W912BV-19-Q-0056.pdf
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- Gate Attendants v 4 Federal contract opportunity
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- W912BV-19-Q-0056
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SEE ADDENDUM
(No Collect Calls)
W912BV19Q0056 07-May-2019
b. TELEPHONE NUMBER
918.669.4978
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 24 May 2019
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912BV9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ANGELIA V GUYNN
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
CONTRACTING DIV
US ARMY CORPS OF ENGINEERS, TULSA DISTRICT
2488 E. 81ST STREET
TULSA OK 74137-4290
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
918-669-7436FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$7,500,000
NAICS:
721211
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.
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 OF85
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.
W912BV19Q0056
Section A - Solicitation/Contract Form
INSTRUCTION TO OFFERORS
Information and Instructions to Offerors, W912BV-19-Q-0056 2019 Gate Attendant Openings – The U.S. Army Corps of Engineers – Tulsa District has the following locations open for Gate Attendant positions .
Lake (State) Public Use Area (PUA) Heyburn
(Oklahoma) Heyburn Park, Roving Shift
Marion (Kansas) Cottonwood Point, Shift B Texoma
(Texas/Oklahoma) Buncombe Creek – 5 Day
Sarge Creek Cove
If you have never had a Government Contract and need to know where to start, read below.
Note: When accessing any websites referenced in this solicitation, it is recommended that you type the internet address in the address bar or your web browser instead of using a search engine as you may be directed to the wrong website.
1. Obtain a DUNS number at http://www.dnb.com/ or by calling 1-866-705-5711. At the
DNB website, click on the tab “D-U-N-S NUMBER” on the top right of the page. It is located under the search block. Scroll to the bottom of the webpage to select “Request a D- U-N-S Number for doing business with the Government”. Click on “Get a D-U-N-S number” on the bottom left of the page. Complete the registration. A DUNS number is a mandatory data element for registering in the database SAM. It does not cost anything to obtain a DUNS number. Services to notify you of Government opportunities or help with Government contracting may be offered to you throughout the registration process and are at your option and expense. Any services requiring a fee that are offered to you through this website are not required by the Government to receive a contract. Once completed, the DUNS number may be available instantaneously or it will be emailed or mailed to you within a few days. If it is longer than a few days, follow up on your registration status with DNB through the website or by telephone.
2. Register in SAM. You cannot register in SAM until you are assigned a DUNS number.
Once you receive your DUNS number, access SAM at http://www.sam.gov to register. It does not cost anything to register in SAM. Click on “Create an Account” on the top right, under the user name and password login. Complete the information fields to register. The payment information you input in this website will be how and where you receive your payment for services. Include the NAICS code 721211 in your registration. All persons contracting with the Corps of Engineers must be registered and remain in an “active status” in the SAM database throughout the contract period. You CAN NOT use a Government employee’s information in your registration such as phone number, email address, name or physical address. It is your responsibility to provide this information or obtain this information for registration.
3. Submit your quote. While your information is processing, follow the directions below under “I’m ready to submit a quote” to fill out the proper paperwork and submit. An award cannot be made to an offeror unless their registration is complete.
I’m ready to submit a quote.
Review the Following-
Read the entire solicitation. Ensure you read the General Scope of Work and the Site Specific Scope of Work under Section C of this solicitation. These sections cover all the requirements for work that is to be performed. The General Scope of Work applies to all areas that are advertised. The Site Specific Scope of Work details the work to be completed at specific areas, such as the dates of performance, shift times, and special requirements (bonding and background checks). Review the Successful Quote Checklist.
There are PTAC centers (Procurement Technical Assistance Centers) that can help submit your quote or provide assistance in getting registered in DNB and/or SAM. You can locate a PTAC center at http://www.aptac-us.org/new/Govt_Contracting/find.php. PTAC offers their services at little or no charge.
You may need to access your local library or office supply store to print, scan, email, fax, or mail your quote. There may be a fee for these services.
Return the Following-
1- A completed 1st page of the solicitation. If any amendments are issued, a signed copy of the first page of each and every amendment must also be returned. Please check http://www.fbo.gov for any issued amendments or sign up through http://www.fbo.gov to receive notifications of any issued amendments.
