W911KB-14-T-0008.pdf

U.S. ARMY ENGINEER DISTRICT, ALASKA

CEPOA-CT-SP

PO BOX 6898

JBER AK 99506-0898

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$33.5 M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W911KB-14-T-0008 20-Feb-2014

b. TELEPHONE NUMBER

907-753-2547

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 07 Mar 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

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CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

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W911KB

SIZE STD:

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18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ERNEST L WOODS III

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1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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237110

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

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ARE NOT ATTACHED

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32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

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32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

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37. CHECK NUMBER

FINALPARTIALCOMPLETE

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CORRECT FOR

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FINAL

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PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

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42b. RECEIVED AT (Location)

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STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W911KB-14-T-0008

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

BET009 EAST TIMBER DOCK REPLACEMENT

FFP

NON PERSONAL SERVICES: PROVIDE ALL LABOR, TOOLS, SUPPLIES,

EQUIPMENT AND TRANSPORTATION TO PERFORM DRILLING AND

SAMPLING SERVICES AT BETHEL, ALASKA IN ACCORDANCE WITH

THE ATTACHED SCOPE OF WORK AND WAGE DETERMINATION NO.

05-2017 (REV 17) (COPY ATTACHED).

FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACTION. NO

LEGAL LIABILITY ON THE PART OF THE GOVERNMENT FOR ANY

PAYMENT MAY ARISE UNTIL FUNDS ARE MADE AVAILABLE TO THE

CONTRACTING OFFICER FOR THE RESULTANT PURCHASE ORDER

AWARD AND UNTIL CONTRACTOR RECEIVES NOTICE THAT FUNDS

ARE AVAILABLE. SEE FAR CLAUSE 52.232-18 - AVAILABILITY OF

FUNDS ELSEWHERE IN THIS SOLICITATION.

FOB: Destination

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 15-MAR-2014 TO

01-APR-2014

N/A N/A

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

BID SCHEDULE

Exploration Drilling Services Bethel East Timber Wall Replacement

Bethel, Alaska

18 February 2014

Item Description Qty Units Unit Price

Total Price

1 Mobilization/demobilization of drill rig, drill equipment, supplies, and Contractor’s personnel to Bethel, AK

Lump Sum

2 Drilling and sampling test borings to depths of 50 feet beneath existing ground surface or below mudline and sampling at intervals prescribed in Section 2

Each

OP-

TION

2a

OPTIONAL ITEM:

Drilling and sampling additional test borings to depths of 75 feet beneath existing ground surface or below mudline and sampling at intervals prescribed in Section 2

3 Weather days for weather severe enough to prohibit drilling and sampling

Total Base

Items 1, 2 & 3

Total All Items 1, 2, 2a & 3

STATMENT OF WORK

Exploration Drilling Services Bethel East Timber Wall Replacement

Bethel, Alaska

1. GENERAL

The U.S. Army Corps of Engineers – Alaska District (USACE-AD) is conducting a geotechnical investigation to gather information for the Bethel East Timber Wall Replacement project. This project consists of replacing an existing timber retaining structure. And the investigation consists of drilling, sampling, and logging soil samples. Ultimately, the information acquired from this investigation will be used to design a replacement structure for the timber wall. To perform this investigation, USACE-AD needs to acquire drilling services.

Photographs 1 through 6 show the existing timber wall from multiple views and are attached at the end of the solicitation.

The East Timber wall is a retaining wall structure located on the west bank of Brown’s Slough (Figure 1). The wall is a soldier pile structure composed of steel HP 10x42 piles driven to a depth of approximately -20 feet MLLW. The lagging is held in place by the flanges of the H-piles and is shown to extend from +12’ MLLW to -6’ MLLW on the retaining wall. The retaining wall is tied back to a 4 foot tall soldier pile anchor wall offset 30 feet from the face panels. The soldier piles are connected to the anchor wall with two #7 rods per pile (Figure 2). The as-built drawings indicate the wall was completed in 1981.

2. SCOPE OF WORK

USACE-AD plans to drill four test borings to depths of 50 feet beneath existing ground surface or 50 feet below mudline, with an option for the City of Bethel to add two additional 75 feet holes in the same area. Two test borings are located near top of wall, along the landward side of the timber wall and two test borings are located near bottom of wall, along the seaward side of the timber wall. Both test borings located east of the timber wall are located within an intertidal zone and require drilling through river ice. A proposed test boring location map is included as Figure 3.

