W15QKN-19-Q-1231_Solicitation.docx

W15QKN19Q1231

Section SF 30 - Block 14 Continuation Page (SF 30)

ADMIN INFORMATION

Inquiries concerning all contractual actions after award shall be directed first to the contract administrator. In his/her absence, please contact the contracting officer. Subject line must reference the solicitation/contract number.

Changes: the contract administrator will incorporate all changes and other administrative actions to the contract as directed and authorized by the contracting officer.

Contract Administrator Name: Timothy McCleary E-mail: timothy.j.mccleary.civ@mail.mil Office: (609) 562-4299

Contracting Officer:

Name: Julie Cameron E-mail: Julie.a.cameron.civ@mail.mil Office: (609) 562 – 7026

Section 00 10 00 - Solicitation

STATEMENT OF WORK

1. SUBJECT: Provide labor and material for the installation of one (1) Motorized Traffic Controller MTC31FM (Flush Mounted) Traffic Spikes and Access Gate System.

2. SCOPE OF WORK: The work covered in this contract consists of furnishing all plants, labor, expertise, equipment, facilities, transportation, and appliances necessary to perform operations in connection with the work described in paragraph 3 “SUMMARY OF WORK”. Any perceived differences between this scope of work and the contractor’s opinion is to be resolved by the Contracting Officer or designated representative.

SUMMARY OF WORK:

IMPORTANT

The contractor shall be responsible for providing all the technology, means and methods in performing this work. Furthermore, the contractor shall fully adhere and comply with the approved Safety, Health and Environmental plans, this project’s specifications (where applicable), NFPA, and the NYC and NEC electrical code. The Contractor shall comply with all Occupational Safety & Health Administration (OSHA) rules and regulations, Uniform Federal Accessibility Standards (UFAS), as well as, but not limited to environmental regulations and standards. Furthermore, all code compliance and requirements questions are to be coordinated with the Department of Public Works (DPW). The Contractor shall perform the following work (but not limited to):

The Contractor shall provide labor and material IAW specifications and diagrams submitted with this scope of work;

· Contractor to conduct electrical load calculation from Building 129 Emergency Boiler Shut Off room located on the North East Side of Building 129 to determine if there is enough power to feed Traffic Spikes and Access Gate Equipment System, IAW electrical requirement as per Manufacturer’s Installation Instruction Manual.

· Conduct utility locate prior to digging.

· Contractor to provide 240 L.F. of electrical dedicated line IAW Manufacturer’s Installation Instructions/Specifications. Electrical lines to be in accordance with NYC Building and National Electrical Code.

· Contractor to provide rough-in electrical from source to termination point, IAW Manufacturer’s Installation Instructions/Specifications.

· Contractor to provide final electrical installation for equipment only.

· Delta Scientific Corporation (Vendor) shall provide a copy of transferable manufacturer’s warranty to the Government.

SCOPE OF WORK HAM1 DES067 OM8J

Traffic Spikes and Access Gate System (Flush Mounted)

· Contractor to properly restore pavement and grounds upon completion of work.

· Contractor to provide “Schedules for Construction Contracts” as per FAR Clause 52.236-15.

· Contractor to comply with “Material and Workmanship” as per FAR Clause 52.236-5.

· Contractor to provide “Superintendent by the Contractor” as per FAR Clause 52.236-6.

· Contractor to provide “Inspection of Construction” as per FAR Clause 52.246-12.

· Contractor to conform with FAR Clause 52.236-21 “Specifications and Drawings for Construction” and provide drawings to GIS for real property record up-date.

· Contractor to provide the following equipment IAW manufacturer’s installation:

QUANTITY

MTC31FM-LT

DELTA SCIENTIFIC CORPORATION

MOTORIZED CONTROLLER-LEFT BELOW GRADE W/ACCESS DOOR, 1- TUNNEL & 2-MODULES.

