W911SD17T0266.pdf
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SEE ADDENDUM
(No Collect Calls)
W911SD-17-T-0266 06-Apr-2017
b. TELEPHONE NUMBER
845-938-5050
8. OFFER DUE DATE/LOCAL TIME
11:00 AM 20 Apr 2017
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W911SD9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ROBIN C. MEYER
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0010978919
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
MICC - WEST POINT
681 HARDEE PLACE
WEST POINT NY 10996-1514
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W58EDU 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
CENTRAL RECEIVING POINT (W58EDU)
LUKE PAGAN, DPTMS
BUILDING 913, WASHINGTON RD
PHONE: 845-938-3154
WEST POINT NY 10996
TEL: 845.938.8859 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$15,000,000
NAICS:
541990
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF71
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W911SD-17-T-0266
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each 2017 USMA Graduation Sound and Lighting
FFP
2017 USMA Graduation Sound and Lighting in accordance with the Performance Work Statement included. Period of Performance 27 April 2017 through 28 May 2017.
FOB: Destination
PURCHASE REQUEST NUMBER: 0010978919
NET AMT
0002 1 Each
CMRA
FFP
Contractor Manpower Reporting
1001 1 Each OPTION 2018 USMA Graduation Sound and Lighting
FFP
2018 USMA Graduation Sound and Lighting in accordance with the Performance Work Statement included. Period of Performance 27 April 2018 through 31 May 2018.
1002 1 Each
OPTION CMRA
FFP
Contractor Manpower Reporting
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 1001 Destination Government Destination Government 1002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 27-MAY-2017 1 CENTRAL RECEIVING POINT (W58EDU)
LUKE PAGAN, DPTMS
BUILDING 913, WASHINGTON RD
PHONE: 845-938-3154
WEST POINT NY 10996
845.938.8859
W58EDU
0002 31-OCT-2017 1 (SAME AS PREVIOUS LOCATION)
1001 31-MAY-2018 1 (SAME AS PREVIOUS LOCATION)
1002 31-OCT-2018 1 (SAME AS PREVIOUS LOCATION)
PERFORMANCE WORK STATEMENT
Performance Requirement
2017 USMA Graduation Audio and Lighting Requirement
LOCATION
Graduation ceremonies will be held at the Michie Stadium football field complex.
DATE
Graduation will be held: 27 May, 2017
TIME
Graduation will commence promptly at 9:00 a.m.
REQUIREMENT
To provide a complete primary sound reinforcement system independent of the stadium’s existing sound system intended for large venue events, and provide a Dais lighting system.
The contractor sound system shall include all microphones, stands, cabling, amplifiers, sound mixing boards, equalizers, delays, loudspeakers, equipment stands, loudspeaker stands, weather protection, audio distribution amplifiers, press and media audio feeds (40), microphone splitters, ground lifting devices, hum elimination devices, and equipment operator(s). The system shall incorporate the appropriate delay and equalization to provide undistorted sound covering the seating areas to be described. The system shall provide adequate power to overcome ambient noise levels in and around the complex minimum of 90 dB SPL (A-weighted) distributed as evenly as possible throughout the areas described below. The system shall remain operational for 90 minutes after the release of the graduates. All contractor owned and provided equipment shall be removed NLT 6:00 p.m. on May 27, 2017.
The contractor shall incorporate a means of redundant sound reinforcement should a failure of the contractors primary equipment components occur. The Dais Lighting system shall be provided and operational in accordance with specifications detailed within this statement of work. The contractor shall take necessary precautions to protect the turf surface, cabling crossing the field between the dais and the opposite side line must be ramped or mat covered and shall not pose a hazard. All specifications to perform this contract are detailed below.
1. GUEST SEATING
A. The system shall provide full coverage for the following seating areas: Section 2 in the south end zone thru section 23 in the north end zone also to include the upper seating areas in front of, and adjacent to the Hoffman Press Box, the seating area for the graduating class, and the Gate 1 and Gate 3 staging area for the Graduating Class to receive instructions.
