IFB_W912C3-18-B-0001,_OWS_&_GTI,_11_May_2018.docx

W912C3-18-B-0001

Section SF 1449 - CONTINUATION SHEET

INSTRUCTION TO BIDDERS

This solicitation uses the procedures of the Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and FAR Part 14, Sealed Bidding.

1. All questions shall be in writing. Questions may be emailed to Baryan Sierra at baryan.a.sierra.civ@mail.mil and Christine Davis at christine.davis1.civ@mail.mil. The due date to submit questions is May 28, 2018 at 9:00 AM.

2. The Invitation for Bid (IFB) is due no later than the date specified in block 8, page 01 of the solicitation.

Bid may be sent via email. It is the bidder’s responsibility that the bid submitted, regardless of method of transmission, is received in this office prior to the time and date for bid opening. Hard copy bid packages shall include a CD/DVD with information identical to the hard copy bid. USB flash drives (also known as pen drives) will not be accepted. Hard copy bids shall be deposited in the MICC Fort Buchanan drop box (see address below). Envelopes shall include in legible letter the IFB number and contractor's name. Mailed bids should be sent to the address below:

Mission and Installation Contracting Command 419th Contracting Support Brigade MICC-Fort Buchanan Attn: Baryan Sierra 34 South Gate Road Suite 1104 Fort Buchanan PR 00934-4206

3. The applicable NAICS code is 562998, All Other Miscellaneous Waste Management Services. The applicable small business size standard is $7,500,000.

4. This requirement is set-aside for Small Business.

5. Site Visit. The site visit has been schedule for May 22, 2018 at 9:00 AM. Bidders interested in participating in this site visit shall sent an email to Baryan Sierra at baryan.a.sierra.civ@mail.mil and Christine Davis at christine.davis1.civ@mail.mil on or before May 20, 2018 at 9:00 AM. The email shall include the name of the participant(s) and vehicle information. The meeting/departing point will be at the Fort Buchanan Visitor Control Center (VCC) parking lot at 8:30 AM. Personnel attending shall have a valid driving license and vehicle registration. Vehicles entering to Fort Buchanan may be subject to random inspections. Interested contractors shall be on time.

6. The period of performance is from notification of effective date (SF 1449 block 3). The performance includes one base period plus four one-year option periods (to be exercised at the Government’s discretion).

7. You must be registered in the System for Award Management (SAM) in order to be awarded a department of defense contract. Ensure your certifications are completed in this certification and in your SAM registration. All Representations and Certifications must include: Duns and Bradstreet (DUNS) number, Cage Code and Tax Identification Number (TIN).

8. Amendments: any and all amendments shall be acknowledged and submitted with the bid.

9. Contract Manpower Reporting: As part of its bid, the bidder will provide the estimated total cost (if any) incurred to comply with the enterprise Contractor Manpower Reporting Application (eCMRA) requirement. Bidder will determine, in the Schedule of Pricing, CLIN 0001D (for the base year and 1001AD, 2001AD, 3001AD, and 4001AD for subsequent option periods), to price or not-separately-price the CMRA requirement. CMRA shall be the CLINs under which the Contractor shall bill for all costs associated with the eCMRA requirement.

10. NOTICE TO DOD EMPLOYEES AND CONTRACTORS ON PROTECTING CLASSIFIED

INFORMATION AND THE INTEGRITY OF UNCLASSIFIED GOVERNMENT INFORMATION

TECHNOLOGY (IT) SYSTEMS

The recent disclosure of U.S. Government documents by WikiLeaks has caused damage to our national security. Each DoD employee and contractor is obligated to protect classified information and the integrity of government IT systems in accordance with applicable laws and DoD policies.

Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites) do not alter the documents’ classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by DoD employees and contractors, until it is declassified by an appropriate original classification authority.

DoD employees and contractors are reminded of the following obligations with respect to protecting classified information and the integrity of unclassified government IT systems.

DoD employees or contractors shall not access classified information unless they have: Received a favorable determination of eligibility for access by an appropriate authority, signed an approved nondisclosure agreement, Demonstrated a need to know the information, and received training on proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure.

DoD employees or contractors shall not remove classified information from official premises or disclose it without proper authorization.

Except as authorized by DoD policy and procedures, DoD employees or contractors shall not, while accessing the web on unclassified government systems (including BlackBerries or other smartphones), access or download documents that are marked classified (including classified documents publicly available on WikiLeaks.org and other websites), as doing so risks putting classified information on unclassified IT systems.

This requirement applies to accessing or downloading that occurs using government computers or employees’ or contractors’ personally owned computers that access unclassified government systems, either through remote Outlook access or other remote access capabilities that enable connection to these government systems.

This requirement does not restrict employee or contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to the underlying classified documents available on public websites or otherwise in the public domain.

DoD employees or contractors shall refer all public queries on this matter to their servicing Public Affairs office; they shall neither confirm nor deny the presence of classified information in articles or websites in the public domain.

DoD employees or contractors shall refer Congressional queries pertaining to the presence of classified information in articles or websites in the public domain to their servicing Congressional Affairs office.

DoD employees and contractors who believe they have inadvertently accessed or downloaded classified information from a public website via an unclassified government IT system, or without prior authorization, shall contact their information assurance manager (IAM) or information assurance office (IAO) for assistance.

Note: In the case of classified documents inadvertently accessed or downloaded from the WikiLeaks website or other websites posting WikiLeaks-related classified documents, the IAM will document each occurrence and delete the affected file (s) by holding down the SHIFT key while pressing the DELETE key for Windows-based systems. No incident report or further sanitization of government IT systems is required. This guidance pertains only to the accessing or downloading of the classified documents described above because of the extent of the compromise and the prohibitive cost of standard sanitization procedures. All other classified spillages must be handled in accordance with existing regulations.

11. The “Equal Employment Opportunity is the Law” notice (poster) referenced in FAR Clause 52.222-26(b)(3), Equal Opportunity, is located at http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm

12. Relationship between government, contractor and contractor personnel

(a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services, and the parties recognize and agree that no employer-employee or master servant relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor's personnel. The Contractor personnel shall be responsible, not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the Government.

(b) The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of a Federal Officer, military or civilian, in connection with performance under this contract.

(c) Rules, regulations, directives, and requirements which are issued during the contract term by Department of Army and local Provost Marshal Activities under their responsibility for law and order, administration and security on the installation shall be applicable to all contractor personnel or representatives who enter the installation. This requirement shall not be construed or interpreted to establish any degree of Government control which is consistent with the intent of a personal services contract. Contractor personnel or representatives shall be subject to such checks as may be deemed necessary to assure that their presence on the installation does not violate these requirements. No employee will be permitted on the installation when such a check reveals that his presence would be detrimental to the security of the installation or the accomplishment of work. When directed by the Contracting Officer, the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of misconduct or breaches of security in connection with his or her employment. Removal of an employee does not relieve the Contractor of his responsibility to perform the requirements specified within this contract. In other instances, the Contractor shall take appropriate personnel action as required in the event of employee misconduct in connection with his or her employment.

(d) The services to be performed under this contract shall not require the Contractor or his employee to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

(e) Contractor and Contractor personnel shall not be considered employees of the Federal Government and shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees.

13. The Government intends to award a Firm-Fixed Price Contract.

14. “As part of price evaluation, the government will evaluate its option to extend services (see FAR clause 52.217-8) by adding another six month period to the bidder’s total price. Thus, the bidder’s total price for the purpose of evaluation will include the base period, first option period, second option period, third option period, fourth option period and a six month period using the price, the bidder incorporated for the Fourth Option period exercised in accordance with FAR 52.217-9.

Base Year

FFP

The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to perform "Cleaning of Oil-Water Separators and Grease Trap Interceptors at Fort Buchanan, PR" as defined in the Performance Work Statement and all terms and conditions. The contractor shall perform to the standards in the contract.

PURCHASE REQUEST NUMBER: BASE PERIOD

NET AMT

0001AA

Oil-Water Separators

This line item includes Basic Services for OWS, Waste Characterization, Pumping, Waste Disposal, and Unscheduled Services/Service Calls, Reports and Documentation, Job Site Clean-Up and all administrative actions indicated in the PWS.

Historical data (gallonage) is included in the PWS. However, if the total gallonage varies more than 15 percent above or below the estimated gallonage, an equitable adjustment in this line item shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated gallonage.

FOB: Destination

PSC CD: S222

NET AMT

0001AB

Grease Trap Interceptors

This line item includes Pumping and Cleaning of Grease Trap Interceptors, Waste Disposal, Unscheduled Services/Service Calls, Reports and Documentation, Job Site Clean-Up and all administrative actions indicated in the PWS.

Historical data (gallonage) is included in the PWS. However, if the total gallonage varies more than 15 percent above or below the estimated gallonage, an equitable adjustment in this line item shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated gallonage.

FOB: Destination

NET AMT

0001AC

Contractor Manpower Reporting

The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2018. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil. As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.”

FOB: Destination

NET AMT

FFP

The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to perform "Cleaning of Oil-Water Separators and Grease Trap Interceptors at Fort Buchanan, PR" as defined in the Performance Work Statement and all terms and conditions. The contractor shall perform to the standards in the contract.

PURCHASE REQUEST NUMBER: FIRST OPTION PERIOD

NET AMT

1001AA

FFP

This line item includes Basic Services for OWS, Waste Characterization, Pumping, Waste Disposal, and Unscheduled Services/Service Calls, Reports and Documentation, Job Site Clean-Up and all administrative actions indicated in the PWS.

Historical data (gallonage) is included in the PWS. However, if the total gallonage varies more than 15 percent above or below the estimated gallonage, an equitable adjustment in this line item shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated gallonage.

FOB: Destination

NET AMT

1001AB

FFP

This line item includes Pumping and Cleaning of Grease Trap Interceptors, Waste Disposal, Unscheduled Services/Service Calls, Reports and Documentation, Job Site Clean-Up and all administrative actions indicated in the PWS.

Historical data (gallonage) is included in the PWS. However, if the total gallonage varies more than 15 percent above or below the estimated gallonage, an equitable adjustment in this line item shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated gallonage.

FOB: Destination

NET AMT

1001AC

FFP

The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil. As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.”

FOB: Destination

NET AMT

FFP

The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to perform "Cleaning of Oil-Water Separators and Grease Trap Interceptors at Fort Buchanan, PR" as defined in the Performance Work Statement and all terms and conditions. The contractor shall perform to the standards in the contract.

PURCHASE REQUEST NUMBER: SECOND OPTION PERIOD

NET AMT

2001AA

FFP

This line item includes Basic Services for OWS, Waste Characterization, Pumping, Waste Disposal, and Unscheduled Services/Service Calls, Reports and Documentation, Job Site Clean-Up and all administrative actions indicated in the PWS.

Historical data (gallonage) is included in the PWS. However, if the total gallonage varies more than 15 percent above or below the estimated gallonage, an equitable adjustment in this line item shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated gallonage.

FOB: Destination

NET AMT

2001AB

FFP

This line item includes Pumping and Cleaning of Grease Trap Interceptors, Waste Disposal, Unscheduled Services/Service Calls, Reports and Documentation, Job Site Clean-Up and all administrative actions indicated in the PWS.

Historical data (gallonage) is included in the PWS. However, if the total gallonage varies more than 15 percent above or below the estimated gallonage, an equitable adjustment in this line item shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated gallonage.

FOB: Destination

NET AMT

2001AC

FFP

The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil. As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.”

FOB: Destination

NET AMT

FFP

The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to perform "Cleaning of Oil-Water Separators and Grease Trap Interceptors at Fort Buchanan, PR" as defined in the Performance Work Statement and all terms and conditions. The contractor shall perform to the standards in the contract.

PURCHASE REQUEST NUMBER: THIRD OPTION PERIOD

NET AMT

3001AA

FFP

This line item includes Basic Services for OWS, Waste Characterization, Pumping, Waste Disposal, and Unscheduled Services/Service Calls, Reports and Documentation, Job Site Clean-Up and all administrative actions indicated in the PWS.

Historical data (gallonage) is included in the PWS. However, if the total gallonage varies more than 15 percent above or below the estimated gallonage, an equitable adjustment in this line item shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated gallonage.

FOB: Destination

NET AMT

3001AB

FFP

This line item includes Pumping and Cleaning of Grease Trap Interceptors, Waste Disposal, Unscheduled Services/Service Calls, Reports and Documentation, Job Site Clean-Up and all administrative actions indicated in the PWS.

Historical data (gallonage) is included in the PWS. However, if the total gallonage varies more than 15 percent above or below the estimated gallonage, an equitable adjustment in this line item shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated gallonage.

FOB: Destination

NET AMT

3001AC

FFP

The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2021. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil. As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.”

FOB: Destination

NET AMT

FFP

The contractor shall provide personnel, equipment, supplies, transportation, tools, materials, supervision, and all other items necessary to perform "Cleaning of Oil-Water Separators and Grease Trap Interceptors at Fort Buchanan, PR" as defined in the Performance Work Statement and all terms and conditions. The contractor shall perform to the standards in the contract.

PURCHASE REQUEST NUMBER: FOURTH OPTION PERIOD

NET AMT

4001AA

FFP

This line item includes Basic Services for OWS, Waste Characterization, Pumping, Waste Disposal, and Unscheduled Services/Service Calls, Reports and Documentation, Job Site Clean-Up and all administrative actions indicated in the PWS.

Historical data (gallonage) is included in the PWS. However, if the total gallonage varies more than 15 percent above or below the estimated gallonage, an equitable adjustment in this line item shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated gallonage.

FOB: Destination

NET AMT

4001AB

FFP

This line item includes Pumping and Cleaning of Grease Trap Interceptors, Waste Disposal, Unscheduled Services/Service Calls, Reports and Documentation, Job Site Clean-Up and all administrative actions indicated in the PWS.

Historical data (gallonage) is included in the PWS. However, if the total gallonage varies more than 15 percent above or below the estimated gallonage, an equitable adjustment in this line item shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated gallonage.

FOB: Destination

NET AMT

4001AC

FFP

The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2022. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil. As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.”

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-JUL-2019

ANIBAL NEGRON

DPW LOGISTICS DIVISION

BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

787-707-3575 FOB: Destination

W81YDN

31-JUL-2019

W81YDN

31-JUL-2019

W81YDN

31-JUL-2020

ANIBAL NEGRON

DPW LOGISTICS DIVISION

BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

787-707-3575

W81YDN

31-JUL-2020

W81YDN

31-JUL-2020

W81YDN

31-JUL-2021

ANIBAL NEGRON

DPW LOGISTICS DIVISION

BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

787-707-3575

W81YDN

31-JUL-2021

W81YDN

31-JUL-2021

W81YDN

31-JUL-2022

ANIBAL NEGRON

DPW LOGISTICS DIVISION

BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

787-707-3575

W81YDN

31-JUL-2022

W81YDN

31-JUL-2022

W81YDN

31-JUL-2023

ANIBAL NEGRON

DPW LOGISTICS DIVISION

BLDG 37 SOUTH GATE RD

FORT BUCHANAN 00934-4206

787-707-3575

W81YDN

31-JUL-2023

W81YDN

31-JUL-2023

W81YDN

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562998.

(2) The small business size standard is $7,500,000.

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

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] x (i) 52.204-17, Ownership or Control of Offeror.

x (ii) 52.204-20, Predecessor of Offeror.

x (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) 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 the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

(End of provision)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).