W15QKN-18-Q-1230_Solicitation_Document.docx

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Attached to
Electronic Security System Maintenance Federal contract opportunity
Solicitation number
W15QKN-18-Q-1230
Issued by
Department of the Army Materiel Command Contracting Command Picatinny Arsenal

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Please review attached solicitation document W15QKN-18-Q-1230 for instructions and statement of work.

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W15QKN18Q1230

Section SF 30 - BLOCK 14 CONTINUATION PAGE

CONTRACT ADMIN

CHANGES: The Contract Specialist will incorporate all changes and other administrative actions to the contract as directed and authorized by the Contracting Officer.

Contracting Officer: Julie A. Cameron 609-562-7026 julie.a.cameron.civ@mail.mil

Contract Specialist: Timothy McCleary 609-562-4299 timothy.j.mccleary.civ@mail.mil

INSTRUCTIONS TO OFFERORS

1. The purpose of this Request for Proposal (RFP) is to procure Electronic Security System (ESS) Maintenance Services to the USAG Fort Hamilton, Brooklyn, New York 11252.. The Government intends to award a single, firm-fixed-price contract.

The period of performance for this effort shall be a 12-month base period and three, 12-month option periods from date of contract award.

2. Offeror must be registered in the System for Award Management (SAM) in order to be awarded a Department of Defense contract. If you need to register in SAM, go to the website https://www.sam.gov/.

3. You must include all representations and certifications Federal Acquisition Regulation (FAR) Clause 52.212-3 that are included in this solicitation with your proposal.

4. Quote must be submitted on the completed and signed Standard Form 1449. CAGE code, DUNS number and organization’s socioeconomic status; e.g., 8(a), Small Disadvantage Business (SDB), Woman-Owned Small Business (WOSB), must be attached to or written on the quote/offer.

5. See 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. Questions regarding this RFP shall be submitted via email to Timothy McCleary, Contract Specialist timothy.j.mccleary.cvi@mail.mil

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

9. All offers shall remain valid for 60 calendar days.

10. BASIS FOR AWARD - Award will be made to the lowest priced offeror who meets the technical requirements of the Solicitation

The Government will evaluate offers for award purposes by adding the total of all CLIN prices. As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding six (6) months of the offeror's final option period price to the offeror's total price. Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six-month extension of services period. The Government may choose to exercise the extension of services at the end of any performance period (base or option periods), utilizing the prices of that performance period.

11. The offer shall include, along with a completed copy of the pricing schedule and completed page 1, completed reps and certs as applicable, a DETAILED ITEMIZED PRICE BREAKDOWN, TO INCLUDE PRICE OF MATERIALS, LABOR, PROFIT, MOBILIZATION, BONDS AND OVERHEAD for each contract line item number (CLIN).

12. QUOTE SUBMITTAL:

a. Quotes shall be submitted on Standard Form (SF) 1449.

b. Quotes shall be valid for 60 days unless specified here _____.

c. Pricing shall be submitted in the proper format. The proper format consists of QUANTITY x UNIT PRICE = TOTAL AMOUNT. In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended price. If the offeror shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended price.

d. Quote should include FOB DESTINATION PRICING; freight should not be listed separately. Line Item pricing should include all applicable taxes, fees, gratuities, commissions, services charges, etc. The Federal Government is tax exempt.

STATEMENT OF WORK

PERFORMANCE WORK STATMENT

14 May 2018

Electronic Security System (ESS) Maintenance Services for the USAG Fort Hamilton, Brooklyn, New York 11252

1.0 SYNOPSIS. The Contractor shall provide ESS Maintenance Services to the USAG Fort Hamilton, Brooklyn, New York 11252. The technician(s) shall provide maintenance, service, adjustment, and repair of Electronic Security Systems (ESS). Systems to be maintained are all components of the ICIDS IV system.

2.0 PREVENTIVE MAINTENANCE (PM) AND REMEDIAL SERVICE 2.1The Contractor will be on site for 40 hours (5 duty days / 8 hours per day consecutively) at Fort Hamilton AG for the purpose of quarterly inspections, preventive maintenance (PM) and remedial service.

2.2The contractor will provide one (1) fully qualified ICIDS-III service technician per visit.

2.3Remedial service will be at the direction of the COR and will be conducted immediately upon arrival at the USAG Fort Hamilton.

2.4 Once remedial service has been completed, the following services will be conducted with the remaining time on site:

2.5 PMC database backup

2.6 Service laptop backup

2.7 Exporting and clearing of Windows event logs

2.8 Exporting and clearing of PC-Starwatch event logs

2.9 Verifying and correcting network UTC time

2.10 Defragging of all ICIDS PC hard drives

2.11Perform ICIDS approved PMCS on OPWS and RSM

2.12 Perform thorough zone inspection of ICIDS zones to include the following:

2.13 Check RADC for accuracy and cleanliness (inside and out), clean as necessary.

2.14 Check RADC CMOS battery for corrosion and usefulness, replace as necessary.

2.15 Check RADC backup battery for usefulness, replace as necessary.

2.16 Check all devices for proper mounting, correct as necessary.

2.17 Perform full walk test of zone, replace dysfunctional hardware as necessary.

2.18 Check all keypads for functionality including duress function.

2.19 Check RF Global Fault for functionality where necessary.

2.20 Verify proper operation of PMC/OPWS/RSM UPS.

2.21Thoroughly document all incidents discovered during inspections

2.22 During inspection / PM if any test reveals a weakness in original design of the zones security system, evidence of tampering with security system or any other irregularities, notification to the COR will be immediate and it will be noted on Inspection / PM documentation.

2.23Each PM will be accompanied by Inspection / PM documentation which will be signed at completion of inspection by tenant representative.

2.24All Inspection / PM documentation will be handed over to COR at completion of quarterly maintenance period. All hardware will be provided by COR.

2.25Four (4) preventive maintenance visits are to be conducted annually.

2.26There are 44 zones intended for the Fort Hamilton installation consisting of the ICIDS equipment listed in (Enclosure 1 and 2) with reflected updates.

3.00 EMERGANCY SERIVCE

3.01The Contractor will provide one (1) fully qualified ICIDS-IV service technician per visit for a maximum of eight (8) hours per authorized visit to perform emergency repairs.

3.02 Emergency repair service will be performed within four (4) hours notice from the COR or alternative authorized representative.

3.03 The Contractor will maintain a small amount of emergency service hardware in the event the COR does not have it available for an emergency service call. It will be replaced by the COR within five (5) days of the contractor using it in a repair.

3.04 Written documentation of the emergency repair services performed will be furnished to the COR or alternative authorized representative within five (5) days of service.

3.05 The contractor will be expected to respond to a minimum of six (6) emergency service visits to be conducted at the discretion of DES.

4. DELIVERABLES.

4.1 Reports. Contractor shall submit Maintenance and Service Reports quarterly in hard copy and electronic format four (4) hard copies and two (2) electronic for Government information.

Reports transmitted to USAG Fort Hamilton, Brooklyn, New York will be sent to the following addresses:

Two (2) Hard Copies and One (1) electronic Directorate of Emergency Services

406 General Lee Avenue
ATTN: PO Maryann Tighe
Brooklyn, New York 11252-5900

Two (2) Hard Copies and One (1) electronic

Directorate of Emergency Services
406 General Lee Avenue
ATTN: Michael Canter
Brooklyn, New York 11252-5900 This new requirement

4.2 This new requirement will be reported on the Contractor Manpower Reporting Application (CMRA).

5. Security.

5.1. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within XX calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.

5.2. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training 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 shall be completed within XX calendar days of contract award and within YY calendar days of new employees commencing performance with the results reported to the COR NLT [insert number of calendar days] calendar days after contract award.

5.3 Access and General Protection/Security Policy and Procedures. Contractor and all associated sub-contractors 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.

5.4 For Contracts that Require 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

6.0 Coordination of Work. Contractor shall coordinate all work with the On-Site Representative.

7.0 Digging and Trenching. Contractor shall mark proposed locations for all digging and trenching/underground work and coordinate with the On-Site Representative for determination of potential underground installation interferences at least 5 work days prior to the planned start of the digging and trenching/underground work.

