W9124M-19-Q-0003-0001_Confrom_through_Amendment_0001.pdf
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W9124M-19-Q-0003 Conform through Amendment 0001
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SEE ADDENDUM
(No Collect Calls)
W9124M19Q0003 15-Feb-2019
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
10:00 AM 26 Feb 2019
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 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.
W9124M9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
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
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
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
0011203314
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
MICC - FORT STEWART
976 WILLIAM H. WILSON AVE SUITE 100
FORT STEWART GA 31314
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 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: (912)767-8420 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$15,000,000
NAICS:
238210
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 OF81
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.
W9124M19Q0003
Section SF 30 - BLOCK 14 CONTINUATION PAGE
QUESTIONS AND ANSWERS
Question 1: In the solicitation it states that we are to meet all FRA standards. These standards when pertaining to railroad signaling would be 49 CFR Part 234. In order to meet these standards we must do a monthly, quarterly and yearly test. The solicitation refers to a monthly, bi-annual and yearly test, please clarify.
Answer 1: See PWS paragraphs 1.3 and 5.4.2 with regard to TM 5-628. TM 5-628 has the quarterly requirements in
it. The TM, FRA, and CFR have overlapping and differing requirements. The contractor is inspecting the signals on a monthly basis. When quarterly, semi and annual checks are due, they will conduct these checks during the monthly inspection.
Question 2: The FRA standard requires us to complete a (4) year relay test and a (10) year cable megger test. We normally do these outside of a normal testing contract and complete them on a T&M basis. Have these been completed in the past? Do you want us to include these in future? If so, we do not have a line item to place our estimate, how do you want us to handle this?
Answer 2: Four (4) year relay test - yes. Ten (10) year megger test - no. Cost for relay test should be built into CLIN costs.
Question 3: The FRA standard requires us to do "FRA Drug & Alcohol" testing through a random pool, is this going to be required?
Answer 3: See PWS paragraphs 1.3, 1.4, and 1.6.6. All refer to conducting the service in accordance with the FRA.
Question 4: The FRA standard requires us to do "Hours of Service" recording, is this going to be required?
Answer 4: See PWS paragraphs 1.3, 1.4, and 1.6.6. All refer to conducting the service in accordance with the FRA
Question 5: The FRA standard requires us to have "Roadway Worker Protection" training, is this going to be required?
Answer 5: See PWS paragraph 1.6.6 and 5.11.
From the PWS 1.6.6 Mandated Annual Safety Training for Roadway Workers per the Code of Federal Regulations (CFR 49) §214.343 Training and qualification, general.
(a) No employer shall assign an employee to perform the duties of a roadway worker, and no employee shall accept such assignment, unless that employee has received training in the on-track safety procedures associated with the assignment to be performed, and that employee has demonstrated the ability to fulfill the responsibilities for on-track safety that are required of an individual roadway worker performing that assignment.
(b) Each employer shall provide to all roadway workers in its employ initial or recurrent training once every calendar year on the on-track safety rules and procedures that they are required to follow.
(c) Railroad employees other than roadway workers, who are associated with on-track safety procedures, and whose primary duties are concerned with the movement and protection of trains, shall be trained to perform their functions related to on-track safety through the training and qualification procedures prescribed by the operating railroad for the primary position of the employee, including maintenance of records and frequency of training.
(d) Each employer of roadway workers shall maintain written or electronic records of each roadway worker qualification in effect. Each record shall include the name of the employee, the type of qualification made, and the most recent date of qualification. These records shall be kept available for inspection and photocopying by the Federal Railroad Administrator during regular business hours.
§214.345 Training for all roadway workers.
The training of all roadway workers shall include, as a minimum, the following:
(a) Recognition of railroad tracks and understanding of the space around them within which on-track safety is required.
(b) The functions and responsibilities of various persons involved with on-track safety procedures.
(c) Proper compliance with on-track safety instructions given by persons performing or responsible for ontrack safety functions.
(d) Signals given by watchmen/lookouts, and the proper procedures upon receiving a train approach warning from a lookout.
(e) The hazards associated with working on or near railroad tracks, including review of on-track safety rules and procedures.
From PWS 5.11:
The contractor shall be fully responsible for compliance with all local, state, and federal environmental/occupational safety laws, rules, and regulations. Contractor operation, equipment, and personnel shall comply with safety provisions specified in Engineer Manual 385-l-l, dated 3 November 2003. The contractor shall also comply with the OSHA and insure employees receive mandated annual safety training for roadway workers per the CFR 49 for MOW workers. If a crossing signal is going to be out of operation for service or repairs Directorate of Emergency Services (DES) and Liberty 911 must be notified in advance so a Traffic Control Point (TCP) can be arranged.