2. MICROPHONES
The podium (provided by USMA) will require 2 microphones arranged in a side by side configuration. Recipient name announcement microphones on the dais will be required, 2ea will be setup to the left of the podium, 2ea will be setup to the right of the podium, setup on floor stands, microphones arranged in an over/under configuration. 2 wireless lavalier microphones 1 for the cadet charged with dismissing the graduating class and 1 for the class President for the class gift presentation. 2 wireless lavalier (same type as main) microphones will be required as back up microphones in the event of a wireless failure. 1 wireless Combo system with handheld and lavalier to be used as needed by the academy. The West Point Band and choir will require sound reinforcement, and will be part of the final mix. The band and choir are typically located on the northern periphery of the dais. The band requires a minimum of 12 microphones and the choir requires a minimum of 8 microphones for a total of 20. Condenser mics may be used but in the event of rain dynamic mics MUST be used. Contractor shall provide all necessary microphone stands, booms, and cabling.
3. LOUDSPEAKERS
Loudspeakers shall be arranged so as not to obstruct the view of the graduating class from the seating areas. The contractor shall make provision to eliminate feedback for all sound support areas. Loudspeakers will be provided for general guest seating areas, including the upper seating area at Michie Stadium, graduating class seating on the field, stadium gate 1 located at the southeast corner, gate #3 at the northeast corner of the field, and dais monitor speakers.
The contractor shall provide all cabling. The contractor shall take necessary precautions to protect cabling and cabling shall not pose a hazard. The contractor shall take all necessary precautions to protect the turf surface; where equipment will be placed or used on the field. This is to include protecting the turf during set up and removal of all equipment. Any equipment and materials needed for set up and removal (such as fork lifts plywood etc.) shall be provided by the contractor.
4. ANCILLARY AUDIO FEED(S)
The contractor shall provide 1 ea. primary line balanced level feed (+4dB / 0Vu) and 2 ea. redundant balanced line level feeds of the final mix to the USMA television production truck. Connections to the truck will be made through the DPTMS television cameras in the following locations, (1 each), center press stand, stage left and stage right.
The contractor shall provide press feeds for 40 positions, the feeds shall be –60dB balanced microphone level. All feeds shall be free and clean of any noise, hum, or buzz. The contractor shall provide a 2-channel intercom communication capability (clear- com) to interface to the USMA TV truck intercom, and provide intercom stations at the sound mixing location and up to 3 other location(s) to be determined by security personnel. The contractor shall provide all cabling. The contractor shall take necessary precautions to protect cabling and cabling shall not pose a hazard. The contractor shall take necessary precautions to protect the turf surface, cabling shall not pose a hazard.
5. DAIS.
The dais will be setup at the 50 yard line on the east side of the stadium and the dais access ramps will extend from the 0 yd line and continue towards the south end zone seating area. The dais will be setup by USMA engineers. A podium on the dais will be provided by USMA.
6. DAIS LIGHTING
Provide adequate lighting for live broadcast to minimize flash photography. The lighting instruments shall be as inconspicuous as possible, and may mounted to the structural cross members supporting the canopy. The entire stage area will be lit, not spot lit, to include the walk in ramps ( a full stage wash ). Provide lighting instruments located near the northwest side 20 yard line and the southwest side 25 yard line. The lighting shall be of sufficient strength to illuminate the dais from behind the press platform. The lighting shall be sufficient to provide soft fill lighting on the speaker(s). All lighting shall be color corrected for ambient lighting and require HMI lights with a 5600 degree color temp. The stage wash shall provide an even wash with no more than 20fc change from stage right to stage left.
Back lights shall use barn doors to prevent flares in the video shot from the main press riser, they shall be focused on the speakers shoulders at the lectern and diffused. All lighting instruments cannot interfere with still photography, or television camera ability to document the ceremony. The contractor shall take necessary precautions to protect the turf surface, cabling shall not pose a hazard.
7. POWER
The contractor shall provide a generator capable of powering the sound reinforcement equipment and lighting systems. The generator should be movie quiet or equivalent as to not disturb the ceremony. The generator shall be located outside the stadium near gate #1; however this may be subject to change due to security requirements. The contractor shall provide all electrical cabling from the 400 AMP main panel in the stadium as well as from the back up generator including electrical pigtails required to connect to the power mains. The contractor shall also provide all temporary power distribution panels and all power cables required to operate contractor furnished equipment.
8. TECHNICAL SUPPORT
The contractor shall provide on-site technical support in addition to operator personnel. The contractor shall provide to the USMA POC (point of contact) all AC power requirements for complete system operation. The contractor shall provide to the USMA POC frequency and operating power of all 2-way radio equipment utilized in the performance of the requirement. 2-way radio communication will not interfere with the contractor’s primary sound reinforcement system or the existing stadium system.
9. PERFORMANCE TIME LINE
The contractor shall provide a plan indicating the location of equipment, speaker locations NLT (no later than) April 22, 2017 for review and consideration. The system shall be installed, fully operational and ready for performance review by 1530 on May 24, 2017. The contractor shall provide personnel for the purpose of operational testing, graduation rehearsal, and system check by academy personnel by 5:30 a.m. May 25, 2017. Graduation rehearsal will begin at 0600. The contractor shall provide all personnel required for the operation, setup, testing, and removal of the contractors system and equipment. The contractor’s personnel must be on station from 5:00 a.m. May 27, 2017, and remain on station until 90 minutes after release of the graduating class. It shall be the responsibility of the contractor to obtain lodging if necessary for the contractor’s personnel.
10. CONTRACTOR PERSONNEL
The contractor shall provide a list of employees participating with the setup, operation and breakdown of the provided audio system. The list shall include the employee’s full name, social security number, birth date, city, state, and country of birth, and permanent/temporary job status with the company. The list shall be provided 20 days prior to commencement of on-site work.
11. GOVERNMENT PROVIDED
The government shall provide 400 AMP, 3 phase electrical service for contractor provided sound reinforcement and lighting equipment. The government shall provide electricians to connect and disconnect contractor provided cables to electrical panels.
IMPORTANT NOTE:
SITE VISIT: If a site visit is needed, one must be requested through Robin Meyer at 845-938-5050 or Robin.C.Meyer.civ@mail.mil no later than 4:30 p.m. Monday, 17 April 2017.
INCLEMENT WEATHER:
Contractor shall provide cover as needed for their equipment in the event of inclement weather.
POC INFORMATION
The point of contact at USMA for this requirement shall be given at time of award.
PERFORMANCE REQUIREMENTS SUMMARY (PRS)
The Performance Requirements Summary table lists the Required Services (RS), the paragraph number that describes the RS, the standard of performance by which the Government will measure contractor performance, the allowable degree of deviation from perfect performance, the primary surveillance method the Government will use to evaluate the performance and the performance incentive.
Specific Task Standard Performance
Standard Method Performance Incentive
RS-1 Provide Microphones
SOW #2
Requirements are met or exceeded
Completed IAW SOW with 0 defects. No uncorrected defects.
100% Inspection
Assignment of Performance Rating:
Exceptional: Meets or exceeds requirement as described in the SOW with minor corrections/rework.
Satisfactory: Reworked with major corrections/revisions necessary. The rework is performed satisfactorily and does impact program.
Marginal: Reworked to meet expectations with major corrections/revisions necessary.
Numerous attempts to correct work IAW SOW and program is impacted. Failure to rework to standards may result in contract termination.
RS-2
Provide Loudspeakers
SOW #3
Requirements are met or exceeded
Same as RS-1 100% Inspection
Same as RS-1
RS-3
Provide Ancillary Audio Feeds
SOW #4
Requirements are met or exceeded
Same as RS-1 100% Inspection
Same as RS-1
RS-4
Provide Dais Lighting
SOW #6
Requirements are met or exceeded
Same as RS-1 100% Inspection
CONTRACTOR MANPOWER REPORTING
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract Graduation Lighting & Sound via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website.
