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W911SA-12-T-0432

Section SF 1449 - CONTINUATION SHEET

SUPPLEMENTAL INFORMATION

In accordance with FAR 52.232-18; Availability of Fund: FY13 funds are not presently available for this solicitation and resultant contract.

1. Non-Personal Service to provide all labor, transportation, equipment, materials, supervision and other items or services necessary to provide lodging and conference space in Des Moines, Iowa.

1. Period of performance is 30 November 2012 to 02 December 2012.

1. Hotel MUST be located in Des Moines, Iowa.

1. Quotes can be submitted in any of the following ways:

Posted to the Army Single Face to Industry (ASFI);

Email:shannon.g.wamsley.civ@mail.mil
Fax:608-388-3950
Mail:MICC Fort McCoy
Attn: Shannon Wamsley
1108 South R Street
Fort McCoy, WI 54656-5153

1. Acceptance period for quotes shall be 60 days from close date of the RFQ.

1. Contracting Officer’s Representative (COR): TBD at time of award.

1. Contract Administrator: TBD at time of award.

If you have questions pertaining to this contract after contract award (i.e. questions regarding delivery, invoice procedures, etc.), please request assistance from the Contract Administrator. Be sure to include the contract number in your request for assistance. Requesting contract administration assistance from any other individual could result in a delayed response.

1. Contracting Officer (CO or KO): TBD at time of award.

1. This procurement is Set-Aside as UNRESTRICTED under the NAICS Code 721110 with a size standard of $30.0 Million.

1. In accordance with the Hotel and Motel Fire Safety Act of 1990, Public Law 101-391, conferences, seminars, and other meetings, must be held at facilities with fire-safe approved accommodations. http://www.usfa.dhs.gov/citizens/hotel.shtm

1. Interested parties are under no obligation to submit quotes through any third party. All parties may submit directly to the location identified above. This contracting office is not using the services of a third party to solicit quotes for this requirement. Quotes shall be submitted as instructed below.

1. Third parties submitting a quote shall include a fully executed sub-contracting agreement for the proposed property/properties. The agreement shall be on official hotel letterhead and include information which identities the responsibilities of each entity. The agreement shall demonstrate the existence of a relationship between firms and their agreement to provide the services required under this acquisition. The agreement shall include both the signature of the third party and the authorized representative of the property. Failure to submit this documentation shall result in the offeror being determined non-responsive.

IF HOTEL NAME AND TEAMING AGREEMENT ARE NOT PROVIDED BY CLOSE OF RFQ, THE QUOTE WILL NOT BE CONSIDERED.

1. QUANTITY: The quantity shown is an estimate that is not to be exceeded without prior approval in the form of a contract modification from the Contracting Officer. The Contracting Officer may modify the estimated quantity up to 30% above or below the quantity shown and still be considered within the scope of the contract. The exact quantity shown is not guaranteed; any unused quantities may be removed by contract modification at the end of the date range covered by the contract. The Government pays only for the actual quantities ordered by contract modification and received.

1. DUNS NUMBER: ____________________________

1. TAX ID NUMBER: ___________________________

1. ORCA Requirement: Prospective contractors who have not completed electronic annual representations and certifications at https://www.sam.gov/portal/public/SAM/ in conjunction with required registration in the Central Contractor Registration (CCR) database, shall complete and submit FAR 52.212-3 Alternative 1 Offeror Representations and Certifications - Commercial Items and to include DFARS Representations and Certifications.

1. The “Equal Employment Opportunity Is The Law” notice (poster) referenced in FAR Clause 52.222-26(b)(3), Equal Opportunity, is located at http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf

1. In accordance with FAR Clause 52.222-41(g), the contractor must notify each service employee working on this contract of the minimum wage and fringe benefits required to be paid pursuant to this contract, or shall post a copy of the wage determination and Department of Labor Form WH-1313 in a prominent place at the worksite. The applicable wage determination is incorporated into the contract. The WH-1313 poster is located at http://www.dol.gov/whd/regs/compliance/posters/sca.htm

1. In accordance with FAR 52.222-42, the classes of service employees expected to be employed under the contract states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class
Monetary Wage – Fringe Benefits
Desk Clerk
GS-04, Step 02
Housekeeping
WG-02, Step 02

1. LEGAL COMPLIANCE

The Contractor shall comply with all Federal, State, and Local Laws, codes and regulations applicable to his performance under this contract, and shall be solely responsible for all costs associated with said compliance.

23) ALTERNATE DISPUTES RESOLUTION

In furtherance of Federal policy and the Administrative Dispute Resolution Act of 1990 (ADR Act), Public Law 101-552 and FAR Clause 52.233-1, Subparagraph (d) (2) (1) (B) (2), the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of both parties. Interested parties are encouraged to use alternative dispute resolution procedures to the maximum extent practicable, in accordance with the authority and requirements of the ADR Act.

24) CONTRACT PERFORMANCE

1. Assessment Period. Performance Assessment Reports (PAR) shall be prepared IAW AFARS Subpart 42 upon physical completion of the contract. If the period of performance will exceed 18 months, an “interim” assessment report shall be prepared at the completion of 12 months performance and annually thereafter until the contract is physically complete. An out-of-cycle or “addendum” report may be prepared if there is a need to record an extraordinary event prior to the next regularly scheduled evaluation or if it is necessary to report a meaningful occurrence during the period between physical completion of the contract and contract closeout. Additionally, addendum reports may be prepared to record contractor’s performance relative to contract closeout and other administrative requirements (e.g. final indirect cost proposals, technical data, etc.).

2. Completion Due Date. The government will complete the PAR within 60 days after the end of the assessment rating period.

3. Evaluators. The Contracting Officer and the Contracting Officer’s Representative will jointly complete the performance assessment.

4. Contracts Performance Elements. The contractor’s performance shall be assessed in accordance with elements and rating system set forth in AFARS Subpart 42.

5. Contractor Review. The Contracting Officer will furnish a copy of the PAR to the contractor requesting that the contractor submit comments, rebutting statements, or additional information to the Contracting Officer within 30 calendar days of receipt. Failure to respond within the designated timeframe will be taken as agreement with the assessment.

6. Contract Concurrence. Where a contractor concurs with, or takes no exception to a PAR, such report shall be considered final and releasable for use in source selection and other deliberative purposes.

7. Contractor Rebuttal. Where a contractor takes exception to a performance report, the Contracting Officer will review the contractor’s rebuttal or comments and make appropriate changes. If the Contracting Officer makes changes, the changed rating will be reflected in the narrative. The Contracting Officer will make all reasonable efforts to reconcile the report and the contractor’s comments. However, it is not necessary that they reach agreement on the report where such is clearly impracticable. The contractor’s rebuttal or comments shall be made part of the PAR.

8. Resolving Disagreements between the Government and the Contractor. In the event disagreements between the parties regarding the PAR occur, the Contracting Officer will review the rebuttal and make appropriate changes. If no agreement is reached, the PAR is forwarded to the Reviewing Official (Director of Contracting) along with the Contracting Officer’s Findings and Recommendation and supporting documentation. The decision of the Reviewing Official is final. Copies of the PAR and the contractor’s response and review comments, if any, shall be retained as part of the evaluation.

9. Release of Contractor Performance Evaluation Information. The evaluation will not be released to other than government personnel and the contractor whose performance is evaluated. The performance evaluation information will be input in the Construction Contractor Appraisal System (CCASS) or Past Performance Information Management System (PPIMS) databases (or Government system in use at time of the evaluation), which are consolidated repositories for all Army PPI.

10. Source Selection Information. Departments and agencies will electronically access the PAR information to support future award decisions.

25) WAGE DETERMINATION

WD 99-0266 (Rev.-20) was first posted on www.wdol.gov on 06/19/2012

FL/HH/MS

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Diane C. Koplewski Division of Wage | Wage Determination No: 1999-0266 Director Determinations | Revision No: 20 | Date Of Revision: 06/13/2012 State: Iowa Area: Iowa Counties of Adair, Appanoose, Audubon, Boone, Calhoun, Carroll, Cerro Gordo, Clarke, Dallas, Davis, Decatur, Emmet, Franklin, Greene, Guthrie, Hamilton, Hancock, Hardin, Humboldt, Jasper, Kossuth, Lucas, Madison, Mahaska, Marion, Marshall, Monroe, Palo Alto, Pocahontas, Polk, Poweshiek, Ringgold, Story, Taylor, Union, Wapello, Warren, Wayne, Webster, Winnebago, Worth, Wright

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

Food & Lodging:

07041 - Cook I 11.02 07042 - Cook II 12.97 07070 - Dishwasher 8.68 07130 - Food Service Worker 9.19 07260 - Waiter/Waitress 8.68 11060 - Elevator Operator 8.68 11210 - Laborer, Grounds Maintenance 9.19 11240 - Maid or Houseman 9.19 99030 - Cashier 9.19 99050 - Desk Clerk (see 1) 9.19

Halfway House & Residential Community Treatment:

01011 - Accounting Clerk I 11.57 01012 - Accounting Clerk II 12.42 01111 - General Clerk I 10.95 01311 - Secretary I 13.21 01611 - Word Processor I 10.95 07041 - Cook I 11.02 07042 - Cook II 12.97 07070 - Dishwasher 8.68 07130 - Food Service Worker 9.19 11150 - Janitor 9.19 11210 - Laborer, Grounds Maintenance 9.19 11240 - Maid or Houseman 9.19 23370 - General Maintenance Worker 11.65 27101 - Guard I 10.52 27102 - Guard II 11.02 99050 - Desk Clerk (see 1) 10.95

Moving & Storage:

21020 - Forklift Operator 11.02 21050 - Material Handling Laborer 9.86 21110 - Shipping Packer 11.02 21410 - Warehouse Specialist 11.02 31361 - Truckdriver, Light 11.02 31362 - Truckdriver, Medium 11.65 31363 - Truckdriver, Heavy 12.33 31364 - Truckdriver, Tractor-Trailer 12.97

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.71 per hour or $148.40 per week or $643.07 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE

FOLLOWING:

1) Rates are applicable only under the appropriate occupational category.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

(END WAGE DETERMINATION)

INFORMATION FOR EVALUATION

This section supplements clause 52.212-1 and 52.212-2 which is included elsewhere in this request for quotes. The Government will award a contract resulting from this request for quotes to the responsible offeror whose offer conforming to the request for quotes will be most advantageous to the Government, price and other factors considered (lowest price technically acceptable). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

This solicitation shall be evaluated using Lowest Price Technically Acceptable. Past performance may be evaluated in accordance with FAR 15.305.

TECHNICAL FACTOR:

Submission Instructions – Offerors shall submit documentation and descriptive literature (brochures) which clearly identifies how the offer submitted meets the requirements listed in the Technical Requirements Table.

Evaluation – The descriptive literature and documentation will be evaluated against the specifications established in the Technical Requirements Table located in the RFQ. Each item in Technical Requirements Table will receive one of the adjectival ratings defined below. Any criterion that receives an unacceptable rating will result in an overall unacceptable rating for the factor and are not eligible for award.

ADJECTIVAL RATING
DEFINITION
Acceptable (A)
Acceptable quality and meets minimum performance and/or capability requirements necessary for satisfactory contract performance. Proposal contains no deficiencies or significant weaknesses, and any identified weaknesses do not impact the probability of meeting minimum requirements. Fair probability of success with low to moderate degree of risk.
Unacceptable (U)
A proposal that fails to meet minimum performance and/or capability requirements necessary for acceptable performance. Where discussions are contemplated, the proposal contains weaknesses, significant weaknesses, and deficiencies that cannot be corrected without a major rewrite of the proposal. The degree of proposal risk is very high. Note: A final rating of Unacceptable is ineligible for award.
TECHNICAL CRITERIA
A or U

Hotel Requirements

Airport Shuttle Service

Gift Shop

Indoor Swimming Pool

Exercise Room

Full Service Restaurant OR Be within easy walking distance to family restaurants and attractions OR provide shuttle service to such facilities

High speed internet

On-site Parking

Lighting in the Parking Lot

Entrance to all rooms shall be from interior of hotel.

All exterior doors shall be secured electronically.

Lodging/Conference Space within proper location and appropriate city (read line item to make sure of distance restrictions from airports and other physical places)

PRICE FACTOR:

Submission Instructions – Offerors shall submit a fully completed SF 1449, Pricing Schedule, or acceptable alternative as identified in 52.212-1 or elsewhere in the RFQ. Government per Diem will be adhered to for rooms and meals provided by the contractor. http://www.defensetravel.dod.mil/site/perdiem.cfm

The agreed upon items and quantities will be multiplied times their respective unit prices found in the RFQ.

Evaluation – Price will not be assigned an adjectival rating; and will be evaluated to determine if the offerors proposed price is fair, reasonable, and balanced. The government may determine that an offer is unacceptable if prices are significantly unbalanced. Price shall be evaluated at estimated quantities multiplied times their respective unit price.

Unrealistically Low Prices: Unrealistically low proposed prices, initially or subsequently, may be grounds for eliminating a proposal from competition.

Unbalanced Pricing: Offerors are cautioned against submitting quote that contains unbalance pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The Government shall analyze offers to determine whether they are unbalanced with respect to separately priced line items or subline items. Quotes that are determined to be unbalanced may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
250
Each

YELLOW RIBBON - LODGING

FFP

125 double occupancy rooms each night for two nights (Check in 30 NOV and check out 2 DEC) for a total of 250 rooms in Des Moines, IA.

The hotels above that hosts this event can and must provide the following amenities: airport shuttle, gift shop, indoor swimming pool, exercise room, high speed internet, full service restaurant OR room service OR be within easy walking distance OR provide a shuttle service to such facilities, lighting in the parking lot along with complimentary parking, entrance to all rooms shall be from interior of hotel, all exterior doors shall be secured electronically.

The Government will not be responsible for room service charges, long distance phone calls, movie rental charges, or internet service charges. The Government will only pay for rooms actually used. All rooms must be at or below the government per diem rate.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010198791

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

YELLOW RIBBON - CONFERENCE SPACE

One conference room capable of seating 200 people, set in rounds, without obstructive views or pillars, shall be available 01 DEC 2012 from 7:30 am to 5:00 pm. Conference room requires a stage or platform for speakers and a sound system as well as a large white board with markers or a large pad of paper with easel. Shall include pens and paper for note taking as well as ice water and glasses.

One conference room capable of seating 100 people, set in rounds, without obstructive views or pillars, shall be available 01 DEC 2012 from 7:30 am to 5:00 pm. Conference room requires a stage or platform for speakers and a sound system as well as a large white board with markers or a large pad of paper with easel. Shall include pens and paper for note taking as well as ice water and glasses.

One breakout room (Chaplain) capable of seating 4 at a round. Shall be available 01 DEC 2012 from 7:30 am to 5:00 pm. Shall include pens and paper for note taking as well as ice water and glasses.

One breakout room capable of holding up to 25 children set 3 rounds shall be available 01 DEC 2012 from 7:30 am to 5:00 pm. This will be used as a children's room and must be spacious enough to accommodate children's activities and be located close to: restrooms, conference room and an exit. This room shall have a TV/DVD combo available and include ice water, plastic glasses and have at least have 2 wastebaskets.

One breakout room capable of holding up to 20 children, set 3 rounds shall be available 01 DEC 2012 from 7:30 am to 5:00 pm. This will be used as a daycare room and must be spacious enough to accommodate children's activities, be located close to: restrooms, the conference room and an exit, have a flat surface that can be used as a changing table, mini refrigerator, and at least 2 waste baskets. This room shall have a TV/DVD combo available and shall include water and plastic glasses.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

YELLOW RIBBON - AUDIO / VISUAL EQUIP

Audio/Visual Equipment available 01 DEC 2012 from 7:30 am to 5:00 pm in the conference rooms: One (1) 10x10 screen or larger, one (1) handheld wireless microphone and one (1) wireless microphone, equipment to connect a laptop to the main sound system, high speed and wireless internet access for all rooms.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

YELLOW RIBBON - ADD SUPPORT ITEMS

Copying and scanning capabilities available for use by event staff.

Ten (10) skirted tables with chairs to accommodate support agencies either inside the large conference room or just outside the large conference room.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government
0003
Destination
Government
Destination
Government
0004
Destination
Government
Destination
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
POP 30-NOV-2012 TO

02-DEC-2012

N/A
416TH TEC

416TH TEC

DARIEN, IL WI 60561

W90T7E

0002
POP 30-NOV-2012 TO

02-DEC-2012

N/A
(SAME AS PREVIOUS LOCATION)

W90T7E

0003
POP 30-NOV-2012 TO

02-DEC-2012

N/A
(SAME AS PREVIOUS LOCATION)

W90T7E

0004
POP 30-NOV-2012 TO

02-DEC-2012

N/A
(SAME AS PREVIOUS LOCATION)

W90T7E

CLAUSES INCORPORATED BY REFERENCE

52.212-1
Instructions to Offerors--Commercial Items
FEB 2012
52.212-4
Contract Terms and Conditions--Commercial Items
FEB 2012
52.225-25
Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification.
NOV 2011
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
JAN 2009
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7008
Export-Controlled Items
APR 2010
252.225-7002
Qualifying Country Sources As Subcontractors
JUN 2012
252.227-7000
Non-estoppel
OCT 1966
252.232-7010
Levies on Contract Payments
DEC 2006
252.243-7001
Pricing Of Contract Modifications
DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (DEVIATION)(AUG 2012)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the SAM database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor’s CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

“System for Award Management (SAM)” means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes—

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in CCR may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day’s written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

This solicitation shall be evaluated using Lowest Price Technically Acceptable. Past performance may be evaluated in accordance with FAR 15.305. If the contracting officer determines that a small business’ past performance is not acceptable, the matter shall be referred to the Small Business Administration for a Certificate of Competency determination, in accordance with the procedures contained in subpart 19.6 and 15 U.S.C. 637(b)(7)).

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

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

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents 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 [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(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.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ballot] is, [ballot] is not an EDWOSB concern, 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 [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(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.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross…

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