Solicitation,_19-Q-0029.pdf

W911RX19Q0029

RFQ # W911RX-19-Q-0029

Fort Riley Aerial Spraying

The following combined synopsis/solicitation is competed IAW FAR Part 13.5, for certain

Commercial Items. FAR Part 13, Simplified Acquisition procedures, FAR part 12, Commercial

Items.

Applicable Clauses and Provisions are listed within this Request For Quote (RFQ). Offerors shall comply with the RFQ procedures as listed below to be determined responsive. Failure to comply with the instructions listed below will be grounds to deem offeror as non-responsive or responsible.

SET-ASIDE REQUIREMENT

This solicitation is restricted to Total Small Businesses and all qualified offeror’s can quote. This solicitation requires registration with the System for Award Management (SAM) prior to submission of quotes, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov.

NAICS CODE

Offeror must register with NAICS Code 115112, Soil preparation, Planting and Cultivating.

SITE VISIT

There is no scheduled site visit for this requirement

INSTRUCTIONS TO OFFERORS

1. OUOTE SUBMISSION, PREPARATION INSTRUCTIONS, AND CONTENT

These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of quotes. In the RFQ procedures, the lowest priced, technically acceptable offeror shall be awarded the contract. The submission of a low quote does not in and of itself determine responsibility of an offeror and therefore it is necessary to require additional information in order that the Contracting Officer may make an award based on the lowest priced, technically acceptable offeror. Mistakes and omissions in the offeror’s quote shall be processed IAW FAR 14.407.

1.1. QUOTE SUBMISSION

a. Quotes shall be submitted prior to the closing date and time of, 25 February 2019 at 2:00 PM

(CDT), to the following address:

Mission and Installation Contracting Command (MICC)

MICC – Ft. Riley

W911RX-19-Q-0029

ATTN: Hubert “Warren” Scipio

BLDG# 1792, 12th ST

Ft Riley, KS 66442 http://www.sam.gov/

b. Offeror’s Submission shall be clearly marked W911RX-19-Q-0029 and consist of one (1) section, physically separated and detachable parts, individually titled (to include one CD ROM submitted) RFQ Documents

TAB TITLE ORIGINAL NO. OF COPIES ON

CD

A Transmittal Summary Letter 1 1

B CLIN Pricing Schedule 1 1

B Exhibit A (Contractor Pricing

Schedule)

1 1

C Completed Representations and

Certifications

1 1

c. Electronic submission via email or fax will not be accepted. Offers shall be mailed through a commercial/Government carrier or hand carrier.

d. The Contract Specialist(s) are the sole points of contact for this submission. All questions regarding this solicitation shall be email to: valerie.j.shipman.civ@mail.mil AND hubert.w.scipio.civ@mail.mil

e. Industry question (s) shall be submitted not later than 12 Feb 2019. Industry questions received after 12 Feb 2019 @ 2:30 pm CST, will not be accepted. Please identify the applicable

Performance Work Statement (PWS) paragraph number or solicitation reference with each question.

f. All quotes received as per these instructions will be opened after closing date listed in 1.1.a above. Any quotes received after RFQ closing will be considered late and processed in accordance with FAR 52.214-7.

2. QUOTE CONTENT

2.1. RFQ Documents. This section should be clearly marked “RFQ DOCUMENTS, W911RX-

19-Q-0029. RFQ shall contain a signed copy of all documents requiring signature of the offeror.

RFQ should include the following information:

a. TAB A – Transmittal Summary Letter. A summary cover letter to the submission should provide the following:

(i) Please include the following information with your quote:

Company

Name:

POC:

Phone:

Email address:

CAGE Code:

DUNS Number:

mailto:valerie.j.shipman.civ@mail.mil mailto:hubert.w.scipio.civ@mail.mil

Tax ID Number:

(ii) Identification of the Point of Contact (POC), current phone number and email address;

(iii) A list of the submission package contents; and

(iv) A listing of offeror’s subcontractors and /or teaming partners that the offeror historically uses when involved in contracts of this type.

(v) Offeror shall submit corporate evidence that they have the applicable licenses and certification to perform the required tasks as listed within the Performance Work Statement.

b. TAB B – Combined Synopsis/Solicitation. Failure to completely fill out CLIN Pricing

Schedule and Exhibit A with your quote pricing will result in a non-responsive quote and will be eliminated from award consideration.

c. TAB C – Representations, Certifications, and Other Statement of Offerors.

The offeror shall ensure that their business has completed their online Representations and

Certifications at the System and Awards management (SAM) website which may be found at https://www.sam.gov/portal/public/SAM// . It is the Offeror’s responsibility to ensure that the information provided in each certification/representation is completed truthfully and completely.

Failure of the Offeror to complete their online certification/representation prior to the close of the

RFQ (to include listing of the applicable NAICS code or applicable size standard) will result in their quote being deemed non-responsive and eliminated from consideration of the award.

Additionally, please return the following Reps and Certs as part of the Quote content as provided. These may be filled out manually or the offeror may provide a printed version as listed within their SAM registration:

(1) Complete and submit 52.209-5

(2) Complete and submit 52.212-3

(3) Complete and submit 52.219-1

(4) Complete and submit 52.219-28

2. QUOTE EVALUATIONS

2.1. In accordance with FAR 13.106-2 and FAR 15.305, the following evaluation factors shall determine the lowest priced, technically acceptable quote:

A. Price – Offeror shall have completely filled SF 1449 CLIN of the RFQ and Exhibit A in its entirety. Please refer to paragraph 1, OUOTE SUBMISSION, PREPARATION

INSTRUCTIONS, AND CONTENT as it pertains to mistakes and omissions in the offeror’s quote. When contracting on a firm-fixed price, comparison of the proposed prices will usually satisfy the requirement to perform a price analysis, and a cost analysis need not be performed. In limited situations, a cost analysis may be appropriate to establish reasonableness of the otherwise successful offeror’s price.

https://www.sam.gov/portal/public/SAM/

B. Technical Evaluation – Corporate evidence is provided in TAB A that clearly shows that the offeror has the required licenses and certifications to perform the required tasks as listed in the

Performance Work Statement. Failure to provide the evidence shall remove the offeror from competition and deemed as non-responsive. TAB C of the offeror’s printed SAM Reps and Certs clearly show that the offeror is eligible to receive the award based on their Small Business Size

Status for the NAICS listed.

C. Past performance Evaluation – the offeror is not currently barred or ant derogatory information contained within the Government wide Past performance Information Retrieval

System (PPIRS) is found. Any offeror that is barred from doing business with the government will be deemed as non-responsible.

CLN PRICING SCHEDULE

ITEM NO SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE EST. AMOUNT

0001 1 Each

CONTRACT MANPOWER REPORT(CMR)

FP-EPA

Contractor Manpower Reporting - Base Year (Fiscal Year 2019)

Contractors may enter reports at any time during the reporting period, which is defined as a contract period of performance, not to exceed 12 months, and ending

30 September of each Government fiscal year. Reporting must be completed no later than 31 October following the fiscal year during which the contract performance occurs. Reporting shall be completed for each year or part of a year for which the contract is in place. Lack of reporting will result in withholding of total invoice payment until reporting is complete in the Contract Management

Reporting database. Contractor(s) will receive immediate email confirmation when they input their data into the Contractor Manpower Reporting system.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011274449

PSC CD: F001

EST. NET AMT

UNIT UNIT PRICE EST. AMOUNT

0002 2,617 Acre

Tank Gunnery Ranges

FP-EPA

Pricing for individual Task Orders shall be from Exhibit-A, Contractor Price

Schedule

Refer to Section C-PWS and Attachment #1, 2, 3 for Map Reference.

UNIT UNIT PRICE EST. AMOUNT

0003 1,000 Acre

Noxious Weed Control

FP-EPA

Refer to Section C-PWS, Para C.5.3.2 SERICEA LESPEDEZA CONTROL.

UNIT UNIT PRICE EST. AMOUNT

0004 1 Job

Miscellaneous Work

FP-EPA

Contractor shall aerial spray the designated areas for specific non-desirable vegetation within the timeframe provided by the Government. Est: 1000 acres

Refer to Section C-PWS, Para C.5.3.3 MISCELLANEOUS

UNIT UNIT PRICE EST. AMOUNT

1001 1 Each

OPTION CONTRACT MANPOWER REPORT(CMR)

Contractor Manpower Reporting - Option Year 1 (Fiscal Year 2020)

Contractor will be paid upon submission of report and provision of proof of said submission, in a manner to be determined by the Government. (See mandatory

Contract Manpower clause and Section C-PWS, Section C.5.6 Contractor

Manpower Reporting)

FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

1002 2,617 Acre

OPTION Tank Gunnery Ranges

FP-EPA

This CLIN is subject to Economic Price Adjustment IAW FAR Clause 52.216-4.

The EPA for Fuel and Dicamba will be applied to unit price IAW instructions enclosed in Solicitation and Attachment A.

FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

1003 1,000 Acre

OPTION Noxious Weed Control

FP-EPA

The EPA for Fuel will be applied to unit price IAW instructions enclosed in Solicitation and Attachment A.

Refer to Section C-PWS, Para C.5.3.2 SERICEA LESPEDEZA CONTROL

FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

1004 1 Job

OPTION Miscellaneous Work

FP-EPA

Miscellaneous Work

Refer to Section C-PWS, Para C.5.3.3 MISCELLANEOUS WORK

UNIT UNIT PRICE EST. AMOUNT

2001 1 Each

OPTION CONTRACT MANPOWER REPORT(CMR)

Contractor Manpower Reporting - Option Year 2 (Fiscal Year 2021)

Contract Manpower clause and Section C-PWS, Section C.5.6 Contractor

Manpower Reporting)

FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

2002 2,617 Acre

OPTION Tank Gunnery Ranges

FP-EPA

enclosed in Solicitation and Attachment A.

FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

2003 1,000 Acre

OPTION Noxious Weed Control

FP-EPA

The EPA for Fuel will be applied to unit price IAW instructions enclosed in Solicitation and Attachment A.

Refer to Section C-PWS, Para C.5.3.2 SERICEA LESPEDEZA CONTROL

FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

2004 1 Job

OPTION Miscellaneous Work

FP-EPA

Miscellaneous Work

Refer to Section C-PWS, Para C.5.3.3 MISCELLANEOUS WORK

UNIT UNIT PRICE EST. AMOUNT

3001 1 Each

OPTION CONTRACT MANPOWER REPORT(CMR)

Contractor Manpower Reporting - Option Year 3 (Fiscal Year 2022)

Contract Manpower clause and Section C-PWS, Section C.5.6 Contractor

Manpower Reporting)

FOB: Destination

UNIT UNIT PRICE EST. AMOUNT

3002 2,617 Acre

OPTION Tank Gunnery Ranges

FP-EPA

enclosed in Solicitation and Attachment A.

Refer to Section C-PWS and Technical Exhibit #1, 2, 3 for Map Reference

UNIT UNIT PRICE EST. AMOUNT

3003 1,000 Acre

OPTION Noxious Weed Control

FP-EPA

The EPA for Fuel will be applied to unit price IAW instructions enclosed in

Solicitation and Attachment A.

Refer to Section C-PWS, Para C.5.3.2 SERICEA LESPEDEZA CONTROL

UNIT UNIT PRICE EST. AMOUNT

3004 1 Job

OPTION Miscellaneous Work

FP-EPA

Miscellaneous Work

Refer to Section C-PWS, Para C.5.3.3 MISCELLANEOUS WORK.

UNIT UNIT PRICE EST. AMOUNT

3005 1 Each

OPTION CONTRACT MANPOWER REPORT (CMR)

Contractor Manpower Reporting - End of Option Year 3 (Fiscal Year 2023)

Contract Manpower clause and Section C-PWS, Section C.5.6 Contractor

Manpower Reporting)

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government N/A Government

0002 Destination Government N/A Government

0003 Destination Government N/A Government

0004 Destination Government N/A Government

1001 Destination Government N/A Government

1002 Destination Government N/A Government

1003 Destination Government N/A Government

1004 Destination Government N/A Government

2001 Destination Government N/A Government

2002 Destination Government N/A Government

2003 Destination Government N/A Government

2004 Destination Government N/A Government

3001 Destination Government N/A Government

3002 Destination Government N/A Government

3003 Destination Government N/A Government

3004 Destination Government N/A Government

3005 Destination Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2019 TO

30-SEP-2019

N/A DIRECTORATE OF PUBLIC WORKS -

FORT RILEY

JEROLD SPOHN

407 PERSHING STREET

FORT RILEY KS 66442

(785) 239-2006

W81NEE

0002 POP 01-APR-2019 TO

31-MAR-2020

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-OCT-2019 TO

30-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-APR-2020 TO

31-MAR-2021

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2020 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-APR-2021 TO

31-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-APR-2022 TO

31-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-OCT-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

EPA INSTRUCTIONS

EPA INSTRUCTIONS: Adjustments to Contractor’s Unit Prices for Option Years

Economic price adjustment for changes in Fuel and Dicamba market pricing will be made in accordance with FAR52.216-4 and DFARs PGI 216.2 and instructions provided here. The price used to calculate Economic Price Adjustment (EPA) will be the Base prices at time of award for CLINs affected by EPA. Pricing for option periods of CLINs on Attachment A, Price Schedule, shall be performed by as follows:

CLINs 1002, 2002, 3002 (Ranges) will be adjusted using Avgas pricing at Manhattan

Regional Airport http://www.airnav.com/fuel/local.html for Self Service(SS) fuel price per gallon and Dicamba pricing quoted by Van Diest Supply Company http://www.vdsc.com/locations/dist_ctrs/abilene.aspx (Abilene # 785-263-2664, http://www.airnav.com/fuel/local.html http://www.airnav.com/fuel/local.html http://www.vdsc.com/locations/dist_ctrs/abilene.aspx http://www.vdsc.com/locations/dist_ctrs/abilene.aspx email abilene@vdsc.com) for Dicamba price per gallon. Any adjustment to the unit price as a result in a change to fuel pricing will be determined by applying the fuel change to 20% of the unit price, regardless of aircraft utilized. Any adjustment to the unit price as a result of change in price of Dicamba will be determined by applying the Dicamba change to the entire unit price. Option Year adjustments to Ranges unit pricing will be modified into the contract from 1 to 4 weeks prior to issuance of task orders for Range Spraying (anticipated timeframe August).

CLINs 1003, 2003, 3003 (Noxious Weeds) will be adjusted using AvGas SS pricing at Manhattan Regional Airport for fuel price per gallon only. Any adjustment to the unit price as a result in a change to fuel pricing will be determined by applying the fuel change to 20% of the unit price, regardless of aircraft utilized. Option Year adjustments to Noxious Weeds unit pricing will be modified into the contract from 1 to 4 weeks prior to the issuance of a task order for Noxious Weed Spraying

(anticipated timeframe April).

The contractor is not required to purchase Fuel at Manhattan Regional Airport or to purchase Dicamba from Van Diest Supply Company. These are simply indexes used to reflect actual changes to market pricing annually.

Explanation of Calculations:

• G = Price per gallon of SS Avgas at Manhattan Regional Airport, Manhattan, KS.

The Base Year price used for calculations of economic price adjustments in the Option Years will be $4.99(price at time of award) per gallon.

• D = Price per acre of Dicamba at Van Diest Supply Company, Salina, KS. The Base Year price used for calculations of economic price adjustments in the Option Years is $63.94(price at time of award) per gallon. Weight per active ingredient per gallon of Dicamba is four pounds to the gallon. IAW with PWS requirements, application of Dicamba is 1/2 pound per acre and one gallon treats 8 acres. .

The Base Year price used for calculations of economic price adjustments in the Option Years will therefore be $63.94/8 per gallon = $7.99/acre.

• FG = Change Factor Fuel. Round to 2 decimal places. FD = Change Factor Decambia. Round to 2 decimal places.

Steps to Calculations and Example: (Example utilizes a $10.50 unit price for CLIN

0002, a

$13.50 unit price for CLIN 0003, an Option Year fuel price of $5.15/gallon and an

Option Year Dicamba price of $9.85/acre. These prices are used for example only in order to facilitate explanation of the EPA application.

1. Determine the FG ratio (percent of change in fuel pricing).

Option Year price of fuel per gallon as reflected prior to Task Order issuance/

Base price of fuel per gallon ($4.99)

Example: FG ratio = ($5.15)/$4.99) - 1 =.032 (percent of change)

2. Determine FG dollar amount for CLINs 1002 and 1003 and Option Years as exercised.

Unit Price x 20% = amount of unit price applicable to fuel adjustment. Amount of unit price applicable to adjustment x FG ratio = FG dollar amount of adjustment.

Example: Base Year Unit Price CLIN 0002 is $10.50 x 20% = $ 2.10. $2.10 x

.032 = $ .07 increase (FG).

Example: Base Year Unit Price CLIN 0003 is $13.50 x 20% = $ 2.70. $2.70 x

.032 = $ .09 increase (FG)

3. Determine the FD dollar amount for Dicamba adjustment for CLIN 1002 and Option Years as exercised.

Option Year price of Dicamba per acre as quoted prior Task Order issuance -

Base price of Dicamba per acre ($7.99)

Example: FD = ($9.85 - $7.99) = $1.86 increase in Dicamba price per acre

(FD).

4. Determine the New Unit Price for CLIN 1002 (or Option Years as exercised).

Base Unit Price + FD + FG = New Unit Price

Example: $10.50 + $.07 + $1.86 = $12.43/acre Unit Price for CLIN 1002

5. Determine the New Unit Price for CLIN 1003 (or Option Years as exercised).

Base Unit Price + FG = New Unit Price

Example: $13.50 + $.09 = $13.59/acre Unit Price for CLIN 1003

FT RILEY DELIVERY INFORMATION

Effective immediately all commercial vehicles delivery access is restricted to the 12th Street and Estes Access

Control Points (ACP). Cargo and/or load carrying vehicles one (1) ton and above are directed to access Fort Riley

Installation by using one (1) of these designated ACP.

12th STREET ACP: The 12th Street ACP can be accessed from Interstate I-70, take Exit 303, head North direction and take the 12th Street Exit. The 12th Street ACP can also be accessed from KS Highway 18 North of the Kansas

River Bridge. The 12th Street ACP is open from 5:00 a.m. to 7:00 p.m. (CST) Monday through Friday.

12th Street Gate will have inbound commercial vehicle lanes only. Outbound traffic at 12th Street Gate will not be authorized

ESTES ACP: The Estes ACP can be accessed from Interstate I-70, take Exit 295 and head North on US

Highway77, exit on Old Highway-77, and take Estes road onto the access control point. Estes ACP can also be accessed from US Highway-77.

Estes Gate will be open 24 hours a day. Commercial traffic at Estes are required to have an access pass or badge PRIOR to using the gate.

(a) Commercial vehicle driver(s) and/or passenger(s) must complete a successful National Crime Information

Center Interstate Identification Index (NCIC III) background check to enter the installation and issued either a Fort

Riley visitor pass or Fort Riley access badge.

NOTE 1: All instructions and procedures listed above are subject to change with little or no notice.

NOTE 2:

A pre-registration form [FR Form 103 Feb 2015] is available as .DPF download @ http://www.riley.army.mil/Portals/0/Docs/Services/RileyServices/EmergencySvcs/FRfm103ReqAccessPass.pdf

The form can be filled-out at any time and turned-in at the 12th Street ACP.

(b) Commercial vehicle driver(s) must possess a valid state-issued driver’s license, state vehicle registration and proof of insurance for the commercial vehicle they are operating.

(c) Commercial deliveries shall have a bill of lading or delivery invoice, Contract Number, delivery address, contact’s name and phone number.

(d) Fort Riley badges and/or visitor passes for all commercial vehicles are available at the 12th Street ACP.

(e) For questions pertaining to the Fort Riley access control procedures, call Directorate of Emergency Services, Security Branch @ (785) 239-3138.

Commercial vehicle deliveries are accepted between 5:00 a.m. to 7:00 p.m. (CST) Monday through Friday and 8:00 a.m. to 5:00 p.m. (CST) on Saturdays. The 12th Street ACP is closed at 7:00 p.m. and closed on weekends and federal holidays. The Estes ACP is open 24 hours a day. The installation does not provide overnight parking. All deliveries must be accepted and off loaded the same day.

Reporting Suspicious Activity: The iWATCH is an Army wide initiative aimed at promoting heightened awareness and vigilance against terrorism. It is the Contractor’s responsibility to report any suspicious activity to the Fort Riley

Police Department @ (785) 239-6767, or Antiterrorism Office @ (785) 239-6303/6044. For additional information go to: http://www.riley.army.mil/Community/iWATCH.aspx.

Fort Riley Directorate of Emergency Services retains the right to refuse entry to the installation. Refusal of entry shall not relieve the prime contracted vendor from its responsibility to deliver as agreed to, or there be an additional cost to the Government resulting from refused entry.

For Fort Riley advisories, daily traffic update and other access control points hours of operations, go to:

http://www.riley.army.mil/AboutUs/Advisories.aspx

INSTRUCTIONS

1. EMERGENCY MEDICAL TREATMENT

Emergency medical treatment will be provided by Irwin Army Community Hospital (IACH) Fort Riley in order to prevent undue suffering or loss of life. Emergencies will be treated only during the period of emergency and appropriate action will be taken to discharge or transfer such patients as soon as the emergency period ends.

Charges for medical care will be at the prevailing rate and at the Contractor's expense.

NOTE: Use of Cell Phone is authorized to dial 911 for emergency services while on Fort Riley. Use land line or cell phone to dial (785) 239-6767.

2. FIRE PROTECTION AND PREVENTION

The Contractor shall comply with all fire prevention measures prescribed in the installation's Fire Protection

Regulations which are in or may be put into effect during the course of performance of work under the contract.

Copies of the aforementioned fire regulations are on file in the office of the Contracting Officer or his designated representative. The Contractor shall be liable for loss of Government property attributable to negligent or willful misconduct of the Contractor or his employees, including failure to comply with the fire prevention measures prescribed in the aforementioned regulations. The Contractor or his responsible employees shall be required to make a thorough inspection at the close of operations in each building where work under the terms of the contract has been accomplished to determine that all necessary safeguards relative to probable fire hazards are in effect. The

Contractor shall familiarize his employees engaged in work under the contract with the aforementioned fire regulations, location of fire hazards and reporting procedures. The Fire Chief of the installation may be contacted for any additional information or clarification on fire prevention and protection matters.

3. IDENTIFICATION BADGES

http://www.riley.army.mil/AboutUs/Advisories.aspx

Contractor personnel shall wear identification badges (3” x 5”) while on the job. Badges shall be provided by the

Contractor at its own expense and shall contain at the minimum the following: Photograph of Employee; Name of

Employee; Name of Contractor; Phone# of Contractor; and Contract Number.

4. NORMAL WORKING HOURS

4 .1 The Contractor shall schedule his working hours to coincide with the working hours of the military reservation, a normal 5-day, 40 hour week, Monday through Friday, Federal holidays excepted. The COR will determine actual application days Normal work hours are from 7:30 a.m. through 4:30 p.m. The following legal holidays are observed:

New Year's Day Labor Day

Martin Luther King's Birthday Columbus Day

Presidents' Day Veterans' Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

4.2 When one of the above holidays falls on a Sunday, the following Monday will be observed as a legal holiday, and when the holiday falls on a Saturday, the preceding Friday is observed as a holiday by Government agencies.

Contractors are also requested to not schedule work on the day before Christmas and the day before New Year's

Day.

5. REQUIRED INSURANCE. Reference FAR Clause 52.228-5 Insurance--Work on a Government Installation.

5.1 Before commencing on-site operations (or within 10 days of award or receipt of notice to proceed), the

Contractor shall provide the Contracting Officer evidence (i.e. Certificate Of Liability Insurance) of the following minimum insurance coverage as required by FAR 28.307-2 Liability.

5.1.1 Statutory worker's compensation and employer's liability insurance (as applicable): $100,000 or as prescribed by The State of Kansas, whichever is greater.

5.1.2 General liability – At minimum, bodily injury liability insurance in the amount of $500,000 per occurrence.

5.1.3 Automobile liability (comprehensive): At a minimum, $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. Bodily injury liability and property damage liability shall cover the operation of all automobiles, trucks, vehicles and other mobile equipment used in connection with the performance of the contract.

5.2 Insurance coverage shall be maintained continuously throughout the entire contract performance period, including any exercised options. All subcontracts shall provide the same coverage under the same terms. The

Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request. All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the Contractor provides written notice of the cancellation or change in coverage to the Contracting Officer at least 30 days prior to the cancellation/change taking affect, signed by the Contractor’s insurance carrier. When the coverage is provided by self-insurance, the contractor shall not change or decrease the coverage without the

Contracting Officer's prior approval in accordance with FAR 28.308(c).

6. COMPLIANCE WITH IMMIGRATION LAWS

6.1. The Contractor shall warrant that, in the performance of its obligation under this Agreement, that all goods and/or services to be furnished hereunder will be manufactured and/or furnished by the Contractor and/or its subcontractors in compliance with all applicable Federal, state and local laws, executive orders, rules and regulations. These include, but are not limited to, the immigration laws of the United States. Contractor’s employees shall be citizens of the United States, or shall be resident aliens with appropriate permissions and documentation to work in the United States.

6.2. The Contractor shall indemnify and hold the Government harmless to the full extent of any loss, damage, or expense incurred by the Government resulting from violation by the Contractor or its lower tier subcontractors of any federal, state, or local law or regulation.

6.3. Delay resulting from violation will not be considered excusable delay as provided for elsewhere in this agreement. Delay resulting from violation shall not relieve the Contractor from their responsibility to deliver as agreed to. Corrective actions shall not result in additional cost to the Government. Where correction of goods or services will not satisfy the Government requirement, consideration shall be provided to the Government.

7. POLLUTION PREVENTION ACT CLAUSE, FORT RILEY LOCAL, 15 DECEMBER 2005

7.1. Contractors must comply with Public law 101-508, 5 November 1990 (PPA pf 1990) and the Fort Riley, Environmental Management Plan (EMP). Compliance with the PPA and EMP requires the following of Contractors to:

7.2. Prevent or reduce pollution at the source whenever feasible (i.e., limit quantity and toxicity of material(s) used).

7.3. Recycle in an environmentally safe manner, whenever feasible (e.g., filtration and reuse of solvents, recycle antifreeze and oil etc.). Contractors may present a company letter or recycle records to satisfy requirement.

7.4. Comply with the Fort Riley Environmental Management Plan (EMP) and other site-specific plans regarding recycling of materials and handling of wastes.

7.5. Coordinate the sampling of wastes generated on Fort Riley by contacting the Hazardous Waste Program

Coordinator at least 60 days prior to the anticipated turn-in date to the Defense Reutilization and Marketing Office

(DRMO) or transporting the waste off Fort Riley.

7.6. Ensure proper disposal of wastes generated on Fort Riley that otherwise cannot be reused, recycled, or treated in accordance with applicable laws and regulations.

(i) Long-term contractors, and short-term contractors, generating 550 gallons or less of controlled materials and industrial, universal, or hazardous waste per quarter, must turn in their controlled materials and waste to DRMO according to the guidelines contained in the EMP. Turn-in document numbers can be obtained from the directorate responsible for the contract.

(ii) Short-term contractors, generating more than 550 gallons of controlled and industrial, universal, or hazardous waste per quarter, must arrange for disposal off-site in accordance with applicable laws and regulations. The Environmental Division, Hazardous Waste Program Coordinator must approve and sign profile sheets, manifests, and land disposal restriction notifications. The contractor must obtain any special disposal permits.

7.7. Obtain approval from the Environmental Division’s Solid Waste Program Coordinator prior to disposing construction-related waste in Fort Riley’s Construction/Demolition Debris C/D Landfill must be disposed as industrial waste.

7.8 Dispose of Wastes that cannot be reused, recycled, or treated in accordance with all applicable laws and regulations.

8. RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

8.1. The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services, and the parties recognize and agree that no employer-employee or master servant relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor's personnel. The Contractor personnel shall be responsible, not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the

Government.

8.2. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of a

Federal Officer, military or civilian, in connection with performance under this contract.

8.3. Rules, regulations, directives, and requirements which are issued during the contract term by Department of

Army and local Provost Marshal activities under their responsibility for law and order, administration and security on the installation shall be applicable to all contractor personnel or representatives who enter the installation, or who travel on Government transportation. This requirement shall not be construed or interpreted to establish any degree of Government control which is consistent with the intent of a personal services contract. Contractor personnel or representatives shall be subject to such checks as may be deemed necessary to assure that their presence on the installation does not violate these requirements. No employee will be permitted on the installation when such a check reveals that his presence would be detrimental to the security of the installation or the accomplishment of work. When directed by the Contracting Officer, the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of misconduct or breaches of security in connection with his or her employment. Removal of an employee does not relieve the Contractor of his responsibility to perform the requirements specified within this contract. In other instances, the Contractor shall take appropriate personnel action as required in the event of employee misconduct in connection with his or her employment.

8.4. The services to be performed under this contract shall not require the Contractor or his employee to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

8.5. Contractor and Contractor personnel shall not be considered employees of the Federal Government and shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2018

52.212-2 Evaluation - Commercial Items OCT 2014

52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (OCT 2018) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.216-4 Economic Price Adjustment-Labor and Material JAN 2017

52.216-19 Order Limitations OCT 1995

52.217-3 Evaluation Exclusive Of Options APR 1984

52.217-5 Evaluation Of Options JUL 1990

52.219-1 Alt I Small Business Program Representations (Sept 2015)

Alternate I

SEP 2015

52.219-8 Utilization of Small Business Concerns OCT 2018

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017

52.223-1 Biobased Product Certification MAY 2012

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

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

252.203-7003 Agency Office of the Inspector General DEC 2012

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.246-7000 Material Inspection And Receiving Report MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(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 $3,500 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 non responsible.

(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)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(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;

https://www.sam.gov/ https://www.sam.gov/

(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-d…