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W56HZV-15-T-A423
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I. INTRODUCTION
A. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR Parts 12.6 and 13 as supplemented with additional information in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.
B. The combined synopsis and Request for Quotation (RFQ) number is: W56HZV-14-T-A423.
C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83.
D. Small Business Set-Aside: 100%/
E. Posting Date: 25 AUG 2015
F. Response Date: 01 SEP2015
G. Contracting Office: Army Contracting Command - Warren (ACC-WRN) 6501 E. Eleven Mile, Warren, MI 48397.
H. The NAICS code applicable to this acquisition is 541380. Offeror must be certified under this NAICS code prior to receiving an award.
I. This Combined Synopsis Solicitation contains clauses and provisions requiring a fill-in or representation. Offeror shall submit a copy of this Combined Synopsis Solicitation with their bid and respond to these clauses and provisions accordingly. A failure to complete these fill-ins may cause your offer to be determined ineligible for award.
J. Basis for award- This is a 100% small business set aside. ACC-WRN intends to award to the lowest price, technically acceptable offeror. The Government may also choose to negotiate if only one offeror is received. See provision at 52.209-4011 - Contractor Responsibility and Eligibility for Award for further details.
II. GENERAL
A. The United States Army Tank and Automotive Research, Development and Engineering Center (TARDEC) in Warren, Michigan has a requirement for the following:
C.1.1 The purpose of this contract is for the contractor to provide Inspection, testing, Maintenance, Inventory, tagging, certification and marking of Slings, Below-the-Hook Lifting Devices, Cranes/Hoists, Forklifts, Jacks, Jack Stands, and other miscellaneous lifting devices owned or controlled by TARDEC. This is an annual requirement.
C.1.2 The objective of this contract is for the contractor to furnish all labor and equipment to complete operations necessary to inspect, perform maintenance repair, and testing of Slings, below-the-hook lifting devices, cranes/hoists, forklifts, jacks, jack stands, and other miscellaneous lifting devices as required by Technical Bulletins (TB): TB 43-0142, Safety Inspection and Testing of Lifting Devices, 28 Feb 1997 and TB 43-0156, Stand, Vehicle Supports, 31 Aug 2007.
C.2.0 General C.2.1 The contractor shall not act or represent itself as an agent of the Government nor shall it have authority to make decisions or bind the Government to any agreements or commitments through performance of any work under this contract.
C.2.2 The Government has the unilateral right to increase the work to be performed under this contract by the issuance of modifications by the Contracting Officer. It is understood and agreed that such adjustments shall be made within the general scope of work and the level of effort of the contract. The COR has the right to prioritize the work being performed under the contract.
C.2.3 The contractor shall notify the Contracting Officer’s Representative (COR) immediately by telephone or email if the dates that the work must be performed or data to be delivered will not be met. The contractor shall follow up with a letter to the COR.
C.2.4 When preparing technical reports, summaries, charts, briefing packages, and other written material under this contract, the contractor shall use computer software whose format and version(s) are compatible with that used by TARDEC, including the following: Microsoft Windows, and Microsoft Office.
C.2.5 Contractor shall be certified with Crane Manufactures Association of America (CMAA), shall be an OSHA certified inspector, and shall be certified with ANSI American National Standards. Contractor shall provide all required certifications to the contracting office C.2.6 The contractor will warranty repairs, markings, and all MHE that is placed in to use, and marking plates, stickers, etc. (capacity ratings) for 365 days. The warranty will begin on the date that each piece of MHE has completed inspection and has been properly marked, as described above and upon Government acceptance of work.
C.3.0 Task Requirements C.1.3 The technical effort specified in individual Work Directives may include effort either singly or in any combination identified by the Work Directive. Such efforts are further outlined in below, in one or more of these categories:
A . Material Handling Equipment (MHE): The contractor shall conduct annual maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.
B. Below the Hook Lifting Devices (BTH): The contractor shall conduct annual maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.
C. Cranes/hoists: The contractor shall conduct annual maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.
D. Jacks, Jack Stands and related lifting equipment (floor jacks, bladder – type lifts, etc): The contractor shall conduct annual maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.
E. Overhead Chains, Slings, D-Rings, Pulleys: The contractor shall conduct annual maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.
F. Forklifts: The contractor shall conduct maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.
G. Annual Maintenance: Maintenance shall consist of the following activities: testing (including cleaning, and magnetic particle crack detection testing (where applicable).
H. Inspections: Inspections shall consist of the following activities: preventative maintenance, minor repairs, non-destructive testing, load testing, marking and stamping of maximum permissible load (identified slings, hoists and adapters only), visual and mechanical inspection for wear, loose bolting, and deformation where applicable. The maintenance findings shall result in an identification number stamped or otherwise applied to each piece (where applicable) with color-coded (white) padlock seal/stickers applied to each item. NOTE: Color of seal/stickers will change annually. A digital photograph of each item (device) will be taken and then compiled into an electronic spreadsheet along with complete descriptions, identification numbers, certificate(s), capacity, white tag number and physical location of the item.
I. Certifications: Certifications shall consist of the following activities based on the maintenance findings: the maintenance findings shall be recorded on a certificate of compliance for traceability and applied to each item.
C.4.0 Meetings C.4.1 Start-of-Work Meetings. The contractor shall convene a post-award Start-of-Work meeting within seven days after award of this basic contract and any work directives to establish working relationships and responsibilities. The contractor shall ensure that any major subcontractors attend the meeting.
C.5.0 Deliverables C.5.1 Provide a Material Safety Data Sheet (MSDS) on any chemicals, oils, lubricants, and sealant, flammable or non-flammable products to the HAZMART point of contact, Mr. Matthew Miller at (586) 574-7780 located in building 203.
C.5.2 The contractor shall supply the Government with a hard copy of the OSHA, ANSI or ASME survey checklists for each Sling, Below-the-Hook Lifting Devices, Cranes/hoists, Forklifts, Jacks, Jack Stands, and other misc. lifting devices. NDI reports, NDI weight-check completion reports, measurement reports and load test certificates shall also be provided.
C.5.3 Upon completion of daily inspections, the contractor shall submit to the TARDEC logistics representative a daily work summary invoice itemizing number of pieces inspected, type, and total price for that day of work. This document will be submitted before close of business for the day the work was preformed.
C.5.4 Upon completing one day of inspections, the contractor shall update and submit an EXCEL spreadsheet to the government no later than 1200 hours the following day. Said EXCEL spreadsheet will contain, but not limited to, the following fields.
(1) I D/Tag number: If no number exists, a sequential number will be assigned by the government representative and marked by the contractor on the item of equipment to coincide with the spreadsheet.
(2) Item Type: Sling, Lifting Device, Chain, Forklift, etc.
(3) Item Description: The description will be detailed to include length, height, width, gauge (thickness), type of material, as necessary (example: 2-foot length, ¼-inch, 14-gauge Web Sling, green in color, etc.).
(4) Serial Number: As applicable.
(5) Seal Number: This represents the seal, mark or other number that the contractor may utilize for their own tracking purpose.
(6) Date Inspected: Enter the date the item was physically inspected.
(7) Date Expires: Enter next inspection date (annual requirement).
(8) Quantity: Enter the total number of items per line entry.
(9) Capacity Rating: This is the maximum capacity at which the MHE inspected can sustain, in accordance with the applicable publication.
(10) Building Number: This is the building that the MHE inspected is located (e.g. Bldg. 200-D).
(11) Detailed Location: This is the area that the MHE inspected is stored (e.g. Paint Laboratory, Room 1142).
C.6 GOVERNMENT FURNISHED EQUIPMENT (GFE). The Government does not anticipate furnishing material. However, the Government reserves the right to furnish parts that may be necessary for repairs. The contractor shall provide information pertinent to purchase material such as part name, number, and manufacturer upon request.
C.7 Quality Assurance Surveillance Plan (QASP) C.7.1 The government COR will evaluate the services required by each work directive to ensure compliance. The Standard: 95% of the work directive will be satisfactorily completed without customer complaint and/or rework. The COR will inspect all work tasks required by work directive to ensure contractor compliance with the appropriate paragraphs of the work directive each time the service is performed. The COR will record results of inspection, noting the date and time of inspection. If the inspection indicates unacceptable performance, the COR will inform the functional technical representative and Contract Specialist of the deficiencies for correction. The contractor shall be given a reasonable amount of time after notification to correct the deficiencies. Customer feedback & periodic inspection and random monitoring, will be used to monitor the contract requirement.
C.8 Period of Performance The period of performance shall be 8 months from award.
