDX

FOB: Destination

W25BDX

FOB: Destination

W25BDX

FOB: Destination

W25BDX

FOB: Destination

W25BDX

FOB: Destination

W25BDX

W25BDX

SECTION 2

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS): Conservation Support

1. BACKGROUND

1.1 The U.S. Army Heritage & Education Center (USAHEC), located at Carlisle Barracks, Carlisle, Pennsylvania, has a requirement for Conservation and Preservation Support. USAHEC has a number of artifacts, archival items, and books that are in need of basic conservation and preservation treatment to include vacuuming and documentation of treatment.

2. DESCRIPTION

2.1 The AHEC requires support services by personnel with the ability to complete a Tier II investigation for the purposes of executing this contract.

3. GENERAL REQUIREMENTS

3.1 The contractor shall manage all technical and administrative tasks associated with the planning, initiation, execution, and completion of the project for the USAHEC.

3.2 The contractor shall furnish all supervision, staff, transportation and any additional office supplies (excluding GFE) deemed necessary by the contractor, to fully carry out the requirements set forth in this Performance Work Statement. Services shall be performed at the USAHEC Government Facility located on Carlisle Barracks.

3.3 The contractor shall ensure personnel performing work follow instructions and training given at the start of the contract and current USAHEC procedures.

3.4 The contractor shall ensure personnel performing the work possess the following qualifications:

3.4.1 Lift a minimum of 35 lbs.

3.4.2 Successfully completed and passed a Tier II investigation.

3.4.3 Basic understanding of U.S. Army history, technological terms and language.

3.4.4 Ability to write and communicate clearly in English.

4. Conservation and Preservation Support

4.1 Contractor shall process a minimum of one half a linear foot of archival documents and books and 20 artifacts per week or any combination thereof that equals to 2 linear feet of archival materials and books and 80 artifacts per month. Contractor’s metric is 2 linear foot of archival documents and books and 80 artifacts per month. If the artifact portion is completed before the end of the contract period, metric will be 4 linear feet of archival documents and books and 0 artifacts per month.

4.2 The government will provide the contractor with a weekly listing of materials to be vacuumed, all supplies necessary to perform vacuuming and rehousing, and instruction on how tasks are to be performed.

4.3 The process for performing the tasks will occur in the following manner:

4.3.1 Materials shall be removed from the freezer and allowed to acclimatize.

4.3.2. Each item or collection of items shall be carefully vacuumed as per instruction provided by USAHEC staff.

4.3.3 For three dimensional objects the following criteria shall be utilized

a. Entire object shall be vacuumed.

b. Vacuumed object shall be placed in clean plastic museum bin.

c. Before placing object in bin, the bin shall be cleaned thoroughly utilizing a disinfectant wipe.

d. Conservator shall be notified once a bin is completed.

e. Contractor shall notify the conservator with any issue or problem that arises during the treatment.

4.3.4 For Archival materials and books the following criteria shall be utilized.

a. Each archival document shall be vacuumed front and back.

b. All fasteners shall be removed as per USAHEC instructions.

c. Old/weak folders shall be replaced. Folder titles shall be transferred. Retained folders shall be vacuumed.

1. Documents not in folders shall be placed in new acid free folders.

1. Document boxes shall be vacuumed before clean materials are placed back inside.

1. e. Contractor shall notify the conservator with any issue or problem that arises during the treatment.

1. Conservator shall be notified when a box is completed.

1. Each and every page of each book shall be vacuumed to include front and back of each cover.

4.3.5. Contractor shall contact conservation staff if rolled documents are found

4.3.6. Items in need of further conservation treatment shall be flagged, but not removed from collections.

a. When processing is complete collections with flags shall be reviewed by the conservator.

4.4 The contractor shall provide a representative to participate in monthly meetings with the Government to discuss all aspects of the project. All meetings will be conducted at the USAHEC Facility.

4.5 Contractor Project Manager (PM) shall be required to communicate by phone or email with COR assigned to this project to address any unresolved issues.

4.6 ENTERPRISE-WIDE CONTRACTING MANPOWER REPORTING APPLICATION

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the US Army War College/Carlisle Barracks via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.mil

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contracts that cross fiscal years should be pro-rated. The purpose of ECMRA is to capture the level of effort, based on direct labor hours and associated costs, during a given fiscal year in which the work is actually performed, as opposed to the year the contract may have been issued, when the funds were obligated, or when they may be invoiced.

Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page.

GOVERNMENT RESPONSIBILITIES.

5.1 The Government will provide all training required to complete this task at the start of the contract. The Government will provide the following Government-Furnished Information (GFI), Government-Furnished Materials (GFM), and Government-Furnished Equipment (GFE). Any additional GFI, GFM, and/or GFE shall be requested through the COR.

5.1.1 Army Heritage Museum Standard Operating Procedures and training.

5.1.2 Weekly listings of artifacts to be rehoused and relocated (list will include as a minimum current location, description, proposed final location, and space for the contractor to indicate exact final location for each artifact)

5.1.3 Expendable office supplies to complete the task.

5.1.4 Approved rehousing materials.

6.1.5 Tabletop Workspace and seating.

6.1.6 Access to the USAHEC Wifi system is available.

6.1.7 Government will NOT provide computer access to the contractor.

5.2 Training will be approximately 30 hours focused on, but not limited to: proper handling of archival and artifact items; rehousing procedures; relocation process; understanding of the government provided artifact listing; standard operating procedures.

5.3 Government-Furnished Space. Multi-user office space will be available for the contractor to use to complete contract tasks.

5.4 The contractor shall be directly responsible and accountable for all Government property in their possession. All Government property shall be returned, in its original condition, at the end of the contract period of performance. The contractor shall be required to sign for receipt of Government property.

6. QUALITY STANDARDS

6.1 Contractor shall vacuum 2 linear foot of archival documents and books and 80 artifacts per month tracked by collections assigned.

6.1.1 COR will review the weekly listings for accuracy and completion in the evaluation of performance.

6.1.2 Contractor shall not go below minimum volume established in consecutive months without COR written approval.

7. OTHER CONSIDERATIONS/SECURITY.

7.1 Place of Performance. All work shall be performed at the following address:

951 Soldiers Dr., Carlisle, PA 17013

7.2 Period of Performance. The contractor shall provide services for the following Period of Performance:

Base Year: 12 Dec 2018 to 11 Dec 2019 Option Year 1: 12 Dec 2019 to 11 Dec 2020 Option Year 2: 12 Dec 2020 to 11 Dec 2021

7.3 Security. The contractor shall comply with all appropriate Government Security directives and regulations when performing work in support of this contract.

7.4 Clearance Required. This contract requires the contractor to possess at least a Tier II investigation.

7.5 Building Access. Duty hours at AHEC Facilities are 0730 to 1630, Monday through Friday. The contractor shall be provided access as required by the task during the stated duty hours. Access during other than stated duty hours will not be authorized. Unescorted access to restricted areas by the contractor personnel is not authorized.

Access to these areas will require prior coordination with the COR.

7.6 Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Contractor and all associated sub-contractor,s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

7.7 iWATCH Training. The contractor and all associated subcontractors working within any Carlisle Barracks, facility, or area, will ensure all employees read the statement below on the local iWatch program. This locally developed statement will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training will be completed within 30 calendar days of contract award and within 30 calendar days of new employees' commencing performance, with the results reported to the COR no later than 35 days after contract award. iWatch Training: (Guard Info About Yourself and Your Job. Limit discussion and accessibility of any information (written or verbal) that may provide terrorists insights for targeting. Always use secure means when passing sensitive information, destroy identifiable information. Be aware of your surroundings. Write down license numbers of suspicious vehicles; note description of occupants. Recognize and Report Unusual or Suspicious Behavior to your COR or the Carlisle Barracks police at 717-245-4115. YOU are the first line of defense against terrorism.)

7.8 For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

7.9 OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required—usually a shall statement)

Method of Surveillance

PRS # 1.

