W15QKN-17-Q-1011_(Released).pdf

PDF 406 KB Posted Mar 16, 2017

Attached to: Snow and Ice Removal Services for T. Bailey Brown U. S. Army Reserve Center, Grafton, WV
Solicitation number: W15QKN-17-Q-1011
Issued by: Department of the Army Materiel Command Contracting Command Picatinny Arsenal

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SEE ADDENDUM

(No Collect Calls)

W15QKN-17-Q-1011 15-Mar-2017

b. TELEPHONE NUMBER

609-562-5165

8. OFFER DUE DATE/LOCAL TIME

05:00 PM 24 Mar 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W15QKN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NANCY ZENG

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0010947069

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CONTRACTING COMMAND

5418 S. SCOTT PLAZA

JOINT BASE MDL NJ 08640

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

561730

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF90

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W15QKN-17-Q-1011

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTION TO OFFERORS

INSTRUCTIONS TO OFFERORS

The purpose of this solicitation is to procure Snow and Ice Removal Services in support of the 99th Regional Support Command. Services shall be performed at the T. Bailey Brown U.S.

Army Reserve Center, 363 Luby Street, Grafton, WV 26354 (WV014).

2. This requirement has been set aside 100% for Small Business.

3. The Government intends to award a single, firm-fixed-price Requirements contract. The period of performance for this effort shall be a 12-month base period with four, 12-month option periods.

4. Estimated total quantities are provided in the solicitation. These estimates are not a representation to an offeror that the estimated quantities will be required or ordered, or that conditions affecting the requirement will be stable or normal.

5. See Federal Acquisition Regulation (FAR) clause 52.212-1, "Instruction to Offeror – Commercial Items" and FAR 52.212-1, Addendum for additional information.

6. See FAR clause 52.212-2, “Evaluation – Commercial Items” and FAR 52.212-2, Addendum for additional information and for evaluation criteria.

7. A Site Visit is provided to gain understanding of the requirements. Requests shall be submitted via email to the Regional Facilities Operational Specialist (RFOS) listed in the ‘Contract Administration’ section of this document or the Contract Administrator, no later than 12:00 pm EST 21 March 2017.

8. Questions regarding this RFQ shall be submitted via email no later than 12:00PM EST 23 December 2016 to Nancy Zeng, Contract Specialist, nancy.m.zeng.civ@mail.mil and Raina M.

Derrick, Contracting Officer via raina.m.derrick.civ@mail.mil.

9. All services shall be performed in accordance with the Performance Work Statement.

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

11. Attachment(s):

Site Map – Snow, Grafton (WV014)

CONTRACT ADMINISTRATION

CONTRACT SPECIALIST (ADMINISTRATOR):

Name: NANCY ZENG Phone: (609) 562- 5165 E-mail: nancy.m.zeng.civ@mail.mil

CONTRACTING OFFICER:

Name: RAINA M. DERRICK Phone: (609) 562-2414 Email: raina.m.derrick.civ@mail.mil

CUSTOMER:

99TH REGIONAL SUPPORT COMMAND

Program Analyst Name: JENNY SERRANO Phone: (609) 562-7667

Program Analyst Name: LISA CASALETTO Phone: (609) 562-7757

Reginal Facilities Operational Specialist( RFOS) Jason Belcher Phone: (919) 802-7094 jason.m.belcher.civ@mail.mil

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 8 Each Base-Snow Plow 3"-6" WV014

FFP

Contractor shall furnish all plant, labor, materials, equipment, supervision and transportation necessary to provide snow maintenance at T. Bailey Brown USARC 363 Luby Street Grafton, WV 26354-1689 in accordance with the statement of work.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010947069

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 5 Each Base-Snow Plow 6"-10" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 3 Each Base-Snow Plow 10"-14" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0004 2 Each Base- Snow Removal 14" +

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0005 20 Each Base- Ice Melt and Sand

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0006 20 Each Base- Clear Sidewalks

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

0007 2 Each Base- Provide and Maintain Sand Barrels

FFP

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 1 Job Base- Contract Manpower Reporting

FFP

The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the 99th Regional Support Command (RSC) via a secure data collection site. The contractor is required to completely fill in all required data fields using the following address: http://www.ecmra.mil/, and then click on #Department of the Army CMRA# or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Governmental 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, beginning with 2016. 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 of the applicable Service/Component#s CMR website#.