2- Completed Offeror’s Information Sheet – (Found on the next few pages.)
3- The Pricing Schedule for each area you are submitting a quote for. The Pricing schedule is the next page after the Site Specific Scope of Work of each area in Section C.
4- FAR Clause 52.212-3, paragraphs (c) through (o). If you have NOT filled out Representations & Certifications through http://www.sam.gov, fill out 52.212-3
OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS
paragraphs (c) through (o) in this solicitation. If any of the information to these questions has changed, update your SAM or submit the changes by filling out paragraphs (c) through (o). Please be aware that if you choose to answer these questions by submitting them with your quote, this will not update your SAM registration. You can find this information in the solicitation under Section K, Clause 52.212-3. The first question starts out:
“(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.”
The questions cover about 10 pages in length. If nothing applies, write “N/A”.
Only return the pages listed above.
Email is the preferred method of submission but you may mail, fax, or hand deliver your quote, using the information below.
When mailing your quote, ensure you write the address exactly as written below:
Tulsa District Corps of Engineers ATTN: CECT-SWT-E, Angelia Guynn
(W912BV-19-Q-0042)
2488 E. 81st Street
Tulsa, OK 74137-4290
Illegible handwritten quotes will not be considered. Typed quotes are highly encouraged and the preferred method. Do not use spring clamps, staples, or exceed the recommended capacity of fasteners or binders. Do not use plastic multi-hole/spiral binding systems, heat binding systems, or other systems which do not facilitate the ready insertion of additional pages or removal of pages. DO NOT use tabbed dividers, flagged tabs, or any divider that extends beyond the paper size to separate sections. The pages must be able to be removed from their binding without ripping or tearing.
Ensure you allow enough time to submit your quote before the due date and time.
OR
Emailed quotes must be in a file format that can be read by Adobe or Microsoft Office, as those are the only acceptable methods of submitting an electronic quote. Send quotes to E-mail addresses Angelia.v.guynn@usace.army.mil. Ensure your quote is received before the due date and time. In order for your quote to be considered responsive, all required materials must be received before the due date and time. If all required materials are not received, your quote may not be considered.
When emailing your quote, ensure you put the solicitation number in the subject line. Ensure your attachment is legible. Send your quote as one attachment. DO NOT attach multiple files or attach each separate page as a file. If another format is used and we cannot open the file, you will be contacted to resubmit your quote.
Email: angelia.v.guynn@usace.army.mil
When faxing your quote, use a cover page to address it to the attention of Angelia Guynn, and provide the solicitation number, your name, a telephone number you can be reached at, and the number of pages you are sending. This ensures we have received all pages of your quote.
FAX: 918-669-7436
OR
When hand delivering your quote, it is best to call ahead so the Contract Specialist is aware of your arrival and arrangements can be made for someone to meet you at the building. Upon arriving, you will have to go to the 16th floor and process through security. Please inform Security you are delivering a quote to Contracting. You can only leave your quote with the designated Contract Specialist (Angelia Guynn) or a Contracting Officer. The time received is when either the Contract Specialist is handed your quote.
ADDRESS: 2488 E. 81st Street Tulsa, OK 74137-4290
Contact: Angelia Guynn at 918-669-4978
The Government will award multiple Firm-Fixed Price contracts resulting from the solicitation. The anticipated award dates will start approximately 1 May 2020 and could run to 30 April 2020. All offers submitted under this solicitation should provide pricing which remains effective until 30 April 2020.
All Gate Attendant contract terms consist of a Base-Year plus two (2) Option Years (2019 through 2022). Options may be exercised at the discretion of the Government. The total duration of this contract, including the exercising of any options under this provision, shall not exceed three (3) years.
OPTION YEARS:
Option to Extend the term of the contract (unilateral). The Government may extend the term of this contract by written notice to the contractor at least 60-days before the expiration date of the current performance period. This written notice will be issued in the form of a letter, requiring execution/agreement by both the Government and the Contractor.
The Government may informally contact the Contractor prior to issuance of this written notice to ensure availability of the Contractor for the extension period.
If the Option is exercised, the extended contract shall be considered to include Option
Clause 52.217-9; however, the Government retains the right not to extend the contract by exercising the option year(s).
