W911KB17R0069.pdf

SEE ADDENDUM

(No Collect Calls)

W911KB17R0069 16-Aug-2017

b. TELEPHONE NUMBER

907-753-2547

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 23 Aug 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911KB9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ERNEST L WOODS III

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY ENGINEER DISTRICT, ALASKA

CEPOA-CT-SP

PO BOX 6898

JBER AK 99506-0898

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

562119

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

X

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF49

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911KB17R0069

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

FGA POLLUTION PREVENTION PROGRAM SUPPORT

FFP

NON-PERSONAL SERVICES: COTRACTOR TO PROVIDE ALL LABOR,

TOOLS, EQUIPMENT, TRANSPORTATION AND ALL OTHER

REQUIREMENTS NECESSARY TO ACCOMPLISH ALL TASKS SET FORTH

IN THE ATTACHED PERFORMANCE WORK STATEMENT FOR

POLLUTION PREVENTION PROGRAM SUPPORT (RAP), FORT GREELY,

ALASKA. SERVICE CONTRACT ACT WAGE DETERMINATION 05-2017

(REV 22.) IS MADE A PART OF THIS SOLICITATION AND ANY

RESULTANT CONTRACT.

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

CONTRACT AWARD AND UNTIL CONTRACTOR RECEIVES NOTICE

THAT FUNDS ARE AVAILABLE. SEE CONTRACT CLAUSE FAR 52.232-18

AVAILABILITY OF FUNDS (APR 1984) ELSEWHERE IN THIS

SOLICITATION.

FOB: Destination

NET AMT

PERFORMANCE WORK STATEMENT

POLLUTION PREVENTION PROGRAM SUPPORT

FORT GREELY, ALASKA

02 August 2017

1.0 INTRODUCTION

U.S. Army Corp of Engineers, Alaska (USACE) is requesting services to support Fort Greely’s Pollution Prevention (P2) Program. The Fort Greely P2 program focuses on the re-utilization and diversion of materials from the solid waste stream in accordance with the Installation’s Integrated Natural Resource Management and Integrated Solid Waste Management Plans.

The objective of this project is to provide Reclaimed Asphalt Product (RAP) for use by the Installation to reduce fugitive dust from roadways and enhance and protect Army lands. This support will include, but not be limited to, project management for the duration of this project, meeting attendance, preparation of work plans, processing used asphalt into RAP, and reporting.

The Contractor shall perform all the work in accordance with the terms and conditions described in this PWS. The Contractor shall furnish all labor, equipment, materials, and transportation necessary for, or incidental to, performance of the required work. The Contractor shall provide adequate professional supervision and quality control to assure the accuracy, quality, and completeness of the required work.

2.0 BACKGROUND

Fort Greely is located in the interior of Alaska, approximately five miles south of Delta Junction and 100 miles southeast of Fairbanks on the Richardson Highway. The installation is located in the Fairbanks Recording District and comprises approximately 6,805 acres. Fort Greely is comprised of three main use areas: (1) Allen Army Airfield which is located in the northern portion of Fort Greely; (2) the Installation’s administrative, commercial, and family housing centers which comprise an area that lies south of Allen Army Airfield and is collectively known as the main cantonment area; and (3) the Missile Defense Command’s Ground-based Midcourse Defense which controls the southern portion of Fort Greely.

Field work described in this PWS will primarily be performed at the Used Asphalt/RAP stockpile yard south of Allen Army Airfield off of Robin Road. This task will provide support for the operation of the P2 program at FGA. The FGA P2 program focuses on the re-utilization and diversion of materials from the solid waste stream, including the soil improvement projects on the installation. These efforts are in keeping with the FGA Integrated Natural Resource Management and Integrated Solid Waste Management Plans.

3.0 DESCRIPTION OF TASKS

All work shall be performed in accordance with all applicable federal, state, and local regulations as well as U.S. Army policies and procedures, including installation access and local security policies and procedures. The Contractor shall be responsible for identifying the applicable federal, state and local regulations that will affect this contract.

3.1 Task 1 – Project Management

The Contractor shall manage and control all work activities, including subcontracted services, associated with this PWS. Monthly status reports consisting of a summary of work that was completed the previous month, work planned for future month(s), and other pertinent project information are required. These reports shall be submitted via email to the USACE Project Manager (PM) no later than the 7th day of the calendar month following the month covered by the report. The purpose of this report is to provide a quick assessment of the status of the project and may be in bulleted or tabular format.

