W56HZV-15-Q-0053.pdf
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SOLICITATION 0000
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
Offeror To Complete Block 12, 17, 23, 24, & 30
1. Requisition Number Page Of
2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date
7. For Solicitation Information Call:
A. Name B. Telephone Number (No Collect Calls) 8. Offer Due Date/Local Time
9. Issued By Code 10. This Acquisition is Unrestricted OR Set Aside: % For:
Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program
Hubzone Small Business EDWOSB
Service-Disabled Veteran-Owned Small Business NAICS:
Email: 8(A) Size Standard:
11. Delivery For FOB Destination Unless Block Is Marked
12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating
See Schedule 14. Method Of Solicitation RFQ IFB RFP
15. Deliver To Code 16. Administered By Code
Telephone No.
17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code
Telephone No.
17b. Check If Remittance Is Different And Put Such Address In Offer
18b. Submit Invoices To Address Shown In Block 18a Unless Block Below Is Checked See Addendum
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
(Use Reverse and/or Attach Additional Sheets As Necessary)
25. Accounting And Appropriation Data 26. Total Award Amount (For Govt. Use Only)
27a.Solicitation Incorporates By Reference FAR 52.212-1, 52.212-4. FAR 52.212-3 And 52.212-5 Are Attached. Addenda Are Are Not Attached.
27b.Contract/Purchase Order Incorporates By Reference FAR 52.212-4. FAR 52.212-5 Is Attached. Addenda Are Are Not Attached.
28. Contractor Is Required To Sign This Document And Return _________ 29. Award Of Contract: Ref. Offer Copies to Issuing Office. Contractor Agrees To Furnish And Deliver All Items Set Forth Or Otherwise Identified Above And On Any Additional Sheets Subject To The Terms And Conditions Specified.
Dated . Your Offer On Solicitation (Block 5), Including Any Additions Or Changes Which Are Set Forth Herein, Is Accepted As To Items:
30a. Signature Of Offeror/Contractor 31a. United States Of America (Signature Of Contracting Officer)
30b. Name And Title Of Signer (Type Or Print) 30c. Date Signed 31b. Name Of Contracting Officer (Type Or Print) 31c. Date Signed
Authorized For Local Reproduction Previous Edition Is Not Usable
Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212
W56HZV-15-Q-0053
JASON LADD (586)282-7107
JASON.D.LADD2.CIV@MAIL.MIL
W56HZV
U.S. ARMY CONTRACTING COMMAND
WARREN, MICHIGAN 48397-5000
541330
X
X DOA4
X
SEE SCHEDULE
SEE SCHEDULE
X X
X 1
1 29
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
32a. Quantity In Column 21 Has Been
Received Inspected Accepted, And Conforms To The Contract, Except As Noted: _________________________________________________
32b. Signature Of Authorized Government Representative 32c. Date 32d. Printed Name and Title of Authorized Government Representative
32e. Mailing Address of Authorized Government Representative 32f. Telephone Number of Authorized Government Representative
32g. E-Mail of Authorized Government Representative
33. Ship Number 34. Voucher Number 35. Amount Verified 36. Payment 37. Check Number Correct For Partial Final Complete Partial Final
38. S/R Account No. 39. S/R Voucher Number 40. Paid By
41a. I Certify This Account Is Correct And Proper For Payment 42a. Received By (Print) 41b. Signature And Title Of Certifying Officer 41c. Date 42b. Received At (Location)
42c. Date Rec’d (YY/MM/DD) 42d. Total Containers
Standard Form 1449 (Rev. 2/2012) Back
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SUPPLEMENTAL INFORMATION
Buyer Name: JASON LADD
Buyer Office Symbol/Telephone Number: CCTA-AHLA/(586)282-7107
Type of Contract 1: Firm Fixed Price
Kind of Contract: Service Contracts
Weapon System: No Identified Army Weapons Systems
*** End of Narrative A0000 ***
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.212-4003 ALL OR NONE--COMMERCIAL ITEM ACQUISITION SEP/1996
(TACOM)
This provision serves as an addendum that modifies paragraph (h) of FAR 52.212-1, entitled INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS.
