B.08.02_W911KB19T0009.pdf

SEE ADDENDUM

(No Collect Calls)

W911KB19T0009 07-Mar-2019

b. TELEPHONE NUMBER

907-753-5754

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 21 Mar 2019

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 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

AU M NGUYEN

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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 BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

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:

$7,500,000

NAICS:

811310

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.

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 OF76

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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Hours Base Year 1 Apr 2019-31 Mar 2020

T&M

EQUIPMENT MECHANIC AT CHENA RIVER LAKES PROJECT, NORTH

POLE, ALASKA

The contractor shall, in accordance with the terms and conditions of the contract, furnish all labor, material (other than those expressly documented to be furnished by the government), and perform/provide what is necessary for or incidental to the statement of work.

Contract Specialist: Au Nguyen, 907-753-5754, au.m.nguyen@usace.army.mil

FOB: Destination

TOT ESTIMATED PRICE

CEILING PRICE

0002 1 Hours OPTION Option Year 1 1 Apr 2020-31 Mar 2021

T&M Option Year 1 INon-personal services: Contractor to provide all labor, tools, parts, supplies, transportation, and all other requirements necessary to perform maintenance and repair on specified equipment, as set forth in the attached Statement of Work, Quality Assurance Surveillance Plan, and the Service Contract Act Wage Determination 05-2017 (Applicable Revision).

0003 1 Hours OPTION Option Year 2 1 Apr 2021-31 Mar 2022

T&M Option Year 2 Non-personal services: Contractor to provide all labor, tools, parts, supplies, transportation, and all other requirements necessary to perform maintenance and repair on specified equipment, as set forth in the attached Statement of Work, Quality Assurance Surveillance Plan, and the Service Contract Act Wage Determination 05-2017 (Applicable Revision).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2019 TO

31-MAR-2020

N/A N/A

0002 POP 01-APR-2020 TO

31-MAR-2021

0003 POP 01-APR-2021 TO

31-MAR-2022

PRICING SCHEDULE

Chena Equipment Mechanic Services

The hours in the above price schedule are for PRICE EVALUATION PURPOSES ONLY however the proposed hourly rates and transportation unit prices will become contractually binding upon award. Award will be made to the technically acceptable offeror with the lowest total evaluated price as calculated per the above schedule.

Hourly rates shall be fully burdened labor rates including all labor markups and profit.

The following contract clauses and provisions apply to CLINs 001, 0002, and 0003:

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements ---Commercial Items Acquisition (Feb 2007) 52.232-7 Payments under Time-Material and Labor-Hours Contracts (Aug 2012) 52.243-3 Changes – Time-and-Materials or Labor Hours (Sept 2000) 52.246-6 Inspection – Time-and-Material and Labor-Hour (May 2001)

ITEM ITEM

NAME

ITEM

DESCRIPTION

QTY UNIT UNIT PRICE

TOTAL

PRICE

Journeyman

Mechanic or Crane Mechanic

Base Year Inspect and repair equipment or inspect and repair the PH 790- TC crane as indicated in the scope of work.

300 Hours

Travel to and from

Shop

Base Year Transport equipment from the

Chena Project Office and Return (Round Trip)

16 Each

Journeyman

Mechanic or Crane Mechanic

Option Year 1 Inspect and repair equipment or inspect and repair the PH 790- TC crane as indicated in the scope of work.

300 Hours ______ ______

Travel to and from

Shop

Option Year 1 Transport equipment from the

Chena Project Office and Return

Journeyman

Mechanic or Crane Mechanic

Option Year 2 Inspect and repair equipment or inspect and repair the PH 790- TC crane as indicated in the scope of work.

300 Hours ______ ______

Travel to and from

Shop

Option Year 2 Transport equipment from the

Chena Project Office and Return

TOTAL

Scope of Work Chena Equipment Mechanic Services

1. DESCRIPTION OF WORK:

The Chena River Lakes Flood Control Project Office owns equipment that requires annual/regular servicing, occasional repairs and troubleshooting. The equipment is located at the Project Office, 3800 Laurance Road, North Pole, Alaska, approximately 18 miles east of Fairbanks, Alaska. Equipment to be maintained/repaired includes but not limited to:

1. Air Compressor, Ingersoll-Rand

2. Backhoe, Caterpillar 416E

3. Crane, P&H 790-TC

4. Crane, Liebherr 8130HD

5. Disk Plow

6. Dozer, Caterpillar D 4K LGP

7. Dozer Trailer

8. Four Wheelers, Honda Rubicon, two

9. Loader, John Deere 544

10. Generator, trailer mounted

11. Grader, John Deere 670

12. Snow Machines, three (3)

13. SUSVs, two (2)

14. Tractor, John Deere 4040

15. Terex compact track loader with 8 attachments

16. Trailer, TWAMCO 25 Ton

17. Trailer, Lawnmower

18. Trailer, Snowmobile

19. Truck, Dodge flatbed

20. Truck, GI

21. Dump Truck, Kenworth

22. Ranger Boat, Engine, & Trailer

23. Work Boat, Engine, & Trailer

24. Emergency Generator, 25KW

25. Bat Wing Mower, Schulte

26. Trailer Mount Heater, ES500B

2. PERSONNEL QUALIFICATIONS:

Minimum mechanic qualifications are listed below. Certificates substantiating these qualifications shall be provided at the Pre-Work meeting:

A. Cranes: The Government prefers the mechanic meet the requirements of Engineering Manual 385-1-1 Sec 16.B.02, parts a-c, and be designated in writing to operate Lift Handling Equipment under limited conditions.

If the crane mechanic does not have this certification, a licensed crane operator with the above certification shall be required to start and run the crane through any functions. Alternatively, the Government will provide a certified crane operator to start and operate the crane provided a minimum 3 day notice is given by the Contractor.

B. All other equipment: Journeyman mechanic

3. PRE-WORK MEETING:

The Contractor shall meet with the Chena Project Manager at the start of the contract period to discuss contract requirements and compound/building access. Keys may be checked out from the Project Office at this time.

Certifications for the crane mechanic and journeyman mechanic shall be provided at this meeting.

4. WORK RECORDS & QUOTES:

Once the need for services has been identified, the Contracting Officer’s Representative or his/her representative, will contact the Contractor with the requirement. The Contractor shall provide an estimate, by email, of the task with itemized work description and corresponding labor and material costs for all work requested. Once the estimate has been received and reviewed, a notice to proceed will be given to the Contractor.

If while performing repairs or maintenance, the Contractor encounters an unforeseen circumstance that could cause costs to exceed the estimate, it is the Contractor’s responsibility to alert the Contracting Officer’s Representative or his/her representative of any and all overruns.

5. ANNUAL/REGULAR MAINTENANCE:

Annual/regular equipment maintenance consists of tasks including, but not be limited to, oil changes, DOT inspections, adding oils and coolants, cleaning cooling systems, cleaning parts, replacing filters, lubricating, checking batteries, hoses, tires, brakes and clutches.

Additional crane maintenance may include draining and checking air tanks, inspecting wire rope for damage, checking rollers and the boom, and checking valves and cylinders for leaks.

The preferred time period for annual maintenance of equipment is November 1-30 of each year; however, depending on usage, some equipment will require more frequent maintenance throughout the year.

6. REPAIRS/TROUBLESHOOTING:

Repairs generally consist of parts replacements. Repairs due to breakages shall be completed in 10 days from the request by the Contracting Officer’s Representative. If additional time is needed, such as awaiting the arrival of parts, a new schedule shall be approved by the Contracting Officer’s Representative.

Troubleshooting consists of tracing and correcting faults in any mechanical or electrical system. This pertains to the need to provide a correct diagnosis to a problem that has not been previously identified. While it is understood that the Contractor may not be able to accurately estimate the time and materials required to troubleshoot any given task, the Contractor should provide a “not to exceed” estimate and alert the Contracting Officer’s Representative if additional funds would be required to continue or complete the task.

All work performed by the Contractor shall be at the Chena Project Office unless another location is approved by the Contracting Officer’s Representative. If equipment must be transported, costs will be paid as a round trip from the Chena project Office and return. Travel costs shall not include mechanic labor which will be paid separately at the contract hourly rate.

7. PAYMENT:

This is a time-and-materials contract with a not-to-exceed amount of $50,000 per year. Labor shall be tracked by the hour and piece of equipment and shall be billed at the burdened labor rates included in the contract. The Contractor shall submit labor tracking with each invoice. The Contractor is required to provide all tools and transportation needed to facilitate repairs. Parts and materials shall be billed separately. Profit on parts and materials will not be allowed.

Contractor shall submit a copy of all receipts for all parts and items needed to facilitate repairs. Oils and lubricants needed are to be provided as materials. Work shall be performed safely, in accordance with Engineering Manual 385- 1-1.

7. CONTRACT DURATION:

This contract is for one base year and two option years. The renewal of this contract for one or more option years shall be at the discretion of the Government, based upon performance and availability of funds. Execution of option years shall be binding on the Contractor only if the Government decides to exercise the option years. Option years shall be exercised at the unit prices proposed for the particular option year.

8. TECHNICAL POINT OF CONTACT:

The technical point of contact for the work under this contract is Mr. Levi Lewellyn at (907) 488-5400 or levi.m.lewellyn@usace.army.mil

9. Contracting Officer's Authority

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

(1) direct or negotiate any changes in the Statement of Work/Description 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 purchase order.

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this purchase order and not withstanding any provisions contained elsewhere in this purchase order, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the purchase order price to cover any increase in costs incurred as a result thereof.

End of Statement of Work

QUALITY ASSURANCE SURVEILLANCE PLAN

1. PURPOSE. This Quality Assurance Surveillance Plan (QASP) is a Government developed document used to ensure that the Government receives quality services, and 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 role of Government Quality Assurance is to ensure contract standards are achieved. The QASP provides guidelines and methods for the Government’s oversight of the Contractor’s quality control efforts to assure timely, effective services are provided IAW the contract/order. The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract.

3. ROLES AND RESPONSIBILITIES.

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

b. 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.

c. Quality Assurance Evaluator (QAE): An individual designated by the requiring activity, typically the Section or Branch Chief, to assist the COR and provide technical oversight of the Contractor’s performance. The QAE’s primary duty is to monitor the Contractor’s performance by physically checking to see that tasks are completed, reports are submitted, and required quality and standard of practice are achieved. When a surveillance observation results in an unacceptable evaluation, the QAE will report the unacceptable performance to the COR. The QAE is not authorized to direct work, direct performance, change the contract, or in any way obligate payment of funds by the Government.

4. METHODS OF SURVEILLANCE. Surveillance is performed by the Government to provide objective quality evidence that there is a reasonable level of confidence that the services provided by the Contractor have met all the requirements of the contract before authorizing payment. Typical work to be conducted under this contract are field surveys including topographic, hydrographic, aerial mapping (LiDAR), GPS control, boundary establishment, office computations, and other specialized surveys. The primary methods of surveillance are reviews of mapping products, periodic assessments of services and customer feedback.

a. Periodic Assessment of Services: For services that occur over a number of months, the COR will evaluate Contractor performance on a quarterly basis or at agreed upon project milestones and upon completion of services. Generally, the Government will rely on the Contractor’s Quality Control system to ensure that services conform to contract quality requirements before they are tendered to the Government for acceptance.

b. Customer Feedback: Customer feedback is typically obtained via telephone or email. Telephonic customer complaints must be followed up in writing/email. To be considered valid, 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. SURVEILLANCE PROCEDURES.

a. The COR will develop a schedule of products and milestones based on the Scope of

Work. The reviews and/or surveillance outlined in the schedule will be as detailed and in-depth as necessary to provide the Government with the objective quality evidence required to support acceptance of contract invoices. The schedule will identify the date of review or inspection, and activity or product to be monitored or reviewed. Additional inspections may be added as needed for field or testing activities.

b. The COR/QAE will monitor performance in accordance with the schedule and will ensure all services required by the contract are successfully performed to an acceptable level of quality. All field or office inspections will be documented and include as a minimum date and time, who performed the inspection, what was inspected, to what standard and the results. Successful or exceptional performance will be documented as well as deficiencies in Contractor performance.