52.204-0911 MEVA Personnel Access Control:
Identification for Contractor personnel
RS-9
cable crossing must be ramped or mat covered
SOW Paragraph 1 Requirements are met or exceeded
Same as RS-1 100% Inspection
Same as RS-1
RS-10
System Performance of 89 dB SPL (A-weighted) distributed evenly
SOW Paragraph 1 Requirements are met or exceeded
Same as RS-1 100% Inspection
Same as RS-1
Power Requirements
Requirements are met or exceeded
Inspection
RS-6
Technical Support
SOW #8
Requirements are met or exceeded
Same as RS-1 100% Inspection
Same as RS-1
RS-7
Performance Time Line
SOW # 9
Requirements are met or exceeded
Same as RS-1 100% Inspection
Same as RS-1
RS-8
Provide Contractor Personnel Information List
SOW #10
Requirements are met or exceeded
Same as RS-1 100% Inspection
RS-5 SOW #7 Same as RS-1 100% Same as RS-1
For contractors that do not require CAC, but require access to a DoD facility or the installation, the contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13). This is also for all employees who will be entering Army-controlled installations or facilities (Central Area/Restricted area). Applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative) must be adhered to. Documentation of these checks will be made available to the COR and security personnel upon request.
The company will provide to the COR, ten days in advance of the event, names, Date of Birth, and Social Security numbers of all employees who will be entering Army-controlled installations or facilities.
The company will ensure that its employees entering Army-controlled installations or facilities have obtained local access badges and passes (if required) in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services.
The company will return all issued U.S. Government Common Access Cards, installation badges, and/or access passes to the COR when the contract is completed or when a contractor employee no longer requires access to the installation or facility.
*** DOD Level I Antiterrorism (AT) Standards Clause (As of 1 July 14)
When annotated on the AT/OPSEC cover sheet Contractors are required to complete this training.
(a) Pursuant to Department of Defense Instruction Number 2000.16, “DoD Antiterrorism (AT) Standards,” dated October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and receive a certificate of completion. The training is accessible from any computer and is available at http://jko.jten.mil/ follow the below instructions:
1. Click – DOD CAC or No DOD CAC
2. Next click - I am a U.S. mil, government civil servant, or contract employee
3. Next click - I've been directed to take required training on JKO
4. Next click - Courses
5. I do not have a .MIL, .GOV, or .NDU.EDU address or I am a Multi-National Student
6. Fill out the contact sheet and email to sponsor (COR)
7. Sponsor (COR) will email to the JKO help desk
The COR and contractor are responsible for ensuring that all applicable employees have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the Contracting Officer and the Contracting Officer’s Representative (if appointed) within five working days after contract award or prior to access to a Federally-controlled installation or information system.
(b) In the event that the automated system is not available (e.g., server problems), Level I AT Awareness Training can be provided by a qualified instructor. However, if the training is not completed online, the Level I AT Awareness Instructor qualification must be coordinated with the Installation Antiterrorism Officer (or Installation Security equivalent) and the resultant name(s) of approved instructors shall be provided the contracting officer or designee along with all associated cost or schedule impacts to the contract. (c) Antiterrorism performance (Level I AT Awareness Training attendance and compliance) may be documented as a performance metric under the resultant contract, and be part of past performance information in support of future source selections.
(c) Documentation of this training will be made available to the Installation Antiterrorism Officer upon request.
Contracting Official Representative (COR).
(1) Will ensure that all contractors/subcontractors are processed for a background check or National Agency Check with Inquiry (NACI) as needed. The background check is the minimal investigation to be adjudicated for a USMA Identification Card (Local Access Badge) versus the NACI, which requires fingerprinting and submission of EQIP. NACIs are required for contractors/subcontractors that require a CAC and/or government computer accounts.
(2) Will ensure that the USMA Form 13-16, Personnel Background Check, is correctly completed and signed by the COR who is a properly cleared Federal Employee.
(3) Will ensure that the USMA Form 13-16, Personnel Background Check, is submitted within 10 days prior to personnel starting projects on West Point, depending on when contract is awarded and work is scheduled to start. Waivers are made for the 10 day suspense on a case by case basis, in emergency situations as needed only.
(4) Will ensure that all identified contractors requiring a CAC and/or government computer access, submit fingerprints and complete a NACI investigation submission via EQIP, prior to being issued a CAC and/or given access to the government computer network.
