W911XK20R0006.pdf
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- Solicitation number
- W911XK20R0006
About this file
This is a solicitation for a blanket purchase agreement to establish recurring inspection and maintenance services for Caterpillar engines and equipment located at U.S. Army Corps of Engineers facilities. The solicitation seeks services including annual engine inspections, maintenance, repairs, load bank testing, and provision of parts for Caterpillar engines powering tugs, loaders, barges, cranes, and generators at the Soo Area Office in Sault Ste. Marie, Michigan. The agreement period is five years with a maximum total award amount of $375,000 and minimum and maximum call limits of $2,500 and $40,000 respectively. Quotes are due by 2:00 PM on January 3, 2020. The solicitation includes details on contractor qualifications, scope of work, and security requirements at the government facility.
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| File | Type | Posted |
|---|---|---|
| W911XK20R0006-0002.pdf | ||
| W911XK20R0006-0001.pdf | ||
| Questions and Answers Sheet 2.pdf | ||
| Questions and Answers Sheet.pdf | ||
| W911XK20R0006.pdf |
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SEE ADDENDUM
(No Collect Calls)
W911XK20R0006 16-Dec-2019
b. TELEPHONE NUMBER
313.226.3189
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 03 Jan 2020
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.
W911XK9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
EMERY MOSER
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
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
U.S.ARMY ENGINEER DISTRICT, DETROIT
477 MICHIGAN AVENUE, 7TH FLOOR
DETROIT MI 48226-4523
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 965411 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
SOO AREA OFFICE
KEVIN SPRAGUE
312 PORTAGE AVENUE
SAULT STE. MARIE MI 49783-2445
TEL: FAX:
FAX:
TEL: (313) 226-6819 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$8,000,000
NAICS:
811310
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 OF52
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.
W911XK20R0006
Section SF 1449 - CONTINUATION SHEET
INSTRUCTIONS TO OFFERORS
1. All offerors are reminded to complete and submit with your quote all FAR and DFARS Provisions related to Representations and Certifications.
2. Offerors shall complete and submit any additional full text certifications that are included in the solicitation. An offeror may also complete the certifications at https://www.sam.gov in lieu of completing the representations and certifications in this solicitation provided that all the FAR and DFARS certifications contained in the solicitation have been completed on-line.
3. All offerors shall be registered at https://www.sam.gov with the NAICS code that is shown on the front page of the SF 1449 in Block 10 prior to submission of the quote.
4. Remember to sign the SF 1449 before submitting your offer.
5. Submit offer via email to LRE-Quotes@usace.army.mil and Emery.S.Moser@usace.army.mil.
6. Submit questions via email to LRE-Quotes@usace.army.mil and Emery.S.Moser@usace.army.mil.
PERFORMANCE WORK STATEMENT
STATEMENT OF WORK FOR BLANKET PURCHASE AGREEMENT FOR
CATERPILLAR® ENGINE INSPECTION AND MAINTENANCE SERVICES
U.S. ARMY CORPS OF ENGINEERS, DETROIT DISTRICT
1. GENERAL REQUIREMENTS:
The U.S. Army Corps of Engineers (USACE) is seeking to establish a blanket purchase agreement (BPA) with the purpose of procuring recurring services involving the inspection and maintenance of existing Caterpillar® engines and equipment at USACE Detroit District facilities located in the upper Great Lakes region. The majority of the engine and equipment maintenance services needed will be located at the Soo Area Office (SAO) in Sault Ste.
Marie, MI.
The contract shall cover a period of five (5) years from the date of issued agreement.
The contractor must provide the necessary tools, diagnostic equipment, and materials to self-perform the full range of Caterpillar® diagnostics, engine analysis, inspections, maintenance, tune-ups, and repairs, as well as load bank services to a variety of Caterpillar® Engines and equipment located on floating plant and equipment at SAO.
Floating plant and equipment includes engines for tugs, loaders, derrick barges, a gate-lifter, cranes, and generators.
All services are to be provided in the field, the specific location will be indicated in each BPA call. Transportation to and from the equipment location via government craft will be provided when not accessible by land. The contractor shall be capable of providing service 24 hours per day, 7 days a week.
All repairs shall be performed in accordance with contract terms and specification descriptions as ordered. All work is to be performed to the engine manufacturer’s requirements as detailed in the service manuals for each engine, as noted in the training classes conducted by Caterpillar® Diesel, as noted in service bulletins, and/or as otherwise directed by Caterpillar® Inc.
Typical services shall begin within 7 days of the initial request. In the case of an equipment malfunction designated as an emergency, the government designated representative (GDA) may request services to begin within 48 hours of the contractor notification.
Normal working hours of work are based upon navigation season. April-December hours of work are 0700-1730 Monday through Friday excluding Federal Holidays as listed below, with a ½ hour for lunch. January-March hours of work are 0700-1530 Monday through Friday excluding Federal Holidays as listed below, with a ½ hour for lunch.
The contractor should plan for a lunch period between 1200-1230 hours, exceptions could apply but will need coordination with the GDA in advance. Work may be required outside of these work hours in emergency situations.
All days should be considered calendar days.
Federal Holidays:
• Christmas Day
• New Year’s Day
• Birthday of Martin Luther King, Jr
• Washington’s Birthday
• Memorial Day
• Independence Day
• Labor Day
• Columbus Day
• Veterans Day
• Thanksgiving Day Anticipated minimum and maximum total order quantities are specified in paragraph (4) below.
2. SCOPE OF WORK:
The work to be performed will be repair work, ranging from minor troubleshooting and related adjustments to performing any repair work on the engine or equipment that can be accomplished without removal of the block from the vessel or facility. The work will include all accessories to the engine that are detailed and referenced in the
Caterpillar® Diesel Engine manuals and parts books. The accessories will include marine reduction gears and generators where furnished from the dealer installed on the engine.
A detailed Scope of Work will be transmitted to the contractor for each order (call) with a request to provide a proposal for the associated services. Work may include or be similar to the following:
a) Provide annual engine inspections and minor maintenance service/adjustments for the listed Caterpillar® engines plus the C3.3B DIT engine built by Kubota® for the Caterpillar® Wheel Loader. Work shall be performed in accordance with the engine manufacturers’ service manuals, manufacturer specific training classes, and/or as noted in service bulletins.
b) Supply parts, if necessary, by the original equipment manufacturer (O.E.M.) or parts that are equal in all respects. Parts lists generated from an inspection or service that will be required for a repair are to be furnished to the Government in an approved electronic format. A hand written list is adequate for near real-time procurement of the parts. The list shall include, at minimum, a part description, a part number, and an estimated cost.
c) The parts to be provided may include all parts for a given engine type and configuration. The vendor is to be able to supply any parts within 48 hours or 24 hours when parts are available in stock in a major depot and ordered before 1400.
d) In association with an inspection, provide a written Engine Inspection Report, with the reports turned in to the GDA. Each Engine Inspection Report shall include:
1. A comprehensive list of all inspection points, identified with an Item Number, and a rating of “Satisfactory”, “Unsatisfactory”, or “Not Applicable” for each point.
2. A listing of all adjustments or minor service performed on the engine.
3. A list of all equipment deficiencies, and recommendations for additional repair/service
4. If replacement parts or major maintenance are necessary, provide a comprehensive list of parts, maintenance, and repair procedures.
The Government may provide a qualified equipment operator and at least one laborer for each inspection and will be indicated in the scope for each call. Availability of Government personnel will be outlined in Outside of advising of safe clearance procedures, the SAO will not provide electrical support to the contractor. The contractor must provide any required electrician support required for the service procedures.
The following list provides information associated with engines typical to the SAO, but is in no way meant to be all inclusive and may vary over the term of the contract:
a) Tug FREDERICK - Installed as the main propulsion power. M/N: 3412, S/N: 60M01658, Marine Gear 520, Spec # 36538, S/N 3L2169 with reduction ratio 4.03:1
b) Crane Barge HARVEY – Installed as crane engine and air compressor drives: Manitowoc 3900: M/N:
3406, S/N: 6TB16263, Air Compressor Drive: M/N: 3406, S/N: 2WB17410
c) Derrick Barge NICOLET – Installed as main propulsion engine & generators: Main Engine: M/N: 3408C, S/N: 99U09547, Generators (2 ea): M/N: 3304, S/N: 83Z12350 and S/N: 83Z12351
d) Gate Lifter PAUL BUNYAN - Installed as primary power source: M/N: 3406-I, S/N: 2WB02984, arrangement 4W3805
e) Facility generator – Installed as Area Office Standby Generator: M/N: 3516-Sin, S/N: 25Z02009, arrangement 2W8404
f) Caterpillar® 907M Compact Wheel Loader with C3.3B DIT engine built by Kubota® for Caterpillar®.
g) Caterpillar® 289D Compact Track Loader with C3.3B DIT engine built by Kubota® for Caterpillar®.
h) Caterpillar® 308 Compact Excavator with C3.3B DIT engine built by Kubota® for Caterpillar®.
3. FIELD SERVICE TECHNICIAN REQUIREMENTS:
Field inspection and repair technicians must be mechanics trained and certified by Caterpillar®, through a Caterpillar® approved training program for industrial, electrical power generation, and marine applications.
The desired minimum experience required for service technicians is as follows but may be adjusted based on availability of personnel:
Equipment Experience on Equipment Type Caterpillar® Engines and equipment 4,000 hours experience plus Caterpillar® Engine Service certification Kubota® C3.3B DIT engine built for 4,000 hours experience plus Caterpillar® Caterpillar® Wheel Loader Engine Service certification For continuity and maintenance of technical knowledge, to the maximum extent practicable, provide the same inspector/mechanic for each engine during the life of the agreement.
4. SAFETY REQUIREMENTS:
Contractor shall follow all EM 385-1-1 and OSHA regulations for work/service being provided. Basic PPE requirements include but not limited to: eye protection, hearing protection, hard hat, up to Class 3 high-visibility work wear, safety toe work boots, and Type III USCG-approved personal flotation devices. Additional personal protective equipment and training, to include fall protection and confined space training, may be required for work in specific locations and will be included as needed on individual calls.
5. SECURITY REQUIREMENTS:
The Soo Area Office is a secure facility, and personnel working at the project site are subject to security rules and regulations that apply to work at an international port and within a Government-managed facility. The following requirements apply to all contractor personnel, subcontractor personnel, suppliers, and vendors who may perform work at the site.
a) Security Requirements and Clearance of Personnel
i) The work area is under civilian guard and is located in an area where security regulations are in effect.
ii) The Contractor shall acquaint itself with the prevailing security rules and regulations and comply therewith in conducting its operations.
iii) All personnel employed by the contractor in the performance of the services specified in this contract or any representative of the Contractor entering the work area shall conform to all security regulations and rules which may be in effect during the contract period.
b) E-Verify Program
i) The Contractor must screen all personnel using the E-verify Program (http://www.dhs.gov/e-verify) to meet the established employment eligibility requirements.
ii) The Contractor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system.
iii) An initial list of verified/eligible employees shall be provided to the COR no later than 3 business days after the initial contract award.
c) Clearance of Personnel
i) All contractor and subcontractor employees entering the work site are required to have a background investigation to include a National Agency Check conducted along with a local records check and FBI National Criminal History Check (fingerprint check).
ii) The government will provide the required forms and conduct electronic fingerprinting.
iii) The contractor will be required to complete the forms and obtain fingerprints for each employee.
iv) The completed paperwork shall be provided to the Contracting Officers Representative.
v) Each employee prior to starting work on the site must have a favorable adjudication.
vi) Contractor and subcontractor employees who have had a prior investigation by the Department of Defense or any of its sub departments will have their prior background investigations reviewed on a case by case basis for determination if the investigation is acceptable or current.
vii) All contractor and subcontractor employees in possession of a valid/current TWIC (Transportation Worker Identification Card) may forgo the background investigation process upon review/approval from the Detroit District Security Office, on a case by case basis.
viii) Contractor and subcontractor employees, who are in the process of obtaining a TWIC at the time of Contract execution, will not be accepted for clearance, these persons must undergo the background investigation process administered by the U.S. Army Corps of Engineers, Detroit District.
ix) Contractor and subcontractor employees in possession of a TWIC and who are Foreign Nationals must undergo a background investigation regardless of TWIC possession.
d) Security Access List
i) The contractor shall be required to maintain a list of personnel needing access to the site.
ii) The list shall be updated at least weekly or each time a change is made.
iii) The template for the list will be provided to the contractor at the Pre-construction conference.
e) Security Checks
i) The Contractor's employees must enter the site through the main security checkpoint unless otherwise approved by the Contracting Officer.
ii) All employees must carry pictured identification at all times.
iii) They must show I.D. upon request by security personnel.
iv) The Contractor's employees will be subject to such additional checks as may be deemed necessary to ensure that no violation of security rules has occurred.
f) Exclusion or Expulsion from the Site
i) A negative background investigation may result in the exclusion or expulsion of the contractor employee from the site as determined by the District Security Office in accordance with AR 380-67. Failure to observe the security rules will result in the exclusion or expulsion of Contractor employees from the site.
ii) Exclusion or expulsion of an employee resulting from negative background check or the failure of an employee to observe the security rules shall not be subject to the Disputes clause and shall not result in an increase in the contract amount.
The government anticipates multiple Master BPA agreements to be issued based on the determined set aside, determination of contractor responsibility, price and past performance. The determination of responsibility will be evaluated according to the General Standards listed in FAR 9.104-1 FAR. Selected contractors will be issued a solicitation and a Master BPA agreement.
Master BPA Limit is $375,000.00.
BPA Call Limits
$2,500.00 MINIMUM
$40,000.00 MAXIMUM
Security Requirements A. Conformance with Local Laws and Regulation: All personnel employed by the Contractor in the performance of the services specified in this agreement or any representative of the contractor entering the federal controlled facilities lands and any area off federal lands where inspections are conducted shall conform and comply with all applicable federal, state, and local statutes and regulations. It is the contractor's responsibility to be aware of the prevailing statutes and regulations of the work areas.
B. Pre-screening of contractor candidates via E-verify Program: 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 E-Verify verification sheet for each new verified/eligible employee, working under this agreement, must be provided to the Government no later than 3 business days after issuance of a service call on which the employee will work. (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).
C. Security Checks: Contractor employees must carry pictured identification at all times they are present at a federal facility. They must show I.D. upon request by City/State/Government personnel. The Contractor's employee must possess a copy of the order/call with them while they are present at a federal facility.
D. Security Access List: The contractor shall be required to maintain a list of personnel needing access to the site.
The list shall be updated at least weekly or each time a change is made. The template for the list will be provided to the contractor at the Preconstruction conference.
E. Exclusion or Expulsion from the Site: A negative background investigation may result in the exclusion or expulsion of the contractor employee from the site as determined by the District Security Office. Failure to observe the security rules will result in the exclusion or expulsion of Contractor employees from the site. Exclusion or expulsion of an employee resulting from negative background check or the failure of an employee to observe the security rules shall not be subject to the disputes clause and shall not result in an increase in the contract amount.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
CATERPILLAR ENGINE I
FFP
NSPECTION AND MAINTENANCE SERVICES
BPA YEAR ONE
FOB: Destination
NET AMT
0002 1 Job
CATERPILLAR ENGINE I
FFP
NSPECTION AND MAINTENANCE SERVICES
BPA YEAR TWO
0003 1 Job
CATERPILLAR ENGINE
FFP
INSPECTION AND MAINTENANCE SERVICES
BPA YEAR THREE
0004 1 Job
CATERPILLAR ENGINE I
FFP
INSPECTION AND MAINTENANCE SERVICES
BPA YEAR FOUR
0005 1 Job
CATERPILLAR ENGINE I
FFP
INSPECTION AND MAINTENANCE
BPA YEAR FIVE
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-JAN-2020 TO
31-DEC-2024
N/A SOO AREA OFFICE
KEVIN SPRAGUE
312 PORTAGE AVENUE
SAULT STE. MARIE MI 49783-2445
965411
0002 POP 01-JAN-2020 TO
31-DEC-2024
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-JAN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-JAN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-JAN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-16 (Dev) Preventing Personal Conflicts of Interest (AUG 2018) (Deviation 2018-O0018)
AUG 2018
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.211-6 Brand Name or Equal AUG 1999
52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)
OCT 2018
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small
Business Concerns (DEVIATION 2019-O0003).
JAN 2019
52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option Contracts)
AUG 2018
52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.242-13 Bankruptcy JUL 1995 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 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 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
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
MAY 2019
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.
JAN 2018
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 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
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 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019
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)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)
(a) Definitions. As used in this provision--
Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Representation. The Offeror represents that--
It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--
(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. 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--
“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.
“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).
“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 pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” 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.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [____] is, [____] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [____] is, [____] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [____] is, [____] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [____] is, [____] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [____] is, [____] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [____] is, [____] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [____] is, [____] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _____________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [____] is, [____] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [____] is, [____] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [____] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [____] is, [____] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [____] is, [____] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ____________________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
____ Black American.
____Hispanic American.
____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
____Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [____] has, [____] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [____] has, [____] has not, filed all required compliance reports.
(2)…
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