A09_W912DR-15-T-0069_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912DR-15-T-0069 18-May-2015

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

12:00 PM 01 Jun 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.

W912DR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, BALTIMORE

10 S. HOWARD ST.

ROOM 7000

BALTIMORE MD 21201

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 410-962-2197 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

35.500

NAICS:

562111

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF71

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.

Section SF 30 - BLOCK 14 CONTINUATION PAGE

BPA TERMS & CONDITIONS

1. DESCRIPTION OF AGREEMENT

The Contractor shall furnish all labor and equipment required for the removal of different types of waste generated at various USACE work sites. The wastes covered under this Blanket Purchase Agreement (BPA) include municipal, solid, and hazardous wastes generated in the course of performing various USACE environmental investigation and remediation activities.

When requested by the Contracting Officer or his authorized representative during the period specified in the clause below entitled "Effective Period". Services (which may be referred to as calls) made hereunder may be written or oral. Calls shall include a description of the service being ordered; prices; delivery schedule; FOB point; place of inspection and acceptance; designation of appropriations chargeable, together with such other specifics covered in this solicitation. Calls will be placed against this BPA using electronic or oral communications.

All calls placed against this BPA are subject to the terms and conditions noted below.

Services will be identified on individual calls issued in accordance with the scope of this agreement.

Services acquired under the agreement shall be limited to what is stated in the solicitation and the pricing lists provided.

2. EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized Calls actually placed against this Blanket Purchase Agreement.

3. PURCHASE LIMITATION

No individual Call under the agreement shall exceed $300,000.00.

4. INDIVIDUALS AUTHORIZED TO PLACE CALLS AND DOLLAR LIMITATIONS

Only the Contracting Office is authorized to place individual calls.

5. DELIVERY TICKETS

All service under the agreement shall be accompanied by delivery tickets or sales slips which shall contain the following minimum information:

Delivery tickets. A requirement that all shipments under the agreement, except those for newspapers, magazines, or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

6. INVOICES

A summary invoice shall be submitted at least monthly for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets or related items such as weigh tickets..

7. EFFECTIVE PERIOD

This Blanket Purchase Agreement is effective for a five-year period from date of issuance. No calls will be placed that end more than six months after the end of the agreement.

PRICE SCHEDULE

Blanket Purchase Agreement- Environmental Transportation & Disposal Price Schedule

Any Call placed that over laps agreement years will utilize the rates in place at the time of the call.

A pricing table is required for each agreement year.

Pricing shall be for each agreement year of this BPA and shall be accompanied by a dated public price list.

Category Unit of Issue Price per

Unit Discount Total w/discount

Solid non‐hazardous Waste (Bulk) cubic yard

Solid non‐hazardous Waste $ Cost/55 gallon drum

Petroleum Contaminated Soils $ Cost/ cubic yard

Hazardous Waste‐ Liquid $ Cost/55 gallon

Hazardous Waste‐ Solid $Cost/ 55 gallon

Non‐Hazardous Liquid/Water $ Cost/55 gallon

Construction Debris $ Cost/cubic yard

Municipal Waste $ Cost/ton

Mobilization/Demobilization $ Cost/each

Travel over Local Travel

250 miles $ Cost/mile

500 miles $ Cost/mile

1000 miles $ Cost/mile

10 Cubic Yard Dumpster $Cost/month

20 Cubic Yard Dumpster $Cost/month

30 Cubic Yard Dumpster $Cost/month

40 Cubic Yard Dumpster $Cost/month

*Add any additional pricing not identified above.

**Add columns for any discounts based on quantity.

*** The government may require additional information to clarify pricing.

INSTRUCTIONS FOR SUBMISSION

Environmental Transportation and Disposal Services Performance Work Statement

1. Introduction

The U.S. Army Corps of Engineers (USACE) requires the removal of different types of waste generated at its various work sites. The wastes covered under this Blanket Purchase Agreement (BPA) include municipal, solid, and hazardous wastes generated in the course of performing various USACE environmental investigation and remediation activities.

2. Background

USACE will need to utilize services to transport wastes to disposal facilities generated in the course of performing various environmental investigation and remedial cleanup activities. In order to fulfill this requirement, USACE intends to establish a minimum of 3 (three) BPAs and up to 6 (six) maximum awarded contractors with firm-fixed-price line items for the transportation and disposal of municipal, solid, and hazardous wastes generated at various sites in the continental United States. Services shall vary and will be competed amongst the holders.

3. General Requirements

The BPA holders shall remove and dispose of waste as required in each BPA call.

Non-Personal Services. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature or personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor’s responsibility to notify the Procuring Contractor Officer immediately.

3.1 Period of Performance: The period of performance for this BPA shall be for a period of five (5) years. Each BPA Call will specify the period of performance. No BPA call will extend 6 months past the end of the agreement.

3.2 Site Security: All personnel working on this project shall be required to follow all security and access rules and regulations (i.e., physical access and/or network access requirements) as set forth by the US Government in order to gain access to the project site and or USACE offices and/or systems to perform work assignments and/or provide the required MPPEH removal services.

The contractor shall comply with all requirements of any assigned ENG FORM 6055 Contract Requirements Package Antiterrorism/Operations Security Review Cover Sheet.

3.3 Location of Work Performance: The majority of the work is anticipated to be performed in following states: Maine, Vermont, New Hampshire, Rhode Island, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, District of Columbia, Virginia, West Virginia and North Carolina. Since the Baltimore District Environmental and Munitions Design Center (EMDC) support other US Army Corps of Engineers Design Centers, the contractor shall be capable of working in the Continental United States (CONUS).

3.4 Points-of-Contact (POC):

The contractor’s POC:

Security Officer: __________________________________ Contracting: _____________________________________ Program Manager: ________________________________

The government’s POCs:

Contracting Officer: Ida Ryan Contract Specialist: Tamara Udasco Contracting Officer Representative: TO BE FILLED IN AT AWARD

3.5 Delivery: Pickup of all wastes shall be coordinated between the COR and contractor PM. Pickup shall be made from the physical address identified on each call.

4. Performance Requirements The waste contractor shall be able to provide waste pickup and disposal services as needed at USACE work sites on a per call basis. The contractor shall pick up and transport waste generated in the course of environmental investigation and restoration operations to disposal facilities appropriate for the type of waste generated.

It is anticipated that the following types of waste classification categories may be generated:

Non-hazardous Solid waste Solid debris Non-hazardous water Non-hazardous liquids Petroleum-oil contaminated soil Petroleum-oil contaminated water Hazardous waste contaminated soil Hazardous waste contaminated water Municipal waste Construction waste

Emergency calls for any of the above require a response within 24 hours.

The following requirements pertaining to handling and transporting of the various waste materials shall be met:

The transporting and disposal of municipal waste shall be in accordance with state and local regulations.

The Contractor shall be responsible for any licenses, permits, and fees associated with municipal waste disposal.

The Contractor shall provide a dumpster(s) for the accumulation of municipal waste. Dumpster size shall be appropriate to the rate of waste generation as should removal and dumping service.

The Contractor shall be capable of transporting hazardous waste (HW) to hazardous waste disposal facilities, as appropriate. The Contractor shall comply with applicable EPA regulations found in 40 CFR Part 263, or equivalent regulations promulgated in a RCRA authorized state. This includes securing an EPA identification number, complying with the EPA hazardous waste manifest system, and handling any hazardous waste discharge during transportation, should one occur.

Transportation of hazardous materials, including hazardous waste, is also governed by Department of Transportation (DOT) regulations found in 49 CFR Parts 171-179. Generally these regulations cover placarding, packaging, and transportation safety. The Contractor shall be in compliance with all applicable DOT regulations.

The Contractor shall certify to the Government that a safety and security plan is in place for transporting wastes, as required by Federal and/or State requirements.

The Contractor shall provide bulk or non-bulk containers for packaging hazardous materials/wastes consistent with the authorizations referenced in the Hazardous Materials Table in 49 CFR 172, Section .101, Column 8. Bulk and non-bulk packaging shall meet the corresponding specifications in 49 CFR 173 referenced in the Hazardous Materials Table, 49 CFR 172, Section .101. Each packaging shall conform to the general packaging requirements of Subpart B of 49 CFR 173, to the requirements of 49 CFR 178 at the specified packing group performance level, to the requirements of special provisions of column 7 of the Hazardous Materials Table in 49 CFR 172, Section .101, and shall be compatible with the material to be packaged as required by 40 CFR 262

The contractor shall provide other packaging-related materials such as materials used to cushion or fill voids in over packed container as required. Sorbent materials shall not be capable of reacting dangerously with, being decomposed by, or being ignited by the hazardous materials being packaged. Additionally, sorbents used to treat free liquids to be disposed of in landfills shall be non-biodegradable as specified in 40 CFR 264, Section .314. In addition, packaging notifications shall be provided to the Government in accordance with 49 CFR 172, Section .178.2(c) regarding type and dimensions of closures, including gaskets, needed to satisfy applicable regulation performance test requirements to prevent leakage during transport.

The Contractor shall be responsible for the selection of an appropriate disposal facility to handle wastes generated at the project work site.

This project requires certificates of disposal for all hazardous waste, CERCLA remediation wastes, PCBs, as per Engineering Pamphlet 415-1-266.

The Contractor shall be responsible for the selection of an appropriate Solid Waste Acceptance Facility (non-hazardous, non-municipal waste) to dispose of other wastes generated at USACE sites. Such waste facilities may, depending on the State where the USACE activity is being conducted, be classified as Rubble Landfills, Non-hazardous Industrial Waste Landfills, Land Clearing Debris Landfills, Incinerators, or Solid Waste Processing Facilities.

The Contractor shall be responsible for all disposal fees and taxes.

5. Deliverables The contractor shall deliver the services described above at the locations specified in each BPA Call. Upon the completion of services, the contractor shall deliver chain-of-custody and certificate of disposal records to the COR.

6. Special Requirements

6.1 Services:

The Government will provide instructions or other special requirements pertinent to each BPA Call to the contractor through the Contracting Officer.

USACE will characterize all waste offered for transportation and be responsible for the preparation of the hazardous waste manifest when required.

A designated USACE representative will sign the hazardous waste manifest.

7. Attachment/Technical Exhibit List

7.1 Attachment 1/technical Exhibit 1 – Performance Requirements Summary

7.2 Attachment 2/Technical Exhibit 2- Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Failure to meet standards may result in cancellation of the Blanket Purchase Agreement. Any deviations from the performance requirements below are solely at the risk and liability of the contractor.

Performance Objective Standard Performance Threshold Method of Surveillance

Contractor shall be able to provide waste removal services response within 24 hours of request.

Response to Calls provided within 24 hours of request.

No more than one deviation from specification per service request with in a twelve month period.

The COR will monitor non-conformance of timeliness on each Call.

Transportation of wastes in compliance with applicable EPA regulations found in 40 CFR Part 263, or equivalent regulations promulgated in a RCRA authorized state.

All applicable Local, State, and Federal laws and regulations pertaining to the handling, transportation, and final disposition of waste materials.

The contractor shall remain 100% in compliance with applicable State, Federal or Local laws and regulations during the contract period of performance.

Receipt of notice of non-conformance from Local, State, or Federal Authorities.

Proper handling of any hazardous waste discharge during transportation, should one occur.

Compliance with DOT and EPA emergency response requirements.

No deviations are permissible.

COR monitoring.

Disposal certificate shall be provided from disposal facility for all hazardous waste, CERCLA remediation wastes, PCBs, as per Engineering Pamphlet 415-1-266.

Receipt of disposal certificate.

No deviations are permissible. All disposals shall be in accordance with Engineering Pamphlet 415-1-266 Waste shall be accompanied by a certificate.

COR shall monitor receipt of a disposal certificate from each waste load that leaves the facility.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency Copies Medium/Format Submit To

Waste removal and disposal services as ordered by the government

As determined by project needs

N/A N/A COR

Disposal Certificate At the end of each waste service calls.

One per service request

Hard copy unless otherwise directed by Contracting Officer.

COR

Federal and State regulation required documentation.

As specified in applicable regulation.

One per requirement, unless otherwise specified in the regulations or by the Contracting Officer.

Hard copy unless otherwise directed by Contracting Officer.

COR

INSTRUCTIONS TO CONTRACTORS

The purpose of this solicitation is to find qualified small business contractors who meet the criteria set forth in the performance work statement and are interested in establishing a Blanket Purchase Agreement (BPA) for the removal of various types of waste that the U.S. Army Corps of Engineers (USACE) has been tasked to remove.

In order to meet statutory requirements small business contractors shall be able to perform 51% of the work under this agreement.

In accordance with FAR 13.303 and the test program under FAR 13.5 the government is anticipating repetitive need for wastes removal over the next five years. Each master BPA will have a limit of $3,000,000.00 and will be considered complete once that limit has been met or at the end of the five year performance period. Each call on the BPA has a call limitation of $300,000.00.

This BPA is meant to be a rapid response vehicle to quickly set up calls to remove waste. Calls will be rotated amongst Master BPA holders.

The establishment of the BPA does not imply an agreement on the part of the Government to place future contracts or orders with the BPA holder. The Government makes no representation as to the number of calls or actual amount of work to be ordered. The purpose of this BPA is to establish a framework and pricing for possible future calls.