MTC31-11

MTC/GATE SYNCHRO CIRCUIT

MPL-10LED

8” LED STOP/GO SIGNAL RED/GREEN

120 V, FULL VISOR, CHASE NIPPLE & LOCK NUT

MPL-20B

48” HIGH POST W/12” SQUARE MOUNTING FLANGE COLOR IS BLACK

LMA-1250-LV

VEHICLE LOOP DETECTOR, 24 VAC, 50/60 HZ OR 12-24 VDC DIP SWITCHES SET TO FAILSAFE

OC02-11

DETECTOR HARNESS – 11 PIN

WS7000D

DBL SIDED WARNING SIGN (UL) W/: PHOTO CELL & FLOOD LIGHT

MTC31-07

120 V HEATER KIT & THERMOSTAT FOR 1-TUNNEL AND 2-MODULES.

AG812-100W

ACCESS GATE – STD LEFT HAND 100- 120/1/50-60 MOTOR, WHITE NO HEATER OR DART OPTION

SCOPE OF WORK HAM1 DES067 OM8J

Traffic Spikes and Access Gate System (Flush Mounted)

AG812-31

12’ ALUMINUM GATE ARM 1” X 4” W/YEL-BLK TAPE

Furthermore, the Contractor will comply with all environmental rules and regulations regarding to the proper disposal of materials infected with/by mold, during and after completion of work.

GENERAL NOTES:

A. The Contractor shall, unless otherwise stated, secure and pay for any and all required construction permit(s), utility service interruption, fees & licenses necessary for the proper execution of the work.

B. The Contractor shall perform all cutting and patching required to complete the work or to make its parts fit together properly without compromising the quality of the work.

C. The Contractor shall be responsible for adequately bracing and protecting all work against damage, breakage, collapse, distortions, and misalignment during construction according to codes and standards of good practice.

D. The Contractor shall notify, in writing, the Department of Public Works (DPW) of any scheduled utility service interruption deemed necessary, three weeks in advance and prior to beginning the work schedule.

E. In the event of utility service interruption, the Contractor shall notify the Department of Public Works (DPW) immediately.

F. Contractor: Your point of contact is Drew Cavosi (718) 630-4991 and Alex DeBrito (718) 630-4741. Contractor shall meet with POC immediately to discuss problem areas, and shall be responsible for all work performed.

G. CONTRACTOR SHALL PERFORM CLEAN-UP OF JOB SITE ON A DAILY BASIS. THERE SHALL BE NO DEBRIS AT ALL LEFT ON JOB SITE AFTER C.O.B. EVERY DAY.

H. Contractor: You must provide a Point of Contact (POC) name, phone number and electronic mail, to the Department of Public Works (DPW), should the need arise.

I. If any excavation is needed during this work the Contractor is responsible to obtain a digging permit from the Base Operations contractor – POC Mr. Carmine Russolilo, (718) 630-4715, located in Building 128.

J. Contractor must provide work schedule for the job, i.e., time, date performance period, etc.

K. Any item’s that may have been unintentionally omitted from this specification, but which constitute acceptable practice in the trade, does not relieve the contractor of his/hers responsibility to perform same. Contractor shall report to Government COR, any dangerous or problematic condition which he/she may uncover in the course of executing this specification.

L. On-site inspection(s) shall be performed prior to submittals, to verify measurements and field conditions.

M. All OSHA safety measures shall be taken while work is in progress. All work shall be performed by experienced workers with proper tools, equipment, and in a good workman-like manner.

N. Upon completion, contractor shall remove all debris from Government property. Contractor shall leave the job site each day in a neat broom swept appearance and suitably cordoned off from the passage of non-construction personnel.

O. Contractor shall register with Base Police and Visitor Center before commencement of work.

P. Contractor shall supply COR with cut sheets of significant materials to be installed, including but not limited to name, model, quality and any other pertinent information, prior to installation.

Q. All work will be performed during the hours of 8:00 PM to 5:00 AM, Monday through Friday unless otherwise noted in this scope of work. Fort Hamilton is closed on all Federal Holidays.

Any perceived difference between this SOW is to be resolved by the Contracting Officer or designated representative. Point of contact is Lead Construction Control Representative Drew Cavosi who can be reached at (718) 630-4991 and Construction Control Representative Alex DeBrito that can be reached at (718) 630-4741.

Contractor shall be responsible for all work performed and is responsible to report to the Government POC, any dangerous or problematic conditions which they may uncover in the course of executing this specification.

All work shall be performed by experienced workers with proper tools, equipment, and in good workman like manner.

3. ENVIRONMENTAL REQUIREMENTS:

If you encounter any suspect material(s), the contractor shall cease work immediately and notify the Government POC’s identified above.