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 8 Each OPTION OY1-Snow Plow 3"-6" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 5 Each OPTION OY1-Snow Plow 6"-10" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1003 3 Each OPTION OY1-Snow Plow 10"-14" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1004 3 Each OPTION OY1- Snow Removal 14" +

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1005 20 Each OPTION OY1- Ice Melt and Sand

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1006 20 Each OPTION OY1- Clear Sidewalks

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

1007 2 Each OPTION OY1- Provide and Maintain Sand Barrels

FFP

1008 1 Job OPTION OY1- Contract Manpower Reporting

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2001 8 Each OPTION OY2-Snow Plow 3"-6" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2002 5 Each OPTION OY2-Snow Plow 6"-10" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2003 3 Each OPTION OY2-Snow Plow 10"-14" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2004 3 Each OPTION OY2- Snow Removal 14" +

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2005 20 Each OPTION OY2- Ice Melt and Sand

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2006 20 Each OPTION OY2- Clear Sidewalks

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2007 2 Each OPTION OY2- Provide and Maintain Sand Barrels

FFP

2008 1 Job OPTION OY2- Contract Manpower Reporting

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3001 8 Each OPTION OY3-Snow Plow 3"-6" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3002 5 Each OPTION OY3-Snow Plow 6"-10" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3003 3 Each OPTION OY3-Snow Plow 10"-14" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3004 3 Each OPTION OY3- Snow Removal 14" +

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3005 20 Each OPTION OY3- Ice Melt and Sand

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3006 20 Each OPTION OY3- Clear Sidewalks

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3007 2 Each OPTION OY3- Provide and Maintain Sand Barrels

FFP

3008 1 Job OPTION OY3- Contract Manpower Reporting

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4001 8 Each OPTION OY4-Snow Plow 3"-6" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4002 5 Each OPTION OY4-Snow Plow 6"-10" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4003 3 Each OPTION OY4-Snow Plow 10"-14" WV014

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4004 3 Each OPTION OY4- Snow Removal 14" +

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4005 20 Each OPTION OY4- Ice Melt and Sand

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4006 20 Each OPTION OY4- Clear Sidewalks

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4007 2 Each OPTION OY4- Provide and Maintain Sand Barrels

FFP

4008 1 Job OPTION OY4- Contract Manpower Reporting

FFP

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER

VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government 4008 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 03-APR-2017 TO

02-APR-2018

N/A 99TH REGION:ATTN DPW OPERATIONS

99TH REGION

363 LUBY STREET

GRAFTON WV 26354

609-410-7317

W81GH2

0002 POP 03-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 03-APR-2017 TO

N/A W6KH CHARLESTON AFR CENTER

W6KH CHARLESTON AFR CENTER

101 LAKEVIEW DRIVE

CROSS LANES WV 25313-1485

0004 POP 03-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 03-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 03-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 03-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 03-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 03-APR-2018 TO

02-APR-2019

N/A 99TH REGION:ATTN DPW OPERATIONS

99TH REGION

363 LUBY STREET

GRAFTON WV 26354

609-410-7317

1002 POP 03-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 03-APR-2018 TO

N/A W6KH CHARLESTON AFR CENTER

W6KH CHARLESTON AFR CENTER

101 LAKEVIEW DRIVE

CROSS LANES WV 25313-1485

1004 POP 03-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 03-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 03-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 03-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 03-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 03-APR-2019 TO

02-APR-2020

N/A 99TH REGION:ATTN DPW OPERATIONS

99TH REGION

363 LUBY STREET

GRAFTON WV 26354

609-410-7317

2002 POP 03-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 03-APR-2019 TO

N/A W6KH CHARLESTON AFR CENTER

W6KH CHARLESTON AFR CENTER

101 LAKEVIEW DRIVE

CROSS LANES WV 25313-1485

2004 POP 03-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 03-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 03-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 03-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 03-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 03-APR-2020 TO

02-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 03-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 03-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 03-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 03-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 03-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 03-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 03-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 03-APR-2021 TO

02-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 03-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 03-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 03-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 03-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 03-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4007 POP 03-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 03-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (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 https://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 --

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

"Women-owned small business concern" means a small business concern--

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

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

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

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 electronically on the SAM website.

(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 representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard 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 ORCA.]

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

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

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

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

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

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

Note to paragraphs (c)(8) and (9): 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, [ ___…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Nov 14, 2017.