(5) Will ensure that all government issued identification and vehicle stickers are confiscated from contractors/subcontractors upon termination of employment or end of project. These items will be returned to MPD and DES.
(6) Will ensure that all contractors requiring access to the Installation have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the Contracting Officer Force Protection Conditions (FPCON’s) Clause
a. During higher Force Protection Conditions (FPCON’s) Contract personnel are required to comply with all Antiterrorism policies and procedures while on the installation. Contract personnel may be directed to enter the installation through certain access control points where they can best be identified and searched.
Contractor personnel may be prohibited from certain portions of the installation during exercises and actual emergencies.
b. Contractors will comply with parking restrictions and will not park in unauthorized parking areas or within
82 feet of an inhabited building when directed.
c. Access control roster (personnel and vehicles) must be provided. Names / vehicles verified by the company and received background screening. Substitutes receive same vetting process prior to work.
d. All contractor personnel and vehicles are subject to search while on the installation
e. In the event of an identified restricted/exclusion area, the contractor personnel will not be authorized without specific permission or an escort.
f. Access may be denied during increased readiness or Force Protection Conditions (FPCON’s).
Alien Employment The contractor shall not employ any alien who does not have a valid US Immigration I-551 or I-94. The contractor shall provide valid social security numbers and citizenship status of all employees to the Government, upon request.
E-Verify E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. E-Verify are the best means for determining employment eligibility of new hires and the validity of their Social Security numbers.
Contractors shall use E-Verify on all employees that will be working on this installation, under this contract. This shall be done prior to the employee starting work on the installation.
For E-Verify information: www.dhs.gov/E-Verify 1-888-464-4218 The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Additional information about trafficking in persons may be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons’ at http://www.state.gov/g/tip. Government contracts shall —
(a) Prohibit contractors, contractor employees, subcontractors, and subcontractor employees from —
(1) Engaging in severe forms of trafficking in persons during the period of performance of the contract;
(2) Procuring commercial sex acts during the period of performance of the contract; or
(3) Using forced labor in the performance of the contract;
(b) Require contractors and subcontractors to notify employees of the prohibited activities described in paragraph (a) of this section and the actions that may be taken against them for violations; and
(c) Impose suitable remedies, including termination, on contractors that fail to comply with the requirements of paragraphs (a) and (b) of this section.
Contractor Vehicles – ensure the contractor understands the parking policy dated 12 August 2015.
Under no circumstances will Contractors park in Central Parking Area (CPA) Lots
The local general, visitor, and government designated parking areas SHALL NOT be used by the contractor. No general contractor or subcontractor employee parking is available near the immediate site. The contractor will need to identify and locate parking facilities for general and subcontractors off of West Point and provide a means for shuttling workers to the site. West Point shuttle services will not be used for transporting workers to the site.
Contractors and construction vehicles can only park in pre approved designated staging areas or as identified in their contract. Central Area Parking is reserved for Staff and Faculty and requires a special pass. In accordance with AR 190-5, persons who operate a motor vehicle on West Point shall be deemed to have given consent for the removal and temporary impoundment of the privately owned vehicle (POV) and construction equipment when it is:
(1) Parked illegally
(2) Interfering with operations
(3) Creating a safety hazard
(4) Left unattended in a restricted or controlled area
(5) Parked in a Central Parking Area (CPA) lot without the proper CPA Pass
(6) Parked in a reserved space authorized by the Installation Commander
The COR overseeing the contract will review and coordinate all contractor pass requests.
CLAUSES INCORPORATED BY REFERENCE
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.217-8 Option To Extend Services NOV 1999 52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-13 Notice of Set-Aside of Orders NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer
Products - Alternate I
JUN 2014
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture MAR 2015 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.233-3 Protest After Award AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)
(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
(b) In accordance with 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 continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(End of provision)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS (JAN 2017)
(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.
(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(e) In accordance with 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 continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.
(End of clause)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)
Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision--
“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Civil judgment” means--
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act; and
(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
“Labor laws” means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“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…
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