The Contractor shall arrange, prepare for, and participate in the following meetings:

Kick off meeting with USACE PM and Fort Greely Technical Representative (assume one 2-hour meeting in Anchorage). This meeting will be conducted within ten (10) calendar days of award of this contract.

Preparatory Meeting with USACE PM and Fort Greely Technical Representative (assume one 2-hour meeting at Fort Greely). This meeting will be conducted within ten (10) calendar days prior to the start of field work.

There may be occasions when subsequent meetings may be called by either party to re-confirm mutual understandings and/or address contract deficiencies that may require corrective actions.

The Contractor shall submit a detailed schedule within fourteen (14) calendar days of award of this contract showing the periods in which work will be performed and milestone dates to complete the planning, fieldwork, and reporting tasks. The project schedule shall be provided in Gantt chart format and shall include dates for starting and completing critical features of the work. The Contractor shall update and resubmit the schedule when changes to the schedule are realized with each monthly status report submission.

3.2 Task 2 – Planning Document Preparation

The Contractor shall prepare a brief work plan (WP) that presents the approach and methodologies to be used to conduct the required work. The WP shall describe the quality assurance, quality control, and other technical activities that shall be implemented to ensure that project objectives are achieved.

The contractor shall prepare and follow an Accident Prevention Plan (APP) for all field activities associated with this contract and for all persons performing work under this contract. The APP shall be developed and maintained in compliance with the most recent requirements of the USACE Safety and Health Requirements Manual (EM 385-1-1), Appendix A and OSHA standard 29 CFR 1910 and all applicable Federal, State, and local safety and occupational health laws and regulations. The APP shall include a Site Safety and Health Plan as required by section 33.B.01 of EM 385-1-1.

The planning documents must be approved by the Government prior to the commencement of the fieldwork. All work shall be conducted in accordance with the approved plans.

The USACE reserves the right to stop work under this contract for any safety violations at no additional cost to the Government. The USACE will verify that the Contractor has implemented corrective action before allowing continued performance under the contract.

The draft planning documents shall be submitted electronically to the USACE PM for review within thirty (30) calendar days after the kickoff meeting. The Contractor shall revise the draft planning documents as necessary based on all review comments received and submit final planning documents within ten (10) calendar days of receipt of review comments. The final planning documents shall be submitted both electronically (in native file and PDF formats) and as hard copies (two copies required).

3.3 Task 3 - RAP Processing

The Contractor shall furnish all labor, equipment, materials, and transportation necessary for processing 15,000 tons of used asphalt onsite into RAP as described below:

Mobilization/demobilization of personnel, equipment, and materials to Fort Greeley Processing of 15,000 tons of used asphalt into RAP; the final RAP product shall be 1-inch minus.

Stockpiling processed RAP at the used asphalt site near the Allen Army Airfield

The Contractor and their subcontractors are responsible for repairing all damages they incur during performance of the required work. Examples include, but are not limited to: Repairing damage caused by repeated trips to the used asphalt site by heavy equipment; repairing areas damaged by turn-around points, staging areas, and or maintenance and refueling areas.

The Contractor is responsible for notifying the Fort Greely Environmental Office before beginning work, and then each day before and after work starts and finishes.

3.4 Task 4- Reporting

The Contractor shall prepare a letter report that summarizes all activities completed under this PWS. A draft version of this shall be submitted electronically for review within thirty (30) calendar days of completion of field work. The Contractor shall finalize this report within fifteen

(15) calendar days of receipt of Army review comments. The report will include the following at a minimum:

A detailed description of site activities A photographic log that details site activities All field notes and other supporting field documentation

3.5 Optional Task 5 – Additional RAP Processing

The Contractor shall process 5,000 additional tons of RAP in accordance with the specifications in Sec 3.3, and stockpile it near the Allen Army Airfield. This option may be exercise up to five

(5) times while the Contractor is onsite (no additional mobilization required). This work be included in the Sec 3.4 report.

4.0 PERIOD OF PERFORMANCE

The period of performance (POP) of this contract is date of award through 31 December 2017.

The POP may be extended if work described in Optional Task 3.5 is awarded.