PAYMENT INFORMATION:
1. Payment information is input into your http://www.sam.gov registration.
2. All payments are issued through our Finance Center located in Millington, TN.
3. Payment issues need to be addressed to the Finance Center.
4. Payments will be made on a monthly basis (30-Days).
5. Your registration in SAM must be active to receive payment.
This requirement is set aside as 100% Total Small Business. See Clause 52.219-6, Notice of Total Small Business Set-Aside in this Request for Quotation for details.
This clause includes all general conditions required by the Tulsa District Corps of Engineers for Gate Attendant positions.
SHIFTS OF TEN (10) HOURS OR GREATER REQUIRE TWO PERSONS
You will be asked to list the name(s) of the individual(s) to work as Gate Attendants. The people listed cannot change during the duration of the contract and the work performed cannot be subcontracted. If any situation arises where any of the individuals cannot perform the contract duties, the COR or Contracting Officer must be notified immediately.
Background check info
If you are selected for award, a background check will be required. Do not obtain the background check now; you will be instructed to do so if you are selected. All persons handling Government monies or accessing the Government computer system, under this contract, shall have a Criminal Background Investigation (background check). Information for this background check (name, address, SS# and DL#) shall be submitted to the Corps of Engineers local project office Point of Contact (POC) no less than 5 working days prior to the start of training and/or work. Contractor shall be approved by the Government before they will be allowed to begin the required pre-performance training or perform work.
The Government reserves the right to deny access to any individual(s) who has/have any derogatory information in their background check. All background checks shall be conducted by the Corps of Engineers local lake office and will be conducted nationwide.
Individuals will be allowed to begin work if they do not have any disqualifying factors.
Background check disqualifying factors include: any felony conviction; a misdemeanor conviction within the previous five years for a crime of violence, drug use/possession, or theft. If an individual does not have a disqualifying factor, but has a misdemeanor conviction, those individuals will be evaluated or considered on a case-by-case basis.
The contractor shall, when requested, provide background information on all persons that may perform work under this contract.
Successful Packet Checklist
___ You have a DUNS number or are in the process of receiving one.
___ You have registered in SAM (http://www.sam.gov). You can register in SAM once you have obtained your DUNS number.
____ You are currently active in SAM (http://www.sam.gov). SAM requires you to log in at least annually to update your information, in order to remain in an active status. Ensure you are able to log in and make sure your account is active.
____ Your NAICS code listed in your SAM account is 721211. If you have not listed this code in your SAM account, you must log in and add this number.
____ You have checked to see if any amendments have been issued on http://www.fbo.gov. If any amendments are issued, acknowledge the amendment(s) by signing and returning the first page and any other documents that are mentioned in the amendment. If an amendment is issued after you have submitted your quote, submit the signed amendment. You do not need to resubmit your whole quote package.
____ NO cross outs or strike through marks. Submit a legible quote with no correction marks.
____ You are ensuring your quote will be submitted before the due date and time. The due date and time is in block 8 on the first page of the solicitation. If any amendments are issued, the date MAY be extended; if so, the new date will be listed in the amendment. Quotes that are late and/or incomplete may not be considered for award.
____ Do not return every page of the solicitation. Only the documents listed.
____Fill out the First Page of the Solicitation and return
___Block 12 Discount for Prompt Payment. A prompt payment discount is the amount your invoice will be discounted if the Government pays your bill early. For example: If your invoice is for $100 and you offer a discount of 1% within 20 days, and the Government pays you within 20 days, your payment would be $99. If this block is empty we will default Net 30 (total net amount paid within 30 days).
___Block 17a, include the following:
___ Name of Individual(s) as it appears in SAM ___ Address ___ Email
___ DUNS/Cage Code Numbers- If you are currently in the process of obtaining a DUNS number, you can leave this blank.
___ Telephone number that you can be reached during the business hours of 8:00 a.m. to 4:30 p.m. CST
___Block 30a - Signature
___Block 30b – Print Name
___Block 30c – Date
Fill out the Pricing Schedule and Return
___Return the Pricing Schedule for each area you are submitting for. The Pricing Schedule for each area is located after each Site Specific Scope of Work in Section C.
___ Input a unit price and total price. The unit price is the amount you are quoting on a daily basis. The unit price (amount per day) multiplied by the number of days equals the total amount.
For example, if you are quoting a price of $100 per day and there are 90 days of work in the base year, the total price will be $9,000. ($100 x 90 = $9,000)
____Ensure all prices on line items are filled in. All line items must be priced to be considered for award. You will need to pay special attention to the start and end dates and the total number of work days posted in the Base year and each Option year because they may change.
____Unit prices must be rounded to the nearest cent (hundredths).
$20.56 IS an acceptable price.
$20.564 IS NOT an acceptable price.
Do not round total amount numbers.
___ Fill out your name as it appears in SAM and sign the bottom of each Pricing Schedule that you fill out.
Offeror’s Information Sheet __Complete and return the Offeror’s Information Sheet provided on the next page.
You may apply to any of the areas listed in this solicitation. The Government will choose the location for Gate Attendants based on the best value to the Government.
Representations and Certifications
____ You have filled out the Representations and Certifications online OR have filled out Clause 52.212-3 paragraphs (c) through (o) in the solicitation.
How Quotes Will Be Evaluated
(i) Price evaluation: The Government shall review acceptable offers by lowest price. Price reasonableness and affordability will also be evaluated.
(ii) Past Performance: The Government will review all CPARS evaluations regardless of project and may contact points of contact or evaluate any information provided to the Contract Specialist or Contracting Officer to include USACE District Past Performance files.
Offerors must demonstrate the following minimum acceptability standards:
a. All past or current performance must have overall ratings of Satisfactory, Acceptable or above.
b. Any derogatory information may be grounds for an Unacceptable rating.
c. Offerors with no past performance information will receive an “Acceptable” rating for this factor.
(iii) Award will be made to the lowest-priced, responsible offeror, whose quote conforms to the requirement of the solicitation.
The Government will award multiple Firm-Fixed Price contracts resulting from the solicitation.
The anticipated award dates will start approximately 1 June 2019 and could run through 30 April 2020. All offers submitted under this solicitation should provide pricing which remains effective until 30 April 2020.
This procurement is being conducted in accordance with Simplified Acquisition Procedures (SAP) of FAR Parts 12 and 13. Any reference to offers or bids or offerors or bidders should be substituted with quotations or quoters. All reference to discussions shall not be interpreted under FAR Part 15, but rather indicate that the Government may communicate with offerors/quoters as allowed under simplified acquisition procedures.
INQUIRIES – OFFEROR’S QUESTIONS AND COMMENTS
USE OF BIDDER’S INQUIRY
Prospective offerors shall submit questions and inquiries related to this solicitation in accordance with the following (no other means of questions or inquiries will be answered except through Bidder Inquiry):
a. For information related to amendments, and the dates set for receipt of proposals, please check http://www.fedbizopps.gov
b. Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.
1. To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.
2. From this page you may view all bidder inquiries or add an inquiry.
3. Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.
4. The Solicitation Number is: W912BV-19-Q-0056 The Bidder Inquiry Key is: N6FFU4-NERU64
c. The Bidder Inquiry System will be unavailable for new inquiries at 2:00 p.m. CST on Friday, 22 May 2019, in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.
d. Offerors are requested to review the specification in its entirety, and review the Bidder
Inquiry System for answers to questions prior to submission of a new inquiry.
e. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago).
The telephone number for the Call Center is 800-428-HELP.
f. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.
g. The point of contact for this solicitation is:
Contract Specialist: Angelia V. Guynn Telephone: 918-669-4978 E-MAIL: Angelia.v.guynn@usace.army.mil
PREPROPOSAL/SITE VISIT CONFERENCE
A Preproposal Conference/Site visit is not scheduled at this time.
ANTITERRORISM AND OPERATIONS SECURITY REQUIREMENTS
The Government will provide the successful offeror with the required Army iWatch Antiterrorism Briefing documentation within two (2) business days of Contract Award.
Offeror’s Information Sheet
(W912BV-19-Q-0042)
(Return this page with your quote)
Name(s) as appears in SAM: _______________________________________________
Address: _______________________________________________
Phone or Contact No.: ________________________________________________
Email: ________________________________________________
Cage Code (SAM): ________________________________________________ (If you are registering and have not been assigned a cage code number yet, write “Pending”)
List the individual(s) that will work as Gate Attendant(s).