Documentation will be maintained for future reference, audit, and proof of inspection.

Any uncorrected or unacceptable observation will result in an unacceptable rating, a corrective action request to the Contractor and notification to the KO.

c. The COR will notify the Contractor each time an unacceptable observation has been recorded and ask the Contractor to correct the problem. The COR/QAE will record the contract requirement, the specific deficiency to the requirement; the date and time it was discovered, and have the Contractor acknowledge the notification. The Contractor will be required to correct the deficiency in accordance with requirements of the contract. Critical deficiencies that will prevent adequate performance of the contract that are not corrected within the project schedule will be reported to the Contracting Officer.

d. The COR will report to the KO more serious (systemic in nature) deficiencies or recurring deficiencies in the same area that could indicate a trend. The KO will notify the Contractor and request corrective action. The KO may require the Contractor to re-perform any services that do not meet contract requirements at no additional cost to the Government. The Contractor will return a copy of the completed and signed CDR to the KO for inclusion in the contract/order file.

e. The COR/QAE will re-inspect items that were found deficient to ensure corrections were made within the timeframe outlined in the contract or other agreed upon time.

The COR/QAE will not consider the services complete until all deficiencies have been corrected. Contractor’s failure to complete corrective actions will be reported immediately to the KO for further action.

f. Upon satisfactory completion of work, the COR/QAE will accept the services provided and authorize payment, by approving the Contractors invoice.

6. SURVEILLANCE STANDARD. The performance Standard set forth in the Statement of

Work/Scope of Work/Performance Work Statement, whichever is applicable to the contract/task order, is the standard the Contractor must meet for the services to be deemed acceptable. Generally, under commercial service contracts, the Government is relying on the Contractor’s assurances that the services conform to contract requirements. Consistent with FAR 52.212-4, Contract Terms and Conditions, (a) Inspection and Acceptance, the Contractor shall only tender for acceptance those services that conform to the requirements of the contract/task order. The government may require re-performance of nonconforming services at no increase in contract price. The Government reserves the right to refuse acceptance of nonconforming services. In no case shall the Government’s right to inspect services under the inspection provision of the contract be prejudiced.

7. QUALITY ASSURANCE SURVEILLANCE DOCUMENTATION.

a. The following shall be documented in the virtual contracting enterprise system

(CORT):

i. Copy of the COR appointment letter from the KO, any changes to that letter, and any termination letters

ii. Training Certifications for COR

iii. Copy of the applicable Quality Assurance Surveillance Plan (QASP)

b. The following shall be maintained electronically by the COR

i. Copy of the contract and all contract modifications

ii. Copy of each task order scope of work

iii. Copy of the contractor’s Work, Safety, and Sampling Plans

iv. Correspondence initiated by authorized representatives (Contractor or

Government) concerning performance of the contract

v. Records of onsite inspections, trip reports, or other surveillance performed and the results

vi. Memoranda for record of minutes of any meeting, telephone conversations and discussions with the contractor or others pertaining to the contract or contract performance

c. Engineering product reviews should be maintained in Dr. Checks

d. Alternate forms of review, such as memorandum or email

e. Performance of each task order shall be documented at each progress payment and CPARS evaluation completed

8. RECORDS: All records will be retained for the life of this contract.

9. CHANGES: The QASP is a living document and, as such, may be changed as needed.

The COR will coordinate changes with the KO.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of $35,000 with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $35,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--

(1) Exceeds $35,000 in value; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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.

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) 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 SAM.]

(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…