C.9 Travel:
Contractor personnel may be required to travel in order to perform this requirement as specified in the individual work directive. A ceiling-priced CLIN for travel has been established. The COR must authorize all travel in advance. All travel in connection with this effort shall be conducted in accordance with DoD Joint Travel Regulations. There will be no reimbursement for local travel in and around contractor’s place of performance where no overnight lodging is required.
C.10 SAFETY.
C.10.1 The contractor shall comply with all current OSHA, NFPA, Detroit Arsenal, Army Corps of Engineers safety regulations, TB 43-0156 and TB 43-0142.
C.10.2 Contractor shall use lifts and scaffolding that meet current OSHA and US Army safety regulations. Contractor shall abide by all current OSHA and US Army Standards and Safety Regulations, pertaining to work on or around high platform equipment.
C.10.3 Personal safety equipment and protection for all workers to include tether lines, belts, hard hats, gloves and safety glasses, shall be provided by contractor where applicable at the contractor's expense.
C.11.0 SPECIAL FEATURES.
C.11.1 Asbestos material: Use of any friable asbestos is prohibited. All necessary precautions will be taken to avoid disturbing material that may contain friable asbestos. If any potentially contaminated material is encountered, all work which would disturb the material shall cease and the Contracting Officer will be contacted immediately.
C.11.2 Lead based paint: Use of any lead-based paint is prohibited. All necessary precautions will be taken to avoid disturbing material coated with lead based paint. Marking of slings, floor hoist, adapters, and hooks will not be lead-based paints. If any potentially contaminated material is encountered, all work which would disturb the material shall case and the Contracting Officer will be contacted immediately.
C.12.0 CLEAN-UP.
C.12.1 Contractor shall be responsible for cleanup of the job site on a daily basis including removal of all waste from site areas and roads connected with projects. All debris and waste shall be disposed of properly off base/post at an approved disposal facility.
C.12.2 Work area will be left orderly and in a hazard free condition while job site is left unoccupied during breaks and lunch hour. Continuous cleanup shall be to the satisfaction of the Contracting Officer or designated representative and at no additional cost to the Government.
C.12.3 All usable parts shall be returned to the Government upon completion of the work.
C.13 Contractor Manpower Reporting (CMR) 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 manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://contractormanpower.army.pentagon.mil. The required information includes:
(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) Estimated direct labor hours (including sub-contractors);
(6) Estimated 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) Estimated 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).
As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor's systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.
B. This acquisition is unrated under the Defense Priorities and Allocations System (DPAS).
C. Bids must be received by ACC-WRN no later than 01 SEP 2015, 3:00PM, 1500 hours, Local Warren Time. Email bid to Derek.M.Dyio.civ@mail.mil. Offeror must be registered in System for Award Management (SAM) prior to receiving an award. Refer to website https://www.sam.gov/portal/public/SAM/.
1. SOLICITATION PROVISIONS AND CONTRACT CLAUSES
The following provisions and clauses apply to this Combined Synopsis/Solicitation:
CLAUSES INCORPORATED BY REFERENCE
CLAUSES INCORPORATED BY FULL TEXT 52.201-4000 (TACOM)
52.204-4003 (TACOM)
START OF WORK MEETING (SEP 2013)
The contractor shall hold a start of work meeting at its facility, unless some other location is designated in the contract, within 7 days after contract award. The Start of Work Meeting is to assure a clear and mutual understanding of the contract terms, conditions, line items, technical requirements and sequence of events needed for successful execution of the subject contract effort. The contractor shall participate with Government to arrange a schedule and agenda for the meeting.
The contractor shall at a minimum invite Government contracting personnel (PCO/Contract Specialist). At the discretion of the PCO, other Government technical personnel (Contracting Officer's Representative (COR) identified in Section G or in an appointment letter, Quality Assurance personnel, DCMA, etc.) may be invited to the meeting. All Government invitees shall be given at least 14 days advance notice of the time, date, and location of the start of work meeting. The preferred method of notification is by email. The contractor shall provide the Government with minutes of the Start of Work Meeting within 7 days after the meeting is held.
[End of Clause]
ARMY CONTRACTING COMMAND – WARREN (DTA) OMBUDSPERSON (APR 2011)
Information regarding the TACOM-Warren Ombudsperson is located at the website http://contracting.tacom.army.mil/acqinfo/ombudsperson.htm.
