Solicitation_W911XK18R0012_Fox_River_Dam_Network_Maintenance.pdf
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CODE
(Hour)
PAGE(S)
until 02:00 PM local time 07 Dec 2018
A X B X C
D
EX
X G F 22 - 27
28 - 36 X H 37 - 40
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 40
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
W911XK 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 2 3 - 4
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT
PACKAGING AND MARKING
5 - 9 J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 12 - 13 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
14 - 21
PART II - CONTRACT CLAUSES
U.S.ARMY ENGINEER DISTRICT, DETROIT
477 MICHIGAN AVENUE, 7TH FLOOR
DETROIT MI 48226-4523
(313) 226-6819
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
07 Nov 2018
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W911XK18R0012
Section A - Solicitation/Contract Form
INFORMATION FOR OFFERORS
General
1. This solicitation is issued to request proposals from prospective contractors (offerors) for the establishment of one or more blanket purchase agreements through which to issue orders (calls) for repair and maintenance services on federally managed dams, controls, and management systems along the Lower Fox River in Wisconsin. The North American Industry Classification System (NAICS) Code for this work is 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance. See SECTION C of the Solicitation for the following information:
Statement of Work Terms and Limits of Agreement Minimum Qualifications; and Security Requirements.
2. This solicitation is a Request for Proposals, and a prospective contractor is to submit an offer in the form of a proposal. The terms “bid” and “bidder”, where used in standard forms, clauses, and requirements, shall be construed as having the same meaning as “offer” and “offeror” in this solicitation and resulting agreement.
Prices
Each blanket purchase agreement (BPA) will include unit prices for labor hours and expenses that will be common to most calls. Offerors are directed to SECTION B, where required unit prices are identified, and where each offeror is directed to indicate the proposed unit price for each item in each respective performance year for the agreement. Offerors must include a price for each item, and failure to include any or all of the requested prices could result in the proposal being eliminated from consideration for award of a BPA.
Representations and Certifications
SECTION K includes a company profile page that must be completed by each offeror. This section also includes representations and certification statements that apply to this solicitation. Provision 52.204-8 requires that the offeror submit a copy of the provision with Paragraph (d) completed if any of the Offeror’s current representations in the Government’s System for Award Management (SAM) do not apply to this Solicitation.
Instructions for Submitting Offers
SECTION L provides instructions for submitting a proposal for this Solicitation.
Evaluation Factors for Award
The Government will evaluate proposals and award agreements according to the methodology indicated in SECTION M. Offerors are directed to read this section carefully to understand the basis on which each offeror’s pricing, work history, and technical qualifications will be considered.
Clauses and Provisions
Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text. Clauses and provisions in this document may not appear in consecutive order.
Section B - Supplies or Services and Prices
PRICE SCHEDULE
The following unit price cost items will be incorporated into the Blanket Purchase Agreement (BPA). Individual orders (calls) against the BPA will be priced based on approved prices as provided herein, plus fair market pricing for additional materials, labor, and expenses that may be required for an individual call.
Item Description Cost Units
Unit Price, Agreement
Year 1 December 2018- December 2019
Unit Price, Agreement
Year 2 December 2019- December 2020
Unit Price, Agreement
Year 3 December 2020- December 2021
Service Manager Hours $ $ $
Electrician (Standard Time) Hours $ $ $
Electrician (Overtime) Hours $ $ $
Network Technician (Standard Time) Hours $ $ $
Network Technician (Overtime) Hours $ $ $
Laborer (Standard Time) Hours $ $ $
Laborer (Overtime) Hours $ $ $
Round-Trip Mobilization to and from Appleton, Wisconsin
Each $ $ $
Overnight Lodging at Appleton, Wisconsin
Each $ $ $
Additional/Other Mobilization Mile $ $ $
Notes:
1. All prices are in United States Dollars.
2. Labor prices reflect the fully burdened cost for each labor hour, including salary, benefits, taxes, overhead, administration, profit, and other factors as may apply.
3. Travel costs include all fuel, vehicle mileage, taxes, tolls, meals, and support as necessary to position personnel at the work site.
4. Labor, parts, materials, and expenses which are not priced in this agreement will be established at fair market pricing prior commencement of work on any call.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
BLANKET PURCHASE AGREEMENT FOR
FFP
MAINTENANCE AND REPAIRS OF FOX RIVER DAM SYSTEMS
THIS SECTION IS FOR GOVERNMENT USE ONLY. CALLS PLACED
AGAINST THIS AGREEMENT WILL BE FUNDED AND PRICED ON AN
INDIVIDUAL BASIS.
ENTER UNIT PRICES IN THE PRICE SCHEDULE ON PAGE 3.
FOB: Destination
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
A. General. The U.S. Army Corps of Engineers (USACE) is seeking to establish blanket purchase agreements (BPAs) for the purpose of procuring recurring services involving maintenance, troubleshooting, repairs, and integration work for the security system, Industrial Control System (IC System), and site-wide supervisory control and data acquisition (SCADA) network system for the Fox River Project at Appleton, Wisconsin. USACE owns and operates nine federal dams on the Lower Fox River in Northeastern Wisconsin. The locations are:
1) Operations Control Center, Appleton, Wisconsin
2) Menasha Dam, Menasha, Wisconsin
3) Appleton Upper Dam, Appleton, Wisconsin
4) Appleton Lower Dam, Appleton, Wisconsin
5) Cedars Dam, Kimberly, Wisconsin
6) Little Chute Dam, Little Chute, Wisconsin
7) Kaukauna Dam, Kaukauna, Wisconsin
8) Rapide Croche Dam, Wrightstown, Wisconsin
9) Little Kaukauna, Little Rapids, Wisconsin
10) DePere Dam, De Pere, Wisconsin
The nine dams and operation center covered under this BPA include seventy-three (73) tainter gates, electrical circuits, all network communication control hardware, security and camera system and equipment associated with each dam and operations center. The remote operating system consists of a closed circuit industrial control system to make it possible to remotely operate dam gates from the secure operations room in the Project Office. The IC System is a closed system consisting of Rockwell Automation (also known as Allen-Bradley) hardware, Rockwell Automation FactoryTalk SCADA software, Pelco camera network and Milestone software as well as third-party data communication hardware and software for each site.
The North American Industry Classification System (NAICS) Code for this work is 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance.
B. Description of Work. The Contractor shall provide qualified service personnel and incidental parts to maintain and repair the electrical components of the supervisory control and data acquisition (SCADA) system, industrial control (IC) system, closed circuit camera network hardware and software, and programmable logic controller (PLC)-related system components on nine Government-owned dams and Operations Control Center on the 40-mile-long Lower Fox River in Eastern Wisconsin. Services to be provided will include activities including or similar to inspections, repair services, software programming, electronic hardware service and replacement, parts lists, maintenance and repair procedures, maintenance and repair assistance and oversight, inspection and service reports, supply of OEM or equal parts. All work is to be performed to the equipment manufacturer’s requirements as detailed in the original equipment manufacturer’s (OEM’s) service manuals, manufacturer specific training classes, and/or as noted in service bulletins.
C. Pricing. The Government will contact the Contractor to communicate the intended scope of work and to request pricing before placing any order (call) against the BPA. Pricing may be requested on either a sole-source or competitive basis, depending on the anticipated price and on the federal statutes and regulations that apply to the specific requirement for which services are to be provided. The Contractor shall provide a priced offer as requested, with such price being a compilation of unit prices provided under this agreement with a fair and reasonable quantity and distribution of labor hours. If the Government determines that the offered price is fair and reasonable, and if the Government determines that the Contractor meets all requirements for award of an order as of the date of the call, then the Government will issue a call to the Contractor at the approved price.
D. Service Reports. After each installation and/or service call the service technician shall prepare a brief report to describe and document the installation or service performed. The reports shall be emailed to the person identified for the individual call.
E. OEM Parts. All supplied parts shall be genuine OEM, or equal, replacement parts in all respects. Parts will be packaged by assembly and identified by part number. Shipments containing parts which are not so packaged and identified will be rejected.
F. Assignment of Service Technician. To the maximum extent that is practical, the Contractor shall provide the same service technician(s) for each type of work for the duration of the agreement. The Contractor shall provide a written explanation if a substitute or staffing change is proposed. An authorized Government official must grant approval before any service technician is granted permission to install or service any of the electrical and communication equipment covered under this agreement. The Contractor shall ensure that communications between different service persons takes place and is sufficient to support the required effort.
G. Safety Program. The contractor will be subject to U.S. Army Corps of Engineers safety policies as outlined in Engineering Manual Number 385-1-1, which is available online at:
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf
H. Facility Access. The Government will provide safe and reasonable access to the dams and facilities for the purpose of working on service calls. A point of contact will be provided for each call.
I. Use of Utilities. The service technician will be permitted to utilize the telephone and electrical services at each facility as necessary for the requested work.
J. Access to SCADA System. Contractor access and work on the SCADA system shall be performed using a Government-supplied laptop computer, which will have appropriate software and network rights to perform the work as described. The government’s laptop computer must remain on Government property at all times. The contractor shall not remove it from the facility
K. Minimal Disruption. Work shall be performed in a professional and quiet manner that does not disrupt normal operations. Activities that require disruption will be scheduled in advance so Project Office personnel are made aware of any system disruptions.
L. Shipping Costs. Shipping and transportation costs associated for parts and materials shall be included in the price for each call.
M. Ordering Authority. Calls may only be placed or modified by an appointed Contracting Officer or Ordering Officer of the U.S. Army Corps of Engineers, acting within his or her warranted authority.
TERMS AND LIMITS OF AGREEMENT
A. Period of Performance. Three (3) years from award of the blanket purchase agreement (BPA). New orders
(calls) cannot be placed after the expiration date of the agreement.
B. Purchase Limit/Value of Individual Orders (Calls). The minimum value of any individual call shall be $2,500. The maximum value of any individual call will not exceed $250,000.
C. Extent of Obligation. The Government is obligated only to the extent of authorized purchases made under the
BPA
D. Contract Value
1. Minimum $0.00. It is intended that calls will be placed against each BPA that is awarded; however, there is not a minimum guaranteed value for the agreement.
2. Maximum $600,000.00. This limit may be reached by an accumulation of individual calls placed during the ordering period. New calls cannot be placed against the BPA after the maximum value has been reached. New calls cannot be placed with a value that would result in exceedance of the maximum contract value.
E. Delivery Tickets. All shipments under the BPA, except those for newspapers, magazines, or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:
1. Name of supplier.
2. BPA number.
3. Date of purchase.
4. Call number.
5. Itemized list of supplies or services furnished.
6. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).
7. Date of delivery or shipment.
F. Extent of Obligation. The Government is obligated only to the extent of authorized purchases made under the
BPA
G. Invoices. An itemized invoice shall be submitted at least monthly or upon expiration of the BPA, whichever occurs first, for all services and deliveries which have been completed during the billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets; however, each invoice shall include the call number and sufficient support documentation to confirm that the invoiced products and services have been provided. The name and address of the point of contact for invoice acceptance and payment by the Government will be included with each call.
MINIMUM QUALIFICATIONS
A. Certifications
The Contractor must meet the following technical qualifications as a condition of award any contract, agreement, order, or call:
Allen Bradley Certified System Integrator Status for Programmable Logic Controllers UL-Listed Panel Shop Registered Communications Distribution Designer (RCDD) Certifications National Institute for Certification in Engineering Technologies (NICET) Certifications for Security and
Fire Alarm Milestone Certified Design Engineers and/or Technicians Pelco Registered Partners Certification Familiarity with the Hirsch Velocity security management software and integration of multi door systems to include:
o Door contacts o Motion detectors o Access control readers.
B. Licensure of Electricians
Electricians working on federal property under this agreement must possess a non-residential license as a journeyman or master electrician in the State of Wisconsin. Apprentices and similar support tradesmen may work under the direction and supervision of a licensed electrician.
C. Response Time
The contractor must be able to respond on an emergency basis by being on site within three (3) hours from time of notification.
SECURITY REQUIREMENTS
A. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by the Corps of Engineers Detroit District Security Officer.
B. The Contractor’s workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by the Department of Defense, Department of Army, and local policy. In addition to the changes otherwise authorized by the terms of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.
C. 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), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available).
D. The contractor must provide the following information for every contractor or subcontractor employee entering the work locations:
1. Name: (Last, First MI (Jr./Sr.)
2. Date of Birth
3. Driver's License Number
4. State of Issue
5. Expiration Date of Driver’s License
6. Gender
7. Race
8. Citizenship
E. Should any contractor’s NCIC check come back negative, that particular contractor will not be permitted to enter the work site. It is the contractor’s responsibility to replace any workers not permitted on the work site.
Exclusion or expulsion of an employee resulting from a negative NCIC report shall not be subject to the disputes clause and shall not result in an increase in the contract amount.
F. The Contractor must pre-screen employment Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. (The purpose of using E-Verify is to ensure all contractors are U.S. citizens or documented foreign citizens with authority to work in the United States of America). The Contractor must ensure that each Candidate has two valid forms of Government-issued identification prior to enrollment to ensure that correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the Government before any call is issued under this agreement and not later than 30 calendar days after the date of contract award.
Section E - Inspection and Acceptance
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
CLAUSES INCORPORATED BY REFERENCE
252.246-7000 Material Inspection And Receiving Report MAR 2008
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 03-DEC-2018 TO
02-DEC-2021
N/A LAKE MICHIGAN AREA OFFICE
2619 EAST CAPITAL DRIVE
APPLETON WI 54911
FOB: Destination
H7L8120
52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991
Section H - Special Contract Requirements
REQUIRED INSURANCE
In reference to Clause 52.228-5 Insurance—Work on a Government Installation, the Contractor is required to possess the following minimum insurance when working at a Government facility or when otherwise present on Government property for work performed under this contract.
1. Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least Five Hundred Thousand Dollars ($500,000) shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.
2. General liability. The Contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least One Million Dollars ($1,000,000) per occurrence.
3. Automobile liability. The Contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least One Million Dollars ($1,000,000) combined single limit.
The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
4. Excess or umbrella liability. The Contractor shall provide liability insurance coverage for claims valued in excess of the other stated general and specific insurance requirements. This may be provided via an excess liability policy or via an umbrella liability policy. Such coverage will be rated to a value at least Four Million Dollars ($4,000,000) per occurrence.
(End of requirement)
EMPLOYMENT OF VETERANS
Emphasis for U.S. Army Corps of Engineers Contracts
In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:
U.S. Department of Labor Veterans employment: www.vets.gov/
Federal veteran employment information: www.fedshirevets.gov/index.aspx
Veterans’ Employment and Training Service (VETS): http://www.dol.gov/vets/
Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/
U.S. Army Warrior Transition Command Employment Index:
wtc.army.mil/modules/employers/index.html
Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes
Guide to Hiring Veterans:
https://obamawhitehouse.archives.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf
(End of requirement)
Section I - Contract Clauses
52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.211-6 Brand Name or Equal AUG 1999 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns OCT 2014 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-13 Notice of Set-Aside of Orders NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation MAY 2018 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement DEC 2007 52.227-3 Patent Indemnity APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form) APR 1984 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 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 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The
Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL
ITEMS) (AUG 2018).
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(v) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
(vi) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(vii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(viii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (APR 1984).
(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).
(iii) 52.232-11, Extras (APR 1984).
(iv) 52.232-25, Prompt Payment (JAN 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).
(vii) 52.233-1, Disputes (MAY 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (AUG 2018).
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).
(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).
(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).
(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).
(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))
(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).
(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program (FEMP) will be--
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).
(xv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
(xvi) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;
or contracts for construction of buildings or facilities.
(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).
(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).
(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)
(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)
(2) Listed below are additional clauses that may apply:
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.
(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).
(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).
(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil http://www.arnet.gov/far
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.
The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and 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
Manager (GS 13/Step 2) 44.99 – 12.19
Engineering Technician (GS 11/Step 2) 31.56 -- 8.55
Electrician (WL 12/Step 2) 33.56 -- 9.09
Laborer (WG 9/Step 2) 26.72 -- 7.24
52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
Portions of this contract are altered as follows:
None.
Section K - Representations, Certifications and Other Statements of Offerors
COMPANY INFORMATION
(CONTRACTOR, ENTER ALL INFORMATION)
COMPANY NAME: __________________________________________________________________
COMPANYADDRESS: __________________________________________________________________
CONTACT PERSON: __________________________________________________________________
PHONE NUMBER: _________________________ FAX NUMBER ________________________
EMAIL ADDRESS: __________________________________________________________________
BUSINESS SIZE (Check all that are applicable)
_____ Large Business _____ Small Business _____8(a) _____ HUBZone Business
_____ Woman-Owned _____ Veteran-Owned _____ Service-Disabled Veteran-Owned
Contractor is registered with SAM: ______ YES ______ NO (See FAR 52.204-7)
TAX ID # _________________________ CAGE CODE: ______________________________
Indicate Unique Entity Identifier Number(previously DUNS Number): ______________________________ (Note: See FAR 52.204-7. Unique Entity Identifier is a 9 digit numeric code.)
52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 811310.
(2) The small business size standard is $7,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. [NOTE: Provision 52.204-7 is included in the Solicitation.]
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[NOT APPLICABLE. Provision 52.204-7 is included in the Solicitation.]
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation.
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