W912BU18Q0028.pdf
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Pittsburgh Rope Access Solicitation
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SEE ADDENDUM
(No Collect Calls)
W912BU18Q0028 05-Sep-2018
b. TELEPHONE NUMBER
215-656-6762
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 11 Sep 2018
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
HELENA R DINOFA
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
W25PHS82017408
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
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 W25PHS 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
E&C DIV-ENG BR-STRUCT SEC
BEATRICE ARREOLA
USACE, PHILA., DISTRICT
100 PENN SQUARE EAST
PHILA PA 19107
TEL: 215-656-6600 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$15,000,000
NAICS:
541690
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF51
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.
W912BU18Q0028
Section SF 1449 - CONTINUATION SHEET
PLEASE NOTE
PLEASE NOTE:
“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 ATTEMPS 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.”
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Base Contract
FFP
Rope Access Safety Oversight 6 Tainter gates Morgantown, WV in accordance with Scope of Work.
FOB: Destination
PURCHASE REQUEST NUMBER: W25PHS82017408
NET AMT
0002 1 Job OPTION Opt 1
FFP
Rope Access Safety Oversight 6 Tainter gates Morgantown, WV in accordance with Scope of Work.
0003 1 Job Base Contract
FFP
Rope Access Safety Oversight & Weld Inspection 5 Tainter gates Charleroi Belle Vernon, PA in accordance with Scope of Work.
0004 1 Job OPTION Opt 2
FFP
Rope Access Safety Oversight & Weld Inspection 5 Tainter gates Charleroi Belle Vernon, PA in accordance with Scope of Work.
SCOPE OF WORK
30 Aug 2018
PERFORMANCE WORK STATEMENT
Rope Access Rigging and Oversight & Non-Destructive Testing for
Structural Inspections at Pittsburgh District Dams
1. TECHNICAL SCOPE
1.1 General: The Contractor shall perform the following duties: Develop effective rigging and safety plan, provide appropriate rigging for all inspectors, supply all necessary rescue/rigging and rope access equipment, perform safety oversight and provide potential rescue services for U.S. Army Corps of Engineers (USACE) structural engineers inspecting various bridges and dams throughout Pittsburgh District. Perform non-destructive testing (NDT) at Charleroi Lock and Dam. See the table below for details at each site.
1.2 Duration and dates: The inspections are scheduled for the dates listed in the table below, but the dates are tentative and are subject to change. Ten hour workdays are to be assumed.
Travel to and from the project is intended to be outside of the inspection days.
Project Location Structures
# USACE
Inspectors
Inspection Dates
Duration (days)
Required Services
Morgantown L/D
Morgantown, WV
6 Tainter gates
18-19 Sep
2A
BASE
Rope Access
Safety Oversight
Morgantown L/D
Morgantown, WV
6 Tainter gates
2 20 Sep 2018 1
OPTION
Rope Access Safety Oversight
Charleroi L/D
Belle Vernon, PA
5 Tainter gates
5-6
November
2 A
BASE
Rope Access
Safety Oversight & Weld Inspection
Charleroi L/D
Belle Vernon, PA
5 Tainter gates
7 November
OPTION
Rope Access
Safety Oversight & Weld Inspection
AThe contract duration assumes two (2) days total of rope access safety oversight time for the base bid. Additional option days may be exercised one at a time if necessary. A workday will consist of 10 hours. The options will be exercised such that work days are consecutive.
1.3 Detailed Requirements – Base Contract: The Contractor shall complete the following tasks:
1.3.1 Development of Job Hazard Analysis (JHA) for rope access. The Contractor shall coordinate with the USACE technical POC to develop and provide the JHA, including rescue plan, and host a pre-work safety briefing before inspection work commences. The JHA shall be developed to the extent possible with information available prior to the inspection and submitted to the USACE as a draft no less than two (2) days prior to the inspection. This plan will be discussed via telephone with the contractor prior to its development. All materials developed and submitted by the contractor will be reviewed for content, correctness, and compliance with EM 385-1 prior to the inspection. The JHA shall be completed on site by the Contractor with USACE and facility POC input, reviewed and signed by all applicable parties at the pre-work safety briefing prior to the inspection. Prior to conducting any rope access work before each shift, the Contractor shall hold documented safety meetings, rescue pre-planning, and complete and provide Job Hazard Analysis forms. The Contractor’s Rope Access Safety Oversight Technician shall participate in a teleconference (approximately one (1) hour duration) with members of the inspection team and USACE project personnel at least two (2) days prior to the commencement of the work to discuss the rigging plan, equipment needs, and other logistics.
1.3.2 Safety oversight of USACE engineers performing inspection via rope access by a SPRAT or IRATA certified Level III Team Leader/Rope Access Technician. The safety oversight and assistance will include performing and ensuring proper rigging strategies and all actions are in accordance with requirements outlined in SPRAT or IRATA industry standards and as outlined in the USACE Safety Manual referenced in Section 1.5 below. In addition to the certification requirements, the Level III team leader must have previous experience as Level III on a minimum of 3 similar structural inspection jobs, and the Level II technician must have previous experience as Level II on a minimum of 3 similar structural inspection jobs.
The weld inspector performing NDT at Charleroi Lock & Dam must be an American Society for Nondestructive Testing (ASNT) Level II certified NDT technician, who also holds a minimum IRATA or SPRAT Level I Rope Access Technician certification. The ASNT inspector must have experience with ultrasonic shear wave inspection methods while using rope access on three (3) similar structural inspection jobs within the previous three (3) years.
The names, qualifications, and previous experience records of the proposed technicians that will be assigned to this project, to include SPRAT or IRATA certifications, ASNT certifications, and work experience shall be submitted to USACE with the Contractor’s cost proposal.
1.3.3 Develop comprehensive rigging and access plan to allow USACE inspectors to perform hands-on close-up visual inspection of all bridge, gate, and bulkhead components, including but not limited to, the girders, floorbeams, stringers, bracing, diaphragms, bearings, etc. for bridges, and the upstream skin plate, downstream gate horizontal girders, strut arms, horizontal ties, bracing members, trunnion bearings, etc. for gates and bulkheads. Ensure inspection is coordinated with the USACE technical POC. USACE will provide the necessary equipment to rig for general ascending and descending operations (ropes, rope protection, anchors (webbing, metal slings, carabiners). USACE inspectors are SPRAT or IRATA Level I certified and will provide their own personal gear to include multi-purpose harness. If the Contractor’s rigging and access plan involves rigging for rescue, hauling, or any situation that requires equipment not listed above such as pullies, mini-hauls, etc. the contractor is responsible to provide that equipment. Contractor shall be prepared to manage sufficient rigging necessary for the number of USACE inspectors indicated in the table above to be on the ropes at any one time. The second safety oversight technician may be a SPRAT/IRATA Level II certified person working under the overall site Level III team leader. USACE will provide extra equipment, as listed above, to facilitate moving equipment to the next inspection point in order to minimize the down time of the USACE inspection team.
1.3.4 The Contractor shall perform non-destructive testing (ultrasonic shearwave) of welds with ASNT certified Level II weld inspectors at Charleroi Locks & Dam. Rope access will be required to access the welds, therefore, the ASNT Level II weld inspector must also be certified at least as Level I Rope Access Technicians. Details of NDT shall be coordinated with the USACE technical POC prior to work. See Attachment 4 for weld locations. Additional locations requiring testing may be identified on site during the inspection. Welds shall be inspected using visual and NDT methods in accordance with AWS D1.1:2010. The NDT technician performing Ultrasonic Testing (UT) shall be qualified to ASNT Level II or III as specified in subsection 6.14.6.1 (see Attachment 1). Acceptability of welds shall be in accordance with AWS D1.1:2010, Table 6.3 for UT for cyclically loaded structures (see Attachment 2). NDT test reports shall identify the location of flaws that do not meet the acceptance criteria and the actual location of flaws shall be marked on the tested welds using indelible ink visible for photos. The NDT technician shall photograph all tested locations that contain defects. The photos shall show the location of defects and shall identify the gate number and location of the defect on the structure. Written report shall provide level of failure, including reference level, sound path, indication level, length, location, etc. Simply providing a "pass/no pass" documentation report of NDE results will NOT be acceptable. Results must be sufficient to allow analysis of weld deficiency and location of flaw for structural weld repairs. Draft written reports of weld testing shall be provided to the USACE technical POC on AWS Form M-11 (see Attachment 3) as applicable, or similar form at the completion of each day of inspection. Final, signed reports shall be provided to the technical POC within seven (7) calendar days of the completion of the inspection trip.
