W56HZV-17-R-L585_Combo_Synopsis_and_Solicitation.docx
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- TACOM SIARS Intelex Services
- Solicitation number
- W56HZV-17-R-L585
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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 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) is W56HZV-17-R-L585
C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 (19 Jan 2017)
D. Small Business Set-Aside: N/A
E. Posting Date: 18 September 2017
F. Response Date: 21 September 2017
G. Contracting Office: Army Contracting Command - Warren (ACC-WRN) 6501 E. Eleven Mile, Warren, MI 48397. Contract Specialist: CPT Thomas Cayia, email: thomas.w.cayia.mil@mail.mil
H. The NAICS code applicable to this acquisition is 541511with a size standard of $38,500,000.00. 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 - The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of Title 10 United States Code (U.S.C.) 2304(g), 41 U.S.C. 3305 (a,d) and 41 U.S.C 1901 as implemented by Federal Army Regulation (FAR)13.500. Interested persons may identify their interest and capability to respond to the requirement or submit quotes. Intended award is a firm fixed price contract to CH2M Hill Inc., 9191 South Jamaica Street, Englewood, Colorado, 80112; Cage Code: 0CAV6.
II. GENERAL
The United States Army Tank and Automotive Command (TACOM) Safety in Warren, Michigan has a requirement for configuration and technical support services for their Safety Incident Automated Reporting System (SIARS) supported by Intelex Software. These services will provide Matter Expert (SME) services needed to perform advanced Intelex software configuration of the SIARS system. The contractor will provide technical support to SIARS customers across the TACOM Life Cycle Management Command (LCMC) and continuously develop enhancements of SIARS application workflows in support of the TACOM Safety Program business requirements.
TOTAL COMBINED COST: $_____________________________
The Period of Performance for this requirement is:
· Base Year: 30 September 2017 to 29 September 2018
· Option Year 1: 30 September 2018 to 29 September 2019
· Option Year 2: 30 September 2019 to 29 September 2020
· Option Year 3: 30 September 2020 to 29 September 2021
A. This acquisition is unrated under the Defense Priorities and Allocations System (DPAS).
B. Bids must be received by ACC-WRN no later than 1700 hrs (5:00 PM) Eastern Standard Time on 21 September 2017. Email bid to thomas.w.cayia.mil@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/.
C. Performance Work Statement
C. 1 Safety Incident Automated Reporting System (SIARS) Consulting, Configuration, and Training. The contractor shall be on-site at TACOM Warren for a one base year and three option years. Base year and follow-on option years will each be inclusive of one hundred and six (106) days or eight hundred and forty eight (848) hours of consulting and technical support over one 12-month period of performance from 30 Sep 2017 thru 29 Sep 2018.
Base Year Option Year I Option Year II Option Year III
The contractor will develop, configure, administer, and train users on the TACOM’s Safety Incident Automated Reporting System (SIARS) inclusive of all existing applications. SIARS supports the full life-cycle management of the U.S. Army TACOM Safety Program.
The contractor will work with the TACOM SIARS Program Manager to maintain, improve and train users on system administration framework and application builder to enhance current capabilities and develop additional capabilities as needed.
The contractor shall train TACOM Army civilians on the SIARS Safety Management System (SMS) Version 6. Training elements to be covered shall include system administration and configuration. The contractor shall develop training materials when required, to include user manuals, reference guides, and presentations/briefings.
The contractor will provide help desk support to all TACOM SIARS users in system administration, application builder, configured enhancements, reports and dashboard development, as described below.
Scope of Work:
1. The contractor shall perform routine configuration revisions to applications that were custom created for the TACOM Safety Office and the OASA IE&E, to include the following:
1.1. Quality Work Environment (QWE) Assessments and Checklists
1.2. QWE Hazard Management
1.3. Feeder Report (for Incident Rates)
1.4. Injury Reporting – OSHA
2. The contractor shall configure and maintain the five standard Intelex applications previously installed. These applications are:
2.1. Safety Nonconformance
2.2. Audits with Checklists
2.3. Incident Management
2.4. Communications
2.5. Management Review
3. As part of the configuration and management of these applications, the contractor shall perform daily maintenance of the applications and change management processes, manage and complete change requests, create reference guides, perform field and application level security management, and assume responsibility for overall end user experience management. Documentation of these activities required is inclusive of the following:
3.1. Document and maintain application architecture and version control reflecting all changes and enhancements to application fields, objects, workflows, and all associated alignment of applications to associated roles, groups, and application access and security.
3.2. Document and update all requests for support to include the full life-cycle of each support request thru closure.
4. The contractor shall also configure the system back end, to include: creating, editing, and managing workflows; checking and error handling; customizing email notifications; and setting process business rules to ensure the system performs as expected for end users. The contractor shall ensure that all roles, groups, notifications and security and access components are maintained for proper identification, definition and free of duplication.
C. 2 Project Management. Contractor shall administer the project remotely. This shall include assigning resources, attending Management meetings on-line and ensuring proper completion of the project as a whole. Contractor shall provide a final detailed report documenting each of the tasks performed and completion date. Report shall be in contractor format in accordance with CDRL A001.
C.3 Hours of Operation.
(a) Duty Day: The contractor shall accomplish all work during normal duty hours. Normal duty hours are 7:30 a.m. to 4:30 p.m.; Tuesday and Wednesday of each week, excluding Federal holidays.
(b) Special arrangements for after normal duty hours work must have prior approval.
C.4 Security. This contract is unclassified. All contractor personnel must maintain a favorable background investigation before accessing the TACOM databases and Local Area Network in accordance with provisions set forth in AR 380-5 Army Information Security Program, AR 25-1 Army Knowledge Management Program, AR 25-2 Information Assurance, AR 380-67 (Personnel Security Program). All information or data developed under this contract belongs to and is the property of the U.S. Government and shall be marked and handled as For Official Use Only (FOUO). The contractor shall not release any information or data to third parties without the express written approval of the Procuring Contracting Officer. The contractor shall have access to Government data for the accomplishment of work under this agreement. Prior to starting work on the contract, the Defense Investigative Security Clearance Office (DISCO) must determine the eligibility of contractor personnel and grant them access to the highest level of classified information covered by the contract (security clearance). Contact your Facility Security Officer (FSO) or the G2, TACOM LCMC for assistance in initiating action to receive a security clearance. For assistance with the DD254, contact G2, TACOM LCMC at 586-574-6262.
C.4.1 All personnel that access Government owned or operated automated computer systems, networks, or databases shall have a security investigation prior to award of the contract. The minimum investigative requirements to access unclassified Government automated systems are: a National Agency Check (NAC), or National Agency Check with written Inquiries (NACI). An investigation in process is acceptable as long as a satisfactory waiver has been granted by the Michigan Garrison Designated Approving Authority (DAA). Non-U.S. Citizens shall be Permanent Resident Aliens. Individuals shall also receive and certify to an Information Systems Security briefing in accordance with AR 380-67 (paragraph 3-401 and 3-101). The government will provide completed a DD 254 form at the time of contract modification award.
C.4.2 Contractor Employee Security Clearance Processing. The contractor shall provide working level personnel and management with the appropriate levels of security clearance necessary to perform classified tasks. The contractor shall provide all necessary paperwork for their employees to undergo required security investigations for receiving access to Government information
C.4.3 The Government has the right to restrict the employment under the contract of any contractor employee, or prospective contractor employee, who is identified as a potential threat, to the health, safety, security, general well-being or operational mission of the installation and its population.
C.5 Contractor badge procedure. Contractor employees entering the Detroit Arsenal must possess either a Detroit Arsenal Security Identification Badge or obtain a Temporary Badge from the Visitor Control Center (VCC) and their vehicles must be registered. Registration takes place at the VCC which is located between Van Dyke and Mound Roads, on the north side of Eleven Mile Road in the City of Warren, Macomb County, Michigan. Turn into the Main Gate of the Detroit Arsenal and the VCC is immediately to your right in Building 232. The VCC is open Monday through Friday, 0700 - 1400 hours, except Holidays. Note: If any changes due to relocation of the VCC, sufficient notification will be made to the contractor.
C.5.1 The contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest if applicable.
C.5.2 Contractor shall comply with all safety requirements, in accordance with Army Regulation (AR) 385-10, Occupational Safety Health Administration (OSHA) AR 385-1-1, and Emergency Management (EM) AR 525-27.
C.5.3 All personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the Government reservation, shall abide by all the regulations, policies, and procedures of the installation, which may be in effect during the contract period.
C.5.4 Employees will be working a restricted, sensitive area of the Detroit Arsenal. All contractor employees that require entrance for service and software installation shall provide social security number(s) and date of birth(s) to the US Army Garrison Security Manager for background verifications prior to arrival.
C.6.1 Contract 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 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.
Quality Assurance Surveillance Plan (QASP)
W56HZV-17-R-L585
Period of performance: September 2017 – September 2018
Quality Assurance Surveillance Plan:
The Customer Point of Contact (POC) will monitor contractor performance and will inspect all measured deliverables. The POC will complete the Quality Assurance Worksheet provided below on a monthly basis. The Quality Assurance Worksheet will be submitted directly to the contract COR with a copy to the Contracting Officer following the month of performance, not later than the 5th day of each month following the service.
The quality rating may change from “Green” to “Red” without notice. We anticipate the POC utilizing the “Yellow” quality rating to alert the contract COR and the Contracting Office of quality issues that have the potential for a “Red” quality rating if corrective action is not taken.
By approving service and/or deliverables on the worksheet, the POC confirms the quality performance rating of “Green” unless otherwise annotated. Contracting Officer will provide the Contractor with a copy of all rating worksheets that are other than green.
At the end of the period of performance or annually, the POC will be asked to complete a Quality Performance Review to document the quality performance rating during the performance period. This will be submitted to the Contracting Officer and the contract COR.
The POC may submit a Quality Assurance Worksheet at any time and as often as necessary to document quality levels. If Contractor response to an identified quality deficiency is unsatisfactory, the Contracting Officer will contact the appropriate Contractor representative to implement a plan of action to remedy the identified deficiency.
| RATING |
| DESCRIPTION |
| Green |
| Yes performance and technical specifications are being met at AQL. |
The Customer is not required to comment but is highly encouraged to do so.
| Yellow |
| Yes, performance and technical specifications are currently being met at the minimum Acceptable Quality Level (AQL), but the following service / deliverable needs contractor attention. |
The Customer must identify what component of the deliverable and/or service requires attention.
| Red |
| No, performance and technical specifications are not being met at AQL and the following service / deliverable needs immediate contractor resolution. |
The Customer must identify what component of the deliverable and/or service is below the minimum AQL.
Quality Assurance Surveillance Plan Worksheet Performance Rating
| Deliverable/Service |
| Acceptable Quality Level |
| PWS Reference |
| Quality Rating |
| Comments (Required for any Yellow or Red Rating) |
| Contractor Response (Required for any Yellow or Red Rating) |
Performs routine configuration revisions to applications that were custom created for the TACOM Safety Office and the OASA IE&E
| 100% |
| 1 |
Green
Yellow
Red
Perform daily maintenance of the applications and change management processes
| 100% |
| 3 |
Green
Yellow
Red
| Document and update all requests for support |
| 100% |
| 3.2 |
Green
Yellow
Red
| The contractor shall complete mandatory training and Combating Trafficking in Persons and report completed status in writing to the DGR by required suspense date. |
| 100% |
| 52.209-4025 |
Green
Yellow
Red
Total Number of Hours actually worked: ____ (Include only actual hours worked. Do not include non-worked holidays, leave, etc. these are included in the rate the Government pays and are not paid as hours worked.)
1. SOLICITATION PROVISIONS AND CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE
| 52.209-2 |
| Prohibition on Contracting with Inverted Domestic Corporations--Representation |
| NOV 2015 |
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| JAN 2017 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| JAN 2017 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.209-7993 (DEV) |
| Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law -- Fiscal Year 2014 Appropriations (Deviation) |
| FEB 2014 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2016 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
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)
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
52.204-4016 (Warren) Electronic Contracting (AUG 2015)
(a) All Army Contracting Command – Warren (DTA) solicitations will be publicized on the Federal Business Opportunities website (https://www.fbo.gov). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation.
(b) As of 10 August 2015, unless directed to do otherwise in Section L of this solicitation, vendors are required to submit a quote or proposal via the Federal Business Opportunities (FBO) system. Proposals or quotes submitted after this date using any other mechanism, including the Army Single Face to Industry Bid Response System (ASFI BRS) may be deemed non-responsive.
(c) Requirements for the online FBO bid submission:
1. Vendors must log into the FBO System to be able to submit electronic responses for opportunities.
2. Vendors must be registered in the System for Award Management (SAM) at www.sam.gov (a Federal Government owned and operated free web site) and have a CAGE Code and CCR Marketing Partner Identification Number (MPIN).
3. Once logged into the FBO System, vendors will be asked to enter basic information and directed to upload one or more files containing the proposal/quote and any additional information as outlined in the solicitation.
4. FBO will send an email to vendor’s registered email address confirming the electronic submission.
5. For additional information on submitting electronic bid responses via the FBO system see the FBO Vendor Guide – Section 4.3.1 “Submitting an Electronic Response” (https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf).
(d) Note to offerors:
Please pay close attention to the solicitation closing date and time as stated on the cover page of this solicitation, local time for the Army contracting Command - Warren, (DTA), Michigan. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.
It is the responsibility of the Offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the Government infrastructure (in this case, received through FBO) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean ALL volumes or parts required in the solicitation are included in the electronic submission.
Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.
Solicitations may remain posted on the FBO after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses.
(e) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of our intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If you object to such release in the base contract or contract modifications, and you intend to submit an offer, notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for your objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.
(f) Questions pertaining to this solicitation should be directed to the Contract Specialist identified in Block 10 on the cover page of this solicitation. For technical assistance in doing business with the Government, and doing business electronically, please visit the Procurement Technical Assistance Center (PTAC) website at http://www.aptac-us.org/ to locate a regional center.
[End of Notice]
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)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.209-4011 (TACOM) CONTRACTOR RESPONSIBILITY AND ELIGIBILITY FOR AWARD (JUL 2016)
(a) The Government will 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 elsewhere in this solicitation, 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 an offeror meets the responsibility criteria at FAR 9.104 the Government may:
(1) arrange a visit to the offeror’s plant and perform a preaward survey;
(2) ask the offeror to provide financial, technical, production, or managerial background information.
(c) If the offeror does not provide the Government with the data requested within 7 days from the date the requested is received, or if the offeror refuses to have an onsite visit to the offeror’s facility, the Government may determine the offeror to be nonresponsible.
(d) If the Government visits the offeror’s facility, please make sure that current certified financial statements and other data relevant to the bid or proposal available for Government personnel to review.
(End of Provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (Oct 2015) (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 (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (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 (Feb 2016) (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) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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 (Oct 2015).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
(xviii) 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).
(xix) 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.
(xx) 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)
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.
[End of Clause]
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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[End of Provision]
52.215-4405 (TACOM) ACCESS TO THE DETROIT ARSENAL; IDENTIFYING CONTRACTOR EMPLOYEES; NON-DISCLOSURE STATEMENT
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* or W4GGAA5, 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.
FORMAT FOR
NON-DISCLOSURE AGREEMENT
| I, ____________________, an employee of __________________________________________, a Contractor providing support services/supplies to Detroit Arsenal, TACOM LCMC, or other tenant organizations (hereinafter Detroit Arsenal), and likely to have access to nonpublic information (hereinafter RECIPIENT), under contract number ______________________, agree to and promise the following: | |
| WHEREAS RECEIPIENT is engaged in delivery support services to Detroit Arsenal under contract; and | |
| WHEREAS, It is the intention of Detroit Arsenal to protect and prevent unauthorized access to and disclosure of nonpublic information to anyone other than employees of the United States Government who have a need to know; and, | WHEREAS, Detroit Arsenal acknowledges that RECIPIENT will from time to time have or require access to such nonpublic information in the course of delivering the contract services; and, |
| WHEREAS, RECIPIENT may be given or other have access to nonpublic information while providing such services; and, | |
| WHEREAS, "nonpublic information" includes, but is not limited to such information as: |
Proprietary information (e.g., information submitted by a contractor marked as proprietary. However please note: THIS NON-DISCLOSURE STATEMENT IS NOT SUFFICIENT TO ALLOW CONTRACTORS’ ACCESS TO ANOTHER CONTRACTOR’S PROPRIETARY INFORMATION. FOR THAT, A SEPARATE CONTRACTOR TO CONTRACTOR AGREEMENT IS REQUIRED.);
Advanced procurement information (e.g., future requirements, statements of work, and acquisition strategies);
Source selection information (SSI) (e.g., bids before made public, source selection plans, and rankings of proposals) (PLEASE NOTE: THIS AGREEMENT ALONE DOES NOT AUTHORIZE ACCESS TO SSI--ONLY PCO OR SOURCE SELECTION AUTHORITY CAN AUTHORIZE SUCH ACCESS.);
Trade secrets and other confidential business information (e.g., confidential business information submitted by the contractor);
Attorney work product;
Information protected by the Privacy Act (e.g., social security numbers, home addresses and telephone numbers); and Other sensitive information that would not be released by Detroit Arsenal under the Freedom of Information Act (e.g., program, planning and budgeting system information);
| NOW THEREFORE, RECIPIENT agrees to and promises as follows: | |
| RECIPIENT shall not seek access to nonpublic information beyond what is required for the performance of the support services contract; | |
| RECIPIENT will ensure that his or her status as a contractor employee is known when seeking access to and receiving such nonpublic information of Government employees; | |
| As to any nonpublic information to which RECIPIENT has or is given access, RECIPIENT shall not use or disclose such information for any purpose other than providing the contract support services, and will not use or disclose the information to any unauthorized person or entity for personal, commercial, or any unauthorized purposes; and | |
| If RECIPIENT becomes aware of any improper release or disclosure of such nonpublic information, RECIPIENT will advise the contracting officer verbally within two business days, followed up in writing within five business days. |
The RECIPIENT agrees to return any nonpublic information given to him or her pursuant to this agreement, including any transcriptions by RECIPIENT of nonpublic information to which RECIPIENT was given access, if not already destroyed, when RECIPIENT no longer performs work under the contract.
RECIPIENT understands that any unauthorized use, release or disclosure of nonpublic information in violation of this Agreement will subject the RECIPIENT and the RECIPIENT's employer to administrative, civil or criminal remedies as may be authorized by law.
| RECIPIENT: _____________________________ (signature) |
| PRINTED NAME: _________________________ |
| TITLE: __________________________________ |
| EMPLOYER: __________________ |
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 365 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 48 months.
(End of clause)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code ( ) assigned to contract number ( ).
(Contractor to sign and date and insert authorized signer's name and title).
(End of clause)
52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (FEBRUARY 2001)
(a) Definition.
Forced or indentured child labor means all work or service--
(1) Exacted from any person under the…
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