FILE_COPY_OF_BASIC_RFQ_W912DR18Q0036.pdf

SEE ADDENDUM

(No Collect Calls)

W912DR18Q0036 22-Feb-2018

b. TELEPHONE NUMBER

410-962-0972

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 12 Mar 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOSEPHINE E BARAN

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, BALTIMORE

2 HOPKINS PLAZA

ROOM 03-G-01

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: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

541990

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF47

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.

W912DR18Q0036

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

Quotes may be submitted via e-mail to Josephine.E.Baran@usace.army.mil or via mail to U.S. Army Corps of Engineers, Contracting Division, Simplified Acquisition Branch, ATTN: Josephine Baran, 2 Hopkins Plaza, Room 03-G-01, Baltimore, MD 21201

All line items must be priced. Quotes providing partial pricing may be considered non-responsive.

Questions concerning this solicitation must be submitted by email no later than 11:00 AM EST, 05 MARCH 2018 to allow responses to be posted on Federal Business Opportunities prior to solicitation closing.

Email: Josephine.E.Baran@usace.army.mil (410)962-0972

EVALUATION AND AWARD

EVALUATION CRITERIA

1. Technical – Submit along with your quotation:

A. Provide no more than 2 project narratives to discuss/demonstrate that your firm can perform, and has performed same and/or similar work. Work shall be within the last 5 years.

B. Also submit brief bio’s of the principal individuals who will directly be involved in this contract.

2. Price – Pricing shall not include any text or assumptions associated with the technical aspects of completing the work. Pricing shall be provided on a firm fixed basis.

EVALUATION CRITERIA RATING

1. Technical

RATING DESCRIPTION

ACCEPTABLE Quote clearly meets the minimum requirements of the solicitation.

UNACCEPTABLE Quote clearly does not meet the minimum requirements of the solicitation.

2. Price Price will be evaluated in accordance with FAR 15.404-1(b), price analysis for commercial items. The government may require additional pricing information to assist in determining the extent to which the price is fair and reasonable and the pricing information shall be provided if requested. The Government will evaluate quotes for award purposes by adding the total of all CLIN prices to ensure that pricing is not unbalanced.

BASIS FOR AWARD

Award will be based on lowest price, technically acceptable (LPTA). To qualify, the responsible contractor provides a quote which conforms to the solicitation; is technically acceptable; and submits the lowest price.

BID SCHEDULE

WAD Price Schedule For: Dalecarlia Pumping Station Pipe Inspection

CLIN

Number

Item Description Unit Total # of Units

$ / Unit Total $

0001 Provide Qualified Technician to inspect the designated piping system.

1 JOB

0002 Provide Inspection report 1 JOB

0003 Travel, Consumables, Office Supplies, Equipment 1 JOB

Grand Total $

PERFORMANCE WORK STATEMENT

Washington Aqueduct Division PWS for: NDT Pipe Inspection & Report

PERFORMANCE WORK STATEMENT (PWS)

INTRODUCTION/BACKGROUND: The Washington Aqueduct’s mission is to produce potable drinking water for the nation’s capital and surrounding jurisdictions in Northern Virginia. In connection with its potable water treatment and distribution program, the Washington Aqueduct maintains extensive piping systems. The piping systems require periodic inspection, some of which is highly specialized. A section of main pump supply pipe requires specialized inspection at this time. This action is to obtain the services of a qualified inspection company.

POC

Point of Contact: Javonne Hall Phone: (202) 587-9377 E-Mail: Javonne.C.Hall@usace.army.mil

GENERAL REQUIREMENTS: The intent of this contract is to provide specialized inspection services for potable water supply piping in the Aqueduct’s Dalecarlia Plant Pumping facility. The piping serves main distribution pumps.

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 of 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 Contracting Officer immediately.

Period of Performance: The Period of performance is thirty (30) days from the date of contract issuance.

General Information

Quality Assurance: The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Hours of Operation: The contractor will be responsible for performing the pipe inspection according to the mutually established schedule to be agreed to between the parties. Normal work hours are 0600 to 1530 (6:00 AM to 3:30 PM EST)

Place of Performance: The work of this contract is performed at 5900 MacArthur Blvd. NW, Washington, DC 20016.

Type of Contract: The Government will award a firm Fixed Price Contract.

Security Requirements: Note: This has been coordinated with the approved OPSEC review.

The Contractor personnel will require access to the Washington Aqueduct property in order to provide the services.

Access and General Protection/Security Policy and Procedures. The contractor and all associated subcontractor employees will comply with applicable installation, facility, and area commander installation/facility access and local security policy and procedures (provided by Government representative). The contractor will also provide all information required for background checks to meet installation-access requirements to be accomplished by the installation provost marshal office, director of emergency services, or security office. The contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and local policy. In addition to the changes otherwise authorized by the Changes Clause of this contract, should the force protection condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

iWATCH/iSALUTE Training. The contractor and all associated subcontractors will brief all employees on the local iWATCH/iSALUTE program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the USACE Project Manager. This training will be completed within 30 calendar days after the contract is awarded and within 30 calendar days after new employees commence contract performance, with the results reported to the USACE Project Manager. According to AR 530-1, new contractor employees must complete Level I OPSEC training within 30 calendar days after they report for duty. All contractor employees must complete annual OPSEC awareness training.

E-Verify Program. The contract will include this provision. Employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use E- Verify to determine the employment eligibility of 1) Employees performing direct, substantial work under those federal contracts and 2) New hires organization-wide, regardless of whether they are working on a federal contract. A federal contractor or subcontractor who has a contract with the FAR E-Verify clause also has the option to verify the company’s entire workforce.

PHYSICAL Security: Contractor personnel will be escorted during the performance of this contract.

USACE Project Manager: The Project Manger monitors all technical aspects of the contract.. The Project Manager is not authorized to change any of the terms and conditions of the contract.

Contractor Technical POC: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

The contract manager or alternate shall be available between 7:00 a.m. to 2:30 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

General: The Contractor shall furnish all supplies, material, equipment, facilities and services required to perform work under this contract.

Materials : All material used, partially or totally, to perform works required in this contract and not furnished by the U.S. Government, shall be included in the total contract cost and cannot be reimbursed by the U.S. Government.

Equipment: The Contractor shall furnish all necessary equipment, tools, supplies, and any other material necessary for the efficient, safe performance of this contract. Equipment shall be the type and size suitable for commercial operations.

Accidents: The Contractor shall be responsible for complying with any, and all municipal laws, codes and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence. The Contractor shall be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract prior to Substantial Completion.

Conduct of Operations and Personnel: The Contractor shall ensure all the works are conducted in a manner that will minimize interference with the work of the Government personnel and other Contractors.

Clean-up and Disposal: N/A.

SPECIFIC TASKS:

Basic Services. Under this contract, the contractor will provide labor, equipment, and material to inspect the piping as shown on the attached drawing Plate 2, Sheet C-2. The piping is located in the main pumping station on the Washington Aqueduct’s Dalecarlia Water Treatment Plant. The inspection should pay specific attention to the expected remaining life of the pipe and the pipe wall thickness as determined by appropriate testing. Note testing and inspection is to be performed by qualified technicians with demonstrated experienced in this type of inspection, and through Non Destructive Testing means.

Prospective contractors are encouraged to familiarize themselves with the site conditions prior to submitting quotation.

7. DELIVERABLES

The deliverable consists of the inspection services themselves, and a written report detailing the pipe conditions, drawings as needed for clarity, and recommending additional services, if any are required.

8. See enclosed Quality Assurance Surveillance Plan for performance standards.

List of Attachments: Washington Aqueduct Drawing: Plate 2, Sheet C-2.

(End of PWS)

QUALITY ASSURANCE SURVEILLANCE

QUALITY ASSURANCE SURVEILLANCE PLAN

Provide NDT Pipe Inspection & Report for Water Main Piping in the Aqueduct’s Dalecarlia Pumping Station

Contract Description: The Washington Aqueduct’s mission is to produce potable drinking water for the nation’s capital and surrounding jurisdictions in Northern Virginia. In connection with its potable water treatment and distribution program, the Washington Aqueduct maintains extensive piping systems. The piping systems require periodic inspection, some of which is highly specialized. A section of main pump supply pipe requires specialized inspection at this time. This action is to obtain the services of a qualified inspection company.

Contractor’s name: TBD

1. PURPOSE

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

Confirm that the action is conducted utilizing proper procedures and in accordance with the approved work and safety plans.

Define the roles and responsibilities of participating Government officials.

Define the types of work to be performed with required end results.

Document the evaluation methods that will be employed by the Government in assessing the

Contractor’s performance.

Provide the Surveillance Activities Table and Corrective Action Request (CAR) form that will be used by the Government in documenting and evaluating the Contractor’s performance.

Describe the process of performance documentation.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

52.246-4 Inspection of Services – Fixed-Price

2. GOVERNMENT ROLES AND RESPONSIBILITIES

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (KO) - The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The KO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Assigned KO: La Shura Johnson Telephone: 410-962-5626 Email: LaShura.M.Johnson@usace.army.mil

b. Contract Specialist (KS) - The KS acts as an acquisition consultant and serves as liaison between the USACE – Baltimore District: Contracting Office and the requesting program office (USACE – Baltimore District:

Washington Aqueduct.

Assigned KS: TBD Telephone:

Email:

c. USACE Project Manager - The Project Manager is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The Project Manger shall keep a quality assurance file. At the conclusion of the contract or when requested by the KO, the P r o j e c t M a n a g e r shall provide documentation to the KO. The Project Manager is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. The contractor shall refer any changes they deem may affect contract price, terms, or conditions to the KO for action.