The contractor shall provide labor for mold vacuuming. PWS paragraph 4.1.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Cynthia Blechl, POC

AHEC

950 Soldiers Dr.

Bldg. 951 Carlisle, PA 17013

TECHNICAL EXHIBIT 3

ESTIMATED WORKLOAD DATA

ITEM

NAME

ESTIMATED QUANTITY

(SECTION 3)

Addendum - 52.212-1 (Instructions to Quoters - Commercial Items)

This RFQ (UNAWRD-19-Q-0003) is issued to establish one (1) Firm Fixed Price contract for a Contractor to perform Conservation and Preservation services in accordance with the Performance Work Statement (PWS). The Government reserves the right to modify the PWS as required. This may be in the form of general reductions or cancellation of services. Reductions or changes of effort shall be negotiated with the Contractor.

All vendors and prospective Department of Defense Contractors must be registered in the System for Award Management (SAM) at https://www.sam.gov prior to submitting a quote for this RFQ.

Submittal and Inquiries

1. Quotes shall be submitted in accordance with the closing date and time provided in this solicitation.

2. Quotes shall be submitted only electronically through email with confirmed receipt. It is the responsibility of the quoter to ensure electronic submissions are properly sent and a confirmation email is received. Quotes shall be submitted to Ms. Dahalia Trevenen, Contract Specialist at dahalia.k.trevenen.civ@mail.mil and Mr. Larry Brown, Contracting Officer at larryl.l.brown9.civ@mail.mil. Electronic submissions by facsimile will NOT be accepted. Please note, the Government contracting office building is closed on Holidays and Weekends.

3. The point of contact responsible for supplying additional information and answering all inquiries is the Contracting Officer via the Contract Specialist. Address all questions or concerns the quoter may have to the Contract Specialist, Ms. Dahalia Trevenen at dahalia.k.trevenen.civ@mail.mil and Contracting Officer, Mr. Larry Brown at larryl.l.brown9.civ@mail.mil. All questions regarding this RFQ shall be submitted in writing via email. The deadline for all questions is Fri, 14 Dec 2018. Any questions received after this deadline shall not be answered.

General Instructions

1. The selection of a source for award purposes will be conducted utilizing source selection procedures as delineated in FAR Part 12 (Acquisition of Commercial Items) and FAR Part 13 (Simplified Acquisition Procedures). Quotes will be evaluated using the criteria under FAR Clause 52.212-2 (Evaluation-Commercial Items) with Addendum.

2. The Quote. The submission of the documentation specified below will constitute the quoter’s acceptance of the terms and conditions of the RFQ, concurrence with the specifications, and contract type.

3. Instructions outlined in Quote Preparation Instructions below prescribe the format for the quote and describe the approach for the development and presentation of quote data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of quotes. It is the Government’s intention to award without discussions. Quoters are encouraged to present their best technical quote, past performance and prices in their initial quote submission.

4. If a quoter believes the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the quoter shall immediately notify the Contracting Officer (KO) in writing with supporting rationale. Quoters are reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussion.

5. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful quotes. Unless the quoter requests otherwise, the Government will destroy extra copies of such unsuccessful quotes.

Quote Preparation Instructions

Quoters are required to submit a completed solicitation (including acknowledgment of Amendments). All final monetary extensions shall be in whole dollars only. Failure to follow the Quote Preparation Instructions may cause your quote to be deemed unacceptable by the Government.

1. Quotes shall consist of three (3) volumes: Technical, Past Performance, and Price.

2. Quote Format

(a) Quoters shall submit quotes via email not later than the date and time provided in this solicitation. Upon receipt of electronic submissions, Contract Specialist or Contracting Officer will acknowledge the quotes were received with a confirmation email; however, time is based on actual quote submission not on confirmation email. It is the responsibility of the quoter to ensure electronic submissions were properly sent and a confirmation email is received.

(b) Quoters shall submit their quote IAW the below.

QUOTE SUBMISSION

Information submitted by quoters will be used in accordance with the Addendum to FAR clause 52.212-2 (Evaluation-Commercial Items) to evaluate the subject quote according to the evaluation criteria set forth in the RFQ.

