Solicitation_W9127N-15-Q-0014.pdf
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Solicitation for Lost Creek Lake Debris Collection
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SEE ADDENDUM
(No Collect Calls)
W9127N-15-Q-0014 24-Apr-2015
b. TELEPHONE NUMBER
503-808-4632
8. OFFER DUE DATE/LOCAL TIME
03:00 PM 07 May 2015
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.
W9127N9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
CLOVIA S JONES
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
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
WOMEN-OWNED SMALL
BUSINESS (WOSB)
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
US ARMY CORPS OF ENGINEERS
333 SW FIRST AVE
PORTLAND OR 97204-3495
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
503-808-4605FAX:
TEL: 503-808-4612 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
SIZE STANDARD:
$37.5M
NAICS:
488390
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF56
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.
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Task 1-Containment Log Boom-Takelama
FFP
The Contractor shall provide all materals, supplies, labor, transportation and services to design, construct and place a containment log boom and anchors in Takelma Cove East per the attached Performance Work Statement.
FOB: Destination
NET AMT
0002 1 Job Task 2-Containment Log Boom-Catfish Cove
FFP
The Contractor shall provide all materals, supplies, labor, transportation and services to design, construct and place a containment log boom and anchors in Catfish Cove per the attached Performance Work Statement.
0003 1 Job Task 3-Collection Log Boom
FFP
The Contractor shall provide all materals, supplies, labor, transportation and services to design, construct and place a collection log boom in Takelma Cove on the East side of the boat ramp peninsula per the attached Performance Work Statement.
0004 1 Job Task 4-Debris Collection
FFP
The Contractor shall provide all materals, supplies, labor, transportation and services to perform debris collection per the attached Performance Work Statement.
0005 1 Job Task 5-Equip/Sys Familiarization Train
FFP
The Contractor shall provide all materals, supplies, labor, transportation and services to perform equipment/systems familiarization training per the attached Performance Work Statement.
0006 1 Job OPTION Task 6-Debris Collection
FFP
THIS IS AN OPTIONAL ITEM - The Contractor shall provide all materals, supplies, labor, transportation and services to perform debris collection per the attached Performance Work Statement.
PERFORMANCE WORK STATEMENT
Performance Work Statement Lost Creek Lake Debris Collection
May 2015
1. GENERAL
This is a non-personal services contract to collect and contain debris from Lost Creek Lake. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, other items and non-personal services necessary to perform the services for the Lost Creek Lake Debris Collection project as defined in this Scope of
Work (SOW) except for those items specified as government furnished property, supplies and/or services. The Contractor shall perform to the standards in this contract.
Only a warranted Contracting officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.
2. PROJECT DESCRIPTION
Lost Creek Dam is located in S.W. Oregon, approximately 35 miles N.N.W. of Medford, Oregon near OR Hwy 62 (see Figure 1 in Appendix A). High water events in December 2014 caused debris to be washed down into the dam’s reservoir and collect on the surface of Lost Creek Lake. This debris requires containment and removal for public and dam safety reasons.
Except as explicitly identified in this scope of work, and/or authorized by the Contracting Officer, no Government labor, materials or equipment are available to support the fulfillment of requirements within the scope of this contract. The Contracting Officer’s Representative (COR) identified in section 6 will be available to the Contractor for the purposes of clarifying contractual requirements and/or determining the proper method of resolution of disputes and path forward regarding activities that may fall outside the original Scope of Work.
3. SCOPE OF WORK
The Contractor shall collect and contain floating debris on the surface of Lost Creek Lake. The Contractor shall provide the services needed to design, construct, use and store one ‘collection’ log boom; to design, construct and place two permanent ‘containment’ log booms; to substantially clear Lost Creek Lake of floating debris and to move that debris to locations as specified below in section 3.4, Debris Collection; and to train USACE personnel on equipment/systems familiarization. Upon Government approval of construction and testing and final acceptance of the end product, the completed log booms will become property of the Government. The Contractor shall:
3.1 Task 1: Containment Log Boom and Anchors - Takelma Cove (East) The Contractor shall design, construct and place a containment log boom in Takelma Cove East as shown in Appendix A, Figure 2. The Contractor shall submit drawing(s) of containment boom access passageway detailing the configuration of all anchoring/cabling/rigging to the COR for approval prior to starting work. The Contractor shall provide a Statement of Warranty of Workmanship and Materials covering the containment boom for a minimum period of 1Year.
