W912BU-16--T-0005.pdf

SEE ADDENDUM

(No Collect Calls)

W912BU-16-T-0005 02-Nov-2015

b. TELEPHONE NUMBER

215-656-6771

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 20 Nov 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.

W912BU9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRUCE E HAYES

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

W25PHS51620539

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

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 E5R0720 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

OPS PHYS SB-FT MIFF DISTRIB

FORT MIFFLIN DIST. CNTR U.S. ARMY RESERVATION

LIN

PHILADELPHIA PA 19153

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$7,500,000.00

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF47

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.

W912BU-16-T-0005

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 56 Each

OVERHAUL AND REPAIR CYLINDER HEADS MD-09

FFP

Contractor will overhaul fifty (56) ALCO model 251-C marine engine cylinder heads IAW the SOW.

FOB: Destination

MILSTRIP: W25PHS51620539

PURCHASE REQUEST NUMBER: W25PHS51620539

NET AMT

CONTRACTING OFFICER AUTHORITY

"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."

SYSTEM FOR AWARD MANAGEMENT REGISTRATION: All contractors are required to register in the System for Award Management (SAM) database before an award can be made.

Contractor’s can obtain information on registration and annual confirmation requirements by calling 866-606-8220 or via the Internet at https://www.sam.gov.

In accordance with FAR 52.204-10, “Reporting Executive Compensation and First-Tier Subcontract Awards,” contractors are required to report information on subcontract awards for all awards over $30,000.00. The contract shall follow the instructions and report the required information at http://www.fsrs.gov. The contractor is responsible for notifying its subcontractors that the required information will be made public.

Contractors who receive a federal contract in excess of $25,000.00 are required by legislation (FAR 22.1310(b)) to submit an annual VETS-100 Report on your employment of targeted veterans. Information on submitting your report may be obtained by calling 703-461-2460 or by accessing the following internet web site: http://www.dol.gov/vets/vets-100.html/.

STATEMENT OF WORK (SOW/PWS)

STATEMENT OF WORK/ Peerformance Work Statement

SPARES DESIGNATION: MD-09-05-22

It is the Government’s intention to have a total of fifty (56) ALCO model 251-C marine engine cylinder heads overhauled. Contractor will provide all labor, parts, materials, equipment and services required to rebuild and overhaul engine cylinder heads in accordance with ALCO specifications MI-11020G, DRP-12200N, and DRP-12400H. It is the contractor’s responsibility to obtain the publications from FM/ALCO to assure they are using the most current information for the job.

NOTICE TO Vendors / Contractor:

Prospective vendors should be aware that the ALCO part numbers listed throughout this package were those available to us at the time. The Government realizes that numbers are constantly being revised or superceded, especially with GE/ALCO now being FM/ALCO under Coltec Industries, and now Fairbanks Morse/Alco Engine Div.

It is the contractor’s responsibility to ascertain which parts numbers have been changed and automatically use the newer parts numbers for parts, so long as the part being provided is still the exact same OEM part. If the parts themselves have been altered, then the contractor must notify the Government representative or Contracting Officer. The Contractor is to provide documentation to the origin of all parts used in overhauling the 251-C cylinder heads

The description provided herein identifies the ALCO 251 style engines used on board the U.S. Army Dredge McFARLAND. The correct rebuilt head is to be determined by written description of parts to be utilized more so then the part number. Much discussion arises from which part numbers are current versus those superceded. Again, the correct unit is to be determined by narrative description more so then part number.

NOTE: The contractor is responsible for shipping charges both for receiving the material to be refurbished, and once the material has been rebuilt and being returned to the Government. The contractor can either make arrangements with his own carrier or have the Government pick a carrier. In either event, the shipping charges shall be collect to the Contractor. Coordination for shipment of the engine heads shall be with Richard Burns, U.S. Army Corps of Engineers, Fort Mifflin Distribution Center, at 1-215-365-5095.

The contractor shall obtain most current publication copies directly from ALCO to insure latest revisions and changes are utilized.

No engine head will be condemned because of the casting or serial number. It is understood that a newer style head casting have been developed and utilized on some ALCO engines, especially those that run at a much higher speed then those used by the Dredge McFARLAND. For his reason, ALCO has been condemning the older serialized engine heads. The government is not changing out the current Dredge McFARLAND engine heads to the newer style, which required a one-time adapter kit. It is our intent to continue to utilize the older style engine application.

The only reason an engine head casting is to be condemned is because of the lack of rebuilding ability, due to cracks, pitting, corrosion, or test failure. The repair facility must be willing to accept this condition prior to submission of bid or accepting award of the purchase order.

AT THIS TIME, THE GOVERNMENT WILL NOT PURCHASE NEW STYLE HEADS.

Any casting condemned for any reason must be returned to the Government, with a written explanation of why it is being condemned. The casting itself must be marked in an indelibly marking “CONDEMNED”. These units are Government property and are to be treated as such, no matter what the condition or status.

It is the intent of this acquisition to completely disassemble, thoroughly clean the ALCO engine heads and parts, then to rebuild, overhaul, test, and return to serviceability. The ALCO engine heads are for the 251-C model diesel engine. All work shall be in strict accordance with the below listed and all ALCO rebuilding instructions, bulletins, and service manual MI-110206; DRP-12200N; DPR-12400H, MI-11020G; and EB-11020.

REQUIREMENTS: These requirements are to be completed in conjunction with the information provided by ALCO rebuilding specifications, requirements, and service manual MI-11020G, and applicable publication listed on the preceding page.

A. After disassembly of the heads and parts, examine all parts including valves, seats, springs, valve stem guides, and yokes. Measure all clearances and dye test for cracks, and then report findings in writing to the Contracting Officer’s Representative (COR) via the Condition Report, one condition report per cylinder head.

B. The stripped heads shall be dipped in a solution that will clean all internal passages free of scale, sediment and carbon accumulations. After cleaning, re-dip the heads in a neutralizer and flush with fresh water.

C. Hydrostatically test heads to 70 lbs.With 190 degree water as per ALCO instruction MI-

11020G and prove tight.

D. Re-roll fuel injection sleeve, if leaking.

E. Replace all valve guides, only with ALCO guides. All guides shall be contractor furnished.

F. Replace existing valves for the intake ports; replace valves with new contractor furnished ALCO brand 30-degree valves. This shall include all standard or oversized valve seats for intake valves. All valves and seats are to be ALCO authorized parts.

Any boring or machine work for the installation of oversized valve seats shall be done at the Contractor’s expense.

G. If oversized seats are necessary or required, then all work shall cease for that cylinder head and the COR shall be notified immediately. Unless otherwise specified, the unfinished head shall be preserved, marked with condition, and returned to the Government, at which time the government shall not pay a full item price. The government may choose to replace this unit with another in need of repair. A reduced price for the work accomplished shall be submitted and be examined. If necessary, the contract will be modified, for the unfinished unit (s).

H. Provide new snap rings and spring seats, with authorized ALCO parts, for the new contractor furnished 30-degree ALCO valves and any other minor parts or hardware necessary to install the valves. Insure proper seating of the new all valves to the all valve seats. Grind and lap as necessary to ALCO specifications.

I. Machine grind and lap in all exhaust valves to the contactor furnished new valve seats standard or oversized. Contractor shall provide and install new spring seats and locks.

Check concentricity of the valves to the seats in accordance with manufacturer’s instructions and service manual MI-11020G. Replace all springs with only authorized ALCO replacement parts. Exhaust valves, which are worn beyond ALCO, requirements shall be replaced with new OEM exhaust valves. Any exhaust valve, which must be renewed, will be paid for separately by modification to this contract.

J. Reassemble the heads as per MI-11020G. Blank off as required and test with compressed air. Prove intake and exhaust valves are tight. Any minor repairs, adjustments or regrinding and lapping shall be completed and the heads re-tested. If any heads cannot pass a second re-testing, this will be brought to the immediate attention of the C.O.R. at which time a determination will then be made to see if the engine head wear is beyond serviceable limitations.

K. Check condition and re-install the two nozzle clamp studs, special plug for stud, and two special studs for H.P. fuel lines. If any of these are missing or are defective, provide and install exact ALCO replacements. Replacement parts will be Contractor furnished and paid for separately as a modification to the contract.

L. Completed heads shall be wiped clean again, the outer perimeter given a coat of heat resistant primer, and when dry, a final coating of heat resistant enamel gray paint.

Then each head shall be covered with a light liquid preservative material. Provide and install cardboard compression joint guards and strap them securely over the lapped compression joint surfaces. The head shall either be tightly wrapped with a moisture proof self adhering wrapping material or place in an extra heavy duty tightly sealed plastic bag .008 inch thick minimum. Each finished engine head shall be packaged individually. One unit per container.

M. Package containers can either be made of wood, a totally enclosed crate of 5/8-inch plywood minimum, with chocking and blocking to eliminate shifting in transit or handling. The lid must be secured with either lag bolts or Phillips head wood screws.

This will eliminate destroying the crate to remove the head.

N. As an option, the Contractor can provide substantially extra heavy duty full flapped slotted cartons having a minimum bursting strength of 600 psi, with a double faced corrugated fiberboard liner for sides. The engine head is to be chocked in place with fan fold type corrugated fiberboard material. The entire carton is to be sealed with extra heavy duty packing tape and stapled. Finally, the cartons are to be banded tightly closed with ½ inch to ¾ inch steel strapping material, two straps per carton.

O. Along with the finished engine heads to be returned to the Government, the following used parts shall also be returned in a separate Contractor furnished box or carton.

1. All intake valves from each head, two per head

2. All condemned valve springs, guides and yokes

3. All old valve seats, four per head, 30 and 45 degree

4. All condemned 45 degree valves

P. The Government will furnish to the contractor, the used heads. All shipping and transportation fees will be at the Contractor’s expense and will be shipped to the contractor C.O.D., or they can be picked up by the Contractor or his representative at Fort Mifflin Distribution Center in Philadelphia. The finished packages containing the heads shall be delivered to the Fort Mifflin Distribution Center Facility at 6400 Hog Island Road, Philadelphia, PA, 19153- 5098, prepaid, that is F.O.B. destination

Q. The contractor shall furnish under the contract the following parts, which must be authentic ALCO parts, except for hardware items.

1. All minor hardware, fittings, materials and tools to accomplish the work specified

2. One hundred twelve (112) 30-degree ALCO intake valves and seats (P/N

2231211 & 22211817), with snap rings

3. One hundred twelve (112) 45-degree ALCO exhaust valves seats only

(P/N 22211815), with snap rings.

4. Two hundred twenty four (224) valves spring seats and locks

5. Two hundred twenty four (224) valve springs

6. Two hundred twenty four (224) valve guides

R. The following items, if required, shall be furnished by the Contractor and paid by contract modification. Verification of these parts is required in writing from the Contractor. All old unusable or condemned parts on this list shall be returned to the Government. The contractor must use only authentic ALCO replacement parts. Parts other than those, especially the intake and exhaust valves, not stamped or marked by ALCO, are not authentic or authorized replacement parts.

1. 45 degree exhaust valves (P/N 22311210)

2. Equalizer guides or yokes

3. Fuel valve seats

4. Stud nozzle clamp 5/7-11x5-5/16 inch (P/N 2151429-5)

5. High pressure fuel line studs

6. Plug Spl. for nozzle clamp and stud (P/N 2221082)

The above listing is not limited to the items mentioned, as it is understood that any unforeseen defective parts not covered as Government-furnished or Contractor-furnished, whether as a bid or as a supplemental item, would need replacing in order to complete all required repairs. These items, if not covered, shall be brought to the attention of the C.O.R., and will be addressed in a contract modification

S. All heads provided are to be returned with the conventional premium non-rotation valves.

PERIOD OF PERFORMANCE:

No later than 150 Days after date of contract award

SPECIALMARKINGS:

Each package and container will be marked with the following information in at least 3/4 inch stenciled lettering, or machine type labels, highlighting the spares designation number.

A. Spares Designation: MD-09-05-22 B. Description: Alco 251 Cyl. Hd. P/N 22200222 C. Gross weight (currently ranges from 290 to 330 lbs.) Actual weight is to be determined by contractor.

D. Purchase Order Number (W912BU-15-__-___) E. Date of repair

All markings shall be required on the two opposite long sides of each container.

WARRANTY:

The contractor is required to assure that each overhauled Alco engine head is serialized or identification number permanently marked on the casting. The contractor is required to record the serial or permanent marked number for all the engine heads overhauled and repaired.

The contractor shall retain a record of these numbers and as well provide a complete copy of the same listing to the Technical Point of Contact, Richard J. Burns. The contractor shall certify the listing.

The contractor shall offer with his proposal a warranty for parts, craftsmanship and workmanship for each engine head in accordance with the contract clauses. This warranty shall be retained on file in case there is a need to undertake some warranty related repairs, at a later date. The warranty shall be set up for the number of operational hours rather than days. A number of these repaired heads will be placed into Corps of Engineers stock system and may not be pulled out and used in a timely manner.

Storage periods can run as much as two years after repair, so proper preservation is essential. The assigned serial number or identification number shall be marked on the outside of each carton, with a hard card placed inside with the identification information, date and contract number. It is our intent to maintain a file of these cards when the heads are pulled for installation.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 150 dys. ADC 56 OPS PHYS SB-FT MIFF DISTRIB

FORT MIFFLIN DIST. CNTR U.S. ARMY

RESERVATION

LIN

PHILADELPHIA PA 19153

FOB: Destination

E5R0720

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 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

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

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-17 Ownership or Control of Offeror NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (OCT 2015) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.212-5 Alt I (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019) Alternate I

OCT 2015

52.215-2 Audit and Records--Negotiation OCT 2010 52.219-8 Utilization of Small Business Concerns OCT 2014 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

SEP 2010

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2014 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-5 Trade Agreements NOV 2013

52.225-6 Trade Agreements Certificate MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-3 Protest After Award AUG 1996 52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-25 Limitation Of Liability--Services FEB 1997 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015 252.204-7011 Alternative Line Item Structure SEP 2011 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.209-7992 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law - Fiscal Year 2015 Appropriations

DEC 2014

252.211-7003 Item Unique Identification and Valuation DEC 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

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

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain;

and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(End of provision)

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)

(a) Definition. Women-owned business concern, as used in this provision, means a concern 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; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ___ ) is a women-owned business concern.

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) - ALTERNATE I (SEPT 2015)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 811310

(2) The small business size standard is $7,500,000.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that--

(i) It ( ___ ) is, ( ___ ) is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ---- ___ ------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--

(i) It ( ___ ) is, ( ___ ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----- ___ -----.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)

The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It ( ___ ) is, ( ___ ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ___ ) is, ( ___ ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: ___ .) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(9) (Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.) The offeror shall check the category in which its ownership falls:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

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 the size standard in paragraph (a) of this provision.

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 small business concern," means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs

(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other…