W911S2-16-B-8001.pdf

TITLE: ROOFING REQUIREMENT:

BIDS ARE DUE NO LATER THAN 2:00 p.m. EST, 09 August 2016 and are to be submitted on COMPACT DISK (CD). NO PAPER COPY BIDS, EMAIL SUBMISSIONS, OR THUMBDRIVE SUBMISSIONS WILL BE ACCEPTED. Bids, bid amendments (if applicable) and other required documents must be submitted as specif ied in Paragraph 7, Section 100, of this solicitation.

For each item offered on the Detailed Pricing Schedule (Attachment 1), Bidders shall enter unit prices only in the Excel format provided. The extended price of each item offered in the "Estimated Amount" column, as w ell as the totals, are calculated automatically. Bidders shall complete the Detailed Pricing Schedule as indicated in the Notes located at the bottom of the schedule.

NOTE: The Contractor shall complete performance IAW the time specif ied in each Task Order.

X

SGT GUNTER, EMILY B.

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

08-Jul-2016

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

MICC

31 QUARTERMASTER ROAD

FORT DRUM NY 13602-5220

W911S2

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W911S2-16-B-8001 56

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W911S2-16-B-8001

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 Job Roofing Requirements

FFP

The Contractor shall provide all supervision, plant, labor, equipment, materials and appliances necessary to perform all operations in connection with the repair and replacement of existing roofs on various building structures located at Fort Drum, in accordance with the Statement of Work, specifications and drawings, and subject to the terms and conditions of the Contract, from the date of contract award throughout the 60-month ordering period.

FOB: Destination

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 Job Performance and Payment Bonds

FFP

Performance and Payment bonds are required in the penal sum established by each

Task Order. For orders over $150,000.00, Performance and Payment Bonds shall be equal to 100% of the price of the Task Order. For orders exceeding $35,000.00, but not greater than $150,000.00, Contractor shall furnish a Payment Bond or an

Irrevocable Letter of Credit (ILC). Bond(s)/ILC shall be due within 10 calendar days of Task Order award, as indicated in Box 12A and 12B of the solicitation.

UNIT UNIT PRICE ESTIMATED AMOUNT

7500 Job Contractor Manpower Reporting

FFP

This CLIN is not separately Priced (NSP). The Contractor must provide all of the information requested and in required format, using the following web address http://www.ecmra.mil for the purpose of capturing Contractor and Subcontractor manpower hours utilized during the performance of this Contract. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. Contractors filing their Contractor Manpower Reports will receive immediate e-mail confirmation that their reports have been received in the system. Proof of completion shall be uploaded into Wide Area Work Flow with the last invoice of the reporting period to facilitate contract payment. The CMR reporting period is from the date of award - 30 September 2016 and shall be completed no later than 31 October 2016. Information the Contractor will need to complete reporting:

UIC: W0XQAA

COMMAND: IMCOM

PSC: Y1QA

UNIT UNIT PRICE ESTIMATED AMOUNT

7501 Job Contractor Manpower Reporting

FFP

This CLIN is not separately Priced (NSP). The Contractor must provide all of the information requested and in required format, using the following web address http://www.ecmra.mil for the purpose of capturing Contractor and Subcontractor manpower hours utilized during the performance of this Contract. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. Contractors filing their Contractor Manpower Reports will receive immediate e-mail confirmation that their reports have been received in the system. Proof of completion shall be uploaded into Wide Area Work Flow with the last invoice of the reporting period to facilitate contract payment. The CMR reporting period is from 1 October 2016 - 30 September 2017 and shall be completed no later than 31 October 2017. Information the Contractor will need to complete reporting:

UIC: W0XQAA

COMMAND: IMCOM

UNIT UNIT PRICE ESTIMATED AMOUNT

7502 Job Contractor Manpower Reporting

FFP

This CLIN is not separately Priced (NSP). The Contractor must provide all of the information requested and in required format, using the following web address http://www.ecmra.mil for the purpose of capturing Contractor and Subcontractor manpower hours utilized during the performance of this Contract. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. Contractors filing their Contractor Manpower Reports will receive immediate e-mail confirmation that their reports have been received in the system. Proof of completion shall be uploaded into Wide Area Work Flow with the last invoice of the reporting period to facilitate contract payment. The CMR reporting period is from 1 October 2017 - 30 September 2018 and shall be completed no later than 31 October 2018. Information the Contractor will need to complete reporting:

UIC: W0XQAA

COMMAND: IMCOM

UNIT UNIT PRICE ESTIMATED AMOUNT

7503 Job Contractor Manpower Reporting

FFP

This CLIN is not separately Priced (NSP). The Contractor must provide all of the information requested and in required format, using the following web address http://www.ecmra.mil for the purpose of capturing Contractor and Subcontractor manpower hours utilized during the performance of this Contract. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. Contractors filing their Contractor Manpower Reports will receive immediate e-mail confirmation that their reports have been received in the system. Proof of completion shall be uploaded into Wide Area Work Flow with the last invoice of the reporting period to facilitate contract payment. The CMR reporting period is from 1 October 2018 - 30 September 2019 and shall be completed no later than 31 October 2019. Information the Contractor will need to complete reporting:

UIC: W0XQAA

COMMAND: IMCOM

UNIT UNIT PRICE ESTIMATED AMOUNT

7504 Job Contractor Manpower Reporting

FFP

This CLIN is not separately Priced (NSP). The Contractor must provide all of the information requested and in required format, using the following web address http://www.ecmra.mil for the purpose of capturing Contractor and Subcontractor manpower hours utilized during the performance of this Contract. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. Contractors filing their Contractor Manpower Reports will receive immediate e-mail confirmation that their reports have been received in the system. Proof of completion shall be uploaded into Wide Area Work Flow with the last invoice of the reporting period to facilitate contract payment. The CMR reporting period is from 1 October 2019 - 30 September 2020 and shall be completed no later than 31 October 2020. Information the Contractor will need to complete reporting:

UIC: W0XQAA

COMMAND: IMCOM

UNIT UNIT PRICE ESTIMATED AMOUNT

7505 Job Contractor Manpower Reporting

FFP

This CLIN is not separately Priced (NSP). The Contractor must provide all of the information requested and in required format, using the following web address http://www.ecmra.mil for the purpose of capturing Contractor and Subcontractor manpower hours utilized during the performance of this Contract. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. Contractors filing their Contractor Manpower Reports will receive immediate e-mail confirmation that their reports have been received in the system. Proof of completion shall be uploaded into Wide Area Work Flow with the last invoice of the reporting period to facilitate contract payment. The CMR reporting period is from 1 October 2020 - 30 September 2021 and shall be completed no later than 31 October 2021. Information the Contractor will need to complete reporting:

UIC: W0XQAA

COMMAND: IMCOM

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Detailed Pricing Schedule 1 13-JUN-2016

Attachment 2 Davis Bacon Wage Decision 6 17-JUN-2016

Attachment 3 CDRLs D001-D004 2 13-JUN-2016

Attachment 4 CDRLs D005-D008 2 13-JUN-2016

Attachment 5 CDRLs D009-D012 2 13-JUN-2016

Attachment 6 AIA Document G702/703 2 13-JUN-2016

Attachment 7 IMDR-ES Form 2 2 01-JAN-2016

Attachment 8 PWE Drawing Sheet 2 13-JUN-2016

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1. MAGNITUDE OF PROJECT: The magnitude of construction for the entire 60-month contract ordering period is between $5,000,000.00 and $10,000,000.00 IAW FAR 36.204(g).

2. COMPETITION: This acquisition is 100% Set-Aside for Service Disabled Veteran Owned Small Business

(SDVOSB) concerns pursuant to the requirements of of FAR Subpart 19.502-2 – Total Small Business Set-Asides.

3. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS): The NAICS Code for this acquisition is 238160, Roofing Contractors. The Size Standard is $$15,000,000.00.

4. LIQUIDATED DAMAGES: See Section 00700, FAR clause 52.211-12 -- Liquidated Damages –

Construction.

5. EXPLANATION TO PROSPECTIVE BIDDERS: See Section 00100, FAR Provision 52.214-6 --

Explanation to Prospective Bidders, for information on explanations or interpretations.

6. BID GUARANTEE: A bid guarantee is REQUIRED and must be submitted with the bid (see Section 00700, FAR clause 52.228-1 -- Bid Guarantee). Failure to submit a bid guarantee in accordance with FAR clause

52.228-1 may render the bid non-responsive pursuant to FAR 14.301(a), Responsiveness of Bids, and NOT eligible for award.

7. BIDS: All bids must be RECEIVED on COMPACT DISK (CD) prior to the bid due date and time in Box 10 of this solicitation (1st page). NO PAPER COPY BIDS, EMAIL SUBMISSIONS, or THUMBDRIVE

SUBMISSIONS WILL BE ACCEPTED. The Invitation for Bid (IFB) contains provisions and other items required to be completed by the bidder and returned with its bid. Failure to provide this information with the bid may render the bid nonresponsive and not eligible for award. Bids will be opened and read at the Mission and

Installation Contracting Command, 31 Quartermaster Road, Fort Drum, New York, at 2:00 pm EST on 09 August

2016.

8. SOLICITATION PROVISIONS: This solicitation contains provisions and other items required to be completed electronically by the bidder (see paragraph 9, System for Award Management). Some provisions and other items required are not available online and must be completed by the bidder and returned with its bid in electronic format. Failure to provide this information may render the bidder non-responsive (see Sections

00600 and 00700).

9. SYSTEM FOR AWARD MANAGEMENT (SAM): To be eligible for award of a Department of Defense

(DoD) contract, Contractor registration in the SAM database is required (see FAR clause 52.204-7, System for

Award Management). The information contained within the interested bidder's record must be current (see FAR clause 52.204-13, System for Award Management Maintenance). Failure to register with SAM shall make the

Contractor ineligible for award. Register electronically for free by accessing the on-line SAM registration from the following website address: https://www.sam.gov.

10. CONSTRUCTION WAGE RATE REQUIREMENTS: The Davis-Bacon Wage Decision included in

Attachment 2 shall apply to this solicitation and resulting contract (see Section 00700, FAR clauses 52.222-6 –

Construction Wage Rate Requirements and 52.222-13 -- Compliance with Construction Wage Rate

Requirements and Related Regulations for additional information). The wage decision may not contain all positions that are applicable to the features of work in the contract; therefore for any work classifications or positions that are not included, the wage rates must NOT be lower than the lowest skilled rate that is included in the wage decision. Under no circumstances will any resulting contract be modified to increase the contract price solely on adjustments or changes in any wage rates or due to any conformance action, to include a missing classification. The Davis-Bacon Wage Decision included in Attachment 2 shall apply throughout the entire 60 month contract period.

https://www.sam.gov/

11. BIDDER ACCEPTANCE PERIOD: See Standard Form 1442, SOLICITATION, OFFER, AND AWARD, BLOCK 13 D. AND BLOCK 17. Bidders providing less than 120 calendar days for Government acceptance after the date bids are due will not be considered for award and will be rejected. If the bidder would like to provide more than 120 calendar days to be considered, the number of days needs to be inserted in BLOCK 17.

Failure to insert any number in BLOCK 17 means the bidder accepts the minimum in Item 13D.

12. PERFORMANCE AND PAYMENT BONDS: Bidders are reminded of the requirement for performance and payment bonds (see BLOCK 12A of the STANDARD FORM 1442 – SOLICITATION, OFFER, AND

AWARD and Section 00700, FAR clause 52.228-15 -- Performance and Payment Bonds -- Construction).

Performance and Payment Bonds are required in the penal sum established by each Task Order. For orders over $150,000.00, Performance and Payment Bonds shall be equal to 100% of the Task Order price. For orders over $35,000.00, but less than $150,000.00, the Contractor shall furnish a Payment Bond only, or an

Irrevocable Letter of Credit equal to 100% of the Task Order price. * For the purpose of bidding, assume the entire amount of the contract is required.

13. BASIS FOR AWARD: Award shall be made to that responsive and responsible bidder who presents the

Government with the lowest-priced bid.

14. REFERENCES: Bidders are required to provide a list of at least three references wherein the bidder performed the same or similar work as that being sought under this IFB. At least one Government reference, if available, is requested. References shall include the Company/Agency point of contact, and a phone number/e-mail address.

15. AMENDMENTS: No bidders’ mailing list will be maintained. It is the responsibility of all interested parties wishing to bid on this requirement to monitor the FedBizOpps web page at https://www.fbo.gov/ for any/all amendments to this Solicitation. Failure to respond to an amendment may render the bid to be considered nonresponsiveand thereby rejected.

16. CLARIFICATION OF WORK: It is the responsibility of the Contractor to visit the site of work on each task order to survey the existing conditions and verify all portions of the sork to be done. A site visit will be conducted by the Government for each task order.

17. VETS-4212: Federal Contractors and subcontractors who receive Federal contracts of $150,000.00 or more are required to annually file, no later than September 30th of each year, Form No. VETS-4212 entitled "Federal

Contractor Veterans' Employment Report" with the Department of Labor. In addition, all Federal Contracting

Officers are prohibited from awarding contracts or disbursing funds to Federal contractors or subcontractors that have not submitted a current VETS-4212 Report. For more information on this requirement, see the following website: http://www.dol.gov/vets/vets4212.htm.

18. SOLICITATION QUESTIONS: Questions shall be in writing and e-mailed to emily.b.gunter.mil@mail.mil and cindy.l.mcaleese.civ@mail.mil. Questions concerning this solicitation will be accepted up to 4:00 pm on 22 July

2016. Responses to all questions will be posted on the FedBizOpps web page at https://www.fbo.gov/. Fort Drum does not commit to respond to any questions submitted after 22 July 2016, but will make every attempt to promptly answer all relevant questions.

19. CONTRACTOR MANPOWER REPORTING: Contractor shall provide data on Contractor labor hours

(including subcontractor labor hours) for performance of this contract IAW the Statement of Work (SOW).

Contractors filing their Contractor Manpower Reports will receive immediate e-mail confirmation that their reports have been received in the system. Proof of completion shall be uploaded into Wide Area Work Flow with the last invoice of the reporting period to facilitate final contract payment.

http://www.dol.gov/vets/vets4212.htm

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013

52.214-3 Amendments To Invitations For Bids DEC 1989

52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids MAR 1997

52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.219-2 Equal Low Bids OCT 1995

52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.232-13 Notice Of Progress Payments APR 1984

52.236-27 Site Visit (Construction) FEB 1995

52.252-3 Alterations in Solicitation APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Requirements Contract with Fixed Unit Prices resulting from this solicitation.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

MICC Fort Drum, 31 Quartermaster Road, Fort Drum, NY 13602.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any (48 CFR Chapter) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

Section 00600 - Representations & Certifications

52.203-2 Certificate Of Independent Price Determination APR 1985

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.217-2 Cancellation Under Multiyear Contracts OCT 1997

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-38 Compliance With Veterans' Employment Reporting

Requirements

SEP 2010

52.223-1 Biobased Product Certification MAY 2012

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $15,000,000.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

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 https://www.acquisition.gov/

(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 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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(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 database via https://www.acquisition.gov (see 52.204-7).

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

(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 concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and https://www.acquisition.gov/

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

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

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

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

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

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

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

51 percent of the stock of which is owned by one or more women; and

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

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

United States.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500

(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that--

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ --.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a…