Solicitation_W9127S-16-R-0010.pdf

SEE ADDENDUM

(No Collect Calls)

W9127S-16-R-0010 30-Mar-2016

b. TELEPHONE NUMBER

5013401255

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 29 Apr 2016

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.

W9127S9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

THOMAS N COOPER

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

CONTRACTING DIVISION

USACE, LITTLE ROCK (W9127S)

700 W. CAPITOL AVE, RM 7315

LITTLE ROCK AR 72201-3225

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 967275 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MEDICAL SUPPORT BRANCH

TAMMY JONES

P.O. BOX 867 700 WEST CAPITAL

LITTLE ROCK AR 72203

TEL: 501.340.1070 FAX:

(501) 324-5196FAX:

TEL: (501) 340-5720 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

38,500,000

NAICS:

561210

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 OF67

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.

W9127S-16-R-0010

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Year One Service Calls

FFP

The Contractor shall furnish all labor to include but not limited to; supervision, management, incidental engineering. All materials and other items necessary to provide Facility Investment Services in Region 2 locations outlined and described in the most current associated Performance Work Statement (PWS). Pricing is established using the current RS Means book for the year in which the order is placed. The base year is 11 months due to the first month being the Pre Work Submittals (see CLIN 0006). A co-efficient (set on the base contract) will be applied to the price for both the labor and materials established in RS Means for the final price paid to the contractor. NOTE: The RS Means co-efficient will not be used or applied.

This is divided into two (2) Sub-CLINS based on funding provided by the Directorate of Logistics (DOL) or the Department of Public Works (DPW). The FOB: Destination

NET AMT

0001AA 11 Months DOL Service Calls

FFP

Directorate of Logistics (DOL) - This is a specified type of funding associated with this line item. The period Qty Capacity is $100,000.00 for this line item.

0001AB 11 Months DPW Service Calls

FFP

Directorate of Public Works-This is a specified type of funding associated with this line item.

The period Qty Capacity is $350,000.00 for this line item.

0003 11 Months Facilities Maintenance Services

FFP

The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering. All materials and other items necessary to provide Facility Investment Services in Region 2 locations outlined and described in the Performance Work Statement (PWS).

Facilities Maintenance Services OPTIONAL

FFP

The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering. All materials and other items necessary to provide Facility Investment Services in the Region 2 optional sites. These sites may or may not require services.

0004AA 11 Months Facitily Maintenance Services TX050

FFP

The contractor shall provide Facility Maintenance Services in accordance with the PWS at optional site TX050 Lubbock, TX.

0004AB 11 Months Facitily Maintenance Services TX056

FFP

The contractor shall provide Facility Maintenance Services in accordance with the PWS at optional site TX056 Midland, TX.

0004AC 11 Months Facitily Maintenance Services TX181

FFP

The contractor shall provide Facility Maintenance Services in accordance with the PWS at optional site TX181 Fort Worth, TX.

0004AD 11 Months Facitily Maintenance Services TX211

FFP

The contractor shall provide Facility Maintenance Services in accordance with the PWS at optional site TX211 Abilene, TX.

0005 11 Months Indefinite Quantity

FFP

This CLIN is for items not covered in CLINS 0001 - 0004. The Contractor shall furnish all labor to include but not limited to; supervision, management, incidental engineering. All materials and other items necessary to provide Facility Investment Services in Region 3 locations outlined and described in the most current associated Performance Work Statement (PWS).

This CLIN will include the offeror’s proposed Coefficient amount indicated within the ELIN bid sheet (see attached Excel file). This proposed Coefficient amount will aid in the price evaluation for this solicitation. The proposed Coefficient amount will be applied to all future negotiated Task Orders stemming from award.

The Period Indefinite Quantity Capacity is $500,000.00 for this line item.

Associated Line Item Cost:

(Unit Priced Labor – Normal Working Hrs) $350,000

(Unit Priced Labor – Other than Normal Working Hrs) $25,000

Associated Line Item Cost:

(Martial support/Equipment support) $125,000.00

0006 1 Months Pre-Work Submittals

FFP

The contractor will have 30 days after date of award to provide all all permits, licenses, accident prevention plans, quality management plans, quality control plans, etc as required by the PWS to successfully start in all locations designated in the region at the end of the start-up submittal period.

0007 1 Each Contract Manpower Reporting

FFP

Contractor will conduct contract manpower reporting in accordance with Section

2.15 in the Management and Administration section of the PWS.

Year Two Service Calls

FFP

The Contractor shall furnish all labor to include but not limited to; supervision, management, incidental engineering. All materials and other items necessary to provide Facility Investment Services in Region 2 locations outlined and described in the most current associated Performance Work Statement (PWS). Pricing is established using the current RS Means book for the year in which the order is placed. The base year is 11 months due to the first month being the Pre Work Submittals (see CLIN 0006). A co-efficient (set on the base contract) will be applied to the price for both the labor and materials established in RS Means for the final price paid to the contractor. NOTE: The RS Means co-efficient will not be used or applied.

