Solicitation_-_W25G1V-16-R-0009.pdf
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- CPP S-788/G Rigid Wall Shelter, IDIQ
- Solicitation number
- W25G1V-16-R-0009
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| Attachment_IV_-_Past_Performance_Questionnaire_Form.doc | DOC document | |
| Attachment_III_-_Offeror's_Proposed_Pricing.xlsx | XLSX spreadsheet | |
| Attachment_I_-_SOW.pdf |
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CODE
(Hour)
PAGE(S)
until 12:00 PM local time 09 Jun 2016
X
A
X B
X C X D
EX
X
G
F 30 - 43
44 - 51
X H 52 - 53 john.e.thomas.civ@mail.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 53
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
W25G1V 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
See Proposal Submission Instr conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
JOHN E THOMAS 570-615-9720
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 3
4 - 7
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 12 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 13 - 15 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
16 - 28
PART II - CO NTRACT CLAUSES
ACC-APG TOBYHANNA DIVISION
JOHN E THOMAS
JOHN.E.THOMAS.CIV@MAIL.MIL
P: 570-615-9720
TOBYHANNA PA 18466-5100
570-615-9720
570-615-6794FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.
W25G1V533501Q0
5. DATE ISSUED
09 May 2016
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W25G1V-16-R-0009
Section A - Solicitation/Contract Form
ADDENDUM
ADDENDUM TO STANDARD FORM (SF) 33, SECTIONS A THROUGH M
1. This Request for Proposal (RFP) is being conducted in accordance with (IAW) FAR Part 15, Contracting by Negotiation, under Full and Open Competition.
2. This RFP is for one, three year Indefinite Delivery/Indefinite Quantity (IDIQ) contract, one award. Any resultant contact will be a Firm Fixed Priced IDIQ. Pricing must be proposed for the minimum and estimated quantities in order for offer to be considered.
3. Drawings at Attachment II will be furnished upon request. Offerors are instructed to request the drawings from the contract specialist, john.e.thomas.civ@mail.mil. The drawings will be released only to sources that provide proof of having a current and valid ITAR/ETAR registration on the Joint Certification Program.
4. The minimum acceptance period for offer is sixty (60) days from date specified in Block 9 on page 1.
5. Certified Cost of Pricing Data and Data Other than Certified Cost and Pricing Data are not required with proposal submitted, per DFARS Clause 252.215-7008. Should the offeror be notified that Certified Cost and Pricing Data or Other than Certified Cost and Pricing Data will be required, IAW DFARS 252.215-7008, the offeror agrees, by submission of its offer, to provide data requested IAW FAR Clause 52.215-20.
6. Offeror’s attention is directed to Section L, Instructions, Conditions, and Notices, of this solicitation for required proposal submission instructions and evaluation factors. All required information found in Section L must be submitted with proposal or proposal may not be considered.
7. Basis for award will be made IAW Section M of this solicitation.
8. Any amendments issued to this solicitation will be synopsized in the same manner as this solicitation. All offerors are required to acknowledge any and all amendments issued to the solicitation.
9. Any questions regarding this solicitation shall be submitted electronically, via e-mail, to
John.E.Thomas.civ@mail.mil. A Question & Answer document will then be posted on the
FBO site as an attachment. This document will be posted and updated at the discretion of the
Contract Specialist. If a Q&A requires a change to the solicitation, that change, as well as an amendment, will be posted as soon as practicable.
10. SUBMISSION OF PROPOSAL: In accordance with Section L, Submission Instructions and Evaluation Factors, the offeror’s proposal must be submitted through the FBO.gov
Electronic Response, Document Upload feature. Instructions on this feature can be found in mailto:JOHN.E.THOMAS.CIV@MAIL.MIL mailto:John.E.Thomas.civ@mail.mil the Vendor User Guide (paragraph 4.3) under the Getting Started tab on the FBO.gov website. Email, faxes and hard copy proposals WILL NOT BE ACCEPTED.
