W911KF-15-Q-0089.pdf

SEE ADDENDUM

(No Collect Calls)

W911KF-15-Q-0089 26-Oct-2015

b. TELEPHONE NUMBER

256 235-6319

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 25 Nov 2015

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.

W911KF9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RYAN ABERNATHY

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

AY800050962101

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND - WARREN (ANAD)

ANNISTON ARMY DEPOT

7 FRANKFORD AVENUE, BLDG 35

ANNISTON AL 36201-4199

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 W31G1Y 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ANNISTON ARMY DEPOT

WORK TO BE PERFORMED AT

ANNISTON ARMY DEPOT

ANNISTON AL 36201-4199

TEL: FAX:

256 235-6353FAX:

TEL: 256 235-6231 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

541330

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 OF72

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.

W911KF-15-Q-0089

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2,900 Each Lockout/Tag Out Type 1

FFP

Perform Occupational Safety and Health Administration (OSHA) compliant Lockout/Tag out (LOTO) procedures for equipment and machinery according to Statement of Work.

FOB: Destination

PURCHASE REQUEST NUMBER: AY800050962101

NET AMT

0002 100 Each Lockout/Tag Out Type 2

FFP

Perform Occupational Safety and Health Administration (OSHA) compliant Lockout/Tag out (LOTO) procedures for equipment and machinery according to Statement of Work.

0003 1 Lot OPTION Lockout/Tag Out Type 1 optional

FFP

Perform Occupational Safety and Health Administration (OSHA) compliant Lockout/Tag out (LOTO) procedures for equipment and machinery according to Statement of Work. This CLIN should be bid in increments of 100 at $__________. The exact quantity will be determined after contract award, if additional type 1 procedures are needed.

0004 1 Lot OPTION Lockout/Tag Out Type 2

FFP

Perform Occupational Safety and Health Administration (OSHA) compliant Lockout/Tag out (LOTO) procedures for equipment and machinery according to Statement of Work.This CLIN should be bid in increments of 10 at $________.

The exact quantity will be determined after contract award, if additional type 2procedures are needed.

0005 1 Each Manpower Reporting

FFP

This CLIN is used for pricing of the collection and reporting of Contractor Manpower Reporting data. 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, beginning with 2015. Final payment may be withheld on this contract if the required data is not input into this collection site by 31 October (or end of contract if sooner). Notify the Contract Specialist listed on the contract award at block 16 when the information has been entered into the system. The Unit Identifier Code (UIC) for Anniston Army Depot is WOLXAA. Contractors may direct questions to the help desk at http://www.emcra.mil/.

PROVISIONS

PROVISION 1 – ATTACHMENTS

The following documents are incorporated as part of this solicitation: (1) SOW; (2) Evidence of Authority to Sign Offers; (3) Request Contractor for Waiver Non-EPA items; (4) EPA Guideline Items; (5) Contractor Affirmative Procurement Report Form; (6) Wage Determination; and (7) Past Performance Questionnaire

PROVISION 2 – EVALUATION of COMMERCIAL ITEMS

a) An award will be made to the offeror that submits the best value bid or offer that meets all the material requirements of this solicitation, and meets all the responsibility criteria at FAR Part 9.104.

(b) To ensure that the offer meets the responsibility criteria at FAR Part

9.104 the government reserves the right to arrange a visit to the contractor facility and perform a pre-award survey, and may ask the offeror to provide financial, technical, production, or managerial background information. 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), regardless of whether there are negotiations after receipt, unless a written notice of withdrawal is received before award.

PROVISION 3- BASIS OF AWARD

1. Relative Importance of “Technical Capability” and “Experience.” The factor of “Experience” is slightly more important than factor “LOTO Technical Capabilities.”

2. Strengths and Weaknesses. The technical evaluation will also include identification of both strengths, which decrease the risk of unsuccessful performance or provide enhanced performance to the benefit of the Government, and weaknesses which increase the risk of unsuccessful performance.

PROVISION 4- INSTUCTIONS TO OFFERORS

Technical Proposal Requirements: The Government is requesting competitive proposals from qualified Contractors to create LOTO procedures for 3000 machines at Anniston Army Depot with an option for an additional number of machines. Clear, organized and complete proposals are essential. Proposals shall demonstrate an understanding of the requirements. The Government will make no assumptions, rely on no information submitted previously, and presume no information not specified in the proposal. Each of the two factors identified at “1” and “2” below should be addressed in a separate section.

1. Lockout/Tagout (LOTO) Capabilities. The Offeror shall provide a narrative discussion of the Offeror's proposed solution to meet the requirements of the Statement of Work (SOW), to include an implementation plan and identification of any industry-recognized training and/or certifications (OSHA lockout/tagout training, Certified Electrical Safety Compliance Professional (CESCP) or Certified Safety Professional (CSP) certificates), to clearly support conformance of the proposed solution to successfully and timely meet the requirements of the SOW. This information should be organized in order with the SOW.

This factor will be evaluated to assess the risk that the offeror's proposed approach will meet the schedule and performance requirements of the SOW through effective and detailed planning.

Based on the offeror's proposed solution, the Government will: (a) evaluate the extent to which the offeror identified specific and necessary tasks required for the completion of the SOW requirements in the implementation plan, along with a detailed and reasonable explanation of the proposed approach and any training and certifications as required for executing those tasks; and

(b) assess the risk the offeror's proposed approach will result in timely completion of the SOW requirements.

2. Experience. This factor will assess the risk probability that the prime offeror and any proposed principal subcontractors will, based on the depth and breadth of recent and relevant experience, successfully perform the requirement with minimal learning curve. Provide no more than three recent (within three years of issuance of this solicitation) contracts which included providing technical services for creating LOTO procedures. Each prior contract(s) identified by the offeror as being applicable will be evaluated based upon the extent to which prior experience described is relevant to the requirements of the solicitation and SOW. Each contract shall provide:

a. Contract Number

b. Contract type

c. Contract performance period

d. Government or commercial contracting activity address, telephone number, and

E-mail address

e. Procuring Contracting Officer's (PCO's) name, telephone number and E-mail address

f. Administrative Contracting Officer's (ACO's) name, telephone number and E- Mail address

g. Government or commercial contracting activity technical representative, or COR, name, telephone number and E-mail address

h. Copies of all Scope of Work paragraphs of the contracts/orders reflecting experience which is relevant to creating LOTO procedures

i. A discussion of specific similarities between these contract scopes of work and the scope of work in this solicitation.

PROVISION 5 – DETERMINATION OF RESPONSIBILITY

Determination of Responsibility and Eligibility for Award: Per FAR 9.103, a contract will be placed only with Offerors that the Contracting Officer determines to be responsible; that is, those who can satisfactorily perform the necessary tasks and complete the required tasks on time. Prospective Offerors, in order to qualify as sources for this acquisition, must be able to demonstrate that they meet the standards of responsibility set forth in FAR 9.104. In addition, the Government may assess the Offeror's financial ability to meet the RFQ requirements. The Government reserves the right to conduct a Pre-Award Survey on any or all Offerors (or its Subcontractors) to aid the Contracting Officer in the evaluation of each Offeror's proposal and ensure that a selected Offeror is responsible. No award can be made to an Offeror who has been determined not responsible by the Contracting Officer. To ensure that the Offeror meets the responsibility criteria of FAR 9.104, the Government may:

a. Arrange a visit to the Offerors plant and perform a necessary Pre-Award Survey, or

b. Ask the Offeror to provide technical, production, quality, and financial information. If the Offeror does not provide the Government with the data as requested within 7 days from receipt of the request, or if the Offeror refuses to have the Government visit its facility, the Contracting Officer may determine the Offeror to be not responsible. If the Government visits the Offeror's facility, the contractor should make sure that the Offeror has current data relevant to its proposal available for the Government team to review. 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), regardless of whether there are negotiations after receipt, unless a written notice of withdrawal is received before award.