The collection log boom shall comply with the following specifications:
Boom Length for Takelma Cove East: Straight line distance between anchors, + vertical distance from anchor points to the high water mark, + 100ft.
Log Type: Western Red Cedar or Douglas Fir
Log diameter: 18” to 20”
Maximum Gap between logs: 4”
Log Lengths and Quantity: Quantity furnished will be dependent on the lengths of the logs used and is not fixed other than that which is necessary to construct a continuous log boom across the opening of the cove from anchor point to anchor point with an additional 100ft of length added to the boom. The extra length is necessary to allow for easing of forces exerted on the anchors and easy deposition of the logs across the bottom of the cove when waters recede.
Anchors: Excavation is not allowed. Anchors shall be supplied and placed by the Contractor. Anchors shall be sized to withstand forces exerted upon the log boom by natural forces such as wind and wave action. Anchors shall be placed on the ground and may use existing natural features as anchor points. Absent presentation of professional engineering calculations, anchors and rigging shall be capable of withstanding an applied load of 5,000lb in any direction without sliding or deflecting more than 1 inch. If gravity type anchors are used, the test must be performed with the interface between the ground and the anchor being first wetted with water. Approximate locations of the anchors and the log boom are indicated in the Figures 2 and 3 found in Appendix A. These figures are very approximate, having been taken from Google Earth, and are not presented as exact figures. Final dimensions for correct ordering and construction are the responsibility of the Contractor.
Water Based Containment Area Access and Egress: Provision shall be made for the ability to open and close a passageway to be used by water going vessels. The passageway shall be placed in the approximate center of the total log boom span and must be capable of being opened up to 100ft wide to allow for the passage of two vessels towing a log boom. The anchoring system shall maintain the position of passageway connection points. Submerged obstructions, such as connecting cables shall be submerged a minimum of 10’ below the surface of the water, providing sufficient depth to the bottom of the reservoir is present. Actions necessary for opening and closing the log boom shall be capable of being manipulated by hand and shall require no special tools.
Rigging/Connecting Hardware: All connecting hardware shall be designed to withstand a static force of 10,000lb at yield in tension and be constructed of corrosion restant/zinc plated/galvanized steel. Wire rope may be doubled up to achieve to the 10,000lb strength requirement (i.e., the use of two runs of 5,000lb yield strength wire rope to distribute the load from log to log is acceptable). Logs shall be connected end to end using galvanized steel wire rope. Logs shall have a hole drilled on each end that pass through the entire diameter of the log to allow wire rope to pass through. Holes in the logs shall be placed at least 1ft away from the nearest end of the log.
3.2 Task 2: Containment Log Booms and Anchors – Catfish Cove
The Contractor shall collect the log debris necessary to construct a containment log boom and place it in Catfish Cove as shown in Appendix A, Figure 3. The Contractor shall submit drawing(s) of containment boom access passageway detailing the configuration of anchoring/cabling/rigging to the COR for approval prior to starting work. The Contractor shall provide a Statement of Warranty of Workmanship and Materials covering the containment boom for a minimum period of 1Year.
The collection log boom shall comply with the same specifications given for Task 2 with the exception of the boom length as noted below:
Boom Length for Catfish Cove: Straight line distance between anchors, + vertical distance from anchor points to the high water mark, + 80ft.
3.3 Task 3: Collection Log Boom
The Contractor shall design, construct and place a collection log boom in Takelma Cove, on the East side of the boat ramp peninsula. The Contractor shall submit to the COR a sketch of connection details for log to log, and log to connecting loop (for collection booms ends) for approval prior to starting work.
The Contractor shall provide a Statement of Warranty of Workmanship and Materials covering the collection boom for a minimum period of 1Year.
The collection log boom shall comply with the following specifications:
Log Type: Western Red Cedar or Douglas Fir
Log diameter: 14” to 18”
End Log Lengths and Quantity: 4 each (2 on each end) having a minimum length of 9ft and a maximum length of 11ft.
Middle Section Log Lengths and Quantity: 15 each having a minimum length of 13ft and a maximum length of 20ft. All logs must be of similar length, within +/- 1ft of each other.
Rigging/Connecting Hardware: All hardware shall be designed to withstand a static force of 10,000lb in tension and be constructed of zinc plated/galvanized steel. Galvanized wire rope shall be looped at each end of the boom with a free length of 5ft from the end of the loop to the end of the log.
3.4 Task 4: Debris Collection
The debris collection methods are left to the determination of the Contractor. It is envisioned that the Contractor will utilize the collection boom that is constructed under this contract, but is not required. Debris collection shall be conducted over a 3 day period.
Upon completion of the debris collection activities, the collection boom shall be placed in the confines of the Takelma Cove East Containment Area.
3.5 Task 5: Equipment/Systems Familiarization Training
Upon completion of the debris collection activities, the Contractor shall provide hands-on training on equipment/systems familiarization to USACE project personnel. Training shall include the recommended operation, maintenance, and inspection of constructed systems. The training shall be conducted via water going vessel and any other method as determined prudent by the Contractor. The trainer shall ensure sufficient quality of training to ensure a thorough understanding of the needs of the system to maximize lifespan of the equipment.
At least three USACE personnel will be trained.
3.6 Task 6: Additional Debris Collection (Optional Bid Item)
An option for additional collection days will be included in the contract, but exercising that option will depend on whether or not continued operations are likely a prudent use of funds. Conditions that may determine whether or not additional optional days of debris collection are exercised may include, but are not limited to, the efficiency of collection due to Contractor methods and/or choice of equipment, distribution of debris across the reservoir and weather.
4. SCHEDULING CONSIDERATIONS
a. Period of Performance Services shall be performed and completed within 36 calendar days following award of contract. Debris collection activities are most successful at higher pool levels which occur in early to mid May.
b. Project Hours of Work Government personnel at the Rogue River Basin Project observe a 4 day per week work schedule, Mondays thru Thursdays from 7:00am to 5:30pm. All activities, unless explicitly identified and agreed upon by the Contracting Officer’s Representative, shall be conducted within this timeframe, Federal Holidays excluded.
c. Coordination of Activities
Any activities requiring the assistance of government personnel must be coordinated through the Contracting Officer’s Representative (COR) a minimum of 3 hours ahead of the time that such assistance is needed.
Government owned equipment such as forklifts, cranes and other heavy equipment is not available for use in support of Contractor activities.
5. UTILITIES AND FACILITIES
The following utilities and facilities are available for Contractor use:
a. Electrical power is available from existing 20amp, Single Phase 110VAC and
30amp, three phase, 460VAC circuits at the Bone Yard Building and the Intake Tower
b. Potable water is available for drinking use from existing water fountains located in the service building only.
c. Raw water may be available from existing connections; inquire with the COR specifically if this is needed.
d. Compressed air at 75SCFM and 118psi is available at existing connections in the
Intake Tower.
6. CONTACT INFORMATION
a. Contracting Officer’s Representative
Dan Badgley
(541) 878-2255
b. Correspondence and Shipping Address
U.S. Army Corps of Engineers ATTN: Dan Badgely 100 Cole M. Rivers Drive Medford, OR 97541
7. ATTACHMENTS
Appendix A - Figure 1: Project Location Figure 2: Takelma Cove East Debris Containment Area Figure 3: Catfish Cove Debris Containment Area
Appendix B - Performance Requirements Summary Appendix C - Deliverables Schedule
W9127N-15-Q-0014
APPENDIX A
FIGURE 1: PROJECT LOCATION
Lost Creek Dam is located in S.W. Oregon, approximately 35 miles N.N.W. of Medford, Oregon near OR Hwy 62.
Please see external attachment
FIGURE 2: TAKELMA COVE EAST DEBRIS CONTAINMENT AREA
LOCATIONS AND DISTANCES SHOWN ARE APPROXIMATE. FINAL
MEASUREMENTS MUST BE FIELD VERIFIED BY, AND ARE THE
RESPONSBILITY OF, THE CONTRACTOR
FIGURE 3: CATFISH COVE DEBRIS CONTAINMENT AREA
LOCATIONS AND DISTANCES SHOWN ARE APPROXIMATE. FINAL
MEASUREMENTS MUST BE FIELD VERIFIED BY, AND ARE THE
RESPONSBILITY OF, THE CONTRACTOR
APPENDIX B
Performance Requirements Summary
Required Services (Tasks)
Performance Standards
Acceptable Quality Levels
Methods of
Surveillance
Task 1: Containment Log Boom and Anchors - Takelma Cove [PWS paragraph 3.1]
100% of requirement meets design and product specifications; product warranty issued
Zero deviation from
PWS
100% Inspection
Task 2: Containment Log Boom and Anchors – Catfish Cove [PWS paragraph 3.2]
100% of requirement meets design and product specifications; product warranty issued
100% Inspection
Task 3: Collection Log Boom [PWS paragraph 3.3]
100% of requirement meets design and product specifications; product warranty issued
Zero deviation from
PWS
100% Inspection
Task 4: Debris Collection [PWS paragraph 3.4]
Debris collected for 3 days Zero deviation from
100% Inspection
Task 5: Equipment/Systems Familiarization Training [PWS paragraph 3.5]
Training conducted for USACE personnel
OPTIONAL
Task 6: Debris Collection [PWS paragraph 3.6]
Debris collected as extended Zero deviation from PWS
APPENDIX C
Deliverables Schedule
Paragraph Reference
Milestone or Deliverable Delivery Date
3.1
Containment Log Boom and Anchors – Takelma Cove
-Design Prior to start of work
-Construction 21days from date of award
-Collection Log Boom Warranty 21 days from date of award
3.2
Containment Log Boom and Anchors – Catfish Cove -Design Prior to start of work
-Construction 26 days from date of award
-Containment Log Boom and Anchors Warranty
26 days from date of award
3.3
Collection Log Boom -Design Prior to start of work
-Construction 31 days from date of award
-Containment Log Boom and Anchors Warranty
31 days from date of award
3.4 Debris Collection Completion
36 days from date of award
3.5 Equipment/Systems Familiarization Training
Upon completion of log booms
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
DEC 2014
52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May 2011) Alternate I
MAY 2011
52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-15 Stop-Work Order AUG 1989 52.246-1 Contractor Inspection Requirements APR 1984 52.247-27 Contract Not Affected by Oral Agreement APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.225-7035 Alt I Buy American--Free Trade Agreement--Balance of Payments
Program Certificate--Alternate I (NOV 2014) - Alternate I
NOV 2014
252.225-7036 Alt I Buy American--Free Trade Agreement--Balance of Payments Program--Alternate I (Nov 2014)
NOV 2014
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.000-4006 CONTRACT ADMINISTRATOR
Contract will be administered by:
Department of the Army, Portland District Corps of Engineers P. O. Box 2946 Attn: CENWP-CT-S Portland, Oregon 97208-2946
Name: __Sue Jones________________________ Telephone: ____503-808-4632___________________
52.000.4007 INVOICE SUBMITTAL:
Original to:
U.S. Army, COE, Finance Center Attn: CEFC-AO-P 5722 Integrity Drive Millington, TN 38054-5005
One copy:
Frank Busch 541-878-2255 Frank.C.Busch@usace.army.mil
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (NOV 2014)
(a) Definition. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity;
or
(2) An identifier assigned by a member of the North Atlantic treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.
(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via--
(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).
(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp.
(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/Forms/Form_AC135.asp.
(d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.
(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.
(f) Do not delay submission of the offer pending receipt of a CAGE code.
(End of Provision)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (NOV 2014)
(a) Definition. As used in this clause--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.
(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Contractor and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.
(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Contractor and Government Entity (CAGE) Branch. Requests for changes shall be provided on a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code, to the address shown on the back of the DD Form 2051. Change requests to the CAGE master file are accepted from the entity identified by the code.
(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau or NSPA to request CAGE changes. Points of contact for National Codification Bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/Forms/Form_AC135.asp. (e) Additional guidance for maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.
(End of Clause)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Evaluation of Quotes shall be evaluated by price only. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation and is the lowest price.
(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).
(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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 posted electronically on the SAM website.
(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 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), 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 (p) 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.
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