Volume 1:

a. This section shall include all other information to include acknowledgement(s) and signed amendment(s) for all RFQ amendments, Representation & Certification, Exceptions and any other information not applicable to Volume 2 or 3.

Volume 2:

a. Tab 1 - Technical Quote: The technical quote shall be specific, detailed, and complete to clearly and fully demonstrate your understanding of the proposed work. No price or cost information is to be included in the technical quote.

b. Tab 2 - Past Performance: Quoters shall submit current and relevant information, e.g. contract and/or subcontract work performed within the past three years for similar services. Quoters shall include the source of the information, e.g. three points of contact, addresses, and telephone numbers, the context of the data, e.g. type of contract, contract amount, period of performance, and comments on any performance problems encountered and the quoter’s corrective actions. Quoters are to provide one financial reference. Quoters with no prior Government contracts or subcontracts may submit similar information for contract and/or other work performance with State and local Governments, private industries, educational institutions and/or past Government service.

Volume 3:

1. Price Quote - The goal of this RFQ is to obtain services on one (1) Firm Fixed Price contract, with bottom line prices annotated on the quote schedule. Quoters will submit total proposed price for completing required work inclusive of all costs associated with this requirement. Price shall be evaluated using price analysis techniques to determine price reasonableness.

(SECTION 4)

Addendum – 52.212-2 (Basis of Award-Evaluation)

GENERAL INFORMATION

1. Award will be made to one (1) quoter deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose quote conforms to the solicitation requirements, and whose quote, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Price Technically Acceptable with acceptable past performance.

2. Trade-offs between cost/price and non-cost/price factors are not permitted. Unreasonably high/unrealistically low, unbalanced, inaccurate or incomplete price quotes may be the grounds for eliminating a quote from competition.

3. The Government will evaluate quoted prices for reasonableness using price analysis techniques. Quoted prices evaluated as unreasonable may be grounds for eliminating a quote from competition. The Government will use one or more price analysis techniques to evaluate price. Through these techniques the Government will determine whether prices are reasonable, complete and balanced. Unreasonably high or low quoted prices may be grounds for eliminating a quote from competition either on the basis that the quoter does not understand the requirement or the quoter has made an unreasonable quote.

4. Award for All of the Work. The Government intends to award one (1) Firm Fixed Price contract as a result of this solicitation. Quotes received for less than the stated number of items listed in the Schedule may be considered ineligible for award. The Government intends to evaluate quotes and award one (1) contract without discussions with quoters. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a cost or price, past performance and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

5. If two or more technically acceptable quotes are equal with respect to price, award shall be made in accordance with the following order of priority:

(1) Small business concerns which are also labor surplus area concerns

(2) Other business concerns which are not also labor surplus area concerns If two or more quoters still remain equally eligible after application of the aforementioned order of priority, award shall be made at the Contracting Officer’s discretion. The drawing shall be made by the Contracting Officer and witnessed by at least two persons and the contract file shall contain the names and addresses of the witnesses.

EVALUATION CRITERIA

1. The quotes will be evaluated under three (3) evaluation factors: Technical Acceptability, Past Performance, and Price.

Factor 1: Technical Acceptability Factor 2: Past Performance Factor 3: Price

2. Factor 1: Technical Quote

A technical quote is required from all quoters and shall be provided with the quote. The contents of the technical quote shall be directly aligned with the qualifications enumerated in the Performance Work Statement (PWS).

The following factors shall be used to evaluate quotes:

Factor 1 -Technical. Technical capability of the product/services quoted to meet the Government's requirement aligned with the measurable qualifications in the Performance Work Statement.

Assigning Ratings. The Technical Acceptability factor will be assigned one of the ratings defined below. Note: Failure to meet any one (1) of the specified technical factors will result in the quote being deemed technically unacceptable.