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 2 Each Minimum Purchase
FFP
OFFEROR SHALL PROPOSE ALL PRICING IN ATTACHMENT III
OFFERORS PROPOSED PRICING ONLY.
CPP S-788/G Shelter
PN: ALH-100052-003
This CLIN 0001 is for the Minimium IDIQ purchase quantity of two (2) Shelters.
Required Delivery Schedule will be IAW with Attachment I - Statement of Work.
FOB: Destination
NSN: ALH-100052-003:318U8
MILSTRIP: W25G1V533501Q0
PURCHASE REQUEST NUMBER: W25G1V533501Q0
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 9 Each Contract Year One
FFP
CLIN PoP shall be for a period of 1 year after Date of Award.
UNIT UNIT PRICE MAX AMOUNT
0003 9 Each Contract Year Two
FFP
CLIN PoP shall be for a period of 1 year after expiration of CLIN 0002.
UNIT UNIT PRICE MAX AMOUNT
0004 9 Each Contract Year Three
FFP
CLIN PoP shall be for a period of 1 year after expiration of CLIN 0003.
IDC CONSTRAINTS
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
MAXIMUM
2.00 11.00
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each
Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
MAXIMUM
1.00 9.00
Section C - Descriptions and Specifications
STATEMENT OF WORK
The Statement of Work shall be found at Attachment I to this solicitation.
Section D - Packaging and Marking
PACKAGING
All packaging and marking shall be in accordance with Attachment I – Statement of Work.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-2 Inspection Of Supplies--Fixed Price AUG 1996
52.246-16 Responsibility For Supplies APR 1984
252.246-7000 Material Inspection And Receiving Report MAR 2008
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 120 dys. ADC 1 TOBYHANNA ARMY DEPOT
ASARS RECEIVING
BUILDING 1 C 6
INSERT PO NUMBER
11 HAP ARNOLD BLVD
TOBYHANNA PA 18466-5091
W25G1V
0001 150 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
W25G1V
0002 N/A N/A N/A N/A
0003 N/A N/A N/A N/A
0004 N/A N/A N/A N/A
52.211-17 Delivery of Excess Quantities SEP 1989
52.242-15 Stop-Work Order AUG 1989
52.242-17 Government Delay Of Work APR 1984
52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
NOTE TO THE PAYING OFFICE (JAN 2012) ACC-APG TYD 5152.232-4000
To properly match disbursements with their corresponding receiving/acceptance document, the paying office shall ensure that the invoice/voucher is distributed from only those accounting classification reference numbers (ACRNs) and their corresponding contract line item numbers (CLINs) or subline item numbers (SLINs) indicated on the invoice/voucher, acceptance statement or receiving report.
(End of Note)
Section H - Special Contract Requirements
SECURITY INSPECTION - CONTRACTING OFFICER'S NOTICE (JAN 2012) ACC-APG TYD 5152.204-4003
By submission of a bid/offer under this solicitation, the Contractor acknowledges and agrees that all vehicles operated by contractors and commercial vendors will be inspected by Depot Security personnel prior to entering or departing the controlled area of Tobyhanna Army Depot.
(End of provision)
DEPOT REGULATIONS - CONTRACTING OFFICER'S NOTICE (JAN 2012) ACC-APG TYD 5152.204-4005
While within the confines of Tobyhanna Army Depot, Contractor employees will adhere to and be governed by all rules, regulations, policies, procedures and directives issued by the Commanding Officer, Tobyhanna Army Depot, and said employees will be required to conduct themselves in the same manner required of Government employees.
(End of Provision)
SAFETY REGULATIONS (JAN 2012) ACC-APG TYD 5152.236-4005
Contractors shall comply with all Department of Labor and OSHA Rules and Regulations, 29CFR-1910 (General
Industries) or 1926 (Construction), whichever is applicable. Contractors shall also comply with Tobyhanna Army
Depot (TYAD) Safety Regulation 385-1. A copy of TYAD regulation 385-1 may be accessed at:
http://www.tobyhanna.army.mil/about/certifications/vpp.html
Additionally, all contractor and subcontractor employees on site at Tobyhanna Army Depot shall be required to view a brief, approximately 15 minute, Safety film upon Depot entry and prior to performance of any on-site work.