PROVISION 6 – CREDIT CARD PAYMENT (IF WAWF IS NOT USED)

Contractor must accept Government Smart Pay Visa Credit Card or provide their electronic funds transfer address.

Contractors must be registered in the System for Award Management (SAM) before an award will be issued.

Companies should verify their CCR registration to ensure it is valid and current. COMPLETE THE FOLLOWING

INFORMATION AND INCLUDE WITH ANY OFFER.

Accept VISA? Yes_____ No_____

If no, EFT address: ________________________

Federal Tax Identification Number: __________________ Dun & Bradstreet Number (DUNS):__________________ CAGE Code: _____________ Central Contractor Registration: Yes______ No_______ Expiration Date:__________

Vendor Contact Information: POC____________________________ Telephone:_______________________

FAX: ___________________________

Email:___________________________

PROVISION 7 – SUBMISSION OF OFFEROR

As of 10 August 2015, Army Contracting Command – Warren (ACC‐WRN) has decommissioned use of the Army Single Face to Industry for the publication of ACC‐WRN contracting opportunities.

Federal Business Opportunities, FedBizOpps or FBO, will be the replacement system to provide and facilitate eCommerce capability for ACC‐WRN contracting community and industry partners.

Please go to FedBizOpps, www.fbo.gov, to view this solicitation and any related attachments in its entirety.

Unless directed to do otherwise in Section L of the solicitation, vendors are required to submit offers, bids, or quotes electronically for this solicitation via the Federal Business Opportunities (FBO) system.

Vendors who continue to submit offers, bids, or quotes electronically via the ASFI Bid Response System on solicitations issued after 10 August 2015, may be deemed non‐responsive.

For additional information on FBO Electronic Bid Submissions reference the FBO Vendor Guide - Section 4.3.1 Submitting an Electronic Response.

PROVISION 8– SF 1449

Quote must be submitted on Standard Form 1449. YOUR QUOTE WILL BE CONSIDERED TO BE NON- RESPONSIVE IF THE SF FORM 1449 IS NOT SUBMITTED IN ITS ENTIRETY. Bidders that fail to furnish required representations or information, or who reject the terms and conditions of the request may be determined to be NON-RESPONSIVE. It is your responsibility to furnish all information requested. We will not confirm information by telephone. If you do not fully response (such as price, delivery date) to the Request for Quotation, you will be determined NON-RESPONSIVE.

PROVISION 9 – SAM

Contractors must be registered SAM before an award will be issued. Companies should verify their SAM registration to ensure it is valid and current.

PROVISION 10 – WAWF PROCEDURES

If your order WILL BE PAID BY DFAS (not by credit card) and contains DFARS Clause 252.232-7003, Electronic Submission of Payment Requests, you must submit your invoice through Wide Area Workflow (WAWF). This clause requires invoices for supplies and services purchased by the DoD be submitted via electronic means. The Wide Area Workflow system satisfies this mandatory requirement. WAWF can be accessed on the internet at https://wawf.eb.mil/

Ensure the Electronic Business POCs listed in the Central Contractor Registration (CCR) for your company are the same individuals that will submit invoices through WAWF before using WAWF. CCR has been migrated to the System for Award Management (SAM) and accessible at www.sam.gov. For CCR access and navigation issues, follow the instruction provided at “User Guides and Helpful Hints” on SAM Home page. If your Electronic Business (EB) POCs are correct, contact the WAWF helpdesk at 1-866-618-5988 or by e-mail at cscassig@ogden.disa.mil and ask them to establish a group for your CAGE code. The group administrator will also have to call the WAWF helpdesk to request account activation. Once the group is established and the account is activated, you will be able to create a Combination Invoice/Receiving report (SUPPLIES/MATERIALS) or a 2 in 1 Invoice (SERVICES/EQUIPMENT) using the codes below and instructions available from our contract administrator/buyer.

Questions concerning payment should be directed to the responsible Defense Finance Accounting Services (DFAS).

Please have the order number and invoice number ready when calling about payment status. The accounts payable mailing address can be located in Block 18a of your order. You can easily access payment information using the DFAS web site at http://www.dfas.mil. Your purchase order/contract number or invoice will be required to inquire status of your payment. Go to DFAS on the web at: www/dfas.mil/money/vendor.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES AND ADDITIONAL

EMAILS CORRECTLY THROUGH WAWF:

WAWF

Data/CODES needed for Invoice

SUPPLIES/

MATERIALS

(PRs that start with W31G1Y)

SERVICES/

EQUIPMENT

SUPPLIES/

MATERIALS

(PRs DO NOT that start with W31G1Y)

CONSTRUCTION

CAGE CODE CCR Cage code listed in Contractor/Offer or field of contract

CCR Cage code listed in Contractor/Offer or field of contract

CCR Cage code listed in Contractor/Offer or field of contract

CCR Cage code listed in Contractor/Offeror field of contract

ISSUE/ADMIN BY

DODAAC

W911KF W911KF W911KF W911KF

INSPECT BY

DODAAC (If needed)

W31G1Y (Must have inspector code)

W911KF W911KF

(Unless Inspected by

DCMA)

W911KF

SHIP TO

(Supplies/Materials Only)

W911KF NOT

AVAILABLE

W911KF W911KF

ACCEPTOR

(Services/Equipment Only)

NOT

AVAILABLE

W911KF NOT

AVAILABLE

NOT AVAILABLE

Type of Invoice COMBO 2 IN 1 COMBO CONSTRUCTION Pay DODAAC HQ0303 HQ0303 HQ0303 HQ0303

CONTRACT NUMBER:

DELIVERY ORDER NUMBER (IF APPLICABLE):

EMAIL POINT OF CONTACT LISTING: (Please insert following email addresses for additional email distribution)

CONTRACT ADMINISTRATOR:

CONTRACTING OFFICER:

USER AND/OR INSPECTOR:

ADDITIONAL CONTACTS:

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 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-OCT-2015 TO

29-JAN-2016

N/A ANNISTON ARMY DEPOT

WORK TO BE PERFORMED AT

ANNISTON ARMY DEPOT

ANNISTON AL 36201-4199

W31G1Y

0002 POP 01-OCT-2015 TO

29-JAN-2016

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUL 2013

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-35 Equal Opportunity for Veterans JUL 2014 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans JUL 2014 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 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 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

JUL 2013

52.233-3 Protest After Award AUG 1996 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

DEC 2014

252.219-7004 Small Business Subcontracting Plan (Test Program) OCT 2014

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4000 DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

(End of clause)

52.0000-4055 NOTICE OF CONTRACT MANAGEMENT

Notwithstanding the Contractor's responsibility for total management responsibility during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. Upon award of a Contract, the Contracting Officer will appoint a Contracting Officer's Representative as his point of contact.

(a) Contracting Officer's Representative

A COR will be appointed by the Contracting Officer to monitor the Contract for technical compliance and to assist with Contract Administration. The precise responsibility and authority of the COR will be explained in his letter of appointment. The Contractor will be provided a copy of the COR appointment letter.

(b) Contracting Officer

The Contracting Officer is responsible for and will manage all Contract Administration. Accordingly, all communication pertaining to Contract Administration shall be addressed to the Contracting Officer.

52.0000-4408 INSTALLATION SECURITY

The Anniston Army Depot (ANAD) is currently operating on a heightened state of security awareness and enforcement due to possible terrorist threats. Due to this heightened state of security, it is imperative that no unauthorized materials of any type be brought onto or left unattended on the installation. For this reason the Contractor must have a process in place to receive and store materials and have visibility of the location of those materials at all times while on ANAD. This includes construction materials, equipment, and miscellaneous items.