This is divided into two (2) Sub-CLINS based on funding provided by the Directorate of Logistics (DOL) or the Department of Public Works (DPW). The

1001AA 12 Months DOL Service Calls

FFP

Directorate of Logistics (DOL) - This is a specified type of funding associated with

1001AB 12 Months DPW Service Calls

FFP

Directorate of Public Works-This is a specified type of funding associated with this line item.

1003 12 Months Facilities Maintenance Services

FFP

The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering. All materials and other items necessary to provide Facility Investment Services in Region 2 locations

Facilities Maintenance Services OPTIONAL

FFP

(OPTIONAL SITES)The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering. All materials and other items necessary to provide Facility Investment Services in the Region 2 optional sites. These sites may or may not require services.

1004AA 12 Months Facitily Maintenance Services TX050

FFP

The contractor shall provide Facility Maintenance Services in accordance with the

1004AB 12 Months Facitily Maintenance Services TX056

FFP

The contractor shall provide Facility Maintenance Services in accordance with the

1004AC 12 Months Facitily Maintenance Services TX181

FFP

The contractor shall provide Facility Maintenance Services in accordance with the

1004AD 12 Months Facitily Maintenance Services TX211

FFP

The contractor shall provide Facility Maintenance Services in accordance with the

1005 12 Months Indefinite Quantity

FFP

This CLIN is for items not covered in CLINS 1001 - 1004. The Contractor shall furnish all labor to include but not limited to; supervision, management, incidental engineering. All materials and other items necessary to provide Facility Investment Services in Region 3 locations outlined and described in the most current associated Performance Work Statement (PWS).

This CLIN will include the offeror’s proposed Coefficient amount indicated within the ELIN bid sheet (see attached Excel file). This proposed Coefficient amount will aid in the price evaluation for this solicitation. The proposed Coefficient amount will be applied to all future negotiated Task Orders stemming from award.

Period Indefinite Quantity Capacity is $500,000.00 for this line item.

Associated Line Item Cost:

(Unit Priced Labor – Normal Working Hrs) $350,000 (Unit Priced Labor – Other than Normal Working Hrs) $25,000

Associated Line Item Cost:

1006 1 Each Contract Manpower Reporting

FFP

Contractor will conduct contract manpower reporting in accordance with Section

Year Three Service Calls

FFP

The Contractor shall furnish all labor to include but not limited to; supervision, management, incidental engineering. All materials and other items necessary to provide Facility Investment Services in Region 2 locations outlined and described in the most current associated Performance Work Statement (PWS). Pricing is established using the current RS Means book for the year in which the order is placed. The base year is 11 months due to the first month being the Pre Work Submittals (see CLIN 0006). A co-efficient (set on the base contract) will be applied to the price for both the labor and materials established in RS Means for the final price paid to the contractor. NOTE: The RS Means co-efficient will not be used or applied.

2001AA 12 Months DOL Service Calls

FFP

Directorate of Logistics (DOL) - This is a specified type of funding associated with

2001AB 12 Months DPW Service Calls

FFP

Directorate of Public Works-This is a specified type of funding associated with this line item.

2003 12 Months Facilities Maintenance Services

FFP

The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering. All materials and other items necessary to provide Facility Investment Services in Region 2 locations

Facilities Maintenance Services OPTIONAL

FFP

The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering. All materials and other items necessary to provide Facility Investment Services in the Region 2 optional sites. These sites are optional and may or may not require services.

2004AA 12 Months Facitily Maintenance Services TX050

FFP

The contractor shall provide Facility Maintenance Services in accordance with the

2004AB 12 Months Facitily Maintenance Services TX056

FFP

The contractor shall provide Facility Maintenance Services in accordance with the

2004AC 12 Months Facitily Maintenance Services TX181

FFP

The contractor shall provide Facility Maintenance Services in accordance with the

2004AD 12 Months Facitily Maintenance Services TX211

FFP

The contractor shall provide Facility Maintenance Services in accordance with the

2005 12 Months Indefinite Quantity

FFP

This CLIN is for items not covered in CLINS 2001 - 2004. The Contractor shall furnish all labor to include but not limited to; supervision, management, incidental engineering. All materials and other items necessary to provide Facility Investment Services in Region 3 locations outlined and described in the most current associated Performance Work Statement (PWS).

This CLIN will include the offeror’s proposed Coefficient amount indicated within the ELIN bid sheet (see attached Excel file). This proposed Coefficient amount will aid in the price evaluation for this solicitation. The proposed Coefficient amount will be applied to all future negotiated Task Orders stemming from award.

Period Indefinite Quantity Capacity is $500,000.00 for this line item.

Associated Line Item Cost:

(Unit Priced Labor – Normal Working Hrs) $350,000 (Unit Priced Labor – Other than Normal Working Hrs) $25,000

Associated Line Item Cost:

2006 1 Each Contract Manpower Reporting

FFP

Contractor will conduct contract manpower reporting in accordance with Section

CLAUSES INCORPORATED BY REFERENCE

52.252-2 Clauses Incorporated By Reference FEB 1998 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.233-1 Disputes MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-23 Assignment Of Claims MAY 2014 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.217-5 Evaluation Of Options JUL 1990 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.202-1 Definitions NOV 2013

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 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0004AA Destination Government Destination Government 0004AB Destination Government Destination Government 0004AC Destination Government Destination Government 0004AD Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 N/A N/A N/A Government 1001 Destination Government Destination Government 1001AA Destination Government Destination Government 1001AB Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1004AA Destination Government Destination Government 1004AB Destination Government Destination Government 1004AC Destination Government Destination Government 1004AD Destination Government Destination Government

1005 Destination Government Destination Government 1006 N/A N/A N/A Government 2001 Destination Government Destination Government 2001AA Destination Government Destination Government 2001AB Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2004AA Destination Government Destination Government 2004AB Destination Government Destination Government 2004AC Destination Government Destination Government 2004AD Destination Government Destination Government 2005 Destination Government Destination Government 2006 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 22-AUG-2016 TO

21-JUL-2017

N/A MEDICAL SUPPORT BRANCH

TAMMY JONES

P.O. BOX 867 700 WEST CAPITAL

LITTLE ROCK AR 72203

501.340.1070

967275

0001AA POP 22-AUG-2016 TO

21-JUL-2017

N/A (SAME AS PREVIOUS LOCATION)

0001AB POP 22-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 22-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 22-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AA POP 22-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AB POP 22-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AC POP 22-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AD POP 22-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 22-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 22-JUL-2016 TO

21-AUG-2016

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 22-JUL-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 22-JUL-2017 TO

21-JUL-2018

N/A (SAME AS PREVIOUS LOCATION)

1001AA POP 22-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AB POP 22-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 22-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 22-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004AA POP 22-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004AB POP 22-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004AC POP 22-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004AD POP 22-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 22-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 22-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 22-JUL-2018 TO

21-JUL-2019

N/A (SAME AS PREVIOUS LOCATION)

2001AA POP 22-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AB POP 22-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 22-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 22-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004AA POP 22-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004AB POP 22-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004AC POP 22-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004AD POP 22-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 22-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 22-JUL-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

ADDITIONAL NOTES

**The maximum contract capacity for this Single Award Task Order Contract (SATOC) is $9M **The minimum guarantee is $25,000 for the base level contract **The terms Facility Investment Services and Preventative Maintenance Services are used throughout the PWS and Solicitation interchangeably

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-18 Variation in Estimated Quantity APR 1984 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)

OCT 2015

252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7991 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any Federal Law - Fiscal Year 2016 Appropriations.

(DEVIATION 2016-O0002)

OCT 2015

252.219-7010 Alternate A JUN 1998 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CONSTRUCTION CLAUSES

These Clauses will only be applicable to task orders issued with a construction requirement.

52.211-10 Commencement, Prosecution, and Completion of Work APR 1984 52.222-7 Withholding of Funds MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-32 Construction Wage Rate Requirements--Price Adjustment (Actual Method)

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-16 Quantity Surveys APR 1984 52.243-4 Changes JUN 2007 52.246-12 Inspection of Construction AUG 1996 252.236-7013 Requirement for Competition Opportunity for American

Steel Producers, Fabricators, and Manufacturers

JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

XX (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub.

L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Oct 2015) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

XX (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

XX (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (39)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

XX (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____(42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

XX (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

XX (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Federal Wage Code Monetary Wage-Fringe Benefits

CARPENTER, MAINTENANCE

WG-9 23.15

ELECTRICIAN, MAINTENANCE WG-10 24.36

LABORER, GROUNDS MAINTENANCE WG - 3 14.2

PLUMBER, MAINTENANCE WG - 9 23.15

PEST CONTROLLER (Exterminator) WG - 7 20.74

MAINTENANCE TRADES HELPER WG - 5 17.47

PAINTER, MAINTENANCE WG - 9 23.15

XX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from July 23, 2016 through July 22, 2019.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $150,000.00;

(2) Any order for a combination of items in excess of $150,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the period of performance on any task order issued by the Government within the contract’s performance period.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://farsite.hill.af.mil

(End of provision)

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-7 System for Award Management JUL 2013 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.237-1 Site Visit APR 1984 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i),…