Contractors shall also comply with any and all Safety requirements as stated in the specific statement of work or technical specifications applicable to the contract/order.
Tobyhanna Army Depot is an OSHA Voluntary Protection Program (VPP) site.
(End of Provision)
TOBYHANNA ARMY DEPOT ON-SITE CONTRACTOR WORKFORCE AND VISITOR RESTRICTIONS
(JAN 2012) ACC-APG TYD 5152.237-4008
TOBYHANNA ARMY DEPOT ON-SITE CONTRACTOR WORKFORCE AND VISITOR
RESTRICTIONS
1. NON-RESIDENT/NON-IMMIGRANT ALIENS
a. All non-resident/non-immigrant aliens must have approval prior to being permitted access to Tobyhanna Army Depot
(TYAD). Such approval must be obtained by requesting access through the following: apply at the alien-resident’s embassy;
http://www.tobyhanna.army.mil/about/certifications/vpp.html proceed to the U.S. Embassy; proceed to the Department of the Army; proceed to Army Materiel Command; proceed to U.S.
Communications-Electronics Command; proceed to TYAD.
b. All non-resident/non-immigrant aliens granted access to TYAD are required to be escorted by Government personnel. One
Government escort can accommodate a maximum of two non-resident/non-immigrant aliens.
c. Due to limited availability of Government personnel, contractors shall not be permitted to employ non-resident/non-immigrant aliens as part of the contractor’s on-site workforce. Limited exceptions to this restriction may be considered on a case-by-case basis. Such exceptions shall only be considered where a specialized skill or trade is not otherwise available, and even under such circumstances would only be considered for very limited duration, e.g., a few hours/days. However, even if limited exception is considered, access may still be denied. Contractors whose personnel are either denied entry to TYAD or permitted limited entry to TYAD due to the security requirements pertaining to non-resident aliens/non-immigrants are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or other contractual remedies as appropriate.
d. Due to limited availability of Government personnel, visitors requiring escort may not be permitted access, or access may be limited to a certain time and duration.
2. FOR THE PURPOSE OF FORMAL ESCORTED SITE VISITS
Resident aliens (immigrants) in possession of a valid Form I-551, Alien Registration Receipt Card (“Green Card”), are not required to obtain approval as set forth in paragraph 1.a. above (but see paragraph 5, below). Such individuals must have proper identification in addition to a valid form I-551 in their physical possession at all times while at TYAD. Individuals lacking proper identification and valid form I-555 will be denied access to TYAD.
3. SECURITY SEARCHES, IN-PROCESSING, AND SECURITY SCREENING
All persons seeking entrance to TYAD must submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All visitors and contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD Security personnel prior to being granted access to TYAD. This security screening process may be time consuming and access may be delayed or denied.
Any Contractors who will be working on site, company representatives who will be visiting periodically, and any companies or contractors requesting or requiring TYAD badges for other business reasons must submit a completed TYAD form 648-C to their contract or depot point of contact. The completed form must be submitted at least five (5) workdays in advance of on-site performance for each employee intended for onsite performance or five (5) workdays in advance of visits or other business at the depot. Any contractor employee (s) already on site who have not been screened, will be subject to security screening. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the Contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on site who fail screening will not be permitted further access to TYAD.
4. SUBMISSION OF BIDS OR PROPOSALS
Bidders/offerors who hand carry bids or quotes do so at their own risk. Bidders/offerors are solely responsible for the timely submission of bids /proposals/quotations, any delays security measures notwithstanding.
5. CONTRACTOR ON-SITE WORKFORCE – ADDITIONAL SECURITY REQUIREMENTS
A. This section is in addition to the requirements above regarding non-resident aliens (non-immigrants) for on-site performance. Prior to the commencement of performance under the contract and within seven (7) workdays of contract award, the Contractor shall submit to the Chief, Security Division, Tobyhanna Army Depot, a roster of all contractor personnel, inclusive of on-site supervisory or managerial personnel and sub-contractor personnel, that the Contractor anticipates will be performing work on-site. The roster shall indicate which individuals are U.S. citizens and which are resident aliens
(immigrants). The following documentation shall accompany the roster for each individual named on the roster as a resident alien (immigrant):
a) A copy of a verifiable form of identification, such as a driver’s license or a passport; and
b) A copy of a valid Department of Justice Immigration and Naturalization Service Form I-551, Alien Registration Receipt
Card (“Green Card”).
Contractors who fail to identify any and all resident aliens (immigrants) who will be used for on-site performance and who will seek access to Tobyhanna Army Depot as a worker for or through the contractor, inclusive of managerial and subcontractor personnel, may be subject to civil and criminal penalties and sanctions as well as contract remedies
B. Within five (5) workdays of the submission of the roster, documentation, and TYAD form 648-C, the Government will have completed the security check and the Contractor shall be notified whether all listed personnel will be permitted to work on-site.
However, actual access to Tobyhanna Army Depot by the roster personnel will remain contingent upon such resident alien
(immigrant) individuals presenting two (2) forms of identification as they process into the Depot through the Security building: a valid Form I-551, Alien Registration Receipt Card (“Green Card”) in addition to at least one other verifiable form of identification
C. The roster that the Contractor submits is amendable. However, up to five (5) workdays will be required to perform a security check on any personnel added to the roster. The Contractor is urged to include contingency or “back-up” personnel in the original roster in order to avoid delays due to roster amendment
D. Contractors whose personnel are denied entry to TYAD due to the security requirements are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or be subject to other contractual remedies as appropriate.
Section I - Contract Clauses
52.202-1 Definitions NOV 2013
52.203-2 Certificate Of Independent Price Determination APR 1985
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management JUL 2013
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2015
52.204-13 System for Award Management Maintenance JUL 2013
52.204-16 Commercial and Government Entity Code Reporting JUL 2015
52.204-17 Ownership or Control of Offeror NOV 2014
52.204-18 Commercial and Government Entity Code Maintenance JUL 2015
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.211-5 Material Requirements AUG 2000
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010
52.215-14 Integrity of Unit Prices OCT 2010
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-16 Facilities Capital Cost of Money JUN 2003
52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997
52.215-23 Limitations on Pass-Through Charges OCT 2009
52.219-4 Notice of Price Evaluation Preference for HUBZone Small
Business Concerns
OCT 2014
52.219-8 Utilization of Small Business Concerns OCT 2014
52.219-9 ALT II
(Dev)
Small Business Subcontracting Plan (Deviation 2013-O0014)
- Alternate II
OCT 2015
52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999
52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment
Exceeding $15,000
MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity APR 2015
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015
52.223-6 Drug-Free Workplace MAY 2001
52.223-11 Ozone-Depleting Substances MAY 2001
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.229-3 Federal, State And Local Taxes FEB 2013
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-11 Extras APR 1984
52.232-25 Prompt Payment JUL 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
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.242-13 Bankruptcy JUL 1995
52.243-1 Changes--Fixed Price AUG 1987
52.244-5 Competition In Subcontracting DEC 1996
52.244-6 Subcontracts for Commercial Items FEB 2016
52.248-1 Value Engineering OCT 2010
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7000 Disclosure Of Information AUG 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7006 Billing Instructions OCT 2005
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
DEC 2015
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting.
DEC 2015
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
252.211-7003 Item Unique Identification and Valuation DEC 2013
252.211-7005 Substitutions for Military or Federal Specifications and
Standards
NOV 2005
252.215-7000 Pricing Adjustments DEC 2012
252.215-7008 Only One Offer OCT 2013
252.219-7003 (Dev) Small Business Subcontracting Plan (DOD Contracts)
(Deviation 2013-O0014)
OCT 2014
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012
252.225-7007 Prohibition on Acquisition of United States Munitions List
Items from Communist Chinese Military Companies
SEP 2006
252.225-7012 Preference For Certain Domestic Commodities FEB 2013
252.225-7013 Duty-Free Entry--Basic (Nov 2014) NOV 2014
252.225-7021 Trade Agreements--Basic (OCT 2015) OCT 2015
252.225-7048 Export-Controlled Items JUN 2013
252.225-7050 Disclosure of Ownership or Control by the Government of a
Country that is a State Sponsor of Terrorism
OCT 2015
252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business
Concerns
SEP 2004
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014
252.227-7016 Rights in Bid or Proposal Information JAN 2011
252.227-7017 Identification and Assertion of Use, Release, or Disclosure
Restrictions
JAN 2011
252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2011
252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.247-7023 Transportation of Supplies by Sea APR 2014
52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)
(a) Definition. Women-owned business concern, as used in this provision, means a concern 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; and whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ___ ) is a women-owned business concern.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 each Shelters, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of 9 each Shelters
(2) Any order for a combination of items in excess of 9 each Shelters
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 days of contract expiration.
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).
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety
Data Sheet submitted under this contract.
Material Identification No.
(If none, insert "None")
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety
Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with
Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.
Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the
Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)
(a) Definitions. As used in this clause --
Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.
Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''
(b) Contractor's obligations.
(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for One Year.
(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and
(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.
(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.
(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.
(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.
(c) Remedies available to the Government.
(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph
(b)(1) of this clause within 45 days after discovery ofr defect.
(2) Within a reasonable time after the notice, the Contracting Officer may either--
(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or
(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.
(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.
The Contracting Officer--
(A) May, for sampling purposes, group any supplies delivered under this contract;
(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;
(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and
(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.
(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:
(A) Require an equitable adjustment in the contract price for any group of supplies.
(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.
(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous
United States and to correct or replace all nonconforming supplies.
(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.
point or the point of acceptance) for screening and correction or replacement.
(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--
(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or
(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.
(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the
Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner.
The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.
(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
farsite.hill.af.mil/
252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER
ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012)
(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal or State law within the preceding 24 months.
252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)
(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L.
112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,
(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
252.216-7006 ORDERING (MAY 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued for a period of 3 Years after date of Award.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic
Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
(End of Clause)
252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)
By submission of its offer, the Offeror represents that it--
(a) Will not engage in any trafficking in persons or related activities, including but not limited to the use of forced labor, in the performance of this contract;
(b) Has hiring and subcontracting policies to protect the rights of its employees and the rights of subcontractor employees and will comply with those policies in the performance of this contract; and
(c) Has notified its employees and subcontractors of--
(1) The responsibility to report trafficking in persons violations by the Contractor, Contractor employees, or subcontractor employees, at any tier; and
(2) Employee protection under 10 U.S.C. 2409, as implemented in DFARS subpart 203.9, from reprisal for whistleblowing on trafficking in persons violations.
252.225-7020 TRADE AGREEMENTS CERTIFICATE--BASIC (NOV 2014)
(a) Definitions. Designated country end product, nondesignated country end product, qualifying country end product, and U.S.-made end product, as used in this provision have the meanings given in the Trade Agreements--
Basic clause of this solicitation.
(b) Evaluation. The Government--
(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal
Acquisition Regulation Supplement; and
(2) Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless--
(i) There are no offers of such end products;
(ii) The offers of such end products are insufficient to fulfill the Government's requirements; or
(iii) A national interest waiver has been granted.
(c) Certification and identification of country of origin.
(1) For all line items subject to the Trade Agreements--Basic of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated country end product.
(2) The following supplies are other nondesignated country end products:
(Line Item Number ___ ) (Country of Origin ___ )
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for…
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