The Contractor shall furnish a driller and drill helper(s), drilling equipment, transportation to and from each boring location, and material, labor, operators, and incidental effort necessary to complete the investigation. All drilling will be performed with continuous-flight, hollow-stem auger or with casing and wash boring methods. Soil samples will be acquired at the ground surface or mudline, at 2.5 feet, 5 feet, 7.5 feet, 10 feet below the ground surface or mudline, and at five-foot intervals thereafter. Soil samples will be obtained using a Standard Penetration Test split-spoon sampler driven by a 140 pound hammer. Soil sampling shall be in accordance with ASTM D 1586. USACE- AD will record blow counts and handle the split-spoon sampler. All other activities are the responsibility of the contractor.

USACE-AD will be responsible for the survey. Following the completion of each borehole, the Contractor shall assist USACE-AD in obtaining vertical control by holding fix a leveling rod as directed by USACE-AD in the field and taking lead line soundings at boring locations.

USACE-AD anticipates one ten- to twelve-hour shift per day. All permits for this project will be obtained by

USACE-AD.

3. SCHEDULE

Drilling operation will take place between 15 March 2014 and 1 April 2014. The ‘to be’ completed date of 1 April 2014 may be moved to an earlier date as ice conditions dictate. USACE-AD will coordinate the exact dates for drilling operations once this contract has been awarded.

4. REQUIREMENTS AND QUALIFICATIONS

As a minimum, the following requirements and qualifications must be met by prospective contractors to be considered for this contract. The project driller shall demonstrate experience in remote exploration drilling on ice.

The names and qualifications of the proposed driller shall be submitted with the bid proposal. The drill rig must have the capability, reliability, and mechanical condition to successfully complete this drilling effort. The make, model, and year of the rig shall be submitted with the bid proposal. The bid proposal must also demonstrate that the intended drilling method and the associated drilling equipment is appropriate for this effort; in particular, the associated drilling equipment must be capable of obtaining the planned depths of exploration and be outfitted to with the proper equipment to facilitate drilling though ice. The Government will not be responsible for lost time due to breakdown of drilling equipment.

5. SAFETY AND WORK PLAN

Prior to starting work, the Contractor shall submit to USACE-AD a Work Plan for drilling and sampling. The plan shall include the proposed work schedule, method of drilling and sampling, a description of the equipment and sampling tools that will be used, and a listing of subcontractors. The Contractor is responsible for the safety of his and the subcontractor’s personnel, equipment, materials, and the public at all times. A description of all methods and site procedures that will be utilized to ensure safe operations will be included in the safety plan. A site specific safety and accident prevention plan in accordance with EM 385-1-1 “Safety and Health Requirements” shall be submitted as part of the work plan. No work shall be performed until these plans have been approved by USACE- AD. All work shall comply with the requirements of EM 385-1-1.

6. PROPOSAL EVALUATION

The proposals will be evaluated based on the lowest total bid of the minimal technically acceptable proposals.

7. MEASUREMENTS AND PAYMENT

All measurements for payment shall be made by or in the presence of USACE-AD. Payment will be made only for drilling and sampling those borings included on the map in Appendix A (Figure 3), or as directed by USACE-AD to be drilled or sampled.

7.1 Lump Sum Payment Items

Payment items for which contract lump sum payments will be made are listed in the Bidding Schedule and described below. All costs for items of work, which are not specifically mentioned to be included in a particular lump sum or unit price payment item, shall be included in the listed lump sum item most closely associated with the work involved. The lump sum price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, performing all associated Contractor quality control, providing environmental protection, meeting safety requirements, and for performing all work required for which separate payment is not otherwise provided.

7.1.1 Mobilization and Demobilization

Payment will be made for costs associated with mobilization and demobilization. No separate payment will be made for moves between borings. Mobilization and demobilization shall consist of preparing one drill rig and drill equipment for the work, procuring supplies and equipment, transporting all equipment, supplies, and all safety related equipment to the project site and back. Mobilization and demobilization shall include all labor for these activities and the travel expenses for the Contractor's personnel to and from Bethel, Alaska.