Question 6: In section 4.3 it states that contractor shall furnish all parts and materials. I just wanted to clarify that "all" parts & materials can be billed back to Fort Stewart, through the bid schedule such as Item 2004 - "Repair Parts". This would also be true for parts mentioned in section 5.4.4 and section 5.8.
Answer 6: The contractor shall provide all equipment and materials needed to perform maintenance and inspection of the railroad crossing highway protection systems. Any repairs and parts needed to repair the systems shall be approved by the Government prior to being purchased and installed by the contractor.
PWS Sections 4.1, 4.3, and 4.4 have been updated to clarify the difference in repairs and preventive maintenance.
Question 7: Section 5.8.3, does this mean that there cannot be any mark-up, or handling fees, on supplied materials?
Answer 7: PWS 5.8.3 states "Contractor shall be reimbursed only for the cost of parts shown on that invoice, plus any shipping costs."
Question 8: In section 5.4.4 it states that "contractor shall repair or replace defective insulated joint parts". This function is normally completed by the track contractor since signal contractors normally do not have the necessary tools to remove/replace the joints - especially when the rail needs to be contracted or expanded in order to get the insulated joint on. The only thing we could do is get a track contractor to install the joint and add it to our invoice.
Please expand on this.
Answer 8: See PWS paragraphs 5.6.5. Insulating joint repair is part of this service requirement. The bidders either have or can acquire the means to meet the requirement. Either way, the contractor would present the repair quote for approval prior to conducting the repair. The repair labor and parts are billed against the emergency/non-emergency and parts CLINs.
Question 9: In section 5.4.3 it states that "monthly inspections should be performed on Sundays", is this a mandate or a suggestion? As you may know it costs more to have it completed regularly on a weekend.
Answer 9: Repairs are billed by hours against the Emergency and Non-Emergency CLIN based on repair type (emergency/non-emergency). Parts for the repair are billed against the Repair Parts CLIN. Sunday is recommended (should) but not a requirement.
Question 10: All normal Liability insurance policies have an exception that states that the insurance does not cover work within 50' of a railroad track. In order for the policy to be effective, for rail work, it has to specifically state that this exclusion has been removed. (Which needless to say is quite expensive.) Will this be required for this solicitation?
Answer 10: Reference Addendum 52.212-4 for the minimum insurance requirements for performing work on federal contracts.
Question 11: Could you give us a rough idea of how many hours the required training, for Fort Stewart, might take?
Answer 11: On average one and a half hours.
Question 12: I recall seeing some mention of prevailing wages. Does this solicitation require prevailing wage and if so do you have a determination for a railway signal worker?
Answer 12: Reference Addendum 52.212-4 for Wage Determination WD 2015-4485 (REV 7) covers all prevailing wage rates for this contract.
Question 13: The quantity for item # 0004 shows 5,000 Each. Could you tell us if this measurement is in “$” or some other figure?
Answer 13: The 5,000 is in dollars.
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 84 Each Maintenance and Repair RRHCPS
FFP
Provide maintenance and repair of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.3 - 5.5 and all other terms and conditions of the contract.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011203314
PSC CD: J022
NET AMT
0002 50 Each Emergency Repairs
FFP
Provide emergency repairs of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.6 and all other terms and conditions of the contract. Each = Hour of on-site repair time.
FOB: Destination
0003 30 Each Non-Emergency Repairs
FFP
Provide non-emergency repairs of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.7 and all other terms and conditions of the contract. Each = Hour of on-site repair time.
FOB: Destination
0004 5,000 Each Repair Parts
FFP
Provide repair parts of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.8 and all other terms and conditions of the contract.
FOB: Destination
Contractor Manpower Reporting
FFP
In accordance with paragraph 5.12 of the PWS, Contract Manpower Reporting, the Contractor shall report ALL contractor labor data (including subcontractor labor data) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The data must be accurate, complete, and entered at the following web address:
https://www.ecmra.mil/.
FOB: Destination
1001 84 Each OPTION Maintenance and Repair RRHCPS
FFP
Provide maintenance and repair of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.3 - 5.5 and all other terms and conditions of the contract.
FOB: Destination
1002 50 Each OPTION Emergency Repairs
FFP
Provide emergency repairs of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.6 and all other terms and conditions of the contract. Each = Hour of on-site repair time.
FOB: Destination
1003 30 Each OPTION Non-Emergency Repairs
FFP
Provide non-emergency repairs of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.7 and all other terms and conditions of the contract. Each = Hour of on-site repair time.
FOB: Destination
1004 5,000 Each OPTION Repair Parts
FFP
Provide repair parts of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.8 and all other terms and conditions of the contract.
FOB: Destination
OPTION Contractor Manpower Reporting
FFP
In accordance with paragraph 5.12 of the PWS, Contract Manpower Reporting, the Contractor shall report ALL contractor labor data (including subcontractor labor data) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The data must be accurate, complete, and entered at the following web address:
https://www.ecmra.mil/.
2001 84 Each OPTION Maintenance and Repair RRHCPS
FFP
Provide maintenance and repair of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.3 - 5.5 and all other terms and conditions of the contract.
FOB: Destination
2002 50 Each OPTION Emergency Repairs
FFP
Provide emergency repairs of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.6 and all other terms and conditions of the contract. Each = Hour of on-site repair time.
FOB: Destination
2003 30 Each OPTION Non-Emergency Repairs
FFP
Provide non-emergency repairs of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.7 and all other terms and conditions of the contract. Each = Hour of on-site repair time.
FOB: Destination
2004 5,000 Each OPTION Repair Parts
FFP
Provide repair parts of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.8 and all other terms and conditions of the contract.
FOB: Destination
OPTION Contractor Manpower Reporting
FFP
In accordance with paragraph 5.12 of the PWS, Contract Manpower Reporting, the Contractor shall report ALL contractor labor data (including subcontractor labor data) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The data must be accurate, complete, and entered at the following web address:
https://www.ecmra.mil/.
3001 84 Each OPTION Maintenance and Repair RRHCPS
FFP
Provide maintenance and repair of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.3 - 5.5 and all other terms and conditions of the contract.
FOB: Destination
3002 50 Each OPTION Emergency Repairs
FFP
Provide emergency repairs of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.6 and all other terms and conditions of the contract. Each = Hour of on-site repair time.
FOB: Destination
3003 30 Each OPTION Non-Emergency Repairs
FFP
Provide non-emergency repairs of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.7 and all other terms and conditions of the contract. Each = Hour of on-site repair time.
FOB: Destination
3004 5,000 Each OPTION Repair Parts
FFP
Provide repair parts of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.8 and all other terms and conditions of the contract.
FOB: Destination
OPTION Contractor Manpower Reporting
FFP
In accordance with paragraph 5.12 of the PWS, Contract Manpower Reporting, the Contractor shall report ALL contractor labor data (including subcontractor labor data) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The data must be accurate, complete, and entered at the following web address:
https://www.ecmra.mil/.
4001 84 Each OPTION Maintenance and Repair RRHCPS
FFP
Provide maintenance and repair of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.3 - 5.5 and all other terms and conditions of the contract.
FOB: Destination
4002 50 Each OPTION Emergency Repairs
FFP
Provide emergency repairs of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.6 and all other terms and conditions of the contract. Each = Hour of on-site repair time.
FOB: Destination
4003 30 Each OPTION Non-Emergency Repairs
FFP
Provide non-emergency repairs of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.7 and all other terms and conditions of the contract. Each = Hour of on-site repair time.
FOB: Destination
4004 5,000 Each OPTION Repair Parts
FFP
Provide repair parts of railroad highway crossing protection systems (RRHCPS) in accordance with the performance work statement paragraph 5.8 and all other terms and conditions of the contract.
FOB: Destination
OPTION Contractor Manpower Reporting
FFP
In accordance with paragraph 5.12 of the PWS, Contract Manpower Reporting, the Contractor shall report ALL contractor labor data (including subcontractor labor data) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The data must be accurate, complete, and entered at the following web address:
https://www.ecmra.mil/.
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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government
4004 Destination Government Destination Government 4005 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-MAR-2019 TO
29-FEB-2020
N/A N/A
0002 POP 01-MAR-2019 TO
29-FEB-2020
0003 POP 01-MAR-2019 TO
0004 POP 01-MAR-2019 TO
0005 N/A N/A N/A N/A
1001 POP 01-MAR-2020 TO
28-FEB-2021
1002 POP 01-MAR-2020 TO
28-FEB-2021
1003 POP 01-MAR-2020 TO
1004 POP 01-MAR-2020 TO
1005 N/A N/A N/A N/A
2001 POP 01-MAR-2021 TO
28-FEB-2022
2002 POP 01-MAR-2021 TO
28-FEB-2022
2003 POP 01-MAR-2021 TO
2004 POP 01-MAR-2021 TO
2005 N/A N/A N/A N/A
3001 POP 01-MAR-2022 TO
28-FEB-2023
3002 POP 01-MAR-2022 TO
3003 POP 01-MAR-2022 TO
3004 POP 01-MAR-2022 TO
3005 N/A N/A N/A N/A
4001 POP 01-MAR-2023 TO
29-FEB-2024
4002 POP 01-MAR-2023 TO
29-FEB-2024
4003 POP 01-MAR-2023 TO
4004 POP 01-MAR-2023 TO
4005 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-7 System for Award Management 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 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.215-7007 Notice of Intent to Resolicit JUN 2012 252.225-7050 Disclosure of Ownership or Control by the Government of a
Country that is a State Sponsor of Terrorism
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7008 Sources of Electronic Parts MAY 2018
ADDENDUM TO 52.212-1
ADDENDUM TO 52.212-1
Solicitation provision 52.212-1, Instruction to Offerors – Commercial Items, is tailored as follows:
General: All uses within of term "offer(s)" is changed to "quote(s)" and all uses of the term "offeror(s)" is changed to "quoter(s)"
Paragraph (b)(11) is deleted. All quotes shall be submitted using the SF 1449 solicitation to include all pricing in accordance with the line item structure of the SF 1449 price schedule.
Paragraph (c), Period for Acceptance of Quotes, is tailored as follows: “The quoter agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of quotes.”
Paragraph (d), Product Samples, is deleted.
Paragraph (e), Multiple Offers, is deleted.
Paragraph (h), Multiple Awards, is deleted.
Paragraph (g) is revised and tailored as follows: Issuance of purchase order. Quotations should contain the quoter’s best technical and price terms. The Contracting Officer may reject any or all quotes. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quote. After the evaluation of quotes, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.
The following paragraphs have been added for specific quote instructions:
Paragraph (m), Offer Submittal and Inquiries.
A. Quote Submittal and Inquiries.
1. Quoters must review Provision 52.212-2, Evaluation - Commercial Items and provide the required information.
2. Quotes must be submitted via mail, email, or hand delivered (email is preferred) to both of the Points of Contact listed below. Submission must be received no later than the date and time in Block 8 of the SF 1449. If amendments are issued, they must be acknowledged in writing prior to the due date. It is the contractor’s responsibility to confirm receipt of correspondence. Email submittals should include the solicitation number in the Subject of the email. Emails shall be kept to a file size of less than 10 megabytes, or separated into multiple emails with the number of emails identified in the subject line (1 of __, 2 of __, etc). It is the responsibility of the quoteor to verify that the emailed quote has been received timely. Fax submittals will not be accepted.
3. Any questions regarding this solicitation must be submitted in writing no later than 3:00 PM EST on 20 FEB 2019.
Submit all questions to both of the Points of Contact below.
4. Points of Contact:
Kevin M Barnes James Frye Phone: 912-767-1700 Phone: 912-767-6939 kevin.m.barnes7.mil@mail.mil james.r.frye20.civ@mail.mil
5. Site Visit. A site visit/pre-proposal conference will be held on 20 FEB 2019 beginning at 10:30 AM EST at MICC- Fort Stewart, GA, Building 621, William H. Wilson Ave, Suite 100, Fort Stewart, GA 31314. Quoters are encouraged to attend the scheduled site visit and furnish the names and titles of their representatives no later than one business day prior to arrival..
6. Mailing Address
MICC Fort Stewart James Frye/Kevin Barnes
ATTN: W9124M-19-Q-0003
976 William H Wilson AVE, Suite 100 Fort Stewart, GA. 31314
(End of Addendum)
CLAUSES INCORPORATED BY FULL TEXT
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be the best value and most advantageous to the Government, price and other factors considered. The evaluation will be conducted in accordance with FAR Part 13. The following factors shall be used to evaluate offers:
1. Technical Experience/Expertise – Quoters must provide sufficient documentation to describe their relevant experience/expertise to prove competency in performing the described tasks in the Performance Work Statement (PWS). The quoters should demonstrate experience described in paragraph 1.6.6.
2. Past Performance History: Performance references must include name, address, point of contact, and phone number. The Government may use systems such as PPIRS to review past performance as well. If the offeror has no past performance history then past performance data may be provided concerning key personnel of the offeror.
3. Price Reasonableness: Prices will be evaluated to determine if they are unreasonabe in relation to other offers. Proposed prices will also be evaluated against the market value for other services currently being performed and the Independent Government Estimate (IGE). Prices will be evaluated in accordance with
FAR 13.106-3.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
As part of the price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-
8) by adding one-half of the quoter's final option period prices to the quoter's total price. Thus, the quoter's total price for the purpose of evaluation will include the base period, all option periods, and 1/2 of the final option period.
Quoters are not required to enter a price for the six-month extension period.
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
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.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“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.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“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 stock of which 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 its stock is owned by one or more women; or
(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 will 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.
(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.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(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.
(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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,…
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