[End of Provision]
CLAUSES INCORPORATED BY FULL TEXT
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
TIN:.--------------------------------------------------------
TIN has been applied for.
TIN is not required because:
Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
Offeror is an agency or instrumentality of a foreign government;
Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
Sole proprietorship;
Partnership;
Corporate entity (not tax-exempt);
Corporate entity (tax-exempt);
Government entity (Federal, State, or local);
Foreign government;
International organization per 26 CFR 1.6049-4;
Other--------------------------------------------------------
(f) ) Common parent.
Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
Name and TIN of common parent:
Name-------------------------------------------------------------------
TIN--------------------------------------------------------------------
(End of provision)
CLAUSES INCORPORATED BY FULL TEXT
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.204-4005 (TACOM)
REQUIRED USE OF ELECTRONIC CONTRACTING (AUG 2015)
(a) All contract awards, modifications and delivery orders issued by TACOM will be issued electronically. The contractor has the option to receive these actions either via the Worldwide Web (WWW) or Electronic Data Interchange (EDI). Many provisions/clauses that appear "by reference", meaning only clause titles and regulation site are listed; their full texts can be found at the website: http://farsite.hill.af.mil/
(b) In order to be eligible to receive an award under this solicitation, the successful offeror must be registered with the Department of Defense (DOD) System for Award Management (SAM). The SAM registration process may be done electronically at the World Wide Web (WWW) site: https://www.sam.gov/portal/public/SAM.
mail.
(c) The contractor will receive an electronic Notice of the Award, Modification, or Delivery Order via e-
52.204-4009 (TACOM)
MANDATORY USE OF CONTRACTOR TO GOVERNMENT ELECTRONIC COMMUNICATION (AUG 2015)
(a) All references in the contract to the submission of written documentation shall mean electronic submission.
(b) This shall include all written unclassified communications between the Government and the Contractor except contract awards and contract modifications which shall be posted on the internet. Return receipt shall be used if a commercial application is available. Classified information shall be handled in full accordance with the appropriate security requirements.
(c) In order to be contractually binding, all Government communications requiring a Contracting Officer signature must be sent from the Contracting Officer's e-mail address. The Contractor shall designate the personnel with signature authority who can contractually bind the contractor. All binding contractor communication shall be sent from this contractor e-mail address(es).
(d) Upon award, the Contractor shall provide the Contracting Officer with a list of e-mail addresses for all administrative and technical personnel assigned to this contract.
(e) Unless exempted by the Procuring Contracting Officer in writing, all unclassified written communication after contract award shall be transmitted electronically.
52.204-4021 CONTRACTOR EMPLOYEES WHO REQUIRE ACCESS TO GOVERNMENT INFORMATION SYSTEMS (JUN 2012)
All contractor employees shall be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services and must successfully complete the DoD Information Assurance Awareness training prior to access to the information system, and annually thereafter.
(End of Clause)
52.209-4011 (TACOM) CONTRACTOR RESPONSIBILITY AND ELIGIBILITY FOR AWARD
(JAN 2001)
(a) We'll award a contract to the offeror that:
(1) submits the lowest evaluated offer if award is based on price only, or the offer that provides the best value to the Government if factors in addition to price are identified in Section M, and
(2) submits a bid or proposal that meets all the material requirements of this solicitation, and
(3) meets all the responsibility criteria at FAR 9.104.
(b) To make sure that you meet the responsibility criteria at FAR 9.104 we may:
(1) arrange a visit to your plant and perform a preaward survey;
(2) ask you to provide financial, technical, production, or managerial background information.
(c) If you don't provide us with the data we ask for within 7 days from the date you receive our request, or if you refuse to have us visit your facility, we may determine you nonresponsible.
(d) If we visit your facility, please make sure that you have current certified financial statements and other data relevant to your bid or proposal available for our team to review.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2015)
(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: (Contracting Officer check as appropriate.)
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
(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 (June 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 (July 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 (July 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]
_x (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
(ii) Alternate I (NOV 2011).
(iii) Alternate II (NOV 2011).
(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—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
_x (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).
_x (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).
_x (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_x (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).
_x (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
(31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).
(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
(33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (March 2, 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.)
(36) (i) 52.223-13, Acquisition of EPEAT® 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® 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) (i) 52.223-16, Acquisition of EPEAT® -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 (June 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—System for Award Management (July 2013) (31 U.S.C. 3332).
(51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 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: (Contracting Officer check as appropriate.)
_x (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
_x (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
_x (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).
_x (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).
_x (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) (E.O. 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 (Sept 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 Contractor's 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 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). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(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) (E.O. 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.
52.212-4003 (TACOM)
ALL OR NONE-COMMERCIAL ITEM ACQUISITION (SEP 1996)
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.
52.214-4000 (TACOM)
ACKNOWLEDGEMENT OF AMENDMENTS (OCT 1993)
Acknowledge all the amendments you've received from us by identifying the amendment number and its issue date in the box below:
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52.215-4003 (TACOM)
HANDCARRIED OFFERS - INCLUDING OFFERS DELIVERED BY EXPRESS SERVICES (NON-US POSTAL SERVICE MAIL) (MAY 2011)
(a) Unless specifically authorized elsewhere in this solicitation, paper offers will not be accepted. The term "handcarried offers" generally refers to offers contained on electronic media, which we recognize may be delivered "by hand." Handcarried offers must be delivered to Building 255.
(b) Handcarried offers, including disks or other electronic media, shall be addressed to:
U.S. Army Contracting Command - Warren Bid Room, Bldg 231, Mail Stop 303 6501 East 11 Mile Road Warren, MI 48397-5000
(c) Offers shall not be addressed to an individual buyer. All offers must be addressed to the Offer Receipt Office at the above address.
(d) The external delivery envelope or wrapper must be marked with the solicitation number and the date and time of the solicitation closing. Each envelope should contain only one offer.
(e) Handcarried offers must be delivered to Building 255. Directions to TACOM: From Van Dyke Avenue, travel westbound on 11 Mile Road; enter the first Arsenal gate immediately west of the railroad tracks on the north side of the street. Take an immediate right and follow security officer directions to the Receiving Dock in Building
255. The driver may need to obtain a visitor’s badge, and must be a US citizen. The Government will forward the package to the Offer Receipt Office in Building 231.
(f) Offerors must ensure that the commercial carrier they use has a tracking system that can provide documentation of the date and time of delivery to the Government. For handcarried offers delivered by other than a commercial carrier, the offeror must ensure that the delivery person obtains a signature from Receiving Dock personnel on a receipt that shows the date and time of delivery to the Government. The delivery person must provide the receipt since Receiving Dock personnel do not have them.
(g) Packages must be delivered to Building 255 between the hours of 8:00 am and 3:00 pm local time.
52.215-4404 (TACOM)
DATA AND COMMUNICATIONS SUBMITTED TO THE GOVERNMENT ELECTRONICALLY (MAY 2002)
(a) The Government often employs contractors as system administrators to operate and maintain Government computer systems. These systems include local area networks, web sites, databases, other electronic records, e-mail accounts, other electronic data transfer mechanisms and computer software. The employees of these contracted system administrators sign nondisclosure agreements obligating them not to reveal information contained in files, documents, computers or systems that they administer. However, unless such information is protected in some way, contracted system administrators do have the ability to access such information.
(b) Potential contractors as well as any other parties are thus advised to take steps needed to prevent access by contracted system administrators to information submitted electronically to the Government. Absent such steps, it is assumed that contracted system administrators are permitted the capability to access the data. The access will be limited to that which is necessary for the contract system administrator to perform its duties for the Government. The access shall be subject to the condition that third party information is not to be revealed by the contracted system administrator.
52.215-4405 (TACOM)
ACCESS TO THE DETROIT ARSENAL; IDENTIFYING CONTRACTOR EMPLOYEES; NON-DISCLOSURE STATEMENT (Apr 2013)
a) APPLICABILITY. This requirement is only applicable to contractor employees working at, or visiting, Detroit Arsenal. The term “contractor employee” includes employees, agents, or representatives and all employees, agents, or representatives and all employees, agents or representatives of all subcontractors, suppliers and consultants.
b) DETROIT ARSENAL ACCESS.
| 1) | All contractor personnel entering the installation and requiring unescorted access must have a valid purpose to enter and be sponsored by a U.S. government organization or a contractor providing support on the installation. They must have their identity proofed and vetted through the National Crime Information Center (NCIC) database, and be issued, or in possession of an authorized and valid access credential from the Detroit Arsenal installation. |
| 2) | At the discretion of the Senior Commander, U.S. Army Garrison Detroit Arsenal, any individual known to have a criminal background involving violence or meets the disqualifying standards in the Final Credentialing Standards for Issuing Personal Identity Verification Cards under HSPD-12 (31 Jul 2008), may be denied access to the Detroit Arsenal. Fingerprinting of employees and any other security procedures deemed necessary for the security of Detroit Arsenal (vehicle searches or x-raying packages, bags, briefcases) may be required based on the Force Protection Condition level at the time of access and whether the installation or building location is identified as a Restricted Area or Mission Essential Vulnerable Area (MEVA). |
c) BADGES.
| 1) | Badges/Passes. Contractor employees entering the Detroit Arsenal are responsible for obtaining, and then returning, security identification badges/passes and vehicle registration decals/passes. Badges are valid only for the date spans indicated, by the government, on each badge application form (STA Form 17). |
| 2) | Obtaining Badges. Government sponsor must prepare and submit a properly completed STA Form 17 (Visitor Notification and/or Temporary Security Identification Badge Application) to the Detroit Arsenal Visitor Control Center not less than 96 hours prior to scheduled visit. |
| 3) | Returning Badges. The government sponsor is responsible to ensure the security identification badges are returned to the Visitor Control Center, Bldg 232, upon expiration or termination of the contract relationship with the contract employee. Failure to comply with the requirements in this paragraph may be grounds for withholding any funds due the contractor until completion of the requirement, notwithstanding any other clause or requirements in the contract. Failure to comply may also be taken into account by the government in evaluating the contractor’s past performance on future acquisitions. |
| 4) | Badge Guidance. |
| a) | All contractor employees, while on the premises at the Detroit Arsenal, shall continually wear the badge, which shall be visible at all times between the neck and waist of the individual. Badges will be secured from public view when off post and will not be left in privately owned or contractor vehicles unattended. Stolen or lost badges will be promptly reported to DES, USAG Detroit. |
| b) | The identification badge or pass issued to contractor employee(s) is for their own use only. Misuse of badge or pass, such as permitting others to use it can result in criminal charges under Title 18 USC 499 and 701, and barring the employee from the Detroit Arsenal property. |
| c) | If the contractor obtains a new or follow-on contract that again requires physical access to the Detroit Arsenal property, he shall obtain new badges for his employees, indicating the new or follow-on contract number. The security policies described in this clause apply to any contractor employee on base in connection with any contract with TACOM-Warren. |
d) MEETING ATTENDANCE. Any contractor employee attending meetings with Government employees within or outside the Detroit Arsenal boundaries, shall, at the beginning of the meeting, announce that he/she is a contractor employee. He/she must state the Contractor's name and address, and state the name of all other companies or persons that (a) currently employ him, or (b) that he currently represents. In addition, for the duration of the meetings, the contractor employee shall wear a second visible badge that displays the contractor's company name.
e) CLASSIFIED ACCESS. If a visiting contractor is working on a classified contract, his/her visit request, with security clearance information, must be sent to the G2, TACOM LCMC (SMO Code W4GGAA, AMSTA-CSS, Office Phone 586-282-6262, Fax 586-282-6362) and their sponsoring activity. Government employees hosting meetings will verify contractor employee’s security clearance information with their supporting Security Coordinator or G2, TACOM LCMC using JPAS or the TACOM LCMC Access Roster prior to providing contractor access to classified information based on the approved DD254.
f) REGULATORY COMPLIANCE. All contractor employees working on the U.S. Army installation, Detroit Arsenal, in the State of Michigan, in connection with this contract, shall conform to all applicable federal or state laws, and published rules and regulations of the Departments of Defense and Army. Also, they must comply with any existing applicable regulations promulgated by Detroit Arsenal, TACOM LCMC, or the Senior Commander. Additionally, all contractor employees working on classified contracts shall comply with the requirements of the National Industrial Security Program (NISPOM) and Army Regulation 380-5, Department of the Army Information Security Program and their approved DD254.
g) NON-DISCLOSURE AGREEMENT. Each contractor employee working at the Detroit Arsenal property under this contract shall sign a Non-disclosure Agreement on their company's letterhead prior to commencing work under the contract or obtaining the badges permitting access to the property. There will be one Non-disclosure Agreement for each employee. The Non-disclosure Agreement shall be in the format indicated below. A copy of the agreement will be made a part of the contract file.
FORM…
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