7.1.2 Drilling and Sampling

Payment will be made for costs associated with drilling and sampling test borings to depths of 50 feet beneath existing ground surface or below mudline, when applicable. The sampling shall be in accordance with ASTM D 1586 and at intervals prescribed in Section 2. Drilling and sampling shall include all equipment costs, per diem for the drill personnel, and all other costs associated with the drilling operation including transportation to and from each boring location and a platform for drilling operations within the intertidal zone.

7.1.3 Additional Drilling and Sampling – City of Bethel

Payment will be made for costs associated with drilling and sampling additional test borings to depths of 75 feet beneath existing ground surface and will be included as an addition/option. The sampling shall be in accordance with ASTM D 1586 and at intervals prescribed in Section 2. Drilling and sampling shall include all equipment costs, per diem for the drill personnel, and all other costs associated with the drilling operation including transportation to and from each boring location.

7.2 Unit Price Payment Items

Payment items for which the contract unit price payment will be made are listed in the Bidding Schedule and described below. The unit price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, and for performing all work required for each of the unit price items.

7.2.1 Weather Days

Payment will be made for costs associated with weather severe enough to prohibit drilling and sampling activities. Weather days shall include all equipment costs, per diem for the drill personnel, and all other costs associated with a delay in drilling operation as a consequence to inclement weather. Adverse weather day will be defined as a work shift when the USACE-AD engineer on site agrees with the drill crew that the weather is too severe to work and notifies the USACE-AD Contracting Officer or the Contracting Officer’s Representative of the decision.

Attachment A Quality Assurance Surveillance Plan

FOR

BETHEL EAST TIMBER DOCK BET009

Bethel, AK

W911KB-14-P-____

Table of Contents

Subject para

1. Overview 1

2. Description of Services 2

3. Organizational Structure 3

4. Contract Quality Requirements 4

5. Performance Assessment Approach 5

6. Performance Assessment Documentation 6

7. Performance Objectives 7

1. OVERVIEW

1.1 Purpose. The purpose of this plan is to identify the methods and procedures the Government will use to ensure it receives the services under contract as identified in the Statement of Work (SOW). This plan will focus on the level of performance required by the SOW, not the methodology or process.

1.2 Intent. The intent of this plan is to rely on the Contractor’s quality control, thus changing the Government’s role from “oversight” to “insight”. Performance Objectives (PO) will be periodically monitored and the quality program evaluated but the Contractor is left as free as possible to develop the most efficient methodology to meet and exceed the required thresholds of service.

2. DESCRIPTION OF SERVICES

.1 Scope of Work. On site soil boring investigation, Bethel, Alaska.

T he service provider is to provide all labor, tools, equipment, supplies, materials, transportation, and qualified supervision for their workforce.

A ssure every effort is used to provide quality samples to engineer for evaluation in a timely manner.

O n each day, contractor provides safety brief, and maintains safety throughout the project.

M ake every effort to leave the project area in the same condition post drilling as the area was pre drilling.

A ll services requested under the SOW are non-personal in nature.

2.2 Contract. This contract is a Firm-Fixed-Price (FFP) contract for onsite soil boring investigation, Bethel, Alaska. The Inspection of Services FAR Clauses 52.246-4 applies.

3. ORGANIZATIONAL STRUCTURE

Performance Objective Area Evaluator

Section I. Description of Services

PO 1. Contract team management COR

PO 2. Deliverables COR

PO 3. Schedule and Cost Control COR

PO 4. Compliance with Security (DD Form 254) requirements COR

PO 5. Contract requirements COR

PO 6. Contractor Identification Procedures COR

4. CONTRACT QUALITY REQUIREMENTS

4.1 Quality Program. The Contractor's Quality Control Program requirements are defined in in the SOW. The Contractor shall develop, maintain, enforce and document a Quality Control Plan (QCP). The QCP shall ensure the Government receives the level of quality that is consistent with the requirements specified in the contract. The Quality Control Plan will be submitted with the award proposal and accompanying Scope of Work.