4. PERIOD OF PERFORMANCE:

The period of performance shall proceed as follows. A preconstruction meeting will be held immediately after award. Start of project will commence after scheduling with the, Building Manager, Government & RBS Representatives. The contractor will proceed after scheduling has been determined and is required to complete the project within 30 working days after the Pre-Construction meeting. The contractor will not be held liable if performance period is altered due to availability of materials or weather conditions.

5. WASTE MANAGEMENT & RECYCLE GUIDELINES:

Waste Management Plan

I. Acknowledgement

The undersigned hereby agrees to comply with the laws of, the State of NY, and the mandates of the Department of the Army relative to the handling of solid waste on Fort Hamilton.

II. Contractor and Work Information The name of the Company performing the work (Contractors Name & Phone Number) and (What work is going to be performed).

III. Work Timeframe As stated in (5. Period of Performance).

IV. Purpose It is a requirement of the Department of the Army to report all demolition and construction debris and recycling from all work sites. Executive Order 13514, Army Regulation 200-1, and IMCOM mandate 52% of all demolition and construction on Fort Hamilton will be recycled on every construction project.

V. Planning When any construction or renovation work is planned on Fort Hamilton, the contractor will meet with the Solid Waste/Recycling Coordinator Ms. Carolyn Pilagonia who can be reached at 718-630-4147 to establish goals for solid waste diversion and tailor a strategy for each project. This plan will address preconstruction strategy, as well as, diversion plans during and after construction. The contractor will identify all diversion opportunities for the project. The Solid Waste/Recycling Coordinator will work with the contractor to develop methods for diversion and a means for monitoring the process.

The contractor will take a proactive approach and will be responsible for the management of the construction and demolition waste and require all sub-contractors, vendors and suppliers to participate in the effort.

Farm Security and Rural Investment Act of 2002, Section 9002.

Executive Order 13423; AR 420-1, Army Facilities Management, 12 February 2008.

The plan shall demonstrate how the project waste diversion goal shall be met and actions that will be taken to reduce solid waste generation, including coordination with subcontractors to ensure awareness and participation.

VI. Construction & Demolition Debris (C&D) Construction and demolition waste includes products of demolition or removal, excess or unusable construction materials, packing materials for construction products and other materials generated during the construction process but not incorporated into the work. Military Construction Codification Act of 1982, Public Law 97-214.

8. WASTE MANAGEMENT & RECYCLE GUIDELINES:

Waste Management Plan

VII. Recycle

Waste materials not suitable for reuse, but having value as being recyclable, shall be made available for recycling in accordance with Local Law 19 of 1989 and 87 of 1992 detailing the recycling requirements for city agencies and institutions. Local Law 87 of 1992, requires all commercial establishments to recycle certain materials and Local Law 11 of 2002. All fluorescent lamps, HID lamps and mercury-containing thermostats removed from the site shall be recycled. Arrange for timely pickups from the site or deliveries to recycling facilities in order to prevent contamination of recyclable material.

The contractor is to provide on-site instruction of appropriate separation, handling, recycling, salvage, re-use and return methods to be used by all parties at the appropriate stages of the project.

The contractor is further encouraged to minimize solid waste generation throughout the duration of the project.

VIII. Waste Materials with no practical use or economic benefit shall be disposed at a landfill or incinerator. These materials must be quantified in weight and reported to the Solid Waste/Recycling Coordinator for inclusion in the Solid Waste Annual Report. The Resource Conversation and Recover Act (RCRA, Public Law 94-580, 21 October 1976 to include Part 246, Part 247 and Part 261. The Pollution Prevention Act of 1990, Public Law 101-508, November 1990; Federal Facilities Compliance Act, 6 October 1992; Federal Property and Administrative Services Act of 1949, Public Law 152; 10 U.S. Code 2577, Disposal of Recyclable Materials.

IX. Reporting All records for total tonnage/pounds on all recyclables and construction debris will be given to the Recycling Coordinator. Information on solid waste short term jobs can be given at the end of the job, prior to the closeout. Larger jobs will require more frequent reporting. This will be determined prior to construction start date.

Evidence of the disposal facility’s acceptance of the recyclables/solid waste must be provided to the Solid Waste Manager/Recycle Coordinator. A weight ticket along with estimated amounts of recycled and C&D debris will be sufficient.

SCOPE OF WORK HAM1 DES067 OM8J

Traffic Spikes and Access Gate System (Flush Mounted) IX. Reporting List each type of material and respective weight separately noting the disposal or diversion date. Identify the landfill, recycling center, waste processor, or other organizations used to process or receive the solid waste. Provide explanations for any waste not recycled or reused.