Technical Quote Acceptability

3. Factor 2 - Past Performance. The Past Performance evaluation will assess the quoter’s probability of meeting the solicitation requirements as indicated by that quoter’s record of past performance. Past Performance is assessed at the factor level after evaluating aspects of the quoter’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Quoters are cautioned that in conducting the performance assessment, the Government may use data provided in the quoter’s quote and data obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems and State Department Watch Lists. Three past performance references for similar services performed within the last three (3) years to either Government and/or private industry contracts are required to be submitted by the quoter. References shall include name(s) of Government agency(s) or commercial firm(s), customer Point of Contact (POC), telephone number, contract number and dollar amount. Past performance areas of evaluation include:

- Business Relations

- Quality of Service

- Schedule

- Customer Satisfaction

(a) Each quoter will receive a performance rating of “Acceptable” or “Unacceptable” based on the Quoter’s recent past performance, focusing on performance that is relevant to the Contract requirements.

(b) Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

(c) Relevancy Assessment. To be relevant, the effort must be similar in nature of work, size, and complexity. The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature of work, size, and complexity to the services/products being procured under this solicitation. Recent past performance is defined as not more than three (3) years from the solicitation release date; relevant in terms of similar nature of work, size and complexity.

Assigning Ratings. The Past Performance Factor will be assigned one of the ratings defined below.

Past Performance Evaluation Ratings

1. Note. In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably, or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

4. Factor 3 - Price. Price will not be scored or rated. Evaluation of price will be performed using one or more price analysis techniques. Through these techniques the Government will determine whether prices are reasonable, complete and balanced.

1. Unbalanced Pricing may be evaluated to assess potential performance risk which could result in unreasonably high prices.

1. Definitions.

Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

(SECTION 5)

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

The following FAR and DFARS clauses and provisions apply to this acquisition.

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I – 52.203-11

52.203-12

Restrictions on Subcontractor Sales to the Government Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

Limitation on Payments to Influence Certain Federal Transactions

52.203-17

52.204-4

52.204-10

52.209-6

52.209-10

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights Printed or Copied Double-Sided on Postconsumer Fiber Content Paper Reporting Executive Compensation and First-Tier Subcontract Awards

Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Prohibition on Contracting with Inverted Domestic Corporations

52.212-4 52.219-1 Alt 1 52.219-6 52.219-14 52.222-3 52.222-21 52.222-26 52.222-36 52.222-41 52.222-50 52.223-18

52.225-13 52.225-25 Contract Terms and Conditions--Commercial Items Small Business Program Representations Notice of Total Small Business Set-Aside Limitations on Subcontracting Convict Labor Prohibition of Segregated Facilities Equal Opportunity Equal Opportunity for Workers with Disabilities Service Contract Labor Standards Combating Trafficking in Persons Encouraging Contractor Policies to Ban Text Messaging While Driving Restriction on Certain Foreign Purchases Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran

52.232-39 52.232-40

52.233-2 52.233-3 52.233-4 52.237-1 252.201-7000 Unenforceability of Unauthorized Obligations Providing Accelerated Payments to Small Business Subcontractors Service of Protest Protest After Award Applicable Law for Breach of Contract Claim Site Visit Contracting Officer’s Representative

252.203-7002

252.203-7005

252.204-7003 252.204-7008

252.204-7009

252.204-7012

252.204-7015

252.225-7001 252.225-7002 Requirement to Inform Employees of Whistleblower Rights Representation Relating to Compensation of Former DoD Officials Control of Government Personnel Work Product Compliance with Safeguarding Covered Defense Information Controls Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information Safeguarding Covered Defense Information and Cyber Incident Reporting Notice of Authorized Disclosure of Information for Litigation Support Buy American and Balance of Payments Program Qualifying Country Sources as Subcontractors

252.232-7010 252.237-7010 Levies on Contract Payments Prohibition on Interrogation of Detainees by Contractor Personnel

252.243-7002 252.244-7000 252.247-7023 Requests for Equitable Adjustment Subcontracts for Commercial Items Transportation of Supplies by Sea

The following additional clauses/provisions apply:

CLAUSES INCORPORATED BY FULL TEXT

52.212-3: Offeror Representations and Certifications -- Commercial Items (Dec 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.

“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 Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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).