8.0 SAFETY. Work shall be performed in accordance with Corps of Engineers Safety Manual EM 385-1-1. The Contractor shall prepare and submit to the Government for review and acceptance a Site Specific Accident Prevention Plan (Health and Safety Plan) per Corps of Engineers Safety Manual EM 385-1-1 (Reference Appendix A of EM 385-1-1 for “Minimum Basic Outline for Accident Prevention Plan”). The Accident Prevention Plan shall include Activity Hazard Analysis for the project. The Contractor’s Accident Prevention Plan must be submitted and accepted by the Government prior to starting any maintenance activities at the site. The Accident Prevention Plan with the Hazard Activity Analysis shall be submitted to the Government by cover letter from the Contractor.

9.0 POINTS OF CONTACT (POC).

9.1 On-Site Representative.

9.1.1 Ft. Hamilton, NY. PO Maryann Tighe, (718) 630-4691.

9.1.2 Ft. Hamilton, NY. Mr Michael L. Canter, (718) 630-4345.

9.1.3 Fort Dix, NJ Mission Contracting Office

10.0 GOVERNMENT SUPPORT. The sites shall provide, as a minimum, the Contractor and its subcontractors with access to the site five days a week, 0800 to 1600, excluding US Federal holidays. The sites may also provide access at other times to include weekends and after duty hours after receipt of 24-hour request notice or as requested for trouble calls.

11.0 PAYMENT SCHEDULE. Payments shall be made monthly.

12.0 QUALITY ASSURANCE.12.1 Quality Assurance (QA). The Government shall perform QA of the Contractor's performance under this contract using the method of surveillance specified in the Quality Assurance Surveillance Plan (QASP), Table 1. The Government shall conduct QA inspections on all phases and types of work performed. The Government reserves the right to perform QA inspections at any time.

Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4
Each

BASE YR QUARTERLY PREVENTIVE MAINTENANCE

FFP

BASE YR QUARTERLY PREVENTIVE MAINTENANCE

FOB: Destination

PURCHASE REQUEST NUMBER: 0011222608

PSC CD: 6350

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
6
Each

BASE YR EMERGENCY SERVICE

BASE YR EMERGENCY SERVICE

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

BASE YR CONTRACTOR MANPOWER REPORTING

Contract Manpower Reporting "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 Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web 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 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.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4
Each
OPTION
OPT YR 1 QUARTERLY PREVENTIVE MAINTENANC

FFP

OPT YR 1 QUARTERLY PREVENTIVE MAINTENANC

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
6
Each
OPTION
OPT YR 1 EMERGENCY SERVICE

FFP

OPT YR 1 EMERGENCY SERVICE

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
OPT YR 1 CONTRACTOR MANPOWER REPORTING

FFP

Contract Manpower Reporting "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 Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web 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 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.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4
Each
OPTION
OPT YR 2 QUARTERLY PREVENTIVE MAINTENANC

FFP

OPT YR 2 QUARTERLY PREVENTIVE MAINTENANC

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
6
Each
OPTION
OPT YR 2 EMERGENCY SERVICE

FFP

OPT YR 2 EMERGENCY SERVICE

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
OPT YR 2 CONTRACTOR MANPOWER REPORTING

FFP

Contract Manpower Reporting "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 Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web 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 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.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4
Each
OPTION
OPT YR 3 QUARTERLY PREVENTIVE MAINTENANC

FFP

OPT YR 3 QUARTERLY PREVENTIVE MAINTENANC

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
6
Each
OPTION
OPT YR 3 EMERGENCY SERVICE

FFP

OPT YR 3 EMERGENCY SERVICE

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
OPT YR 3 CONTRACTOR MANPOWER REPORTING

FFP

Contract Manpower Reporting "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 Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web 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 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.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
N/A
N/A
N/A
Government
0002
N/A
N/A
N/A
Government
0003
N/A
N/A
N/A
Government
1001
N/A
N/A
N/A
Government
1002
N/A
N/A
N/A
Government
1003
N/A
N/A
N/A
Government
2001
N/A
N/A
N/A
Government
2002
N/A
N/A
N/A
Government
2003
N/A
N/A
N/A
Government
3001
N/A
N/A
N/A
Government
3002
N/A
N/A
N/A
Government
3003
N/A
N/A
N/A
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 01-OCT-2018 TO

30-SEP-2019

N/A
W4LK USAG FORT HAMILTON

W4LK USAG FORT HAMILTON

DIR OF LOGISTIC PROPERTY BOOK OFF

BLDG 125 GRIMES ROAD NORTH

BROOKLYN NY 11252-1800

609-562-3689 FOB: Destination

W16JGT

0002
POP 01-OCT-2018 TO

30-SEP-2019

N/A
(SAME AS PREVIOUS LOCATION)

W16JGT

0003
POP 01-OCT-2018 TO

30-SEP-2019

N/A
(SAME AS PREVIOUS LOCATION)

W16JGT

1001
POP 01-OCT-2019 TO

30-SEP-2020

N/A
(SAME AS PREVIOUS LOCATION)

W16JGT

1002
POP 01-OCT-2019 TO

30-SEP-2020

N/A
(SAME AS PREVIOUS LOCATION)

W16JGT

1003
POP 01-OCT-2019 TO

30-SEP-2020

N/A
(SAME AS PREVIOUS LOCATION)

W16JGT

2001
POP 01-OCT-2020 TO

30-SEP-2021

N/A
(SAME AS PREVIOUS LOCATION)

W16JGT

2002
POP 01-OCT-2020 TO

30-SEP-2021

N/A
(SAME AS PREVIOUS LOCATION)

W16JGT

2003
POP 01-OCT-2020 TO

30-SEP-2021

N/A
(SAME AS PREVIOUS LOCATION)

W16JGT

3001
POP 01-OCT-2021 TO

30-SEP-2022

N/A
(SAME AS PREVIOUS LOCATION)

W16JGT

3002
POP 01-OCT-2021 TO

30-SEP-2022

N/A
(SAME AS PREVIOUS LOCATION)

W16JGT

3003
POP 01-OCT-2021 TO

30-SEP-2022

N/A
(SAME AS PREVIOUS LOCATION)

W16JGT

CLAUSES INCORPORATED BY REFERENCE

52.204-7
System for Award Management
OCT 2016
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.212-4
Contract Terms and Conditions--Commercial Items
JAN 2017
52.217-5
Evaluation Of Options
JUL 1990
52.222-41
Service Contract Labor Standards
MAY 2014
52.222-42
Statement Of Equivalent Rates For Federal Hires
MAY 2014
52.222-50
Combating Trafficking in Persons
MAR 2015
52.222-55
Minimum Wages Under Executive Order 13658
DEC 2015
52.223-2
Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.228-5
Insurance - Work On A Government Installation
JAN 1997
52.229-3
Federal, State And Local Taxes
FEB 2013
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
JUL 2013
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-3
Protest After Award
AUG 1996
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.237-3
Continuity Of Services
JAN 1991
52.242-13
Bankruptcy
JUL 1995
52.246-4
Inspection Of Services--Fixed Price
AUG 1996
52.246-25
Limitation Of Liability--Services
FEB 1997
52.247-34
F.O.B. Destination
NOV 1991
52.252-2
Clauses Incorporated By Reference
FEB 1998
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
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.209-7997 (Dev)
Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law - DoD Appropriations
JAN 2013
252.223-7006
Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.225-7012
Preference For Certain Domestic Commodities
DEC 2017
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.237-7023
Continuation of Essential Contractor Services
OCT 2010
252.243-7002
Requests for Equitable Adjustment
DEC 2012
252.246-7000
Material Inspection And Receiving Report
MAR 2008
252.247-7023
Transportation of Supplies by Sea
APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

(a) Definitions. As used in this clause--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 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 --

“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 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.

(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 SAM.]

(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.

(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.

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

(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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No.
Country of Origin
___
___
___
___
___
___

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No.
Country of Origin
___
___
___
___
___
___

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify 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.”

Other Foreign End Products:

Line Item No.
Country of Origin
___
___
___
___
___
___

(iv) The…

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