Paragraph (h) is modified to say that you must offer to provide the total quantity of the items in this solicitation. ONLY ONE AWARD
WILL BE MADE AS A RESULT OF THIS SOLICITATION. OFFERS SUBMITTED FOR LESS THAN THE TOTAL QUANTITIES OF ALL THE ITEMS IN THIS
SOLICITATION WILL NOT BE CONSIDERED FOR AWARD.
[End of Clause]
2 29
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SUPPLIES OR SERVICES AND PRICES/COSTS
0001 Horiba Analyzer Upgr
0001AA HORIBA ANALYZER UPGRADE 1 LT $ _______________________ __________________
SERVICE REQUESTED: Horiba Analyzer Upgr
CLIN CONTRACT TYPE:
Firm Fixed Price
PRON: R35MC103R3 PRON AMD: 01
Contractor required to perform services in accordance with the Performance Work Statement in Section C of this document and on the attached Excel spreadsheet.
(End of narrative B001)
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
DLVR SCH PERF COMPL
REL CD QUANTITY DATE ________ ______________ __________
001 1 30-SEP-2015
0001AB CONTRACTOR MANPOWER REPORTING 1 LT $ ** NSP ** _____________________________ __________________
SERVICE REQUESTED: CONTRACTOR MANPOWER REPORTING
See Clause 52.237-4000
(End of narrative B001)
Inspection and Acceptance _________________________
INSPECTION: Destination ACCEPTANCE: Destination
DLVR SCH PERF COMPL
REL CD QUANTITY DATE ________ ______________ __________
001 1 30-SEP-2016
3 29
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
2 52.209-4020 ANTI-TERRORISM (AT) LEVEL I TRAINING REQUIREMENT JUL/2014
(TACOM)
All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training within [XX]*** calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each contractor employee and subcontractor employee requiring access to Army installations, facilities, or controlled access areas to the COR
(or to the contracting officer, if a COR is not assigned) within 60*** calendar days after completion of training AT Level I awareness training is available at https:jkodirect.jten.mil Course# JS-UA007-14.
3 52.237-4000 CONTRACTOR MANPOWER REPORTING (CMR) FEB/2013
(TACOM)
The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via secure data collection site. The contractor is required to completely fill in all required data fields in the format using the following web address: https://cmra.army.mil . The required information includes the following:
(1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative;
(2) Contract number, including task and delivery order number;
(3) Beginning and ending dates covered by reporting period;
(4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data;
(5) Direct labor hours (including sub-contractors);
(6) Direct labor dollars paid this reporting period (including sub-contractors);
(7) Total payments (including sub-contractors);
(8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different);
(9) Data collection cost;
(10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army
Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information);
(11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);
(12) Presence of deployment or contingency contract language; and
(13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country).
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September30. While inputs may be reported any time during the FY, all data shall be reported no later than
October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at : https://cmra.army.mil.
End of Clause]
PERFORMANCE WORK STATEMENT (PWS)
Gas Analyzer Installation at TARDEC
Part 1
4 29
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
General Information
1. General: This is a non-personnel services contract to provide [Gas Analyzer Upgrades to Test Cell 7]. The Government shall not _______ exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, _________________________ tools, materials, supervision, and other items and non-personal services necessary to perform [Gas Analyzer Upgrades to Test Cell 7] as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.
1.2 Background: Test Cell 7 is a single cylinder research engine test cell. In order to perform high accuracy measurements, TARDEC __________ requires a new test bench. It was deemed more cost effective to upgrade the test bench that is currently in storage in another building
(GSPEL).
Due to the sensitivity of the equipment, a rigging company with knowledge of the equipment is required to prevent damage to the existing hardware.
1.3 Objectives: __________
\'b7 Improve Test Cell 7s capabilities for testing emission.
\'b7 Ensure test bench is in correct working order.
1.4 Scope: The Contractor shall work in accordance with Attachment 1 Performance Work Statement. _____
Services include
\'b7 Moving the MEXA 6000 test bench out of storage above GSPEL into Test Cell 7
\'b7 Moving the MEXA 7100 test bench out of storage above GSPEL into Test Cell 7
\'b7 Install the MEXA 6000 test bench in Test Cell 7
\'b7 Upgrade the MEXA 7100 by installing the gas analzyers identified in the quote.
\'b7 Install the MEXA 7100 test bench in Test Cell 7
\'b7 Deliver Zero Gas Generator in Test Cell 7.
\'b7 Start-up and acceptance test all installations to ensure correct working order.
1.5 Period of Performance: The period of performance shall be for 12 months after contract signature. There are no planned_____________________ options.
1.6 General Information ___________________
1.6.1 Quality Control : The contractor shall develop and maintain an effective quality control program to ensure services are performed _______________ in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractors quality control program is the means by which he assures himself that his work complies with the requirement of the contract. After acceptance of the quality control plan the contractor shall receive the contracting officers acceptance in writing of any proposed change to his QC system.
1.6.2 Quality Assurance: The government shall evaluate the contractors performance under this contract in accordance with the Quality _________________
Assurance Surveillance. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
1.6.3 Recognized Holidays: [The contractor is not required to perform services on holidays.] _________
New Years Day Labor Day
Martin Luther King Jr.s Birthday Columbus Day
Presidents Day Veterans Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of [0630 and 1530] Monday thru _____________
Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.6.5 Place of Performance: The work to be performed under this contract will be performed at [Government Facilities, Bldg 212 and ____________________
5 29
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
GSPEL at the Detroit Arsenal. 6501 E. 11 Mile Rd., Warren MI, 48397].
1.6.6 Type of Contract: The government will award a Firm Fixed Price. ________________
1.6.7 Security Requirements: Contractor personnel performing work under this contract must have a [no security clearance required] at _____________________ time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are in accordance with the attached DD254 (The unit security monitor is responsible for initiating this form).
1.6.7.1 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property __________ provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.
1.6.7.2 Key Control The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the
Contracting Officer.
1.6.7.2.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting
Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.
1.6.7.2.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractors employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than
Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting
Officer.
1.6.7.3 Lock Combinations N/A
1.6.8 Special Qualifications N/A ___________________________
1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the ____________________________________________ contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.
Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical _____________________________ aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the
Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance:
maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates.
The COR is not authorized to change any of the terms and conditions of the resulting order.
1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: [Insert the titles of the key personnel __________ i.e., contract manager/Alternate contract manager, Systems Engineer, etc.] The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between [8:00 a.m. to 4:30p.m.], Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.
1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working ________________________ in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor will be required to obtain and wear badges for the performance of this service.
1.6.13 Contractor Travel (No Travel Required _______
1.6.14 Other Direct Costs (Not applicable): _____________
6 29
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
1.6.15 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, _____________________ have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting
Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractors mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the
OCI.
1.6.16 PHASE IN /PHASE OUT PERIOD (Not applicable): __________________________
7 29
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
PART 2
DEFINITIONS & ACRONYMS
2. Definitions and Acronyms: ________________________
2.1. DEFINITIONS:
2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work
Statement.
2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.
2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.
2.2. ACRONYMS:
ACOR Alternate Contracting Officer's Representative
AFARS Army Federal Acquisition Regulation Supplement
AR Army Regulation
CCE Contracting Center of Excellence
CFR Code of Federal Regulations
CONUS Continental United States (excludes Alaska and Hawaii)
COR Contracting Officer Representative
COTR Contracting Officer's Technical Representative
COTS Commercial Off the Shelf
DA Department of the Army
DD250 Department of Defense Form 250 (Receiving Report)
DD254 Department of Defense Contract Security Requirement List
DFARS Defense Federal Acquisition Regulation Supplement
DMDC Defense Manpower Data Center
DOD Department of Defense
8 29
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
FAR Federal Acquisition Regulation
HIPAA Health Insurance Portability and Accountability Act of 1996
KO Contracting Officer
OCI Organizational Conflict of Interest
OCONUS Outside Continental United States (includes Alaska and Hawaii)
ODC Other Direct Costs
PIPO Phase In/Phase Out
POC Point of Contact
PRS Performance Requirements Summary
PWS Performance Work Statement
QA Quality Assurance
QAP Quality Assurance Program
QASP Quality Assurance Surveillance Plan
QC Quality Control
QCP Quality Control Program
TE Technical Exhibit
9 29
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
*** END OF NARRATIVE C0001 ***
DELIVERIES OR PERFORMANCE
4 52.247-34 F.O.B. DESTINATION NOV/1991
10 29
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT CLAUSES
5 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2015
6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS MAY/2015
7 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013
8 52.245-1 GOVERNMENT PROPERTY APR/2012
9 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT APR/1984
FORM)
10 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING AUG/2015
11 252.204-7015 DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS FEB/2014
12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR MAY/2015
EXECUTIVE ORDERS--COMMERCIAL ITEMS
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and
10 U.S.C. 2402).
__x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of
Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_x__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved].
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section
743 of Div. C).
_x__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment (Aug 2013) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (NOV 2011) of 52.219-3.
___ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (ii) Alternate I (JAN 2011) of 52.219-4.
___ (13) [Reserved]
___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011) of 52.219-6.
11 29
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
___ (iii) Alternate II (Nov 2011) of 52.219-6.
___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (OCT 2014) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f)
_x__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)(15 U.S.C. 632(a)(2)).
___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013)
(15 U.S.C. 637(m)).
___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul
2013) (15 U.S.C. 637(m)).
___ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).
___ (26) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
_x__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_x__ (28) 52.222-26, Equal Opportunity (Apr 2015)(E.O. 11246).
__x_ (29) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Jul
2014)(38 U.S.C. 4212).
_x__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
_x__ (31) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Jul
2014)(38 U.S.C. 4212).
_x__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_x__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
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___ (36)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-13.
___ (37)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (39)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_x__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
___ (41) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).
___ (42)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-
283, 110-138, 112-41, 112-42, and 112-43.
___ (ii) Alternate I (MAY 2014) of 52.225-3.
___ (iii) Alternate II (MAY 2014) of 52.225-3.
___ (iv) Alternate III (MAY 2014) of 52.225-3.
___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the
Office of Foreign Assets Control of the Department of the Treasury).
___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).
___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_x__ (50) 52.232-33, Payment by Electronic Funds Transfer -- Central Contractor Registration (Jul 2013)(31 U.S.C. 3332).
___ (51) 52.232-34, Payment by Electronic Funds Transfer -- Other Than Central Contractor Registration (Jul 2013)(31 U.S.C. 3332).
___ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
___ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C.
2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
___ (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
___ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
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___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option
Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41
U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--
Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 DEC 2014) (Executive Order 13658).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-
2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractors directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR
Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Jul
2014)(38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
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(x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. 7104(g)).
___ Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements
(MAY 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C.
2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
13 52.217-8 OPTION TO EXTEND SERVICES NOV/1999
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
14 252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN FEB/2015
(DEV 2015- INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-O0010)
O0010)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations
Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(End of clause)
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LIST OF ATTACHMENTS
List of Number List of Number
Addenda Title Date of Pages Transmitted By Addenda Title Date of Pages Transmitted By________________ ____________________________________________________________ _______________ ____________ _______________________________ ____________________________________________________________ _______________ ____________ _______________
Attachment 0001 PERFORMANCE WORK STATEMENT 22-SEP-2015 EMAIL
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REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
15 52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR OCT/2014
2015) - ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the
Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(a) Definitions. As used in this provision--
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service--
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under
6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and
Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
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(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically…
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