5.0 CONTRACTOR MANPOWER & RESERVE AFFAIRS

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this task order for the Department of the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year of contract/task order performance. Contractors may direct questions to the help desk at help desk at:

http://www.ecmra.mil to review user manuals and gain an understanding about the data fields that will be included in the reporting structure that is hosted at http://www.ecmra.mil.

6.0 AUTHORITY AND POINTS OF CONTACT

The USACE Contracting Officer is the only person with the authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to:

(1) Direct or negotiate any changes in the Statement of Objectives or specifications;

(2) Modify or extend the period of performance;

(3) Change the delivery schedule; or

(4) Otherwise change any terms and conditions of this contract.

The USACE Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract. In the event the Contractor makes any changes at the direction of any person other than the USACE Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

The Government will conduct periodic inspections of the Contractor’s work to determine compliance with the requirements of this contract. The USACE Contracting Officer will notify the Contractor of any work that is determined to be noncompliant with the contract requirements.

The Contractor shall take immediate corrective action after receipt of such notice. The USACE Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective actions have been taken.

Points of Contact:

USACE Project Manager:

Robert Brock P: 907-753-5612 Email: Robert.D.Brock@usace.army.mil

Fort Greely Technical Representative Richard Barth P: 907-873-4202 Email: Richard.D.Barth4.civ@mail.mil

7.0 GENERAL REQUIREMENTS

All data and reports generated under this contract shall become the property of the Government.

Distribution of data or reports to any other source is prohibited. The Contractor shall not make available to the news media or publicly disclose any data generated or reviewed under this contract.

If approached by the news media, the Contractor shall refer them to the Contracting Officer for response.

The Contractor shall inform employees of the criticality of protecting sensitive information or activities they may observe while working on the installation. Contractor employees are required to practice “positive operations security” (OPSEC) by protecting sensitive information, or operations. The Contractor shall not publically disseminate, or publish photographs (photographs are not authorized to be taken unless prior written approval with installation security is given) displaying critical or sensitive information. Examples include but are not limited to observed exercise or training events, personnel/vehicle convoys or bivouac sites, observed weapons or equipment employment, destroyed or damaged equipment, and the protective measures of military facilities. The Contractor shall not publically reference, disseminate, or publish critical or sensitive information that has already been compromised as this provides further unnecessary exposure of the compromised information and may serve to validate earlier reported information from other sources.

The Contractor and all associated sub-contractors shall brief all employees on the local iWatch program. The locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity. iWatch training materials will be provided to the Contractor.

Contractor employees, to include sub-contractor employees, requiring access to Army installations, facilities and controlled areas shall complete AT Level 1 awareness training within 30 calendar days after the contract start date. The Contractor shall submit certificates of completion for each affected contract employee to the USACE PM within seven (7) calendar days after completion of training by all employees. AT level 1 awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html

The Contractor is responsible for ensuring employee and sub-contractors employees possess all of the necessary documents to gain access to Fort Greely and Allen Army Airfield. The list may include, but is not limited to: A valid Alaska driver’s license, current vehicle registration, proof of insurance, and Commercial Driver’s License endorsements appropriate to the equipment being operated; and must comply with the REAL ID requirements.

The Contractor will ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of services.

The Contractor will return all issued US Government Common Access Cards (CAC), installation badges, and/or access passes to the Government Representative when the contract is completed or when a contract employee no longer requires access to the installation or facility.

The Contractor may be asked to suspend construction because of heightened Force Protection Condition (FPCON) levels. Changes in FPCON levels may require changes in security matters or processes. These FPCON actions may include delays in accessing Post and even denial of access.

8.0 PROPOSAL EVALUATION CRITERIA

Proposals will be evaluated based on Relevant Experience.

The Contractor shall demonstrate recent and relevant specialized experience and technical competence as follows:

Five (5) or more years of experience performing similar civil construction/road services in Alaska.

The contractor shall provide examples of at least three past projects of similar size, scope and complexity that best demonstrate the above qualifications. Submit projects that are at least 50% complete or were completed within the past five (5) years. The example project summaries shall be limited to a single page each. The example project summaries shall identify:

• Title and location of the project

• Total cost of the project

• Brief description of the project and relevance to this task order

• Dates of project performance

• Customer and contact information

The Government will use the example projects summary to evaluate the capability and past experience as a basis for comparing offerors.