Assigned Project Manager: Karen Truxal Telephone: (202)764-2727 Email: Karen.Truxal@usace.army.mil

d. Other Key Government Personnel - This includes Performance Monitors, Inspectors, etc. who act on behalf of the Project Manager to monitor performance (i.e., Technical Manager).

Name: Javonne C. Hall Title: Maintenance Planner/Scheduler Telephone: 202-587-9377 Email: javonne.c.hall@usace.army.mil mailto:erik.w.tesnau@usace.army.mil

3. CONTRACTOR REPRESENTATIVES

The following employees of the contractor serve as the contractor’s Task Manager for this contract.

Task Manager: TBD Telephone: TBD Email: TBD

4. PERFORMANCE STANDARDS

Performance standards define desired services. T he Aqueduct’s Dalecarlia Water Treatment Plant is located at 5900 MacArthur Blvd. NW, Washington, DC 20016, and the Contractor’s work will be done on these premises.

Due to the proprietary nature of the software already in use at the Aqueduct, the Government has pre-selected the OSI PI Historian contractor that is to be provided.

The Performance Requirements Summary Matrix, shown in Table 1 below, includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Table 1. Performance Standards for Non-Destructive Testing/Inspection of Water main Piping.

Task Indicator Standard Acceptable

Quality Level Surveillance

Method Incentive

Provide the required pipe inspection and NDT Testing.

Operational assessment.

Applicable standards as specified in the government’s SOW, pipe inspection by qualified technicians with demonstrated experience.

Full compliance, Observation, inspection.

Prompt Government acceptance.

Provide a detailed written report, detailing the findingse of the inspection.

Operational assessment

Industry standards for inspections and reports of this type.

Full compliance, Observation, inspection.

Prompt Government acceptance of report.

5. METHODS OF QA SURVEILLANCE

Various methods exist to monitor performance. The Project Manager shall use the surveillance methods listed above in the administration of this QASP, including reliance on the reports by the government’s IT and Laboratory Specialists.

The primary surveillance method employed will be first hand, continuous observation by government technicians and supervisors.

Regardless of the surveillance method, the Project Manager shall always contact the contractor's task manager or on-site representative when a defect is identified and inform the manager of the specifics of the problem.

The Project Manager, with assistance from the KS and the Specialist named above, shall be responsible for monitoring the contractor’s performance in meeting a specific performance standard/AQL.

REPORT

See requirements for the reporting in the government’s PWS.

6. RATINGS

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a high to low, or neutral outcome. The following ratings shall be used:

HIGH:

Likely to cause significant disruption of schedule, increased cost or degradation of performance; risk may be unacceptable even with special Contractor emphasis and close government monitoring

MODERATE:

Can potentially cause some disruption of schedule, increased cost, or degradation of performance;

special Contractor emphasis and close government monitoring will probably be able to overcome difficulties

LOW:

Has little potential to cause disruption of schedule, increased cost or degradation of performance; normal Contractor effort and normal government monitoring will probably overcome difficulties

NEUTRAL: Unable to provide an evaluation.

7. DOCUMENTING PERFORMANCE

a. ACCEPTABLE PERFORMANCE.

The Government shall document positive performance. Since this is an ongoing performance requirement, the contract performance is completely satisfied once the POP has expired. Performance reports are not anticipated to be required at this time.

b. UNACCEPTABLE PERFORMANCE.

When unacceptable performance occurs, the Project Manager shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the Project Manager shall document the discussion and place it in the QC file.

When the Project Manager determines formal written communication is required, the Project Manger shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's task manager or on-site representative.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the Project Manager. The Government shall review the contractor's corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for contract payment deductions, fixed fee deductions, award fee nonpayment, or other actions deemed necessary by the KO

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-41 Service Contract Labor Standards MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

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

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

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

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

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) √ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xix) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) - ALTERNATE I (SEPT 2015)

(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 concern eligible under the WOSB Program.

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 the size standard in paragraph (b) of this provision.

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.

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 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) The North American Industry Classification System (NAICS) code for this acquisition is 541990, All Other Professional, Scientific, and Technical Services.

(2) The small business size standard is $15,000,000.00.

Information about Average Annual Receipts

The three-year average annual receipts (AAR) means "total income" or "gross income" plus "cost of goods sold" as reported to the IRS tax returns and includes those of all affiliates world wide. The AARs are calculated based on your firm's last three completed fiscal years. Travel, real estate and advertising agents, providers of conference management services, freight forwarders, customs brokers and tour operators may deduct amounts they collect on behalf of another. If a concern has not been in business for three (3) years, the average weekly revenue for the number of weeks the concern has been in business is multiplied by 52 to determine its average annual receipts. For more information see:

https://www.sba.gov/content/what-are-small-business-size-standards

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

(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [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.

(3) [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 women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(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.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB 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)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture.