I_A_7__Solicitation_W9124D-18-R-0051_CULP_13SEP18(1355).pdf
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Solicitation for Administrative Support for CULP Program.
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
1. REQUISITION NUMBER
0011003983-0003
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
W9124D18R0051 13-Sep-2018
7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME
INFORMATION CALL: RICHARD J. TORRES (502) 624-2281 12:00 PM 25 Sep 2018
9. ISSUED BY CODE W9124D 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: 100 % FOR:
MISSION AND INSTALLATION CONTRACTING CMD
MICC FORT KNOX
BLDG 1109B STE 373
SMALL BUSINESS
HUBZONE SMALL
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
NAICS:
199 6TH AVE
FORT KNOX KY 40121-5720 BUSINESS EDWOSB 611710
TEL: 502-624-2153 SERVICE-DISABLED
VETERAN-OWNED 8(A) SIZE STANDARD:
FAX:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
12. DISCOUNT TERMS
SMALL BUSINESS
13a. THIS CONTRACT IS A
13b. RATING
$15,000,000
MARKED
SEE SCHEDULE
RATED ORDER UNDER
DPAS (15 CFR 700) 14. METHOD OF SOLICITATION
RFQ IFB X RFP
15. DELIVER TO CODE W900NB 16. ADMINISTERED BY
US ARMY CADET COMMAND FORT KNOX
USACC, DOLDE, INTERNATIONAL PROGRAM
204 1ST CAVALRY REGIMENT ROAD
FORT KNOX, KY KY 40202
TEL: FAX:
CODE
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
18a. PAY MENT WILL BE MADE BY CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/ SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
SEE SCHEDULE
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED. ADDENDA ARE 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
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 29. AWARD OF CONTRACT: REF.
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND OFFER DATED . Y OUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
(TYPE OR PRINT)
(TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
TEL:
EMAIL:
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
X
X
X
X
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
SEE SCHEDULE
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
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
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK NUMBER
PARTIAL FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
W9124D18R0051
Section SF 1449 - CONTINUATION SHEET
SPECIAL INSTRUCTIONS
THIS SOLICITATION IS 100 PERCENT SET-ASIDE FOR WOMEN-OWNED SMALL
BUSINESSES
OFFERORS SHALL COMPLETE THE FOLLOWING INFORMATION (MUST BE LEGIBLE):
DUNS NUMBER: CAGE CODE:
TAX ID NO: EMAIL ADDRESS:
PHONE NUMBER: FAX NUMBER:
NOTE:
(1) Offerors shall submit any questions regarding this solicitation in writing to the contract specialist no later than 12:00 PM Eastern Time (ET), 18 September 2018, in order to allow a written response prior to the proposal due date. No remarks or written responses to questions by government personnel shall change or qualify any of the terms or conditions of this request for proposal (RFP). The RFP can only be changed by a formal written amendment issued by Mission and Installation Contracting Command (MICC)- Fort Knox. Questions concerning this RFP shall be emailed to Rick Torres at richard.j.torres.civ@mail.mil.
(2) All contractors wishing to do business with the government shall possess a valid DUNS number and shall be registered in the System for Award Management (SAM). Contractors can register online at https://www.sam.gov. Offeror's SAM registration must be active in order to be eligible for award. Proposals containing a name and address (Block 17a of SF1449) different from that registered in SAM may be deemed ineligible for award.
(3) Facsimile or late proposals and amendments will not be accepted. Contractors shall submit proposals by email to the contract specialist at richard.j.torres.civ@mail.mil. All proposals shall be submitted so as to reach the MICC-Fort Knox no later than the date and time (Fort Knox local time) specified for receipt (see block 8 on the SF 1449, or the latest issued amendment).
(4) Offeror shall submit with its proposal all information required under the section titled "INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS." Failure to submit the required documents may render the proposal nonresponsive and the proposal may not be accepted or considered.
(5) Amendments (SF30): All amendments if any, will be posted to the Fed Biz Opps website at www.fbo.gov. It is the offeror's responsibility to check for and acknowledge all amendments.
6. Offerors shall submit all unit prices to the whole penny; any fractions will be rounded to the next higher whole penny per unit for evaluation and award purposes.
7. Proposals shall be submitted by email to the Contract Specialist at richard.j.torres.civ@mail.mil. All proposals shall be submitted so as to reach the MICC Fort Knox no later than the date and time (Fort Knox local time) specified for receipt (see block 8 on the SF 1449, or the latest issued amendment).
mailto:richard.j.torres.civ@mail.mil http://www.sam.gov/ mailto:richard.j.torres.civ@mail.mil http://www.fbo.gov/ mailto:richard.j.torres.civ@mail.mil ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award. The government is not liable for any costs incurred by offerors related to submitting proposals in response to this RFP. Proposals from unsuccessful offerors shall not be returned to the offeror. One copy of the proposal will be retained in the contract file.
The Proposal. Submission of the documentation specified below will constitute the offeror's acceptance of terms and conditions of the RFP, concurrence with the Performance Work Statement (PWS), and contract type. The government may award without discussions. Offerors are encouraged to present their best technical proposal and prices in their initial proposal submissions. However, in accordance with (IAW) FAR Part 15.306, Exchanges with Offerors After Receipt of Proposals, should discussions become necessary, the government reserves the right to hold them.
If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify the contracting officer in writing with supporting rationale. These instructions prescribe the format for the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.
In accordance with FAR Subpart 4.8, Government Contract Files, the government will retain one electronic copy of all proposals.
Acceptance of Proposals. The government reserves the right to consider as acceptable only those proposals submitted in accordance with all requirements set forth or referenced in this solicitation and which demonstrate an understanding of the scope of the requirement.
Proposal Preparation Instructions. All offerors are required to submit a proposal with, as a minimum, the content specified herein. Proposals without the specified minimum content may be deemed non-responsive.
Offeror's proposal shall consist of three separate electronic documents: General, Technical, and Pricing Data (IAW 52.215-20 Alt I).
Proposal Format Proposal font type shall be limited to Arial, Courier or Times New Roman equal to or larger than 12 font size. Graphics, photos, and charts may use color; however, offerors are cautioned to use colors that are legible if printed in black and white. Font size in tables, graphs, and charts is at the discretion of the offeror;
however, information shall legible
Page Limitation: If the page limits are exceeded, the pages in excess of the limit will be removed and not evaluated. The government will not accept any changes to the offeror's proposal after the closing date of the solicitation. Page limitations are as follows: Table 1 - Format and Page Limitation Guidance
File Name FORMAT PAGE LIMITATION General Word or PDF document compatible with MS Word
2007 or Adobe Reader 9 No Page limitation; OFFERORS SHALL
USE THE CLIN (BID) SCHEDULE IN THE
RFP
Technical Word or PDF document compatible with MS Word 2007 or Adobe Reader 9
25 pages (excludes title page, table of contents, glossary of abbreviations and acronym, and assumptions/exceptions; resumes are not included in the page limitation)
Pricing Data
Spreadsheet compatible with MW Word 2007 or MS Excel 2007
No Page limitation
8. Proposal Content. The proposal shall consist of the following:
A. General. Standard Form 1449, duly executed by an official authorized to bind the offeror;
The unit prices in the CLIN (BID) schedule in the RFP. NOTE: failure to proposal on all items will render the proposal non-responsive and the proposal will not be considered.
B . Completed representations and certifications included herein;
Mission Capability- Staffing Plan -Offerors’ proposals shall describe their Staffing Plan methodology/ approach and staffing by skill classification in each PWS area in order to demonstrate the offeror’s understanding of the requirement and the offeror’s ability to successfully perform the services for this action.
The description shall include providing a sufficient number of trained personnel with the applicable qualifications to perform the duties and services specified in the PWS. The offeror shall complete proposed staffing plan/chart contained Table 2 below. Offerors shall clearly depicts labor mixes and labor hours per classification per period of performance. The offeror shall also ensure its proposed staffing clearly depicts the total number of Full Time Equivalents (FTE)'s for each proposed labor category, including any subcontracted effort.
Table 2 - Staffing Chart
PWS Labor Category
SCA/Exempt Productive Hours
Equivalent FTE Paid Hours Wage Rate
2) Key personnel. Offerors shall submit resumes for the following key positions:
Project Manager
Assistant Project Manager
C. Pricing Schedule. Price will be evaluated for reasonableness. As part of price evaluation, the government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one half of the offeror's final option period price to the offeror's total price. Thus, the offeror's total price for the purpose of evaluation will include the base period plus four option years and the calculated value for the potential six-month extension period at the end of the contract. Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six-month extension of services period. The government may choose to exercise the Extension of Services at the end of any performance period (base or option periods), utilizing the rates of that performance period. Price analysis will be used to determine total evaluated price. Price will be evaluated to determine if the offeror’s proposed price is fair and reasonable utilizing price analysis techniques in accordance with the guidelines in FAR Subpart 15.4.
For each year, the offeror shall submit a price for the line items (CLINs) 0001,1001, 2001. For each of these line items, with exception of the travel CLINs 0002, 1002, 2002, the offeror shall provide the following other than cost and pricing information along with cost/price rationale that contains all narratives explanations in deriving calculated costs (table may be modified only to add columns and/or rows but not to delete basic required information).
9. AWARD. The award of any contract issued hereunder will be made to the offeror that offers the lowest price technically acceptable offer. In determining the lowest price technically acceptable offer, the Government, in accordance with FAR 16, will informally evaluate proposals for technical acceptance. The Source Selection policies in FAR Subpart 15.3 do not apply. The Government will evaluate each proposal’s technical acceptance based on the Offeror’s Staffing Plan and Past Performance. It is the Government’s intention to award without discussions.
Offerors are encouraged to present their best proposal and prices in their initial proposal submission.
10. EVALUATION CRITERIA. Offeror’s proposals will be evaluated as either Acceptable or Unacceptable
Mission Capabilities
1. Staffing Plan: In evaluating the Staffing Plan, the assessment will concentrate on the offeror’s understanding and capability of providing the scope of services required. Proposals will be evaluated on proposed management, labor mix, and total number of full time equivalents (FTEs) per functional area. Offerors shall provide detailed rationale if proposed Staffing Plan deviates from the Government’s Estimated Annual Workload Data in Technical Exhibit C of the PWS.
2. Key Personnel: The Project Manager and Assistant Project Manager will be evaluated based on the qualification and experience in the PWS, paragraph 1.6.11 The offeror shall demonstrate that the Project Manager and Assistant Project Manager possess a thorough knowledge and experience of the Army organizational structure, mission objectives, functions, procedures, agency regulations, and policy pertaining to the Department of the Army. At a minimum the Project Manager and Assistant Project Manager shall have five (5) years of successful military experience in planning, preparing, and executing military operations.
based on the qualification and experience in the PWS, paragraph 1.6.11 The offeror shall demonstrate that the Project Manager and Assistant Project Manager possess a thorough knowledge and experience of the Army organizational structure, mission objectives, functions, procedures, agency regulations, and policy pertaining to the Department of the Army. At a minimum the Project Manager and Assistant Project Manager shall have five (5) years of successful military experience in planning, preparing, and executing military operations.
3. Past Performance. Past performance will be evaluated on an acceptable or unacceptable basis.
The government will query the Past Performance Information Retrieval System (PPIRS) to obtain finalized past performance information. The government reserves the right to utilize other finalized past performance available to the government if it is determined to be recent and relevant. Offerors without finalized past performance information in the PPIRS will be considered to have an unknown performance record and past performance shall be considered “acceptable”. Past performance shall be evaluated to determine rating, recency (past 3 years), and relevancy of the offeror’s past performance in relation to the specific requirement being procured. To be technically acceptable, offeror must receive either a rating of acceptable or unknown in past performance. The following adjectival ratings in Table 4 will be used to evaluate Past Performance:
Price.
The evaluation of price reasonableness will be performed using one or more of the price analysis techniques in FAR 15.404-1(b).
AMOUNT
ADMINISTRATIVE SUPPORT FOR CULTURAL
UNDERSTANDING AND LANGUAGE PROGRAM
(CULP)
FOB: Destination
PURCHASE REQUEST NUMBER: 0011003983-0003
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1
TRAVEL REIMBURSEMENT IAW JTR
GOVERNMENT PLUG NUMBER IS $25,000.00
FOB: Destination
PURCHASE REQUEST NUMBER: 0011003983-0003
Job $25,000.00 $25,000.00
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
0001 12 Months
AMOUNT
CONTRACTOR MANPOWER REPORTING
FFP
FOB: Destination
PURCHASE REQUEST NUMBER: 0011003983-0003
NET AMT
AMOUNT
ADMINISTRATIVE SUPPORT FOR CULTURAL UNDERSTANDING AND
LANGUAGE PROGRAM (CULP)
FOB: Destination
PURCHASE REQUEST NUMBER: 0011003983-0003
NET AMT
0003 1 Each
1001 12 Months
AMOUNT
TRAVEL REIMBURSEMENT IAW JTR
FFP
GOVERNMENT PLUG NUMBER IS $25,000.00
FOB: Destination
PURCHASE REQUEST NUMBER: 0011003983-0003
$25,000.00 $25,000.00
NET AMT
AMOUNT
CONTRACTOR MANPOWER REPORTING
FFP
FOB: Destination
PURCHASE REQUEST NUMBER: 0011003983-0003
NET AMT
AMOUNT
ADMINISTRATIVE SUPPORT FOR CULTURAL
UNDERSTANDING AND LANGUAGE PROGRAM
(CULP)
FOB: Destination
PURCHASE REQUEST NUMBER: 0011003983-0003
PSC CD: U099
NET AMT
1002 1 Job
1003 1 Each
2001 12 Months
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
TRAVEL REIMBURSEMENT IAW JTR
FFP
GOVERNMENT PLUG NUMBER IS $25,000.00
FOB: Destination
1Job $25,000.00 $25,000.00
PURCHASE REQUEST NUMBER: 0011003983-0003
NET AMT
AMOUNT
CONTRACTOR MANPOWER REPORTING
FFP
FOB: Destination
PURCHASE REQUEST NUMBER: 0011003983-0003
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government
2003 1 Each
1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 30-SEP-2018 TO
29-SEP-2019
N/A US ARMY CADET COMMAND FORT
KNOX
USACC, DOLDE, INTERNATIONAL
PROGRAM
204 1ST CAVALRY REGIMENT ROAD
FORT KNOX, KY KY 40202
FOB: Destination
W900NB
0002 POP 30-SEP-2018 TO
29-SEP-2019
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W900NB
0003 POP 30-SEP-2018 TO
29-SEP-2019
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W900NB
1001 POP 30-SEP-2019 TO
29-SEP-2020
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W900NB
1002 POP 30-SEP-2019 TO
29-SEP-2020
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W900NB
1003 POP 30-SEP-2019 TO
29-SEP-2020
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W900NB
2001 POP 30-SEP-2020 TO
29-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W900NB
2002 POP 30-SEP-2020 TO
29-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W900NB
2003 POP 30-SEP-2020 TO
29-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W900NB
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010
Transactions 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014
To Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011
Content Paper 52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier OCT 2016
Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and DEC 2014
Certifications.
52.209-9 Updates of Publicly Available Information Regarding JUL 2013
Responsibility Matters 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-19 Notification of Ownership Changes OCT 1997 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-41 Service Contract Labor Standards MAY 2014 52.222-56 Certification Regarding Trafficking in Persons Compliance MAR 2015
Plan.
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013
Subcontractors 52.237-2 Protection Of Government Buildings, Equipment, And APR 1984
Vegetation 52.237-3 Continuity Of Services JAN 1991 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011
Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD NOV 2011
Officials 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015
The Government of a Country that is a State Sponsor of Terrorism
252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014
Hazardous Materials 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned SEP 2004
Economic Enterprises, and Native Hawaiian Small Business Concerns
252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012 Reports
252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7000 Material Inspection And Receiving Report MAR 2008
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision--
“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.
http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.sam.gov/portal http://www.sam.gov/portal
“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 posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . [Offeror to identify the applicable paragraphs at (c) through (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.
http://www.acquisition.gov/ http://www.acquisition.gov/
(1) Small business concern. The offeror represents as part of its offer that it [ business concern.
] is, [
] is not a small
(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 [ not a veteran-owned small business concern.
] is, [ ] is
(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 [ disadvantaged business concern as defined in 13 CFR 124.1002.
] is, [ ] is not, a small
(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 [ owned small business concern.
] is, [ ] is not a women-
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) Affirmative Action Compliance. The offeror represents that --
(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:
Line Item No.:
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as…
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