5. PERFORMANCE ASSESSMENT APPROACH

5.1 Purpose. This section details the method(s) used to verify Contractor compliance with SOW requirements. The key elements of this process are the Contractor's quality program and Government identified Performance Objectives. The Performance Objectives from Paragraph

7.0 of this Quality Assurance Surveillance Plan (QASP) dictate the minimum inspection requirements Quality Assurance Evaluators (QAE) must accomplish on a periodic basis. This QASP provides the procedures on how to conduct the evaluations for Performance Objectives and how to document them in a correct and effective manner.

5.2 Performance Assessment Approach. To facilitate the Performance assessment of the Contractor's quality program, Government representative(s) will verify Contractor compliance with designated Performance Objectives. The intent of the Performance assessment approach is to gain confidence in the Contractor’s ability to provide satisfactory services.

5.3 Annual Review. The COR must review QASP Performance Objectives, assess their applicability and recommend the addition or subtraction of Performance Objectives as conditions warrant. This review must be accomplished annually as a minimum.

5.4 Special Audits. The COR must be alert to conditions that would warrant a special quality audit. Any time the COR observes that a functional area is out of acceptable performance or that the technical expertise is not available, a request for a quality audit should be addressed to the Contracting Officer.

5.5 Section 1. Approved QUALITY ASSURANCE SURVEILLANCE PLAN (QASP).

5.6 Section 2. CONTRACTOR’S QUALITY CONTROL PLAN (QCP).

5.7 Section 3. ACTIVITY LOG. A chronological log of actions taken in the accomplishment of Quality Assurance assigned Performance Requirements. The purpose of this log is to provide a brief synopsis of an inspection of Contractor provided services or a meeting/conversation with the contractor regarding SOW performance in a given functional area.

5.8 Deficiency Identification. Effective contract Performance assessment relies on two methods for identification of unacceptable performance – Contractor Identified Discrepancies and Government Identified Discrepancies.

5.6.1 Contractor Identified Discrepancies (CIDs). Generated when contract employees detect discrepancies during performance of routine daily services or through the contractor’s Quality Control Program. When reviewed by the applicable representative, that person will take the following actions:

5.6.1.1 Review corrective actions taken by the contractor to resolve a discrepancy.

5.6.1.2 Determine whether the discrepancy has been corrected. If the discrepancy has been resolved, review the corrective action taken and any applicable procedures the contractor has established to preclude recurrence of the problem.

5.6.1.3 If not been resolved and the Contractor has established an Estimated Completion Date for resolution of the discrepancy, the representative will monitor the Contractor’s efforts in resolving the discrepancy. If it is determined the estimated completion date for resolution of the discrepancy is excessive based on the nature of the discrepancy, the Contracting Officer (CO) will be notified. The Government can then evaluate the recommendation to determine the appropriate course of action.

5.6.1.4 If not resolved and the COR determines that the Contractor has not established a resolution of the discrepancy or has failed to perform a follow-up action for resolution of a discrepancy, the COR will issue a report. The Contractor will be given a suspense date to provide corrective action to the Government’s findings and describe the Contractor’s plan to preclude repeat deficiencies.

5.7 Government Identified Discrepancies. Generated as a result of inspection of contractor performance that identifies noncompliance with contractual requirements. The Contractor will be given the opportunity to show whether the discrepancy has already been identified and in work.

6. PERFORMANCE ASSESSMENT DOCUMENTATION

6.1 Corrective Action Report (CAR) Used by QAP to document contract requirement findings and subsequent corrective actions to be taken. A computer-generated CAR may be used provided the information on the CAR remains the same. See attached CAR and instructions for filling it out.

6.1.1 The individual identifying the discrepancy is responsible for completing the CAR utilizing the instructions attached. If there are other questions as to how the CAR is completed, that individual should consult the COR.

6.1.2 Consult the assigned contract COR/Government Representative to give them the opportunity to assist and advise how the CAR is to be worded..

6.1.3 The CAR Issuing Authority will elevate any CARs that cannot be resolved with the contractor to the Government Contracting Officer for resolution.

6.1.4 Categories of Findings. A finding is any Government-identified noncompliance with contract requirements that specifies that an activity or action did not take place or was not performed to the quality or timeliness standard required by the contract or Task Order. A finding can be categorized as either Major or Minor. Major/Minor Findings are defined as follows:

6.1.4.1 Major Finding. A conclusion that identifies a condition having a significant adverse effect on the quality of the activity under review such as:

a. Failure to meet a Performance Threshold.

b. Significant mission degradation in any Contractor operated function.

c. A situation that is likely to result in hazardous or unsafe conditions for individuals

(or any other Government resource) coming into contact with the work.

d. Failure to provide adequate corrective action to preclude reoccurrence of Government identified findings.

e. Failure to provide corrective action to deficiencies identified by the Contractor within a prescribed suspense period

f. Any failure to adhere to security regulations that results in a security incident.

6.1.4.2 Minor Finding. A departure from established standards having little bearing on service provided. However, if the same minor finding is repeatedly identified, it may be an indication that Major Finding (d) above is occurring or has occurred because the contractor quality system has not acted to prevent recurrence. In this case, the Minor Finding should be elevated to the level of a Major Finding and a new CAR initiated.

6.2 Performance Assessment Log. COR/QAR must document Performance assessment as it is accomplished. The Performance Assessment Log is an official government record of inspections of the performance objectives and other inspection items contained in this QASP.

6.2.1 The Performance Assessment Log is locally developed. A sample is attached to this QASP as an example. It must contain the following items as a minimum:

6.2.1.1 Contract No. – self-explanatory.

6.2.1.2 Contract Requirement – functional area of inspection, if always the same area, just fill in the first block on each page.

6.2.1.3 Contract Paragraph Number - enter the contract paragraph number of the critical operational requirement.

6.2.1.4 Method of Performance Assessment – if inspections were conducted in accordance with the QASP, enter “IAW QASP.” If the inspection method deviated from the procedures of the QASP, indicate what inspections were completed.

6.2.1.5 Date Accomplished/Initial – enter date accomplished and initial to show verification that the performance assessment was accomplished. An electronic initial is acceptable if the Performance Assessment Log is maintained in soft-copy form.

6.2.1.6 Where Accomplished – enter location where inspections were accomplished. If always the same, one entry in the first block of each page will suffice.

6.2.1.7 Compliance – enter the results of the inspection. If applicable, list control number(s) of any CARs.

6.2.1.8 Date Next Due – Enter the date the inspection is next due. This will serve the purpose of showing, at a glance, status of inspection activities.

6.2.1.9 Completed Performance Assessment Logs will be maintained until such time as they are stored in the contract administration files with the USACE Contracting Division.

7. PERFORMANCE OBJECTIVES

7.0 Performance Objectives. The following is a list of the contractual Performance Objectives to be validated by the Government. Each Performance Objective includes a government-determined Performance Threshold and is used to perform the verification. The Performance Objectives are arranged according to the functional area they are associated with.

Functional areas not listed were omitted because they did not have Performance Objectives identified as critical. The performance objectives in this paragraph represent the minimum items that must have Performance assessment accomplished on a periodic basis. Any Performance assessment of SOW requirements not required by the QASP must still be documented in the Performance Assessment Log as described in paragraph 6.2.

1. Performance Objective: Provide all labor, tools, equipment, supplies, materials, transportation, qualified supervision, and all other requirements necessary to drill soil borings.

Performance Threshold: On each day, contractor provides safety brief, and maintains safety throughout the project.

Method of Performance Assessment: Customer complaint and daily inspection.

2. Performance Objective: Assure every effort is used to provide quality samples to engineer for evaluation in a timely manner.

Performance Threshold: Contractor arrives late, delays and/or disrupts production, and performs in an unprofessional manner.

3. Performance Objective: Make every effort to leave the project area in the same condition post drilling as the area was pre drilling.

Performance Threshold: Contractor leaves a big mound, a mess, or a sink hole.

CORRECTIVE ACTION REPORT

(If More Space is Needed Use Reverse and Identify By Number)

1. CONTRACTOR

2. CONTRACT NUMBER

3. TYPE OF SERVICES

4. FUNCTIONAL AREA

5. SUSPENSE

DATE

6. CONTROL

NUMBER

7. MAJOR MINOR

FINDING:

FINDING IMPACT:

Please respond with a written corrective action plan that details the corrective action of the cited deficiency, the cause of the deficiency, and actions taken to prevent recurrence by Suspense Date in Block 5. If date was not entered in Block 5, the contractor is not required to provide a response.

8. QUALITY ASSURANCE PERSONNEL (QAP)

TYPED NAME AND GRADE

SIGNATURE AND DATE

9. ISSUING AUTHORITY

TYPED NAME AND GRADE

SIGNATURE AND DATE

10. QAP RESPONSE TO CONTRACTOR CORRECTIVE ACTION AND ACTION TAKEN

TO PREVENT RECURRENCE

11. CONTRACTOR RESPONSE

ACCEPTED REJECTED

12. CLOSE DATE

CAR Instructions

Block 1. Enter Contractor Name

Block 2. Enter Contract Number

Block 3. Enter Contract Name or Type of Service

Block 4. Enter Functional Area of the Contract

Block 5. a. Enter the assigned suspense date given the contractor to provide a response to the CAR.

b. A date must be entered for a Major finding. A date is optional for a Minor finding.

Block 6. a. All CARs will be tracked with a Control Number.

b. The FD or designee is the Issuing Authority for QAE-initiated CARs.

c. The control number will be made up of the first two letters of the name of the site or contract, the last two digits of the calendar year and a three digit number starting with 001 and progressing upward throughout the calendar year.

d. The QAE is the Issuing Authority for a CAR initiated during a performance assessment audit. The control number will be provided by the QAE and the finding will be tracked to conclusion.

e. The QAE will attach all CARs to their performance assessment audit report.

Block 7. a. Check the block that indicates whether the identified deficiency is a Major or Minor finding. See QASP for the definitions of Major and Minor Findings.

b. Clearly state the details of the finding followed by a reference to the stated contractual requirement. The reference must state the portion of the contract, part, section, paragraph and subparagraph and must make a brief but complete quotation of the contract reference.

c. State the impact that the finding has or could have on mission accomplishment.

d. Normal suspense time for contractor response is ten working days.

Block 8. a. For QAE-initiated CARs, the QAE initiating a CAR signs and dates the report.

b. For CARs initiated during a performance assessment audit, the Contracting Officer signs and dates the report.

Block 9. a. For QAE-initiated CARs, the FD or designee signs and dates the report.

b. For CARs initiated during a performance assessment audit, the Contacting Officer signs and dates the report.

Block 10. Upon review of the Contractor’s reply, the initiator of the CAR will enter comments regarding acceptance or rejection of the contractor’s response. This block may also contain any comments regarding follow-on inspections conducted or needed at a later date to validate that the finding has not reoccurred.

Block 11. The initiator of the CAR accepts or rejects the contractor’s response.

Block 12. a. The initiator of the CAR enters a close out date after acceptance of the Contractor’s response.

b. For QAE-initiated CARs, the report is forwarded to the FD or designee and a copy is provided to the Contacting Officer. The FD or designee will forward the CAR to the contractor and record results of the report in the COS. Copies of completed CARs will be maintained in the FD and QAE performance assessment folders.

c. For CARs initiated during a performance assessment audit, the Contracting Officer will forward the report to the Contractor and provide a copy to the FD or designee.

The FD or designee and QAE responsible for performance assessment will file the CAR in his/her Performance Assessment folder and track to conclusion.

d. If a CAR is not deemed closeable due to incomplete or unacceptable Contractor response, the CAR will be returned to the Contractor for additional information.

Performance Assessment Log

(To be performed (Daily) (Monthly)(Weekly), etc.)

Contract Number

Contract

Requiremen t

Contract Paragraph

Number

Method Of Performance Assessment

Date Accomplished/ Auditor Initial

Where Accomplished

Complianc e

Next Due

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.212-1 Instructions to Offerors--Commercial Items JUL 2013 52.212-4 Contract Terms and Conditions--Commercial Items JUL 2013 52.232-18 Availability Of Funds APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A MAY 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Offers will be technically evaluated in accordance with the requirements set forth in the Performance Work Statement. Award will be made to the lowest-priced technically acceptable offeror. The Government reserves the right to make award on the initial offer received without discussions.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ballot] is, [ ___ ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ballot] is, [ ___ ballot] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It [ ___ ballot] is, [ ___ ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ___ ) is, ( ___ ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ___ ) has, ( ___ ) has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii…