W911SD17T0366.docx

W911SD-17-T-0366

Section SF 1449 - CONTINUATION SHEET

Base year TRAINING

FFP

Mandated Training Base Year

08 October 2017 thru 07 October 2018 FOB: Destination

PURCHASE REQUEST NUMBER: 0011017406-0001

NET AMT

Base year RAMs

Standard Work Base Year

08 October 2017 thru 07 October 2018

NET AMT

Base year SPECIAL EVENTS

Special Events Year see Performance work statement (PWS)

08 October 2017 thru 07 October 2018

NET AMT

Emergency Response

Emergency Response See PWS

08 October 2017 thru 07 October 2018

NET AMT

CMRA

CMRA

08 October 2017 thru 07 October 2018

NET AMT

Mandatory Training

Mandated Training see PWS

Option Yr 1 08 October 2018 thru 07 October 2019

NET AMT

Standard Work

Standard Work See PWS

Option Yr 1 08 October 2018 thru 07 October 2019

NET AMT

Special Events

Special Events Year see PWS

Option Yr 1 08 October 2018 thru 07 October 2019

NET AMT

Emergency Response

Emergency Response See PWS

Option Yr 1 08 October 2018 thru 07 October 2019

NET AMT

CMRA

CMRA

Option Yr 1 08 October 2018 thru 07 October 2019

NET AMT

Mandatory Training

Mandatory Training

Option Yr 2 08 October 2019 thru 07 October 2020

NET AMT

RAM

Standard Work See PWS

Option Yr 2 08 October 2019 thru 07 October 2020

NET AMT

Special Events

Special Events See PWS

Option Yr 2 08 October 2019 thru 07 October 2020

NET AMT

Emergency Response

Emergency Reponse see PWS

Option Yr 2 08 October 2019 thru 07 October 2020

NET AMT

CMRA

CMRA

Option Yr 2 08 October 2019 thru 07 October 2020

NET AMT

Mandatory Training

Mandatory Training see PWS

Option Yr 3 08 October 2020 thru 07 October 2021

NET AMT

Opt 3 RAM

Standard Work see PWS

Option Yr 3 08 October 2020 thru 07 October 2021

NET AMT

Special Events

Special Events see PWS

Option Yr 3 08 October 2020 thru 07 October 2021

NET AMT

Emergency Response

Emergency Response see PWS

Option Yr 3 08 October 2020 thru 07 October 2021

NET AMT

CMRA

CMRA

Option Yr 3 08 October 2020 thru 07 October 2021

NET AMT

Mandatory Training

Mandatory Training see PWS

Option Yr 4 08 October 2021 thru 07 October 2022

NET AMT

Opt 4 RAM

Standard Work see PWS

Option Yr 4 08 October 2021 thru 07 October 2022

NET AMT

Special Events

Special Events see PWS

Option Yr 4 08 October 2021 thru 07 October 2022

NET AMT

Emergency Response

Emergency Response see PWS

Option Yr 4 08 October 2021 thru 07 October 2022

NET AMT

CMRA

CMRA

Option Yr 4 08 October 2021 thru 07 October 2022

NET AMT

PEFORMANCE WORK STATEMENT

STATEMENT OF WORK

CONTRACT WORKING DOG DETECTOR TEAMS SERVICES

United States Army Garrison, West Point, NY 10966

1. INTRODUCTION: Contractor shall provide Explosive and Narcotics Detection services at United States Army Garrison, West Point, including the Visitor Control Center, Camps Buckner and Natural Bridge on a scheduled basis, for special events and for emergency response. The contractor shall provide all management, supervision, personnel, materials, equipment, and supplies. The contractor shall also plan, schedule, and coordinate effective performance of these services.

2. SERVICES REQUIRED: The contractor shall provide two to eight (2-8) trained and certified Explosives Working Dog (EWDT) Teams and two to four (2-4) Narcotics Working Dog Teams (NWDT) (IAW AR 190-12 and DA PAM 190-12) to the USAG West Point as described below. Each team consisting of one dog with the same handler. Contractor shall have (90) ninety days after the award of the contract to complete the Department of the Army Certification according to Army Regulation 190-12, Chapter 3 (3-2) and Appendix E and DA PAM 190-12; or higher standards certification for all Working Dog teams. The contractor will not be allowed to actively work on West Point until they have completed the above mentioned certification. It is the responsibility of the contractor to provide certified teams to meet the parameters of the contract. Teams failing certification will have replacement teams in place within 48 hours of failure.

3. DUTIES OF WDTs:

a. Scheduled Access Control Point Inspection Program: These teams shall inspect incoming vehicles with special emphasis on cargo vehicles at three primary and five alternate access control points:

(1) Primary:

(a) Thayer Gate

(b) Stony Lonesome Gate

(c) Washington Gate

(2) Alternate:

(a) South Post

(b) Visitor Control Center

(c) Camp Buckner/Camp Natural Bridge during Cadet Basic Training/Cadet Field Training/Commissary and Post Exchange

(d) Grant/606 Turn Around ACP

(e) Arvin Gym ACP

b. The WDT schedule shall be integrated into the Installation Random Anti-terrorism Program by conducting searches in conjunction with the guard or inspection forces that are performing access control duties.

c. Frequency: The Contracting Officer’s Representative (COR) will provide the contractor a monthly work schedule which will be provided no less than fourteen days and no more than thirty days prior to the last day of the previous month. The schedule will include the following:

(1) Dates and locations of the mandated weekly training, IAW AR 190-12

(2) Random Anti-terrorism Measures (RAM) schedule

(3) Special events requiring WDT services

(4) ACP location for searches

d. When the Installation Force Protection condition is raised and at the advice of the COR and the direction of the Contracting Officer, the contractor shall staff certified WDT to meet the additional security requirements. The frequency will be increased or decreased based upon direction from the following:

(1) COR

(2) Director of Emergency Services (DES)

(3) Provost Marshal (PM)

(4) DES Sergeant Major (SGM)

e. Emergency Response:

(1) Contractor shall provide immediate response (responding within five (5) minutes or less) if there are certified EWDTs on the installation.

(2) If certified EWDTs are not on the installation, a one hour response is required unless mutually agreed upon by both parties in advance.

(3) If the contractor has a certified EWDT working on the installation, the COR or designated official will request that the team respond to the scene via cell phone and/or radio notification. Radio will be provided by West Point Directorate of Emergency Services.

(4) If the contractor does not have a certified EWDT working on the installation and is requested to provide an emergency response, the certified EWDT shall be required to be at the installation access control point within one hour or less, from the time of the call.

4. QUALIFICATIONS OF CERTIFIED WDTs:

a. Each Contractor EWDT and NWDT shall be comprised of one certified dog and one certified handler that certified as a team and that are highly trained and experienced in conducting detection sweeps for the full range of narcotics odors or explosive odors that are outlined in AR 190-12, Appendix E, para E-5 and DA Pam 190-12, Chapter 5, para 5-2.

b. WDTs shall conduct sweeps of vehicles, persons, and facilities, in urban and rural settings, and sometimes around other animals.

c. Canine handlers shall possess the following traits: temper control, patience, self-discipline, maturity, and neatness. A common uniform and appearance shall be required by all EWDTs. Work clothes such as golf shirts and cargo pants are acceptable as long as they are neat, clean and uniform. Handlers will meet the criteria established in AR 190-12. Hair and facial hair will be neatly groomed and have a professional appearance.

d. Each handler shall have a minimum of two (2) years of successful experience in security (law enforcement - military or commercial) and have a minimum of two (2) years of successful experience with canines in law enforcement and/or security.

e. Handlers will be graduates of a recognized military (Lackland AFB training), police or commercial certified canine school. Canines shall be certified and contractor shall maintain this certification in accordance with Army Regulation 190-12, and the North American Police Working Dog Association Standards (or equivalent). If certified in other than the stated organization, contractor shall provide certificate of proof and information regarding same. (When contracted by Department of the Army the canines must be certified according to AR 190-12 standards, and re-certified annually thereafter).

f. Canines shall be trained for narcotic or explosive detection only. Canines trained as dual-use or patrol dogs shall not permitted.

g. Canines shall maintain a calm temperament at all times and be suitable to be in and around large groups of people.

h. WDTs will be certified IAW AR 190-12 prior to award of contract. It is the contractors’ responsibility after award to procure and ensure utilization of the DOD approved training aids IAW AR 190-12.

i. All WDTs teams are required to conduct 6 hours of training per team each week in accordance with AR 190-12, Chapter 3, para 3-5. All training will be at Government expense and will be recorded on DA Form 3992. Four hours of weekly training will be focused on detection to achieve and maintain the 95% find rate; two hours of weekly training will be to enhance obedience skills. Contractor will provide copies of DA Form 3992 documentation and the COR will maintain records for one year and provide copies to the Contracting Officer.

j. All training will be conducted on West Point under the supervision of the COR and will be conducted in concurrence with Random Anti-Terrorism Measures (RAM) operations and RAM locations.

k. In accordance with DA PAM 190-12, explosives training will be conducted using the Explosives Scent Kit. All EWDTs must maintain a detection proficiency of 95 percent or better on each of the following explosives:

l. In accordance with AR and DA PAM 190-12, narcotics training will be conducted using the narcotics training aids registered with the DEA. All NWDTs must maintain a detection proficiency of 90 percent or better on each of the following narcotics:

m. Validation testing will also be required quarterly, with oversight by the COR, to verify the quality and effectiveness of initial training and sustainment training. Validation will also be used to verify the accuracy rates that are recorded on the DA Form 3992. (Explosives Detector Dog Training and Utilization Form). At any time a EWDT’s working performance is in question, validation testing will be required at the COR’s discretion. Any team not certified to DA standards must first undergo validation prior to recommending the EWDT for certification.

n. WDT handlers will follow local commanders’ protection and safety directives and policies.

o. WDTs will have a quarterly check-up performed by the West Point Veterinarian to ensure the health of the WDT is IAW 190-12. Document received from the veterinarian will be provided to the COR for record keeping. At any time a EWDTs working performance is in question, validation testing will be required at the CORs discretion.

p. Point of contact for all certification and testing standards is the IMCOM MWD Program Manager, Dave Barnes at 210-466-0513 or david.l.barnes5.civ@mail.mil.

5. SCHEDULING:

a. Scheduled Access Control Point Program: The COR will dictate the “random” schedule for this portion of the contract.

b. Special Events: Additional EWDTs may be required to support security at numerous special events. Special events include but are not limited to: football games, graduation, Reception Day, Cadet march-back, Ring weekend, VIP dinners and gatherings, Band Concerts (at the outdoor amphitheater), cadet briefings, VIP visits, etc. Special Events will be scheduled by the COR with the contractor approximately one (1) month in advance of event when possible. Special Events vary widely in scope and depth and shall require one to ten (1-10) CWDTs working for a short term of approximately four (4) hours, or a long term of approximately twelve (12) hours, often in various locations on the installation.

6. TOOLS AND EQUIPMENT SUPPLIED BY THE CONTRACTOR:

a. It is the contractors’ responsibility after award to provide the DOD approved training aids IAW AR 190-12.

b. All teams shall be equipped with a contractor-supplied cell phone for communications with the COR and Military Police Desk Sergeant.

c. All teams shall have a contractor-supplied vehicle capable of transporting the EWDT both on and off the installation.

d. EWDTs shall be self-sufficient and not require any additional support from USAG West Point.

e. Care, training, feeding, watering, and housing of the canine shall be the contractor’s responsibility.

f. Severe weather gear for the EWDTs shall be the responsibility of the contractor.

7. RANDOM TESTING:

a. The Government reserves the right to test the awarded contractor’s response time to emergencies. Testing may be made at any time during the term of the contract, without prior notice to the contractor.

8. ESTIMATED QUANTITIES:

a. Mandated training IAW AR 190-12: 312 hours

b. Standard work schedule and RAMs: 1238 hours

c. Special Events (football, concerts): 445 hours

d. Emergency Response: 50 hours

Total Hours = 2045 hours

References:

AR 190-12: Military Working Dog Program ATP 3-39.34: Military Working Dogs; Appendix H: Contract Working Dogs DA PAM 190-12: Military Working Dog Program

PRS

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

Performance Objective (from PWS Section 5)

Trends of less than acceptable performance could result in reductions in monthly payments at the discretion of the Contracting Officer.

(2) If certified EWDTs are not on the installation, a one hour response is required unless mutually agreed upon by both parties in advance.

Contractor compliance shall be tallied for CPAR reporting periods.

Trends of less than acceptable performance could result in reductions in monthly payments at the discretion of the Contracting Officer.

Trends of less than acceptable performance could result in reductions in monthly payments at the discretion of the Contracting Officer.

Performance Objective (from PWS Section 5)

Trends of less than acceptable performance could result in reductions in monthly payments at the discretion of the Contracting Officer.

i.Charge, demo, block M112 ii.Trinitrotoluene (TNT) iii.Cord, detonating (5ft lengths) iv.Water Gel, (1 pound stick) v.Smokeless Powder (1 pound can) vi.Dynamite (40% Nitroglycerin) vii.Dynamite (75% ammonium nitrate) viii.Sodium and Potassium Chlorates ix.Home Made Explosives

Trends of less than acceptable performance could result in reductions in monthly payments at the discretion of the Contracting Officer.

i. Heroin

ii. Cocaine

iii. MDMA

iv. Hashish

v. Marijuana

vi. Methamphetamine

Trends of less than acceptable performance could result in reductions in monthly payments at the discretion of the Contracting Officer.

SET -ASIDE

100% Set-Aside for Women Owned Small Business.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

07-OCT-2018

CPT CODY SIMULA

616 SWIFT ROAD

WEST POINT NY 10996

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

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

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

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.

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)

(a) Definition. Women-owned business concern, as used in this provision, means a concern 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; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ___ ) is a women-owned business concern.

CLAUSES INCORPORATED BY FULL TEXT

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.

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.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 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.

52.212-3 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.