A.07.23_Solicitation_W912DR18Q0127.pdf
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- Cable Lubrication WAD Federal contract opportunity
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SEE ADDENDUM
(No Collect Calls)
W912DR18Q0127 14-Sep-2018
b. TELEPHONE NUMBER
410-962-5626
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 24 Sep 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 X 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
LA SHURA M JOHNSON
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
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
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
US ARMY CORPS OF ENGINEERS BALTIMORE DIS
2 HOPKINS PLAZA
RM 03-G-04
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: 410-962-2196 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,250
NAICS:
333923
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 OF51
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.
W912DR18Q0127
Section SF 1449 - CONTINUATION SHEET
INSTRUCTION TO OFFERORS
The Government is using FAR Subparts 13 and will award a firm-fixed-priced contract resulting from this solicitation to the responsible contractor whose quote conforms to the solicitation. Quotes can be submitted via e-mail at LaShura.M.Johnson@usace.army.mil
SUBMISSION REQUIREMENTS:
The Government anticipates award of a Firm-Fixed-Price (FFP) to the Lowest Price Technically Acceptable contractor, i.e. to the contractor with the lowest evaluated realistic price of quotes meeting the acceptability standards for non-cost factors. All files shall be submitted as either a Microsoft Excel (.XLS) file, Microsoft Word, or Acrobat.
Award will be made with appropriate consideration given to the three evaluation factors:
1) Technical Capabilities:
a. The Offeror shall provide narrative that demonstrates capability to fulfill the specified requirements of the Performance Work Statement.
2) Price:
Quotes shall be submitted via e-mail to LaShura.M.Johnson@usace.army.mil, no later than the time and date specified on Standard Form 1449, Block 8. Unclear quotes may not result in questions for clarifications. Quotes received after the required time and date deadline will not be evaluated.
The attach Price Schedule must complete with all line items priced to be considered for award. Quotes providing partial pricing shall be considered non-compliant.
3) Past Performance:
Past performance refers to the quality of recent project experience from the customer’s perspective. The Offeror shall provide at least one (1) reference for work of similar complexity. References must be recent within the past 3 years.
Questions concerning this solicitation must be submitted by email no later than 19 September 2018 at 12:00 PM EST. This will allow responses to be posted on FBO prior to solicitation closing. Email:
LaShura.M.Johnson@usace.army.mil.
EVALUATION CRITERIA
Technical Capabilities
The Offeror’s quotes will be rated either ACCEPTABLE or UNACCEPTABLE. The definition of each are as follows:
ACCEPTABLE - Based on the contractor’s Technical Capabilities narrative, the Government has a reasonable expectation that the contractor can successfully perform the required effort.
UNACCEPTABLE - Based on the contractor’s Technical Capabilities narrative, the Government does not reasonably expect that the contractor will successfully perform the required effort.
Price
The Government may use various price analysis techniques and procedures to ensure a fair and reasonable price.
Offeror’s Price Schedule will be evaluated to ensure it has been completed in its entirety. All line items must be priced. Quotes providing partial pricing shall be considered non-compliant.
Past Performance
The Government will assess the degree of success of Offeror’s recent, relevant past performance to ensure their technical approach meets the requirements of the Performance Work Statement (PWS). Owners/references will be asked to comment on items such as, timeliness, management of subcontractor work, including timely payment to subs or suppliers, safety, relations between customer and contractor, level of support for such things as correcting errors. Any offeror who has demonstrated satisfactory past performance will be considered eligible for award. Any offeror who demonstrated unsatisfactory past performance will not be considered eligible for award. If the Government does not obtain past performance information for the projects identified by the offeror and cannot establish a past performance record for the offeror through other sources, or if the offeror has no past performance record and cannot tie significant, relevant experience of key personnel proposed for this project to cited experience, past performance will be evaluated neither favorably nor unfavorably.
PRICE SCHEDULE
WAD Price Schedule For: Forebay Reservoir Dredge Cable Lubrication, R-1
Date Valid Until:
CLIN
Number Item Description Unit
Total # of Units
$ / Unit Total $
Base Year Forebay Dredge Cable Lubrication Provide Cable Inspection Followed by Lubrication of Steel Cables for Achoring and manuevering the Forebay Dredge.
Each, per Unit
Description
Option Year 01 Forebay Dredge Cable Lubrication Provide Cable Inspection Followed by Lubrication of Steel Cables for Achoring and manuevering the Forebay Dredge.
Each, per Unit
Option Year 02 Forebay Dredge Cable Lubrication Provide Cable Inspection Followed by Lubrication of Steel Cables for Achoring and manuevering the Forebay Dredge.
Each, per Unit
Grand Total Proposal $
PERFORMANCE WORK STATEMENT
Washington Aqueduct Division PWS for: Dredge Cable Inspection and
Lubrication
PERFORMANCE WORK STATEMENT (PWS)
INTRODUCTION/BACKGROUND: The Washington Aqueduct’s mission is to produce potable drinking water for the nation’s capital and its surrounding jurisdictions in Northern Virginia. In connection with its potable water treatment program, the Washington Aqueduct maintains 3 mechanical dredges to remove accumulated sediment form the raw water before it begins the chemical treatment process. This sediment accumulates in 3 separate basins or ponds and is collected by these mechanical dredges. At each basin/pond a mechanical dredge traverses the collection basin by using a network of wire rope cables and a series of electric drum winch’s mounted at specific locations. These winches are controlled by a PLC (Programmable Logic Controller) that has been programed to operate as necessary to position the dredge at appropriate locations in the collection basin/pond during operation.
POC
Point of Contact: Lee Fisher Phone: (202) 587-9155 E-Mail: Donald.L.Fisher@usace.army.mil
GENERAL REQUIREMENTS: The intent of this contract is to provide the OSHA required annual wire rope cable inspection and lubrication for a network of wire rope cables and electric drum winches that 3 individual basin dredges traverse on. This includes a total for the three basins of approximately 10,000 LF of 3/8” and approximately 3000 LF of 1 ¼” wire rope cables, 9 electric drum winches (3 at each basin) along with all associated pulleys, sheaves and connecting hardware at the 3 collection basins known as The Forebay reservoir and Georgetown Basin 01 and Basin 02.
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 one base year and two option years.
General Information
Quality Control: The contractor shall maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall include procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor shall submit its Quality Control Plan (QCP) to the COR for approval within 7 (seven) calendar days after contract award, if requested by the COR.
After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.
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 cable lubrication according to the mutually established schedule to be agreed to between the parties.
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 COR. 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 COR.
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.
Contracting Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies, coordinate availability of government furnished property, and provide site entry of Contractor personnel. A COR will be appointed at the time the contract is awarded. The COR 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 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:
1) Preform the annual inspection of the wire rope cables, prior to their lubrication. The annual inspection is to be carried out in accordance with OSHA 29 CFR 1926.1413 and as applicable. The inspection records will be in a form document clearly legible and protected in a binder. Provide a certification record for the inspection which includes the date of inspection, the signature of the person who performed the inspection and an identifier for the rope which was inspected.
2) Perform inspection and manufacturers preventative maintenance on the 9 total electric drum winches.
The annual inspection is to be carried out in accordance with the standards found in ASME B30.7-2016.
The inspection records will be in a form document clearly legible and protected in a binder. Provide a certification record for the inspection which includes the date of inspection, the signature of the person who performed the inspection and an identifier for the drum winch that was inspected.
3) Provide labor, material and all necessary equipment, to provide once per year (annual) inspection and lubrication of approximately 13,000 LF of wire rope cable, consisting of approximately 10,000 LF of 3/8” and 3,000 LF 1 ¼” wire rope cable. Since the some of the cables are suspended over the water all cables will be lubricated with a water soluble based lubrication which will be submitted for approval before being applied.
4) It is expected that the lubrication will be performed while the cables are connected to the dredge and the framework of posts. Some of the cables are suspended over the water and are not easily accessible.
Means and methods of accessing the cables for inspection and lubrication are by the Contractor. The actual LF of cable may vary from the approximate amount listed above. Prospective contractors are encouraged to familiarize themselves with the site conditions prior to submitting proposals (site visit is encouraged).
7. DELIVERABLES
The deliverables consists of the services to perform the wire rope cable and winch lubrication, and provide the inspection reports for the wire rope cable and the electric drum winches as stated above.
(End of PWS)
QASP
QUALITY ASSURANCE SURVEILLANCE PLAN
Purchase Forebay Dredge Cable Lubrication For the Washington Aqueduct’s Forebay Dredge Anchoring
Cables
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 program, the Washington Aqueduct maintains a mechanical dredge to clean up various sediments in the Forebay reservoir.
The dredge is anchored and moved around the reservoir with steel cables and the cables require periodic lubrication.
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: Colette Day Telephone: 410-962-2187 Email: colette.b.day@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: Iyaker Baptiste Telephone: 410-962-3529 Email: Iyaker.C.Baptiste@usace.army.mil
c. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. At the conclusion of the contract or when requested by the KO, the COR shall provide documentation to the KO. The COR 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 COR: TBD Telephone:
Email:
d. Other Key Government Personnel - This includes Performance Monitors, Inspectors, etc. who act on behalf of the COR to monitor performance (i.e., Technical Manager).
Name: Donald Lee Fisher Title: Maintenance Planner/ Scheduler Telephone: 202-587-9155 Email: Donald.L.Fisher@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. The Aqueduct’s Forebay Reservoir at the Dalecarlia Water Treatment Plant is located across the street from 5900 MacArthur Blvd. NW, Washington, DC 20016, and the Contractor’s work will be done on those premises.
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 Forebay Dredge Cable Lubrication
Task Indicator Standard Acceptable
Quality Level Surveillance
Method Incentive
Provide for personnel access to the anchoring cables that require lubrication, which cables are to remain in place during the lube.
Operational assessment.
The means and methods for providing access are by the Contractor.
Full access to all cables. Note the government personnel will also utilize the access, in order to observe & inspect the progress of the work
First hand observation, inspection.
Prompt Government acceptance of cable lubrication.
Provide lubrication throughout the length of the cables according to industry standards and manufacturer’s recommendation s.
Operational assessment
Applicable standards as referenced.
Full compliance. First hand observation, inspection.
Prompt Government acceptance of the contract work.
5. METHODS OF QA SURVEILLANCE
Various methods exist to monitor performance. The COR 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 COR 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 COR, 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
Reports are not anticipated to be required for this contract.
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 COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.
When the COR determines formal written communication is required, the COR 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 COR. 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.
SUBMISSION OF INVOICES
(a) Original invoices for services performed under the contract will be submitted to and payment will be made by:
USACE FINANCE CENTER
ATTN: DISBURSING
5722 INTEGRITY DRIVE
MILLINGTON, TN 38054-5005
(b) One copy of all invoices shall be forwarded to the following for review and certification:
WASHINGTON AQUEDUCT
SUPPORT MANAGEMENT SECTION
DONALD FISHER
5900 MACARTHUR BLVD NW
WASHINGTON DC 20016
PHONE: 202-587-9155
CONTRACTING OFFICER AUTHORITY
The primary Contracting Officer for this action is Colette B. Day; however, any Contracting Officer holding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officer for this contract.
Only a warranted Contracting Officer, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.204-1 Approval of Contract DEC 1989 52.204-2 Security Requirements AUG 1996 52.204-3 Taxpayer Identification OCT 1998 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.219-14 Limitations On Subcontracting JAN 2017 52.222-41 Service Contract Labor Standards MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 333923.
(2) The small business size standard is 1,250.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)
Technical and past performance, when combined, are significantly less important than cost or price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)
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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“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.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“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…
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