1- _______________________
2-_________________________
Section C - Descriptions and Specifications
CLAUSES INCORPORATED BY FULL TEXT
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
(a) Definitions. As used in this clause--
Postconsumer fiber means—
(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or
(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not
(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.
(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Department of Defense (48 CFR Chapter 2clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section E - Inspection and Acceptance
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 appropriate authority.
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 (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 721211- assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
52.222-3 CONVICT LABOR (JUN 2003)
(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.
(b) The Contractor is not prohibited from employing persons--
(1) On parole or probation to work at paid employment during the term of their sentence;
(2) Who have been pardoned or who have served their terms; or
(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if--
(i) The worker is paid or is in an approved work training program on a voluntary basis;
(ii) Representatives of local union central bodies or similar labor union organizations have been consulted;
(iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;
(iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and
(v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943.
52.242-15 STOP-WORK ORDER (AUG 1989)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;
provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)
The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
Section G - Contract Administration Data
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)
(a) Definitions. As used in this clause--
Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.
(1) Contract financing payments include--
(i) Advance payments;
(ii) Performance-based payments;
(iii) Commercial advance and interim payments;
(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;
(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and
(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.
(2) Contract financing payments do not include--
(i) Invoice payments;
(ii) Payments for partial deliveries; or
(iii) Lease and rental payments.
Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.
Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.
(1) Invoice payments include--
(i) Payments for partial deliveries that have been accepted by the Government;
(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;
(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed- Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and
(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.
(2) Invoice payments do not include contract financing payments.
Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.
Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.
(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.
(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:
(1) Electronic Data Interchange.
(2) Secure File Transfer Protocol.
(3) Direct input through the WAWF website.
(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-
(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);
(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or
(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.
(e) Information regarding WAWF is available at https://wawf.eb.mil/.
(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
Section H - Special Contract Requirements
ANTITERRORISM/OPERATIONS SECURITY REQUIREMENTS, Jun 2015
The Contractor shall comply with the following requirements marked with an “X”.
1. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:
http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."
2. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area.
Proposed language: "All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by thb e changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes."
2a. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05 and Homeland Security Presidential Directive-12 (HSPD-12). Proposed language: “The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.”
x 2b. For contractors who do not require CAC, but require access to a DoD facility or installation.
Proposed language: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language text required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13 (Antiterrorism). Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact. Proposed language: "All US based contractor employees and associated sub-contractor employees traveling overseas will receive the government provided AOR specific
AT awareness training. The documentation of training completion must be provided to the COR prior to departure.”
x 4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training."
5. Contractor Employees Who Require Access to Government Information Systems. This standard language text is for contractor employees with access to government info system. Proposed language: "All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems."
6. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. This standard language text is for contractor employees with an area of performance for classified contracts or if the contract employee has access or responsibility to protect critical information. The Contractor, in collaboration with RA OPSEC Officer, shall develop an OPSEC Standard Operating Procedure (SOP)/Plan within 90 calendar days of contract award per AR 530-1 (Operations Security). Proposed language: "The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator."
x 7. For Contracts that Require OPSEC Training. Per AR 530-1, (Operations Security) contractor employees must complete Level I OPSEC Training within 30 calendar days of contract award. Proposed language: "All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:
https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum."
8. For Information assurance (IA)/information technology (IT) training. This standard language text is for contract employees who need network access and/or working IA/IT functions. Proposed language: "All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment."
9. For information assurance (IA)/information technology (IT) certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award. Proposed language: "All contractor employees supporting IA/IT functions shall be appropriately certified upon contract IAW DoD 8570.01-M, DFARS 252.239-7001 and AR 25-2. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award."
10. For Contractors Authorized to Accompany the Force. DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed
Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. Proposed language:
"All contractor employees shall ensure the following AT/OPSEC requirements are met prior to deploying personnel authorized to accompany U.S. Armed Forces outside the United States; to include compliance with laws, regulations, pre-deployment requirements, and required training in accordance with combatant command guidance."
11. For Contracts Requiring Performance or Delivery in a Foreign Country. DFARS Clause 252.225- 7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country.
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