This visibility/accountability of materials applies to the Contractor, its subcontractors, and its material suppliers.

Further, all Contractor, subcontractor, and material supplier employees are prohibited from bringing personal belongings of any nature onto the installation if such items are to be left unattended at any time.

The Contractor is further required to have a plan of action for implementing these procedures and must submit it to the Contracting Officer upon request. This plan of action must include a provision for informing all employees and subcontractors of these procedures. The plan of action must also address monitoring and procedures the Contractor has in place to ensure compliance with this contractual provision.

Should the Contractor fail to comply with this mandatory contractual provision, the Contractor may be held responsible for all direct and indirect cost incurred by the Government in identifying, securing, segregating, removing, and otherwise properly disposing of improper or abandoned materials/equipment.

52.0000-4702 AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103.

Complete AMC Protest Procedures can be found at: http://www.amc.army.mil/amc/commandcounsel.html

An agency protest may be filed with either the contracting officer or to HQAMC but not both following the procedures listed on the website above.

(End of provision) Updated January 2015

52.0000-4905 RECEIVING HOURS

a. Receiving hours for deliveries to the Receiving Area (see paragraph b):

DAYS PER WEEK HOURS

7:00 a.m. - 12:00 p.m.

Monday – Friday and 12:40 p.m. - 2:00 p.m.

b. Normal Depot working hours are as follows:

DAYS PER WEEK HOURS

7:00 a.m. - 12:00 p.m.

Monday – Thursday and 12:30 p.m. - 4:30 p.m.

7:00 a.m. - 12:00 p.m.

Every Other Friday and 12:30 p.m. - 3:30 p.m.

c. Anniston Army Depot will be closed Saturdays, Sundays, Federal Holidays, and every other Friday.

d. Details of this order/contract should not be discussed with anyone other than the Contract Administrator whose name and telephone number are shown in the ADMINISTERED BY block of the order/contract. Should you receive any inquiry(ies) from any source other than as indicated above, we would appreciate you contacting us in writing or by telephoning the appropriate administrator at Anniston Army Depot.

e. If the purchase/contract/delivery order number is not noted on the shipping document or marked clearly on the box/package, it will be REJECTED.

52.0000-4922 FOREIGN SUPPLIES

This contract is subject to the Buy American Act (41 U.S.C. 10a-d) and implements Parts 25 of the FAR and DFARS and any restrictions in appropriation acts on the procurement of foreign supplies. The quotation must identify any foreign items to be furnished.

52.0000-4924 COMMERCIAL WARRANTY

The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

52.0000-4928 SECTION 508 COMPLIANCE

Under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998, federal agencies must give disabled employees and members of the public access to electronic information that is comparable to the access available to others. Section 508 requires that federal agencies' electronic and information technology (EIT) be accessible to people with disabilities. All EIT products and services purchased under this contract must conform to the Section 508 law by meeting all applicable accessibility standards.

The applicable accessibility standards are indicated in the Statement of Work and/or CLINs. Only the standards referenced in the Statement of Work and/or CLINs apply to this contract.

A summary of the accessibility standards can be found at http://www.section508.gov/summary-section508-standards.

However, for compliance under the terms of this contract, the contractor shall ensure that all products and service comply with the applicable accessibility Technical Standards.

(End of Clause) updated April 2015

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

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

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain;

and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

(Contracting Officer insert specific details)

CLIN 0001-0004

Within Days 120

After Date Contract Award

Item No. Quantity of Contract CLIN0001-2900

CLIN0002-100

CLIN0003- Determined within 10 working days ARO CLIN0004- Determined within 10 working days ARO

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

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:

Technical is more important than price, price is slightly more important than past performance. When the two non-price factors are combined, they are signigicantly more important than price.

(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 (MAR 2015)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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…