The government is interested in securing maximum discounts currently offered to the general public for waste removal (submit current and dated public pricing with company response). Annual submission of a public pricelist will be required for the government to perform an annual assessment to ensure pricing is still fair and reasonable. In the event the government does not receive updated pricelists annually, no calls will be placed on the master BPA until annual pricing is available.

Individuals authorized to place Calls under the BPA are limited to the Contracting Officer.

Funding will be made available on each call.

SUBMISSIONS:

Responses shall be submitted electronically to tamara.c.udasco@usace.army.mil AND ida.ryan@usace.army.mil NLT 12:00PM (EST) on June 1, 2015.

Past Performance Submissions: See Attachment B. There must be a minimum of 3 (three) past performance references to be considered for award.

Contractors must indicate if services are available CONUS wide or in specific geographical areas.

Questions concerning this solicitation must be submitted in writing by email only NLT 12:00 PM (EST) on May 26, 2015. Email: tamara.c.udasco@usace.army.mil and ida.ryan@usace.army.mil.

The Government will set up a minimum of 3 (three) and up to 6 (six) Master BPAs from this solicitation to the responsible contractor whose response is conforming to the solicitation that will be the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate responses:

A sample BPA call is attached and all contractors should respond to the requirements in the sample call and describe how they plan to meet the requirement. There is a price schedule with a list of all the various types of waste in that is required to be filled out with pricing for each agreement year and title as agreement year 1 through 5. Public price list shall be provided as back-up to pricing along with the amount of discount the government will be receiving. The government is requesting substantial discount.

Responses shall address the Evaluation Factors 1 and 2 identified in paragraph below.

Contractors are eligible to receive a BPA on the basis of the response submitted meeting the acceptability standards for non-price factors and price factors.

Evaluation Factors:

Factor 1 – Technical: Past Performance Factor 2 – Price

Factors 1 - To receive an overall acceptable rating and be eligible for a BPA, the contractor must be responsive to this solicitation, be found responsible, receive a rating of acceptable for Factor 1 and be amongst the lowest priced.

Submission: Contractors shall submit a technical proposal/past performance addressing Factors 1 as follows:

a. Factor 1 – Technical: Past Performance: Contractors shall submit a limit of twenty-five

(25) written pages (PDF or MS Word Format) for the following information to demonstrate successful completion of at least three (3) projects of similar scope and relevancy for any of the different types of waste listed in the pricing schedule that occurred within the past three

(3) years.

1. Prior/current experience performing efforts of similar size and scope within the last three (3) years, including contract number, organization supported indication whether prime or subcontractor, contract value, customer point of contact, and brief description of how the referenced contract relates to the services described.

2. In addition to the above, the Government may review any other sources of information for evaluation of past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

3. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

Any teaming agreements need to be provided with responses detailing the terms of the agreement and each contractors role.

Past Performance Rating Definition ACCEPTABLE Based on the offeror’s recent/relevant performance record, the

Government has a reasonable expectation that the offer will successfully perform the required effort.

UNACCEPTABLE Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

NEUTRAL No recent/relevant performance record is available or the offeror’s performance record or it is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

b. Factor 2 – Price: Contractors shall insert proposed pricing in the Pricing Schedule

A dated published price list shall be provided along with any additional discounts. Please provide a table for each agreement year and indicate any discounts due to quantity and any discounts provided to the government. The government is requesting substantial discounts to what is normally offered to the general public.

The contracting officer may request additional information to assist in determining price reasonableness.

Section SF 1449 - CONTINUATION SHEET

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.204-16 Commercial and Government Entity Code Reporting NOV 2014

52.204-18 Commercial and Government Entity Code Maintenance NOV 2014

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items APR 2014

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges OCT 2009

52.243-1 Changes--Fixed Price AUG 1987

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation.

(DEVIATION 2015-O0010)

FEB 2015

252.203-7999 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015- O0010)

FEB 2015

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

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

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

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

DEC 2014

252.209-7993 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law -- Fiscal Year 2014 Appropriations (Deviation)

FEB 2014

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7048 Export-Controlled Items JUN 2013

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

DEC 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

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

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

The Offeror shall complete only paragraph (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 stock of which 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 its stock is owned by one or more women; or

(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 electronically on the SAM website.

(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 representations 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 ORCA.]

(c) Offerors must complete the following representations when the resulting contract will 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 to paragraphs (c)(8) and (9): 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.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of 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

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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…