9.0 GOVERNMENT FURNISHED MATERIAL

Fort Greely will provide necessary access to the Installation for project planning and execution.

Fort Greely will provide equipment and labor resources needed to assist with loading used asphalt onsite if material is to be transported to an off-site RAP processing facility.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

FOR

Contract: POLLUTION PREVENTION PROGRAM SUPPORT

FORT GREELY, ALASKA

Contractor: (yet to be determined)

1. PURPOSE. This QASP is a Government developed and applied document used to ensure that the Contractor performs all requirements of the Contract/Order, that the Government receives quality services, and that the Government pays only for services actually provided. The QASP provides a systematic method to evaluate the services the contractor is required to furnish.

2. SCOPE. The Contractor is responsible for management and quality control necessary to perform the required services. The QASP provides for the Government’s oversight of the Contractor’s quality control efforts to assure timely, responsive services are provided IAW the Contract/Order. The contractor is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is to perform quality assurance to ensure contract standards are achieved.

3. ROLES AND RESPONSIBILITIES.

Contracting Officer (KO): A duly appointed individual with the authority to enter into, administer and terminate contracts on behalf of the Government. Only the KO can legally commit the Government and, as the Government’s agent, modify the Contract/Order. The KO is the final authority for determining adequacy of the Contractor’s performance. KO decisions arising under or relating to the contact are final.

Contracting Officer’s Representative (COR) – An individual designated in writing by the KO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor’s performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority rests solely with the KO.

4. METHODS OF SURVEILLANCE. Simplified methods of surveillance will be used by the Government to evaluate contractor performance. The primary methods of surveillance are periodic inspections and/or customer feedback.

Periodic Inspections – Periodic Inspections could be a onetime evaluation of contractor performance for short duration contracts or for services that occur over a number of months, the COR will perform an inspection on a monthly basis and upon completion of the services. Periodic Inspection could be COR on-site inspection or the use of objective quality evidence such as customer feedback or trusted contractor supplied performance data.

Customer Feedback – Customer feedback is typically obtained via telephone or email. Telephonic customer complaints must be followed up in writing/email. The customer complaint must clearly articulate the nature of the complaint, time, date, etc. The COR will investigate the complaint; if determined valid, the COR will advise the KO and the Contractor of the deficiency. Copies of valid complaints and the resolution must be retained in the official contract file.

5. QUALITY ASSURANCE (QA) SURVEILLANCE TASKS.

a. The COR will perform surveillance on all services required of the contractor either through periodic inspection or the use of objective quality evidence (i.e. customer feedback or evaluation of contractor supplied performance data), and will ensure all required services of the Contract/Order are properly executed.

b. The COR will immediately report any noted contractual deficiencies to the Contractor and the KO, to include date, specific contract requirement, deficiency, request for contractor corrective action and suspense date. When Contractor contractual performance deficiencies are noted increased periodic inspections will take place to assure contract compliance.

c. The COR will re-inspect services that were found deficient. Failure to complete corrective actions will be reported immediately to the KO for further action.

d. Upon satisfactory completion of the work, the COR will accept the services provided and authorize payment, by approving the Contractor’s invoice in Wide Area Workflow.

6. DOCUMENTATION. When services are provided IAW the Contract/Order it is not uncommon for a low dollar value and low complexity and/or duration service to be performed without any remedial actions required by the Government. Based on the low dollar value and the low complexity and/or duration of the Contract/Order, documentation will be kept to a minimum. Documentation of COR surveillance of contractor performance can be as simple as a memo for record as long as it includes date, type of surveillance, what was observed and results. The COR must forward all records they maintained to the KO after accepting the Contractor’s services for use in the event of a future contract claim/dispute.

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 25-AUG-2017 TO

31-DEC-2017

N/A N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.212-1 Instructions to Offerors--Commercial Items OCT 2016 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.223-4 Recovered Material Certification MAY 2008 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 FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

(i) price

(ii) technical capability of the item offered to meet the Government requirement;

(iii) past performance

Technical and past performance, when combined, are approximately equal when compared to price.

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 (DEC 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (t) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions 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.

(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 (t) 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 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 [ ___ ] is, [ ___ ] 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 [ ___ ] is, [ ___ ] 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 [ ___ ] is, [ ___ ] 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) 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)(10)(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…