W912CN-15-T-0391.pdf

SEE ADDENDUM

(No Collect Calls)

W912CN-15-T-0391 08-Sep-2015

b. TELEPHONE NUMBER

808.656.0986

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 09 Oct 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912CN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANNABELLE F. MILLER

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

0010718602

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

EXPEDITIONARY CONTRACTING COMMAND

413TH CONTRACTING SUPPORT BRIGADE

REGIONAL CONTRACTING OFFICE HAWAII

BLDG 692 MCCORNACK ROAD

SCHOFIELD BARRACKS HI 96857-5000

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 WX3JN3 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

US ARMY GARRISON HI DIR OF PUB WKS DPW

JOHN CHRISTIAN

BLDG 2600 FOOTE AVE

BUSINESS OPS DIV

SCHOFIELD BARRACKS HI 96857-5000

TEL: 808-655-1258 FAX:

808-655-7350FAX:

TEL: 808-655-3040 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

325180

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 OF56

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.

W912CN-15-T-0391

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 60,000 Gallon PSC 6810 Chemical - Sodium Hypochlorite

FFP

Provide and deliver sodium hypochlorite IAW the Requirements Description.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010718602

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 300 Bag PSC 6810 Chemical - Sodium Fluoride

FFP

Provide and deliver sodium fluoride granular (50-lb bag) IAW the Requirements Description.

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 60,000 Gallon OPTION PSC 6810 Chemical - Sodium Hypochlorite

FFP

Provide and deliver sodium hypochlorite IAW the Requirements Description.

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 300 Bag OPTION PSC 6810 Chemical - Sodium Fluoride

FFP

Provide and deliver sodium fluoride granular (50-lb bag) IAW the Requirements

UNIT UNIT PRICE ESTIMATED AMOUNT

2001 60,000 Gallon OPTION PSC 6810 Chemical - Sodium Hypochlorite

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

2002 300 Bag OPTION PSC 6810 Chemical - Sodium Fluoride

FFP

Provide and deliver sodium fluoride granular (50-lb bag) IAW the Requirements

UNIT UNIT PRICE ESTIMATED AMOUNT

3001 60,000 Gallon OPTION PSC 6810 Chemical - Sodium Hypochlorite

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

3002 300 Bag OPTION PSC 6810 Chemical - Sodium Fluoride

FFP

Provide and deliver sodium fluoride granular (50-lb bag) IAW the Requirements

UNIT UNIT PRICE ESTIMATED AMOUNT

4001 60,000 Gallon OPTION PSC 6810 Chemical - Sodium Hypochlorite

FFP

UNIT UNIT PRICE ESTIMATED AMOUNT

4002 300 Bag OPTION PSC 6810 Chemical - Sodium Fluoride

FFP

Provide and deliver sodium fluoride granular (50-lb bag) IAW the Requirements

REQUIREMENTS DESCRIPTION

EXHIBIT A

REQUIREMENTS DESCRIPTION

FOR

INDUSTRIAL CHEMICALS FOR VARIOUS ARMY LOCATIONS

ISLAND OF OAHU, HAWAII

This requirement is for the purchase and delivery of industrial chemicals as needed to various Army locations on the Island of Oahu, Hawaii. Quantities will fluctuate with each order of chemicals, depending on what is needed for treatment and to maintain water quality of swimming pools and water plants.

Period of Performance:

Base Period: 1 November 2015 - 31 October 2016

Option 1: 1 November 2016 - 31 October 2017 Option 2: 1 November 2017 - 31 October 2018 Option 3: 1 November 2018 - 31 October 2019 Option 4: 1 November 2019 - 31 October 2020

For Sodium Hypochlorite Solution:

1. Contractor shall pump Sodium Hypochlorite Solution into swimming pool tanks located at Richardson Pool, Aliamanu Recreation Center Pool, Helemano Military Reservation Pool and Tripler Pool and drinking water treatment plants located at Schofield Barracks (SB), Fort Shafter and Tripler.

2. Deliveries shall be made at a predetermined schedule and additionally, as requested. The contractor shall notify by phone (numbers will be provided upon awarded contract) the Water Plant personnel 30 minutes prior to picking up keys at Schofield Water Plant at 1480 Higgins Road or Bldg 2600, SB to obtain access to delivery points.

3. Sodium Hypochlorite Solution: Product name Hypochlor NaoCl, shall be delivered on site at a minimum of 12.5% concentration of available chlorine, Sodium Hydroxide: 0.5%, Sodium Chloride: 0-10%, water 76.5-86-5%.

Product shall be certified to ANSI/NSF 60 and manufactured under American Water Works Association Standard B300, Hypochlorite. Intended use: To provide disinfection residuals required for the swimming pools and drinking water treatment plants and, to control bacteria, algae and mold.

4. Volume to be approximately 990 gallons per week.

5. Contractor shall be responsible for cleaning up any spills resulting from the transfer of Sodium Hypochlorite into storage tanks.

6. Contractor shall be responsible for filling Sodium Hypochlorite Solutions to appropriate level. After filling tanks/delivering chemicals, contractor will ensure all entrances will be secured prior to leaving facilities.

7. Contractor shall be responsible for cleaning all spills.

For Sodium Fluoride Granular

1. Sodium Fluoride Granular shall be certified to ANSI/NSF60. Ingredients: Sodium Fluoride 97% by weight, Insert: 3%. Intended use: For fluoridation of drinking water.

2. Estimated delivery every 1 ½ months is 35 (50-lb) bags.

For All Chemical Deliveries

1. Contractor shall be responsible for obtaining Government signatures as required regarding delivery completion.

Deliveries may be made between 7:00 am and 3:00 pm Monday through Friday, except Federal holidays.

2. Contractor shall be responsible for maintaining and repairing all fill point connections.

3. Contractor shall provide all Safety Data Sheets (SDS) for hazardous material provided under this contract.

4. The contractor shall notify the Government coordinator whose number and name will be given upon award of the contract at least one (1) working day in advance of all deliveries.

5. The contractor shall deliver materials to the designated sites at the specified time as coordinated with the Government coordinator.

6. Orders will be placed via E-mail or telephonically by the Government Purchase Card (GPC) cardholders;

however, the GPC cardholder may also place orders in person or via facsimile. The GPC cardholder will provide the contractor with the following information via DA Form 2702 (see attached).

a. Name of the GPC cardholder placing the order

b. GPC card number and expiration date

c. Contract number

d. Delivery instructions

e. Quantity, unit price of items ordered

7. Delivery locations are as follows:

Description Building # Street Name City State Zip code

Richardson Pool

(adjacent) 1028 Kolekole

Avenue Schofield Barracks Hawaii 96857

Aliamanu Rec Ctr Pool 1780 178 Kauhini Road Aliamanu Hawaii 96818

Helemano Military Res Pool 25 441 Kuapale Road Wahiawa Hawaii 96786

Tripler Pool 301 301 Krukowski

Road Tripler

Honolulu Hawaii 96811 Schofield Barracks

Water Plant 1580 Higgins Road, East Range Wahiawa Hawaii 96786 Ft. Shafter Water

Plant 509 509 Walker Drive Fort Shafter Hawaii 96819

Tripler Water Plant 94 94 Mahiole Street Honolulu Hawaii 96819

8. Payment will be made by Government Purchase Card (GPC). Requiring activity shall provide a funding document quarterly and a delivery order will be issued by the contracting office against the requirements contract.

9. Requiring activity will maintain a log of orders placed with the contractor to ensure accountability of orders. A report of orders issued during the quarter will be provided to the contracting office within five (5) days after the end of each quarter.

10. Security and Safety

10.1 Anti-Terrorism (AT) and Operational Security (OPSEC). See RCO-HI Local Clause 52.242-5001

10.2 Access to Army Installations: Personnel and Vehicles. See RCO-HI Local Clause 52.242-5000.

10.3 IWATCH. IWATCH within the Army is a nation-wide modern version of a neighborhood watch program focused on the threat of terrorist activity. It is an antiterrorism awareness program that the contractor’s workforce, while on Army installations, must all be familiar with to promote and enhance reporting suspicious activity or behavior. The program has two elements: passive and active. The passive element is an individual’s situational awareness of his or her surroundings. The active element of iWATCH involves individuals taking action to report suspicious behavior or activities to law enforcement for more investigation. Contractor personnel, to include subcontractors, performing on or within an Army controlled facility, area or on an Army installation are required to brief and train their personnel on the IWatch program for that area, facility or installation. Training standards will be provided by the COR with 5 calendar days of contract award. Contractor personnel shall be trained within five

(5) days of award or within five (50 days of a hiring action. Contractors shall report training to the Government POC within seven (7) days of contract award or hiring action.

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

FAR 52.212-1(h) is amended to read: Single Award. The Government intends to award a single contract resulting from this solicitation.

ADDITIONAL INSTRUCTIONS AND INFORMATION:

1. Quote Submission Instructions.

a. The solicitation will be posted to the Federal Business Opportunities (FBO) website at https://www.fbo.gov. Once posted, it is the responsibility of the contractor to monitor the website until the closing date for any issued amendments. Quotes shall be submitted electronically on the FBO website or via e-mail to the Contract Specialist identified below. Faxed quotes will not be accepted.

Annabelle F. Miller annabelle.f.miller.civ@mail.mil

b. Quotes must be received by the contracting office on or before the solicitation closing date and time stated under Block 8 of the SF1449 Solicitation/Contract/Order for Commercial Items. Local time is Hawaii Standard Time (HST). It is the responsibility of the contractor to ensure quotes are received and acknowledged by the Contract Specialist on or before the closing date.

c. Minimum Quote Acceptance Period. FAR 52.212-1(c) is amended to 90 calendar days minimum acceptance period. By submittal of a quote, the contractor agrees to hold the prices in its quote firm for 90 calendar days.

d. The Government may reject any or all responses if such actions are in the public interest and/or waive informalities and minor irregularities in the submitted quotes. The Government reserves the right to cancel this Request for Quote (RFQ) and make no award. By responding to this RFQ and submitting a quote in response to the RFQ, the Contractor understands that the Government shall not be liable for any costs incurred by the Contractor in response to this RFQ.

2. Solicitation Questions. Questions regarding this solicitation shall be submitted in writing via e-mail to the Contract Specialist at annabellle.f.miller.civ@mail.mil within 10 days after the date specified in Block 6 of the SF1449. The Government reserves the right not to respond to questions concerning this solicitation received after the date and time specified for receipt of questions. A summary of questions received and Government responses will be provided by amendment and posted to the FBO website.

3. Quote/Content Requirements. Interested parties shall complete and submit the items identified below with their quote.

a. RFQ Standard Form 1449 Solicitation/Contract/Order for Commercial Items with Blocks 12, 17a, 30a, 30b, and 30c completed and signed by an authorized representative/official of the company/firm. Include acknowledgement of amendments, if any.

b. RFQ SF 1449 – Continuation Sheet Supplies and Services/Pricing and Pricing Spreadsheet. Submit pricing for all contract line items (CLINs).

c. Completed FAR Clause 52.212-3 Offeror Representation and Certifications – Commercial Items (if not entered into System for Award Management (SAM)). Also include completed DFARS Clause 252.209-7992.

d. Responsibility Determination Narrative: For purposes of conducting responsibility determination, submit a narrative addressing the following. The responsibility determination will only be conducted on the apparent successful contractor.

(1) Adequacy of financial resources to perform the contract, or the ability to obtain them;

(2) Ability to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(3) Adequacy of the company/firm’s performance record. Provide at least two (2) references (name, telephone no, email address, a brief description of project/contract completed).

(4) Description of how the company/firm maintains integrity and business ethics.

(5) Adequacy of the company/firm’s organization, experience, and technical skills, or the ability to obtain them (including, as appropriate, such elements as quality assurance measures and safety programs applicable to materials to be delivered and services to be performed by the prospective contractor and subcontractors).

(6) Adequacy of the necessary vehicles and equipment, or ability to obtain them.

ADDENDUM TO FAR 52.212-2

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

1. This source selection is conducted in accordance with Federal Acquisition Regulation (FAR) Part 12 Acquisition of Commercial Items and FAR Part 13.5 Simplified Procedures for Certain Commercial Items, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS). The Government anticipates awarding a Firm Fixed Price (FFP) requirements contract resulting from the solicitation and reserves the right to not award a contract at all depending on the quality of quotes received and availability of funds.

2. Award will be made to a single contractor who is deemed responsible in accordance with FAR 9.104, whose quote conforms to the solicitation requirements and represents the lowest evaluated price. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the option(s). The Government intends to evaluate quotes and award a contract without discussions; therefore, quotes should contain the contractors’ best pricing. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

3. Price Evaluation. The Government expects competitive quotes to be submitted for this procurement and will use competition to determine price reasonableness. However, the Government may utilize any or a combination of methods identified in FAR 13.106-3 to determine price reasonableness.

4. Contractors shall submit prices for all CLINs. Failure to submit a price for any CLIN will make the quote ineligible for award. In the event the unit price (s) and extended price(s) are ambiguous, the Government will use the indicated unit price(s) for evaluation and award purposes.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-NOV-2015 TO

31-OCT-2016

N/A US ARMY GARRISON HI DIR OF PUB

WKS DPW

JOHN CHRISTIAN

BLDG 2600 FOOTE AVE

BUSINESS OPS DIV

SCHOFIELD BARRACKS HI 96857-5000

808-655-1258

WX3JN3

0002 POP 01-NOV-2015 TO

31-OCT-2016

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-NOV-2016 TO

31-OCT-2017

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-NOV-2016 TO

31-OCT-2017

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-NOV-2017 TO

31-OCT-2018

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-NOV-2017 TO

31-OCT-2018

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-NOV-2018 TO

31-OCT-2019

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-NOV-2018 TO

31-OCT-2019

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-NOV-2019 TO

31-OCT-2020

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-NOV-2019 TO

31-OCT-2020

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.217-5 Evaluation Of Options JUL 1990 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

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

Officials

NOV 2011

252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

DEC 2014

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7993 Prohibition on Contracting with the Enemy (dev 2014-00008)FEB 2014 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card

DEC 2006

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

SEE ADDENDUM TO FAR 52.212-2

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

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

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

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

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

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

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

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

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

Line Item No.: Country of Origin:

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.