6. WASTE MANAGEMENT & RECYCLE GUIDELINES

Waste Management Plan

X. Disposal and Land Fill Information

SCOPE OF WORK HAM1 DES067 OM8J

Traffic Spikes and Access Gate System (Flush Mounted)

7. Passes and Badges - All contractor employees shall obtain employee and vehicle badges and passes, as required by the agency, for the specific TO project site prior to the start of on- site work. The agency will issue badges it requires, without charge, and the badges must be worn, clearly visible, by the employees at all times while on site. When an employee leaves the contractor's service, or when access is no longer required, the employee's pass and badge shall be returned in accordance with agency requirements. A COPS PASS and Statement of Responsibility for Contractors request must also be filled out prior to accessing the installation prior to issuance of badges and passes.

7.1. Anti-Terrorism Requirements

The contractor must comply with all the provisions of AR 525-13 which include the U.S. Government “No Double Standard” Policy IAW AR 525-13, Chapter 3, Paragraph 3-5, Page 11 and Antiterrorism Level I Awareness Training, Chapter 5, Paragraph 5-26, Page 23, which is an annual requirement.

7.2. AT Level I Training. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 5 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.

7.3. 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.

7.4. I WATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local I WATCH program (training standards provided by the requiring activity ATO). This locally 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 5 calendar days of contract award and within 15 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

SCOPE OF WORK HAM1 DES067 OM8J

Traffic Spikes and Access Gate System (Flush Mounted)

7.5. Contractor Employees Who Require Access to Government Information Systems: All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

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

7.7. For Information assurance (IA)/information technology (IT) training: All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoD 0.01-M and AR 25-2 within six months of employment.

Spike System for 7th Ave Gate

FFP

Spike System for 7th Ave Gate FOB: Destination

PURCHASE REQUEST NUMBER: 0011349270

PSC CD: N059

NET AMT

Bonding cost

FFP

Bonding cost FOB: Destination

PURCHASE REQUEST NUMBER: 0011349270-0001

PSC CD: N059

NET AMT

DELIVERY INFORMATION

NYAC ENGINEERS

DIRECTORATE OF PUBLIC WORKS

BLDG 129 GRIMES STREET

BROOKLYN NY 11252-7400

210-466-0553 FOB: Destination

W16JGG

FOB: Destination

W16JGG

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS TO OFFERORS

1. All questions shall be in writing and emailed to Timohy McCleary at timothy.j.mccleary.civ@mail.mil

2. It is the offeror’s responsibility that all quotes submitted, regardless of method of submission, are received in this office no later than the time and date identified in Block 13A of the SF1442. You may email your offer to Timothy McCleary at timothy.j.mccleary.civ@mail.mil or mail or hand-carry your offer to ACC-NJ-WS, Attn: Timothy McCleary, 5418 South Scott Plaza, Fort Dix New Jersey 08460.

3. 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).

4. All work is to be completed in accordance with the Statement of Work (SOW).

5. Contractor must be registered in System for Award Management (SAM) to be considered for award. To obtain information on SAM and-or to register with SAM, visit web site at https://www.sam.gov.

6. All invoices shall be submitted through Wide Area Workflow (WAWF), the Government's mandatory payment method. Contractor must be registered in WAWF to receive payment through electronic funds transfer (EFT). If not currently registered please visit https://wawf.eb.mil.

BASIS FOR AWARD

Award will be made only after agreement has been reached on all terms and conditions, and on fair market value for the supplies and services to be acquired.

CLAUSES INCORPORATED BY FULL TEXT

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of clause)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Email Timothy McCleary at timothy.j.mccleary.civ@mail.mil by Friday July 12th at 12:00 PM Eastern Standard Time (EST)

See 52.236-27 Site Visit Alternate for Site Visit date and time

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for—

Tuesday 16-July-2019 at 10am

(c) Participants will meet at—

DPW Building 129 Wainwright Drive

(End of provision)

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $15,000,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

(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 concern eligible under the WOSB Program.

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 the size standard in paragraph (b) of this provision.

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.

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 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) The North American Industry Classification System (NAICS) code for this acquisition is ___ --[insert NAICS code].

(2) The small business size standard is ___ --[insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [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.

(3) [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 women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(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.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB 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)(5)(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.

(6) [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.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(8) [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)(8)(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) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE