Combined_Synopsis_Solicitation_18-U-6008_Fire_Supression_System.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written a solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95.

1. Solicitation Number: W911S2-18-U-6008

2. Solicitation Issue Date: 9 July 2018

3. Contract Specialist: Michelle Shoshone

4. Quote Due Date/Local Time: 23 July by 1200PM EST. All quotes must be submitted electronically to michelle.l.shoshone.civ@mail.mil by the quote due date above. The email subject field shall contain the solicitation number. The email body shall include the Contractor name, address, phone number, and email address. PAPER COP Y QUOTES

WILL NOT BE ACCEPTED.

5. SITE VISIT: There will be no site visit for this requirement.

6. Questions: All questions shall be in writing and e-mailed to michelle.l.shoshone.civ@mail.mil Questions concerning this solicitation will be accepted up to the Close of Business (1600 EST) on 17 July 2018. Fort Drum does not commit to providing responses to questions submitted after this date; however attempts to answer questions will be made. If needed a solicitation amendment will be posted by 24 July 2018.

7. Issued By:

W911S2

MICC

31 Quartermaster Road Fort Drum, NY 13602

8. This Acquisition is Set Aside 100% for Service-Disabled Veteran-Owned Small Business

Concerns under NAICS Code 561621, size standard of $20.5 Million.

9. Discount Terms:

10. Method of Solicitation: RFQ

11. The Solicitation incorporates by reference FAR 52.203-3, 52.214-4, 52.225-25, 52.228-5, 52.229-3, 52.232-17, 52.232-37, 52.237-2, 52.242-13, and 52.247-21. Addenda are attached.

12. Deliver To:

Fort Drum NY.

mailto:michelle.l.shoshone.civ@mail.mil

13. Contractor/Offeror:

14. Total Price:

15. The Contractor Is Required To Sign This Document And Return 1 Copy To The Issuing Office. The Contractor Agrees To Furnish And Deliver All Items Set Fort Or Otherwise Identified Above And On Any Additional Sheets Subject To The Terms And Conditions Specified Herein. POC for this requirement is Victoria Schermerhorn.

16. Signature of Offeror/Contractor:

17. Name and Title of Signer (Type or Print)

18. Date Signed:

AMOUNT

Perform Fire Suppression Systems Inspect

FFP

FURNISH ALL PLANT, LABOR, MATERIALS, EQUIPMENT AND

APPLIANCES NECESSARY TO PERFORM ALL TASKS: Perform Fire Suppression Systems Inspection and Testing 175 Bldgs in accordance with terms and conditions of the PWS.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011177400

PSC CD: J012

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract Manpower Reporting

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS.

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. This shall be uploaded into Wide Area Work Flow to facilitate final contract payment.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 1 Job http://www.ecmra.mil/

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 7500 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-AUG-2018 TO

14-AUG-2019

N/A PW, BLDG T-91 QUARTERMASTER ROADW8100J

FORT DRUM NY 13602

FOB: Destination

7500 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.214-4 False Statements In Bids APR 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain OCT 2015

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

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.237-2 Protection Of Government Buildings, Equipment, And APR 1984

Vegetation 52.242-13 Bankruptcy JUL 1995 52.247-21 Contractor Liability for Personal Injury and/or Property APR 1984

Damage 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016

Controls 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015

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

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014 Hazardous Materials

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 (Dec 2017)

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.226-7001 Utilization of Indian Organizations and Indian-Owned SEP 2004

Economic Enterprises, and Native Hawaiian Small Business Concerns

252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012 Reports

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

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuingresolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

(5) [Reserved]

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)(Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

(10) [Reserved]

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

(ii) Alternate I (NOV 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

(ii) Alternate I (NOV 2011).

(iii) Alternate II (NOV 2011).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

X (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Nov 2016) of 52.219-9.

X (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

X (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

X (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

X (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

X (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

(45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.

3332).

(56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

X (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter67).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

This statement is for information only.

It is not a Wage Determination.

Employee Class Monetary Wage -- Fringe Benefits (32.6%) Employee Class: 23183 - Electronic Technician Maintenance III Federal Equivalent Rate: $30.50 (WG 12)

Monatery Wage: $30.50 Fringe Benefit: $9.94 Total Wage: $40.44

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuingresolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xvii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm and http://farsite.hill.af.mil/vfdfara.htm

(End of clause)

5152.233-4000 AMC-LEVEL PROTEST PROGRAM (Feb 2014) (LOCAL CLAUSE) http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfdfara.htm

Prior to submitting an agency protest, it is preferable that you first attempt to resolve your concerns with the responsible contracting officer. However, you may also file a protest to the Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 35 calendar days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below.

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or email usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-Level Protest procedures are found at: http://www.amc.army.mil/amc/commandcounsel.html.

If internet access is not available, contact the contracting officer or HQ, AMC to obtain the HQ AMC-Level Protest Procedures.

(End of Clause)

PWS

SECTION 1: PERFORMANCE WORK STATEMENT

PART 1 – GENERAL

1. GENERAL: If there is conflict among any law, regulation, specification, standard, or policy, the most stringent will apply. The following provisions shall apply to the performance of work under thiscontract:

1.1. SCOPE OF WORK: Provide all resources, except Government Furnished Property (GFP), necessary to perform inspection, testing, and maintenance services of various fire alarm and fire suppression systems located on Fort Drum, NY over the period of one year, in accordance with the Performance Work Statement, and subject to the terms and conditions of the contract.

1.2. HOURS OF OPERATION: Contractor operating hours shall be consistent with normal core duty hours of Fort Drum unless otherwise directed by the Contracting Officer (KO) or his designated representative. Normal core duty hours are 7:30 AM - 4:00 PM, Monday through Friday, excluding Government holidays. The Contractor can expect that a portion of the work may be performed outside of these core hours and on weekends or holidays. Certain restrictions apply to designated Physical Training (PT) areas on Fort Drum during PT hours.

1.3. CONTRACTOR PERSONNEL: For the purpose of this contract, the term “Contractor personnel” applies to all Contractor employees, subcontractor employees, or any other person(s) acting for or on behalf of the Contractor to perform work on this contract.

1.3.1. Project Manager: Prior to contract performance, the Contractor shall designate in writing, to the

Contracting Officer, a Project Manager (PM), who shall be responsible for the overall management, coordination, and supervision of the work performed. The PM shall have knowledge of the terms and conditions of the contract.

This PM shall have full authority to act for the Contractor on all contract matters relating to daily operations of this contract. The PM shall be available, by phone, anytime Contractor personnel are performing services on Fort Drum.

mailto:usarmy.redstone.usamc.mbx.protests@mail.mil http://www.amc.army.mil/amc/commandcounsel.html

1.3.2. Contractor Employees:

1.3.2.1. General Qualifications: Contractor employees shall be trained, qualified, certified and/or licensed under the requirements specified in this contract prior to starting work. The Contractor shall maintain records of training qualifications, certifications, and licenses and provide them to the Contracting Officer upon request. The Contractor shall ensure that the employees remain fully qualified to perform work under this contract. The Contractor shall maintain the work force in such a manner as to ensure that the employees remain fully qualified.

The Contractor shall only employ persons able to speak, read, write, and understand English for those positions interacting with Government personnel, and where English is used or essential to provide the product, record, data, information, or service. Contractor personnel shall be physically capable of performing work under all climatic conditions.

1.3.2.2. Specialized Qualifications: The Contractor shall use employees who are certified and trained in the area of work being performed (See section 5.3.3., Contractor Employees).

1.3.3. Employee Conduct: The Contractor shall not allow any employee to perform work who has illegal possession of, or who is under the influence of alcohol or controlled substances. Government rules, regulations, laws, directives, and requirements, which are in place or issued during the contract term shall be applicable to all Contractor employees or representatives who enter the Installation or who travel using Government transportation.

Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Individuals who violate such rules, regulations, laws, directives, or requirements may be denied access to the Installation, either temporarily or permanently. Contractor personnel receiving a driving under the influence (DUI) conviction may be prohibited from driving on the installation.

1.3.4. Employee Appearance: Contractor employees shall be appropriately dressed including any necessary individual protective clothing and equipment.

1.3.5. Personnel Constraints:

1.3.5.1. Conflicts of Interest: The Contractor shall not hire for this contract, any person whose employment would result in a conflict of interest, or employment which is prohibited by Department of Defense Regulation 5500.7-R entitled "Joint Ethics Regulation (JER)", Dated August 30, 1993.

1.3.5.2. Restricted Personnel: The Contractor shall not employ persons for work on this contract if such employee is considered by the Installation Commander or designated representative to be a potential threat to the health, safety, security, general well being, or operational mission of the Installation and its population.

1.3.6. Personnel Background Checks:

1.3.6.1. The Contractor shall screen its employees prior to employment under this UNCLASSIFIED contract and before being authorized access to the military installation/Government facility. The Contractor shall assume all costs involved in this screening. The screening checks will include:

1.3.6.1.1. The Contracting Officer or an appointed representative may request, in writing, a copy of the screening for an employee. If information is found, that presents a conflict with any law or regulation or the terms and conditions of this contract, the Contracting Officer can request in writing that the employee be removed from work under this contract.

1.3.7. Security Badges: Contractor personnel shall wear a distinctive Contractor furnished security (ID) badge readily identifying the individual as a Contractor employee. The badge shall be worn in a conspicuous place at all times when performing work under the contract.

1.3.8. Personnel Safety: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall comply with all applicablefederal, state, local, and Fort Drum laws and regulations including, but not limited to environmental, safety, and occupational health laws and regulations. Except as otherwise stated in the contract, if the Contractor encounters material on the project site reasonably believed to be hazardous (such as ammunitions), the Contractor shall immediately stop work in the affected area and give notice of the condition to the Contracting Officer or designated representative and Range Control (772-7152). Work in the affected area shall not resume without written permission of the Contracting Officer or designated representative.

1.4. SERIOUS ACCIDENT AND INCIDENT REPORTING:

1.4.1. The Contractor shall report serious accidents and incidents incurred while performing work under this contract immediately by the most expeditious means possible but not more than one hour following the accident or incident to the Fort Drum Directorate of Emergency Services, the Safety Office, and Contracting Officer. Serious accidents and incidents include, but are not limited to, those defined in AR 385-10 and AR 190-40 respectively or referenced in other applicable directives. Examples are as follows: One or more lives lost, one or more persons critically injured, three or more persons hospitalized due to one incident, property damage estimated to exceed $2,000, fire causing major damage to structures, equipment, or vehicles, and HAZMAT, hazardous substances, and HAZWASTE incidents.

1.4.2. Record of Injury Form: Immediately after a job-connected injury, the Contractor shall prepare a record of the incident/accident and forward it to the Contracting Officer's Representative (COR). The COR will forward the incident/accident report to the Command Safety Office. If more information is required the Command Safety office will coordinate with the COR for the required information.

1.5. CLAIMS LIABILITY ARTICLE: The Contractor shall indemnify, save harmless, and defend the Government from and against any and all claims, damages, actions, debts, liabilities, and attorneys' fees arising out of or in any manner predicated upon loss of or damage to the property of and injury to or death of any and all persons whatsoever, in any manner caused or contributed to by the Contractor, his agents, servants, employees or subcontractors while in, upon, or about the military installation wherein this work is located, or while going to or departing from the same; and to indemnify and save harmless the Government from, and on account of damage of any kind which the Government may suffer as the result of acts of negligence, fraud or misconduct of any of Contractor's agents, servants, employees, or subcontractors in or about said military installation.

1.6. INSTALLATION ACCESS AND CONTROL:

1.6.1. Installation Access: Entry to the installation requires the following: current vehicle registration, proof of insurance, valid driver's license for the vehicle driver, and picture identification for other personnel.

Contractors/Subcontractors and their employees requiring access to the installation will be required to comply with the installation access control policy/procedures. The Government will not be responsible for damages due to delay/stoppages caused by failure to comply.

1.6.2. Search and Control: Fort Drum is a controlled access post. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Contractor vehicles (Contractor-owned and personal), Contractor employees, and their personal property shall be subject to searches and seizure of contraband and/or unauthorized Government property upon entering or leaving the Installation. The search and seizure provisions of AR 190-16 shall apply to Contractor personnel entering or leaving Fort Drum.

1.6.3. Some areas may be closed due to military training exercises. In the event that an area is closed fortraining, the Contractor shall coordinate with the COR to reschedule/relocate the work to be performed.

1.7. ENVIRONMENTAL COMPLIANCE:

1.7.1. The Contractor shall comply with all Federal, State, and local regulations covering environmental protection. In case of a conflict among these laws and regulations, the most stringent law or regulation shall apply. If a Federal, State, or regulatory agency assesses any fine, penalty, or fee against the Government that is attributable to

Contractor noncompliance with any environmental law or regulation, the Contractor shall indemnify the Government for the amount of the fine and other Government costs attributable to the violation (e.g., the cost of cleaning up a hazardous waste spill). In the event of Contractor noncompliance with any applicable environmental law or regulation, the Contracting Officer will determine whether the Government or the Contractor is responsible for abating or correcting the violation. This provision is not intended in any way to waive the Government’s rights under any other provision of this contract. The Contractor shall fully comply with current and future Fort Drum regulations, plans and changes.

1.7.2. Non-Hazardous Products: In all instances where a product containing non-hazardous components can be substituted for a product with hazardous components, the Contractor shall use the product containing non-hazardous components. Provide information on substitutions to the Contracting Officer.

1.7.3. Fort Drum has implemented an Environmental Management System (EMS) to proactively deal with the environmental impacts of its processes, activities, and services. Fort Drum uses the ISO 14001:2004 as the standard for its EMS. All personnel performing work for or on behalf of Fort Drum must be aware of and understand Fort Drum’s Environmental Policy. Fort Drum offers EMS General Awareness Training in the form of a printed Handout. All Contractors and their employees are required to be made aware of EMS General Awareness Training and have posted EMS handout in the workplace that are available to all employees. Contractors are also responsible for ensuring all subcontractors hired on their behalf receive EMS General Awareness Training handouts and that they are posted at the subcontractor’s site. The Contractor is also responsible to ensure that all goods and services used by the Contractor or any of its subcontractors do not deviate from the installation Environmental Policy, and objectives and targets of the EMS.

1.7.4. Environmental Awareness Information can be found at the following link:

http://www.drum.army.mil/PublicWorks/Pages/nepa.aspx

1.8. TOXIC/HAZARDOUS MATERIAL AND WASTE MANAGEMENT

1.8.1. The Contractor shall have available at each work site where hazardous materials are used and stored, the applicable Material Safety Data Sheets (MSDS). The Contractor shall use the DoD Hazardous Material Information System (HMIS) to research the availability of and to order MSDS. The MSDS shall be readily available to employees and the Contracting Officer or designated representative. The Contractor shall ensure employees are trained in the proper handling of hazardous materials.

1.8.2. The Contractor shall use Contractor-obtained environmentally preferred products for the performance of this contract. The Contractor shall provide the Contracting Officer or designated representative with a listing of hazardous materials, quantities to be used, and copies of applicable MSDS. All hazardous materials shall be stored IAW requirements in the MSDS and Installation Fire, Safety and Environmental regulations.

1.8.3. The Contractor shall cooperate with the Hazardous Materials Control Center to support inventories of hazardous materials IAW the Emergency Planning and Community Right-to-Know Act (EPCRA), 40 CFR 303 ET.

Seq. and AR 200-1. The Contractor shall immediately notify the Contracting Officer or designated representative of any emergency releases of hazardous materials in the format required by EPCRA, 40 CFR 355.40.

1.8.4. If this contract results in generation of hazardous materials/waste, the Contractor shall comply with the

Fort Drum Hazardous Waste Management Plan (HWMP) regarding the use, storage and disposal of generated hazardous wastes. The Contractor shall properly manifest and timely dispose all hazardous waste generated in accordance with New York State Department of Environmental Conservation (NYSDEC) Laws and Regulations.

1.9 REPORTS:

1.9.1. The Contractor shall complete responses in a timely manner to all requirements for reports and requests for information and data, both one-time and recurring.

1.9.2. Contractor Manpower Reporting: The Office of the Assistant Secretary of the Army (Manpower & Reserve http://www.drum.army.mil/PublicWorks/Pages/nepa.aspx

Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor labor (including subcontractor labor) required for performance of services under this contract. The Contractor is required to provide all of the information requested and in the format required, using the following web address https://cmra.army.mil. The requirement is: Data must be entered into the CMR application after completion of each fiscal year (ending 30 September); the deadline to enter data is 31 October.

1.10. QUALITY CONTROL PLAN (QCP): The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. The Contractor shall submit its QCP to the Contracting Officer not later than five calendar days after contract award. The format of the QCP shall be in Microsoft Word on company letterhead.

PWS PART 2: DEFINITIONS AND ACRONYMS

2.1. DEFINITIONS: The definitions set forth below are those unique to this contract. Definitions for technical terms or words that are included in this contract can be found in the technical documents referenced in the individual functional areas of the PWS. The definitions provided below are oriented to Fort Drum’s PWS. In many cases, definitions are specific by situation. The listing of definitions is not all-inclusive, but it has been derived from official publications (e.g., regulations and technical manuals) when available.

Acceptable Quality Level (AQL): The AQL is a designated value (percent) of defective outcomes/service that the Government indicates will be accepted using acceptable sampling techniques and procedures.

Army Regulations (ARs): Publications issued by Department of the Army (DA) which are directive in nature and contain missions, responsibilities, policies and administrative procedures necessary to insure uniform compliance with those policies.

Business Day: Monday through Friday, except for Government recognized holidays and days the Fort Drum installation has been closed for all but emergency business.

Contracting Officer (KO): An individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer's Representative (COR): An individual from the functional activity appointed by the Contracting Officer and delegated specific authority to monitor contract performance and to perform specific contract administration functions.

Contract Discrepancy Report (CDR): A formal method documenting unsatisfactory Contractor performance (contract deficiencies and defects against the AQL) in the contract file.

Defective Service: A unit of service, which contains one or more defects and does not conform to specified requirements.

Federal Acquisition Regulation (FAR): Provides uniform policies and procedures for acquisitions by executive agencies of the federal Government.

Government Furnished Property: All tangible property of Government furnished to Contractor.

Hazardous Waste: A waste as defined in title 40, CFR, Part 261.3. Special handling procedures and disposal facilities are required for their disposal in compliance with federal, state and local regulations.

Performance Requirements Summary (PRS): The PRS identifies key performance indicators and standards that represent logical service outputs that will be evaluated by the Government to assure the Contractor is fulfilling the terms of the contract.

Performance Standard: A measurable output or result associated with the performance-based description of a requirement found in the PWS.

Quality Control: Those actions taken by the Contractor to control the in-process performance of goods or services to ensure that contract quality standards are met.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance.

2.2. ACRONYMS: For the purpose of the resultant contract, the acronyms listed below shall apply:

AQL Acceptable Quality Level CFR Code of Federal Regulations DA Department of the Army DA Cir Department of the Army Circular DA Pam Department of the Army Pamphlet DEC Department of Environmental Conservation GFP Government Furnished Property MSDS Material Safety Data Sheets NYSDEC New York State Department of Environmental Conservation POV Privately Owned Vehicle

PWS PART 3: GOVERNMENT FURNISHED RESOURCES

3.1. GENERAL: This section describes those items that will be furnished by the Government to the Contractor for performance of the requirements of this contract. The Contractor shall not make use of any property or services described in this section for any purpose other than performing the requirements of this contract. Contractor personnel are responsible for safeguarding GFP, equipment, and facilities. The Contractor shall be required to reimburse the Government for lost, damaged, or misappropriated property for which Contractor personnel are responsible.

3.2. GOVERNMENT FURNISHED SERVICES:

3.2.1. Emergency Services:

3.2.1.1. Emergency Medical Treatment: Government furnished medical service is not available to

Contractor personnel, except in emergency on-the-job situations when Contractor personnel suffer serious injury or acute pain. Government emergency treatment will be provided as the first point of medical care. Transfer to non- Government facilities shall be affected as soon as possible and as determined by attending medical authorities.

Contractor employees experiencing emergency on-the-job injuries or illnesses may use Guthrie Clinic. The Contractor shall be responsible for any charges resulting from treatment at Guthrie Clinic. The hours of operation for Guthrie Acute Care Clinic are 9am -9pm. Any arrangement between the Contractor and Contractor employees relative to health care, and insurance(s) for health care, shall not interfere with the Government's right to reimbursement in the manner selected by the Government for each occurrence where emergency medical service is rendered. The Emergency Medical Services (EMS) telephone number is 911 (or 766 from a cell phone).

3.2.1.2. Fire Protection: The Government will provide fire protection and prevention services to the contract site. These services are obtained by calling the Fort Drum Fire Department for non-emergencies at 772- 4131 and by dialing 911 (or 766 from a cell phone) for emergencies.

3.2.1.3. Police Protection and Law Enforcement: The Government will provide Police Protection and Law Enforcement services to the Contractor and Contractor personnel on the installation. This service shall also include any investigative services related to physical security of Government owned property and incidents involving Contractor owned property inclusive of privately owned property of Contractor personnel if the incident occurs on the installation. These services are obtained by calling the Directorate of Emergency Services.

3.3. GOVERNMENT FURNISHED SUPPLIES: None

3.4. GOVERNMENT FURNISHED PROPERTY: None

3.5. GOVERNMENT FURNISHED FACILITIES: None

PWS PART 4: CONTRACTOR-FURNISHED ITEMS AND SERVICES

4.1. GENERAL: With the exception of items specifically identified as Government furnished in Part 3, the Contractor shall furnish all supplies, equipment, supervision, materials and services necessary to perform the requirements of this contract.

4.2. PERMITS, TAXES, LICENSES, ORDINANCES, AND REGULATIONS: The Contractor shall, at his own expense, obtain all necessary permits, give all notices, pay all license fees and applicable taxes, comply with municipal, State, and Federal laws, ordinances, rules and regulations applicable to the business carried on under this contract.

4.3. CONTRACTOR OWNED PROPERTY:

4.3.1. Condition of Property: All Contractor property shall be in an operable condition and meet all applicable

Federal, State, Local, and Installation requirements for its operation. Equipment shall also have complete and intact design and safety features as if they were new excluding the appearance of fair wear and tear on the equipment.

4.3.2. Identification and Markings:

4.3.2.1. Equipment: All Contractor furnished equipment shall be inscribed, engraved, stamped, or otherwise permanently marked to identify it as Contractor Owned property. The method of marking and information shall be at the Contractor's discretion except that it shall minimally identify the name of the Contractor’s concern.

4.3.2.2. Vehicles: The Contractor shall provide and maintain sufficient vehicles required to fulfill the terms of this contract. Contractor Vehicles shall bear the name of the Contractor's concern on both right and left side of the vehicle. Identification affixed to vehicles shall be in bold text letters not less than one half (1/2) inch in stock and not less than three (3) inches high. Color and style of text are at the Contractor's discretion providing the text is in clear and sharp contrast to the surrounding area.

4.3.2.3. Operation: All Contractor owned equipment shall be operated according to applicable Federal, State, Local, and Installation laws and regulations as they apply to the equipment. This includes the requirement that Contractor personnel shall be adequately trained and possesses all necessary licenses, certification, or other required documents to operate the equipment.

PWS PART 5: SPECIFIC TASKS

5.1. GENERAL: Provide all resources, except Government Furnished Property (GFP), necessary to perform inspection, testing, and maintenance services of various fire alarm and fire suppression systems located on Fort Drum, NY over the period of one year, in accordance with the Performance Work Statement, and subject to the terms and conditions of the contract.

5.1.1. The Contractor shall use test frequencies in accordance with the Unified Facilities Criteria (UFC) titled:

“Operation and Maintenance: Inspection, Testing, and Maintenance of Fire Protection Systems” (UFC 3-601-02).

5.1.2. The Contractor shall use testing methods in accordance with applicable NFPA standards; NFPA-72, NFPA-25, NFPA-2001, NFPA-17A, NFPA-17 and the standards referenced therein.

5.1.3. The Government may at its discretion perform any test or inspection it deems necessary to ensure the system is being properly maintained.

5.1.4. The Contractor shall repair any damage to the fire alarm/suppression systems or associated equipment caused by normal testing at no additional cost to the Government. At its discretion, the Government may have representatives present to witness any or all such tests. All costs associated with this damage shall be borne by the Contractor.

5.1.5. The Contractor shall test all fire alarm and fire suppression systems in buildings: 795, 990, 4225, 4450, P10000, 10150, 10305, 10650, 10690, 10745, 10780, 10783, 10785, 10795, 11049, 20332, 20350, and 20368 on Fort Drum, NY. See Exhibit A for a complete listing of the devices requiring testing in each building.

5.2. LOG IN–OUT: The Contractor shall contact the COR when the Contractor employees start work andwhen they complete work.