W912DS-12-B-0003 Solicitation.pdf

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Albert.C.Rumph@nan02.usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 64

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912DS 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ALBERT C RUMPH 917-790-8078

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 20

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

21 - 30 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 33 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

34 - 46

PART II - CONTRACT CLAUSES

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

212 264-0238

212 264-3013FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

W16ROE13535173

5. DATE ISSUED

15 Jun 2012

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912DS-12-B-0003

Section B - Supplies or Services and Prices

INTRODUCTION

Introduction

1. The U.S. Army Corps of Engineers, New York District (NYD) intends to award two Indefinite Delivery Indefinite Quantity (IDIQ) contracts for its Operations Division off of this Invitation for Bid (IFB). One contract would be UNRESTRICTED, and in accordance with FAR PART 52.219-6 Notice of Total Small Business Set-Aside, the other contract will be awarded to a Small Business concern.

2. The duration of the contracts is one year plus four optional years. One Small Business Set-

Aside contract will be awarded to the lowest bidder who has currently (within the last 18 months) demonstrated to EPA, Region 2, through submission of actual data, that they are capable of performing work in our program. A bidder will be considered to have demonstrated they are capable if we have documentation from EPA, Region 2 (within the last 18 months) stating that the laboratory has submitted data that is fully acceptable or acceptable with qualification, or that they have satisfied Demonstration of Capability (DOC) requirements (see attached, DOC Guidelines – Biological Testing) for the NYD/EPA, Region 2 dredged material testing program. This contract will be up to $1,300,000 for the base year and up to $1,000,000 for each of the four option years. The minimum guarantee for the base year is $20,000.00. The minimum guarantee for each option year is $8,000.00

3. A second contract will be awarded on an Unrestricted basis to the next lowest bidder (or to the lowest bidder, if the next lowest bidder was awarded the contract described above). If this bidder has not satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program, they will have up to one year to obtain a statement from EPA, Region 2 indicating that they have submitted data (in the form of either actual project data for evaluation in our program or through the DOC process) that is fully acceptable or acceptable with qualification, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program. This contract will be up to $700,000 for the base year and up to $1.000,000 for each of the four option years. The minimum guarantee for the base year is $14,000.00. The minimum guarantee for each option year is $8,000.00. If the contractor does not receive a statement from EPA, Region 2 indicating that they have submitted data (in the form of either actual project data for evaluation in our program or through the DOC process) that is fully acceptable or acceptable with qualifications, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program, it will be paid only the minimum guarantee and no options will be exercised.

4. In determining the criteria for providing awardees a fair opportunity to be considered for each task order, the government will consider factors such as, satisfactory and timely completion of previous task orders, EPA Region 2 acceptance of past deliverables, cost for required analyses, lab capacity and availability, and past performance / experience on the type of services / project requiring testing.

1. More than one contract is being awarded for the same scope of work as this contract. Once each contractor has a statement from EPA, Region 2 indicating that they have submitted data ( in the form of either actual project data for evaluation in our program or through the DOC process) that is fully acceptable or acceptable with qualification, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program they will each be afforded a fair opportunity to be considered for each task order in excess of $2,500, except as provided in FAR 16.505 (b) (2).

2. In determining the criteria for providing awardees a fair opportunity to be considered for each task order, the government will consider factors such as, satisfactory and timely completion of previous task orders, EPA Region 2 acceptance of past deliverables, cost for required analyses, lab capacity and availability, and past performance/experience on the type of services/ project requiring testing.

3. If the contractor believes it was not fairly considered for a particular task order, the contractor may present a complaint to the contracting officer. The contractor may appeal the explanation or decision of the contracting officer to the USACE Ombudsman, who is assigned to the USACE Office of the PARC, at the following address: Headquarters, U.S. Army Corps of Engineers, Attention:

CEPR-P (USACE Ombudsman) 441 G Street, N.W., Washington, D.C. 20314- 1000. The ombudsman will review the contractor’s complaints in accordance with FAR 16.505 (b) (5).

NOTES TO BIDDERS

Notes to Bidders

1. There are five tables in Section B the “Price Schedule”. The Price Schedule has a listing of the requirements that will be part of the basic IDIQ contracts. All Bidders must fill in prices for each item for the Base, 1st Option year, 2nd Option year, 3rd Option year, and 4th Option year for unit Price and (Extended) Price. The estimated quantity is the government’s estimate as to the usage of each item for each year of the contract. All bidders must fill in the Total for each year’s Extended Prices as well as the Total Base plus Option Years Extended Price.

2. Prices will be evaluated according to the Price Schedule listed provided in Section B. For the purpose of evaluating price, the lowest bidder will be the bidder with the lowest extended prices for BASE YEAR PLUS OPTION YEARS.

3. While estimated quantities are the governments best estimate of anticipated usage for each year of the contract the actual usage may be more or less for each item.

4. A Laboratory will need to obtain an EPA approved Demonstration of Capability unless we have documentation from EPA, Region 2 (within the last 18 months) stating that the laboratory has submitted data that is fully acceptable or acceptable with qualifications, or they have already satisfied Demonstration of Capability (DOC) requirements.

5. An acceptable Work/QA plan is required prior to performing actual sampling and testing.

6. If there are any questions about the solicitation’s requirements, bidders should inquire prior to bidding on the work. All questions should be submitted to Albert Rumph via email at albert.c.rumph@usace.army.mil, with a subject line titled “ W912DS-12-B- 0003 Dredged Material –Biological”,no later than 9 July 2012 at 2:00PM EST..

DEMOSTRATION OF CAPABILITY

DEMONSTRATION OF CAPABILITY (DOC) GUIDELINES – BIOLOGICAL TESTING

See attached DOC Guidelines.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract #1

FFP

The duration of the contracts is one year plus four optional years. One Small Business Set-Aside contract will be awarded to the lowest bidder who has currently (within the last 18 months) demonstrated to EPA, Region 2, through submission of actual data, that they are capable of performing work in our program. A bidder will be considered to have demonstrated they are capable if we have documentation from EPA, Region 2 (within the last 18 months) stating that the laboratory has submitted data that is fully acceptable or acceptable with qualification, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program. This contract will be up to $1,300,000 for the base year and up to $1,000,000 for each of the four option years.

FOB: Destination

MILSTRIP: W16ROE13535173

PURCHASE REQUEST NUMBER: W16ROE13535173

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract #2

FFP

A second contract will be awarded on an Unrestricted basis to the next lowest bidder (or to the lowest bidder, if the next lowest bidder was awarded the contract described above). If this bidder has not satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program, they will have up to one year to obtain a statement from EPA, Region 2 indicating that they have submitted data (in the form of either actual project data for evaluation in our program or through the DOC process) that is fully acceptable or acceptable with qualification, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program. This contract will be up to $700,000 for the base year and up to $1,000,000 for each of the four option years. If the contractor does not receive a statement from EPA, Region 2 indicating that they have submitted data (in the form of either actual project data for evaluation in our program or through the DOC process) that is fully acceptable or acceptable with qualifications, or that they have satisfied DOC requirements for the NYD/EPA, Region 2 dredged material testing program, it will be paid only the minimum guarantee and no options will be exercised.

FOB: Destination

NET AMT

PRICE SCHEDULE

Price

CLIN Description Est Qty

Unit of Issue

Base Unit Price

Base Est Price

0001AA Sampling-Mob/Demob - Vibracore 9 Unit 0001AB Sampling-Mob/Demob – Split Spoon 1 Unit 0001AC Sampling-Vibracore, per sample 425 Unit 0001AD Sampling-Split Spoon, per sample 5 Unit 0001AE Sampling-Grab, per sample 1 Unit 0001AF Sampling-Vibracore, per 5 gals 1 Unit 0001AG Sampling-Grab, per 5 gals 40 Unit 0001AH Sampling-Compositing 5 Unit 0001AJ Grain Size Analysis 400 Unit 0001AK Grain Size Distribution 1 Unit 0001AL % Moisture & Moisture Content 400 Unit 0001AM Specific Gravity 20 Unit 0001AN Bulk Density-wet 20 Unit 0001AP Plasticity Indices 20 Unit 0001AQ USCS Classification 1 Unit 0001AR Permeability 1 Unit 0001AS Consolidation 1 Unit 0001AT TSS 20 Unit 0001AU %TOC 400 Unit 0001AV WC-Bivalve-1st 5 Unit 0001AW WC-Mysid-1st 5 Unit 0001AX WC-Menidia-1st 5 Unit 0001AY WC-Bivalve-Addtl 4 Unit 0001AZ WC-Mysid-Addtl 4 Unit 0001BA WC-Menidia-Addtl 4 Unit 0001BB 10-D Amphipod-1st 5 Unit 0001BC 10-D Mysid-1st 5 Unit 0001BE 10-D Amphipod-Addtl 4 Unit 0001BF 10-D Mysid-Addtl 4 Unit 0001BG 10-D Amphipod-LIS 1 Unit 0001BH 10-D Mysid-LIS 1 Unit 0001BJ 28-D Nereis-1st 5 Unit 0001BK 28-D Macoma-1st 5 Unit 0001BL 28-D Nereis-Addtl 4 Unit 0001BM 28-D Macoma-Addtl 4 Unit 0001BN 28-D Nereis-LIS 1 Unit 0001BP 28-D Macoma-LIS 1 Unit 0001BQ WC-Addtl Dilution 1 Unit 0001BR Statistics 10 Unit 0001BS Public Notice 5 Unit

Total Base Est. Price $_____________

Total 1st Option Est. Price $_____________

CLIN Description Est Qty

Unit of Issue

1st Option

Unit Price

1st Option

Est Price 0002AA Sampling-Mob/Demob – Vibracore 8 Unit 0002AB Sampling-Mob/Demob - Split Spoon 1 Unit 0002AC Sampling-Vibracore, per sample 375 Unit 0002AD Sampling-Split Spoon, per sample 1 Unit 0002AE Sampling-Grab, per sample 1 Unit 0002AF Sampling-Vibracore, per 5 gals 1 Unit 0002AG Sampling-Grab, per 5 gals 32 Unit 0002AH Sampling-Compositing 2 Unit 0002AJ Grain Size Analysis 275 Unit 0002AK Grain Size Distribution 1 Unit 0002AL % Moisture & moisture content 275 Unit 0002AM Specific Gravity 15 Unit 0002AN Bulk Density-wet 15 Unit 0002AP Plasticity Indices 15 Unit 0002AQ USCS Classification 1 Unit 0002AR Permeability 1 Unit 0002AS Consolidation 1 Unit 0002AT TSS 15 Unit 0002AU %TOC 275 Unit 0002AV WC-Bivalve-1st 4 Unit 0002AW WC- Mysid-1st 4 Unit 0002AX WC-Menidia-1st 4 Unit 0002AY WC-Bivalve-Addtl 3 Unit 0002AZ WC-Mysid-Addtl 3 Unit 0002BA WC-Menidia-Addtl 3 Unit 0002BB 10-D Amphipod-1st 4 Unit 0002BC 10-D Mysid-1st 4 Unit 0002BE 10-D Amphipod-Addtl 3 Unit 0002BF 10-D Mysid-Addtl 3 Unit 0002BG 10-D Amphipod-LIS 1 Unit 0002BH 10-D Mysid-LIS 1 Unit 0002BJ 28-D Nereis-1st 4 Unit 0002BK 28-D Macoma-1st 4 Unit 0002BL 28-D Nereis-Addtl 3 Unit 0002BM 28-D Macoma-Addtl 3 Unit 0002BN 28-D Nereis-LIS 1 Unit 0002BP 28-D Macoma-LIS 1 Unit 0002BQ WC-Addtl Dilution 1 Unit 0002BR Statistics 8 Unit 0002BS Public Notice 4 Unit

Total 2nd Option Est. Price $_____________

CLIN Description Est Qty

Unit of Issue

2nd Option

Unit Price

2nd Option

Est Price 0003AA Sampling-Mob/Demob – Vibracore 8 Unit 0003AB Sampling-Mob/Demob – Split Spoon 1 Unit 0003AC Sampling-Vibracore, per sample 350 Unit 0003AD Sampling-Split Spoon, per sample 1 Unit 0003AE Sampling-Grab, per sample 1 Unit 0003AF Sampling-Vibracore, per 5 gals 1 Unit 0003AG Sampling-Grab, per 5 gals 32 Unit 0003AH Sampling-Compositing 2 Unit 0003AJ Grain Size Analysis 250 Unit 0003AK Grain Size Distribution 1 Unit 0003AL % Moisture & moisture content 250 Unit 0003AM Specific Gravity 15 Unit 0003AN Bulk Density-wet 15 Unit 0003AP Plasticity Indices 15 Unit 0003AQ USCS Classification 1 Unit 0003AR Permeability 1 Unit 0003AS Consolidation 1 Unit 0003AT TSS 15 Unit 0003AU %TOC 250 Unit 0003AV WC-Bivalve-1st 4 Unit 0003AW WC- Mysid-1st 4 Unit 0003AX WC-Menidia-1st 4 Unit 0003AY WC-Bivalve-Addtl 3 Unit 0003AZ WC-Mysid-Addtl 3 Unit 0003BA WC-Menidia-Addtl 3 Unit 0003BB 10-D Amphipod-1st 4 Unit 0003BC 10-D Mysid-1st 4 Unit 0003BE 10-D Amphipod-Addtl 3 Unit 0003BF 10-D Mysid-Addtl 3 Unit 0003BG 10-D Amphipod-LIS 1 Unit 0003BH 10-D Mysid-LIS 1 Unit 0003BJ 28-D Nereis-1st 4 Unit 0003BK 28-D Macoma-1st 4 Unit 0003BL 28-D Nereis-Addtl 3 Unit 0003BM 28-D Macoma-Addtl 3 Unit 0003BN 28-D Nereis-LIS 1 Unit 0003BP 28-D Macoma-LIS 1 Unit 0003BQ WC-Addtl Dilution 1 Unit 0003BR Statistics 8 Unit 0003BS Public Notice 4 Unit

Total 3rd Option Est. Price $_____________

CLIN Description Est Qty

Unit of Issue

3rd Option

Unit Price

3rd Option

Est Price 0004AA Sampling-Mob/Demob - Vibracore 8 Unit 0004AB Sampling-Mob/Demob – Split Spoon 1 Unit 0004AC Sampling-Vibracore, per sample 350 Unit 0004AD Sampling-Split Spoon, per sample 1 Unit 0004AE Sampling-Grab, per sample 1 Unit 0004AF Sampling-Vibracore, per 5 gals 1 Unit 0004AG Sampling-Grab, per 5 gals 32 Unit 0004AH Sampling-Compositing 2 Unit 0004AJ Grain Size Analysis 250 Unit 0004AK Grain Size Distribution 1 Unit 0004AL % Moisture & moisture content 250 Unit 0004AM Specific Gravity 15 Unit 0004AN Bulk Density-wet 15 Unit 0004AP Plasticity Indices 15 Unit 0004AQ USCS Classification 1 Unit 0004AR Permeability 1 Unit 0004AS Consolidation 1 Unit 0004AT TSS 15 Unit 0004AU %TOC 250 Unit 0004AV WC-Bivalve-1st 4 Unit 0004AW WC- Mysid-1st 4 Unit 0004AX WC-Menidia-1st 4 Unit 0004AY WC-Bivalve-Addtl 3 Unit 0004AZ WC-Mysid-Addtl 3 Unit 0004BA WC-Menidia-Addtl 3 Unit 0004BB 10-D Amphipod-1st 4 Unit 0004BC 10-D Mysid-1st 4 Unit 0004BE 10-D Amphipod-Addtl 3 Unit 0004BF 10-D Mysid-Addtl 3 Unit 0004BG 10-D Amphipod-LIS 1 Unit 0004BH 10-D Mysid-LIS 1 Unit 0004BJ 28-D Nereis-1st 4 Unit 0004BK 28-D Macoma-1st 4 Unit 0004BL 28-D Nereis-Addtl 3 Unit 0004BM 28-D Macoma-Addtl 3 Unit 0004BN 28-D Nereis-LIS 1 Unit 0004BP 28-D Macoma-LIS 1 Unit 0004BQ WC-Addtl Dilution 1 Unit 0004BR Statistics 8 Unit 0004BS Public Notice 4 Unit

CLIN Description Est Qty

Unit of Issue

4th Option

Unit Price

4th Option

Est Price 0005AA Sampling-Mob/Demob - Vibracore 8 Unit 0005AB Sampling-Mob/Demob - Split Spoon 1 Unit 0005AC Sampling-Vibracore, per sample 350 Unit 0005AD Sampling-Split Spoon, per sample 1 Unit 0005AE Sampling-Grab, per sample 1 Unit 0005AF Sampling-Vibracore, per 5 gals 1 Unit 0005AG Sampling-Grab, per 5 gals 32 Unit 0005AH Sampling-Compositing 2 Unit 0005AJ Grain Size Analysis 250 Unit 0005AK Grain Size Distribution 1 Unit 0005AL % Moisture & moisture content 250 Unit 0005AM Specific Gravity 15 Unit 0005AN Bulk Density-wet 15 Unit 0005AP Plasticity Indices 15 Unit 00051A

Q USCS Classification 1 Unit 0005AR Permeability 1 Unit 0005AS Consolidation 1 Unit 0005AT TSS 15 Unit

00051AU %TOC 250 Unit 0005AV WC-Bivalve-1st 4 Unit 0005AW WC- Mysid-1st 4 Unit 0005AX WC-Menidia-1st 4 Unit 00051AY WC-Bivalve-Addtl 3 Unit 0005AZ WC-Mysid-Addtl 3 Unit 0005BA WC-Menidia-Addtl 3 Unit 0005BB 10-D Amphipod-1st 4 Unit 0005BC 10-D Mysid-1st 4 Unit 0005BE 10-D Amphipod-Addtl 3 Unit 0005BF 10-D Mysid-Addtl 3 Unit 0005BG 10-D Amphipod-LIS 1 Unit 0005BH 10-D Mysid-LIS 1 Unit 00051BJ 28-D Nereis-1st 4 Unit 0005BK 28-D Macoma-1st 4 Unit 0005BL 28-D Nereis-Addtl 3 Unit 0005BM 28-D Macoma-Addtl 3 Unit 0005BN 28-D Nereis-LIS 1 Unit 0005BP 28-D Macoma-LIS 1 Unit 0005BQ WC-Addtl Dilution 1 Unit 0005BR Statistics 8 Unit 0005BS Public Notice 4 Unit

Total 4th Option Est. Price $___________

1. Total Base Year $___________________

2. Option Year 1 $___________________

3. Option Year 2 $___________________

4. Option Year 3 $___________________

5. Option Year 4 $___________________

6. Total Option Years 1-4 $___________________

7. Total Base Plus Option Years 1-4 $___________________

CPARS INFORMATION

CPARS

The Federal Acquisition Regulation (FAR) requires collection of Past performance Information (PPI) on DoD contracts. Contractor Performance Assessment Reporting System (CPARS) is a web-enabled application that collects and manages a library of automated contractor report cards. The CPARS module assesses performance on contracts for Systems, Services, IT, and Operations Support. Contractor Representatives are responsible for reviewing and commenting on evaluations submitted on CPARS website at https://www.cpars.csd.disa.mil/cparsmain.htm

Section C - Descriptions and Specifications

SCOPE OF WORK

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

Section I - Contract Clauses

52.202-1 Definitions JAN 2012 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-7 Anti-Kickback Procedures OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

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

MAY 2011

52.204-7 Central Contractor Registration FEB 2012 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

FEB 2012

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

FEB 2012

52.213-1 Fast Payment Procedure MAY 2006 52.216-27 Single or Multiple Awards OCT 1995 52.217-5 Evaluation Of Options JUL 1990 52.219-4 Alt I Notice of Price Evaluation preference for HUBZone Small

Business Concerns (JAN 2011) Alternate I

JAN 2011

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-9 Small Business Subcontracting Plan JAN 2011 52.219-14 Limitations On Subcontracting NOV 2011 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Act Of 1965 NOV 2007 52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JAN 2009 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

DEC 2007

52.223-6 Drug-Free Workplace MAY 2001

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-3 Patent Indemnity APR 1984 52.228-1 Bid Guarantee SEP 1996 52.229-1 State and Local Taxes APR 1984 52.229-3 Federal, State And Local Taxes APR 2003 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest OCT 2010 52.232-23 Assignment Of Claims JAN 1986 52.232-25 Prompt Payment OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.236-7 Permits and Responsibilities NOV 1991 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items DEC 2010 52.253-1 Computer Generated Forms JAN 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Export-Controlled Items APR 2010 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) SEP 2011 252.225-7001 Buy American Act And Balance Of Payments Program OCT 2011 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7012 Preference For Certain Domestic Commodities JUN 2010 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items and Commercial

Components (DoD Contracts)

SEP 2011

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the final signing of the contract by all parties through contract completion .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $1,000,000.00

(2) Any order for a combination of items in excess of $1,000,000.00 ; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after last date of the last outstanding Task Order.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 365 days from award or the exercise of each option year provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (JAN 2011)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(4) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs

(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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 (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

52.222-49 SERVICE CONTRACT ACT--PLACE OF PERFORMANCE UNKNOWN (MAY 1989)

(a) This contract is subject to the Service Contract Act, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following N/A. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by the N/A.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-- Representation and Certification. (NOV 2011)

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

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

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)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703- 4, by submission of its offer, the offeror--

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies.

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirement of paragraph (c)(2) of this provision do not apply if--

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225- 24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

US. Army Corp of Engineers Contracting Division Room 1843 26 Federal Plaza New York, NY 10278

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor 30 days after acceptance by the Government . This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of provision

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/ http://farsite.hill.af.mil/

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002) ALTERNATE III (MAY 2002)

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

(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.

(4) "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

(5) "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

(6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--

(i) This contract is a construction contract; or

(ii) The supplies being transported are--

(A) Noncommercial items; or

(B) Commercial items that--

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it contracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if…