1.3.5 USACE will discuss and subsequently oversee NDT testing procedures during the inspection to ensure proper safety and that USACE needs are being met. Procedures and use of equipment by the Contractor will be checked by the team leader during the inspection to ensure proper testing procedures. Any issues or problems with field work will be discussed and corrected during work. Submitted reports will be reviewed critically and the contractor will be notified of any issues. Issues must be resolved prior to acceptance of work.
1.4 Options 1 - 2. Options will be considered for up to two (2) additional days of inspection.
Options for the additional days will be considered separately making a total of two (2) options. In determining the daily rate for the option days, assume that there will be no additional travel or mobilization costs. If the option days are necessary, they will be awarded such that all work days will be in succession.
1.5 Limiting Criteria: All equipment must meet or exceed OSHA and ANSI requirements, and be in accordance with applicable SPRAT and/or IRATA standards and the Corps of Engineers Manual EM 385-1-1, entitled Safety and Health Requirements Manual, dated September 2008. Contractor personnel shall follow comprehensive safety guidelines for rope access in accordance with IRATA and/or SPRAT requirements as applicable for quality assurance, safety, training, documentation and working practices.
1.6 USACE Points of Contact: Philadelphia District: Beatrice Arreola, 215-656-6644
1.7 Security: The contractor and all associated subcontractors' employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government Representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the USACE Pittsburgh District Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. The contractor must submit the full name, Social Security Number, Date of Birth, and Place of Birth for all associated contractor or subcontractor employees to the USACE Security Specialist Paul M.
Surace, 412-395-7162, paul.m.surace@usace.army.mil or Stephen Davidson, 412-395-7504, stephen.davidson@usace.army.mil. The District retains the right to deny any contractor and subcontractor employee from working on one of its contracts based on final background investigation results.
All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.
The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.
QASP
Rope Access Rigging and Safety Oversight & Non-Destructive Testing for
Structural Inspections of Pittsburgh District Dams
Quality Assurance will be conducted on the Contractor’s performance, progress, and products. The contractor will be evaluated daily as to the quality of the work and service for the inspection. Any issues that arise will be documented. Specific tasks will be evaluated as follows:
1. Scope Section 1.3.1. Development of Job Hazard Analysis (JHA) for rope access. The Contractor shall coordinate with the USACE technical POC to develop and provide the JHA, including rescue plan, and host a pre-work safety briefing before inspection work commences. The JHA shall be developed to the extent possible with information available prior to the inspection and submitted to the USACE as a draft no less than two (2) days prior to the inspection. This plan will be discussed via telephone with the contractor prior to its development. All materials developed and submitted by the contractor will be reviewed for content, correctness, and compliance with EM 385-1 prior to the inspection. The JHA shall be completed on site by the Contractor with USACE and facility POC input, reviewed and signed by all applicable parties at the pre-work safety briefing prior to the inspection. Prior to conducting any rope access work before each shift, the Contractor shall hold documented safety meetings, rescue pre-planning, and complete and provide Job Hazard Analysis forms. The Contractor’s Rope Access Safety Oversight Technician shall participate in a teleconference (approximately one (1) hour duration) with members of the inspection team and USACE project personnel at least two (2) days prior to the commencement of the work to discuss the rigging plan, equipment needs, and other logistics.
2. Scope Section 1.3.2. The names, qualifications, and previous experience records of the proposed technicians that will be assigned to this project, to include SPRAT or IRATA certifications, ASNT certifications, and work experience shall be submitted to USACE with the Contractor’s cost proposal.
3. Scope Section 1.3.5. USACE will discuss and subsequently oversee NDT testing procedures during the inspection to ensure proper safety and that USACE needs are being met. Procedures and use of equipment by the Contractor will be checked by the team leader during the inspection to ensure proper testing procedures. Any issues or problems with field work will be discussed and corrected during work.
Submitted reports will be reviewed critically and the contractor will be notified of any issues. Issues must be resolved prior to acceptance of work.
SURVEILLANCE PLAN
Surveillance Plan
General. This surveillance plan is developed in accordance with FAR 46.103 to establish the procedures for monitoring, reporting and evaluating the performance of the Contractor under Contract Number _____________________. Contractor requirements, level of performance, frequency and method of inspection, review responsibilities and reporting requirements follow.
1. Contract Requirements. The Contractor is tasked to develop effective rigging and safety plan, perform safety oversight, and provide potential rescue services for U.S. Army Corps of Engineers (USACE) structural engineers inspecting Pittsburgh District Charleroi and Morgantown Dams. Contract Data Requirements List (CDRL) requirements include monthly reports to give progress of contracted effort.
2. Surveillance Folder. The COR(s) assigned to perform surveillance of the Contractor contract has prepared a Surveillance Folder for their assigned contract requirements. The folder has the following divisions:
a. COR appointment letter, contracting officer letter of designation, and Training Record.
b. PWS, CDRL, and other pertinent parts of the contract.
c. Surveillance Plan.
d. Surveillance Reports.
e. Other applicable documentation, such as:
(1) Customer and user comments
(2) Data and technical reports
3. Level of Performance Evaluation. The contractor will be evaluated in the following areas:
Technical Performance, Schedule and Timeliness of Deliveries, Contractor Resource Control (cost), and Management. In addition, each office or Directorate supported by Contractor personnel will provide an independent performance evaluation. Any discrepancies will be brought to the attention of the contracting officer.
a. Technical Performance: The contractor will be evaluated daily as to the quality of the output of their work and results will be documented in COR’s file. The contractor's personnel should be technically competent in the tasks identified in the PWS or other ordering document under the contract. Included in the technical performance is the contractor’s contribution in meetings and reviews, the quality of the contractor's technical reports, contractor's productivity and the overall quality of the technical support provided.
b. Schedule and Timeliness of Deliveries: The contractor should be responsive to Government tasking and submit their monthly reports, technical reports and trip reports as required by the contract.
c. Contractor Resource Control (cost): The contractor shall use the funding authorized to provide support throughout the period of performance. The contractor should not exceed the material, travel or other cost-reimbursable Contract Line Item Numbers (CLINs) without prior contracting officer approval. The contractor will be evaluated in the successful control of resources devoted to the task or order. The COR shall compare monthly the contractor's rate of labor and funds usage with those allocated for the effort. Any discrepancies will be brought to the attention of the contracting officer.
d. Management: The contractor's management should put adequate systems in place to most efficiently perform the contract and protect the government's interests. For example, the contractor should have approved government property management, quality control, subcontracting, and accounting systems in place.
4. Timely Feedback to Contractor: Timely feedback to the contractor on unacceptable performance will be provided by the COR and documented in writing. Prompt feedback is essential so the contractor can develop and implement a corrective action plan. The contractor's corrective action must be reported to the contracting officer for tracking purposes.
5. Documents/Reporting: A copy of the monthly status report shall be provided to the
Contracting Officer. Issues and concerns that cannot be resolved at the working level or which impact on contractual requirements shall be reported to the Contracting Officer for resolution and contractual action.
6. Contract Manpower Reporting Application: The COR is responsible for validating the contractor’s input into the Contract Manpower Reporting Application (CMRA) website at https://cmra.army.mil. The COR is to obtain a user name and password, and validate that the contractor has completely filled in required contractor information at the CMRA web site by
November 30 of the first year of the contract and annually by November 30 thereafter for the duration of the contract, or sooner if the contract is closed out. The COR shall perform this validation during the month of November each year. The COR shall report the CMRA results in the November Monthly COR Report (due in December of each year) to the Contracting Officer each year.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 18-SEP-2018 TO
19-SEP-2018
N/A E&C DIV-ENG BR-STRUCT SEC
BEATRICE ARREOLA
USACE, PHILA., DISTRICT
100 PENN SQUARE EAST
PHILA PA 19107
215-656-6600
W25PHS
0002 POP 20-SEP-2018 TO
20-SEP-2018
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 05-NOV-2018 TO
06-NOV-2018
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 07-NOV-2018 TO
07-NOV-2018
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-7 System for Award Management OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-22 Alternative Line Item Proposal JAN 2017 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer
Products
OCT 2015
52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer Products - Alternate I
JUN 2014
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-39 Unenforceability of Unauthorized Obligations JUN 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 52.242-15 Stop-Work Order AUG 1989 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.209-7993 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law -- Fiscal Year 2014 Appropriations (Deviation)
FEB 2014
252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations
MAR 2018
252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991
252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
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.
(End of clause)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on
SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each
WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the
List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:
Line Item No.:
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation…
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