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Project Title: Invitation For Bids (IFB) – FY13 Restoration & Modernization, Fire Suppression in Alert Facility, BMEWS, Thule Air Base, Greenland
Description: This IFB procurement is for the upgrade of an existing and installation of new fire suppression system at Alert Facility, w hich is a building located at the BMEWS site w hich is approximately 10 miles north of the main base. The w ork includes installation of a new fire suppression system for the building. The contractor w ill furnish all supervision, plant, labor, materials, tools, and equipment to do the w ork.
Note: This solicitation and aw ard is restricted in accordance w ith 10 U.S.C. 2304(c)(4) International Agreement, to Danish and Greenlandic f irms ONLY.
On May 1, 2013, A dual bid opening w ill be held simultaneously at the New York District and Copenhagen, Denmark at the follow ing time(s) and location(s): 9:00 a.m. EST 26 Federal Plaza, Room 1841, New York, NY 10278, U.S.A. and 1500 hrs at the Ministry of Foreign Affairs, Asiatisk Plads #2, 1448, Room M5, Copenhagen K, Denmark.
This project is subject to Availability of Funds (FAR 52.232-18)
NAICS Code: 238220 Contract Specialist: MAJ Patrick Schanley; email patrick.m.schanley@usace.army.mil
X
PATRICK M SCHANLEY MAJ 917-790-8172
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
02-Apr-2013
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section 00800
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________2 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________01 May 2013 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
US ARMY CORPS OF ENGINEERS, NEW YORK
26 FEDERAL PLAZA, RM 1843
NEW YORK NY 10278-0090
W912DS
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
212 264-3013FAX:TEL: 212 264-0238 TEL: FAX:
W912DS-13-B-0007 87
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
W912DS-13-B-0007
Section 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lump Sum FY13 Fire Suppression in Alert Facility
FFP
BMEWS, Thule Air Base: All work (includes all plant, labor, and material) for the installation of fire suppression system (Low-Rise Floors 1 thru 2) as described in the plans and specifications except for work included in items below.
FOB: Destination
NET AMT
0002 1 Lump Sum FY13 Fire Suppression in Alert Facility
FFP
BMEWS, Thule Air Base: All work (includes all plant, labor, and material) for the installation of fire suppression system (High-Rise Floors 1 thru 6) as described in the plans and specifications except for work included in items below.
0003 1 Lump Sum FY13 Fire Suppression in Alert Facility
FFP
BMEWS, Thule Air Base: All work (includes all plant, labor, and material) for the cleaning/flushing and leveling of existing sprinkler system.
0004 1 Lump Sum FY13 Fire Suppression in Alert Facility
FFP
BMEWS, Thule Air Base: All work (includes all plant, labor, and material) for the cleaning of existing fire protection holding tank.
0005 1 Lump Sum FY13 Fire Suppression in Alert Facility
FFP
BMEWS, Thule Air Base: All work for the Final Record Drawing Submission (See paragraph 11(i) of Section 00800). See Note 12.
BID AMOUNT MUST BE DANISH KRONER (DKK) in the amount of DKK 107,911
FY13 Fire Suppression in Alert Facility
FFP
BMEWS, Thule Air Base: Transportation: All Government Furnished Transportation From/To Norfolk, Virginia To/From Thule Air Base. See note 14 and 15.
0006AA Metric Ton FY13 Fire Suppression in Alert Facility
FFP
BMEWS, Thule Air Base: All Government Furnished Transportation From Norfolk, Virginia to Thule Air Base.
TONNAGE (VOLUME) _________________________
0006AB Metric Ton FY13 Fire Suppression in Alert Facility
FFP
BMEWS, Thule Air Base: All Government Furnished Transportation from Thule Air Base to Norfolk, Virginia.
0007 1 Metric Ton FY13 Fire Suppression in Alert Facility
FFP
BMEWS, Thule Air Base: Transportation: Furnished From/To Denmark To/From Thule AB.
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0008 100 Meter
OPTION OPTION 1
FFP
FY13 Fire Suppression in Alert Facility BMEWS, Thule Air Base: All work (includes all plant, labor, and material and shipping) for replacement of 1 inch black steel pipe (Sch 40).
Note: Fill out Unit Price (price per item) and Amount section. Example: Quanity X Unit Price = Amount
ESTIMATED
UNIT UNIT PRICE ESTIMATED AMOUNT
0009 100 Meter
OPTION OPTION 2
FFP
FY13 Fire Suppression in Alert Facility BMEWS, Thule Air Base: All work (includes all plant, labor, and material and shipping) for replacement of 1 1/4 inch black steel pipe (Sch 40).
Note: Fill out Unit Price (price per item) and Amount section. Example: Quanity
UNIT UNIT PRICE ESTIMATED AMOUNT
0010 100 Meter
OPTION OPTION 3
FFP
FY13 Fire Suppression in Alert Facility BMEWS, Thule Air Base: All work (includes all plant, labor, and material and shipping) for replacement of 1 1/2 inch black steel pipe (Sch 40).
Note: Fill out Unit Price (price per item) and Amount section. Example: Quanity
UNIT UNIT PRICE ESTIMATED AMOUNT
0011 100 Meter
OPTION OPTION 4
FFP
FY13 Fire Suppression in Alert Facility BMEWS, Thule Air Base: All work (includes all plant, labor, and material and shipping) for replacement of 2 inch black steel pipe (Sch 40).
Note: Fill out Unit Price (price per item) and Amount section. Example: Quanity
UNIT UNIT PRICE ESTIMATED AMOUNT
0012 100 Meter
OPTION OPTION 5
FFP
FY13 Fire Suppression in Alert Facility BMEWS, Thule Air Base: All work (includes all plant, labor, and material and shipping) for replacement of 2 1/2 inch black steel pipe (Sch 40).
Note: Fill out Unit Price (price per item) and Amount section. Example: Quanity
UNIT UNIT PRICE ESTIMATED AMOUNT
0013 100 Meter
OPTION OPTION 6
FFP
FY13 Fire Suppression in Alert Facility BMEWS, Thule Air Base: All work (includes all plant, labor, and material and shipping) for replacement of 3 inch black steel pipe (Sch 40).
Note: Fill out Unit Price (price per item) and Amount section. Example: Quanity
UNIT UNIT PRICE ESTIMATED AMOUNT
0014 100 Meter
OPTION OPTION 7
FFP
FY13 Fire Suppression in Alert Facility BMEWS, Thule Air Base: All work (includes all plant, labor, and material and shipping) for replacement of 3 1/2 inch black steel pipe (Sch 40).
Note: Fill out Unit Price (price per item) and Amount section. Example: Quanity
UNIT UNIT PRICE ESTIMATED AMOUNT
0015 100 Meter
OPTION OPTION 8
FFP
FY13 Fire Suppression in Alert Facility BMEWS, Thule Air Base: All work (includes all plant, labor, and material and shipping) for replacement of 4 inch black steel pipe (Sch 40).
Note: Fill out Unit Price (price per item) and Amount section. Example: Quanity
0016 1 Job
OPTION OPTION 9
FFP
FY13 Fire Suppression in Alert Facility BMEWS, Thule Air Base: All work (includes all plant, labor, and material and shipping) provide and install Nitrogen generation system for charging the pre-action sprinkler system, in lieu of compressed Air.
UNIT UNIT PRICE ESTIMATED AMOUNT
0017 1 Lump Sum
DBA Insurance
FFP
NOTE: DBA Insurance is only required if you employ residents of the United States. See note 17 and Appendix D.
DBA Insurance for CLINs 0001 and 0007: The amount listed by the offeror on this CLIN is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors, multiplied by the applicable rate(s)). The actual amount paid by the government under this CLIN will be based on the amount of the CNA/Rutherford invoice submitted by the offeror after contract award. In the event of recalculation of the premium by CNA based on actual payroll amounts, the Contracting Officer will adjust this CLIN by contract modification to reflect actual premium amounts paid.
If this does not apply, place the number zero under the amount section.
UNIT UNIT PRICE ESTIMATED AMOUNT
0018 1 Lump Sum
OPTION DBA Insurance
FFP
NOTE: DBA Insurance is only required if you employ residents of the United States. See note 17 and Appendix D.
DBA Insurance for CLINs 0008 and 0016: The amount listed by the offeror on this CLIN is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors, multiplied by the applicable rate(s)). The actual amount paid by the government under this CLIN will be based on the amount of the CNA/Rutherford invoice submitted by the offeror after contract award. In the event of recalculation of the premium by CNA based on actual payroll amounts, the Contracting Officer will adjust this CLIN by contract modification to reflect actual premium amounts paid.
If this does not apply, place the number zero under the amount section.
CLIN NOTES
TOTAL BID w/o DBA Insurance
TOTAL BASE BID PRICE (LINE ITEMS 0001- 0007)
TOTAL OPTIONS BID PRICE (LINE ITEMS 0008- 0016)
TOTAL BASE BID plus OPTIONS 1 THRU 9 PRICE (LINE ITEMS 0001- 0016)
TOTAL BID w/ DBA Insurance
TOTAL BASE BID PRICE (LINE ITEMS 0001- 0007)
TOTAL OPTIONS BID PRICE (LINE ITEMS 0008- 0016)
TOTAL BASE BID plus OPTIONS 1 THRU 9 PRICE (LINE ITEMS 0001- 0018)
DBA Insurance
A. CLIN 0017 - DBA insurace is only required if you employ residents of the United States CLINS 0001 through 0007
B. CLIN 0018 - DBA insurace is only required if you employ residents of the United States CLINS 0008 through 0016
*Note: The estimated DBA Insurance quaoted above will not be used to evaluate the lowest price.
NOTES:
1. All goods must be wrapped accordingly. It should be protected to withstand handling as well as storage and transportation by sea. Due to packing in containers, in warehouse and on ship every package must be able to withstand a pressure from above of at least it's own weight. If you have any questions please contact Royal Arctic Line Helle Christensen by phone: 99 30 32 26 or by e-mail: hch@ral.dk.
2. “Transportation from Denmark” means that the U.S. Embassy will provide a ship from Denmark to Thule AB,GL; however, it is not free. The Contractor shall reimburse the U.S. Embassy in Denmark the actual carrier cost for the transportation. This is not considered Government Furnished Transportation.
3. Bids must be in Danish Kroners.
4. Construction Award will not include Government Furnished Transportation.
5. Contractors not utilizing Government Furnished Transportation shall include shipping costs in their Base Bid Items, as applicable. In such cases, the applicable transportation price schedule should be marked
“NOT APPLICABLE”.
6. All pallets and containers used for the transportation of contractor’s cargo from Denmark shall be the contractor’s responsibility and the contractor’s expense.
7. The Contractor shall be billed for all quantities over the amount stated in the bid items for Government Furnished Transportation or shall ship at his own expense through private carrier all items over the amounts stated in the bid items.
8. The Basis of evaluation will be the lowest responsive/responsible bidder calculated based on the sum of ABSOLUTE VALUES of each of the CLINs (sum of CLIN 0001 thru 0016).
9. The minimum construction award will be the amount bid for the Base Bid Items.
10. Bidders are required to bid on the Base Bid and all Optional Bid Items or their bids will be rejected.
11. Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidder himself thereto may render the bid non-responsive and be cause for its rejection.
12. Line Item Number 0005 is pre-priced at DKK 107,911 ($20,000), it’s a firm fixed line item, and the price shown may not be changed, see paragraph 11(i) of Section 00800.
13. Bid Acceptance Period: Bidders Bids are to be valid for 120 calendar days for bid acceptance from the Bid Opening.
14. CLIN 0006 includes non monetary estimates of anticipated volume being shipped using government provided sealift. Since the sealift is free to use by the contractors the port needs to know the anticipated volume of goods being shipped so that adequate space is reserved on the vessel being chartered.
15. CLIN 0006 will be used in the evaluation of proposals but will not be included as part of the award amount. The contractors are required to price this line item, if there are no materials being shipped from US, $0.00 should be entered, refer to Appendix F for rates.
16. Options 1 thru 9: At any time prior to 120 calendar days after award of the contract, the Government at its option, may direct the Contractor, by written order, to perform the work and/or services provided under these Options. Execution of any of the options will not alter the project completion date of the contract.
17. Items A and B only applies if you employ residents of the United States. See Paragraph 76 of 00800 section and Appendix D for further explanation. NOTE: If this does not apply to your Company, place the number zero under the amount section.
Section 00100 - Bidding Schedule/Instructions to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.217-4 Evaluation Of Options Exercised At The Time Of Contract
Award
JUN 1988
52.217-5 Evaluation Of Options JUL 1990
CLAUSES INCORPORATED BY FULL TEXT
52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)
In compliance with the solicitation, the bidder agrees, if this bid is accepted within 120 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.
(End of clause)
52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS
(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:
(1) Obviously misplaced decimal points will be corrected;
(2) Discrepancy between unit price and extended price, the unit price will govern;
(3) Apparent errors in extension of unit prices will be corrected;
(4) Apparent errors in addition of lump-sum and extended prices will be corrected.
(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.
(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.
(End of statement)
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of provision)
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 http://www.arnet.gov http://www.dtic.mil.dfars
(End of provision
Section 00600 - Representations & Certifications
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification
AUG 2009
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
DEC 2012
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
___ TIN:.--------------------------------------------------------
___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
___ Offeror is an agency or instrumentality of a foreign government;
___ Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
___ Sole proprietorship;
___ Partnership;
___ Corporate entity (not tax-exempt);
___ Corporate entity (tax-exempt);
___ Government entity (Federal, State, or local);
___ Foreign government;
___ International organization per 26 CFR 1.6049-4;
___ Other--------------------------------------------------------
(f) Common parent.
___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
___ Name and TIN of common parent:
Name-------------------------------------------------------------------
TIN--------------------------------------------------------------------
52.204-99 System for Award Management Registration (August 2012) (DEVIATION)
(a) Definitions. As used in this clause-
"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.
"Commercial and Government Entity (CAGE) code" means-
(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
"Registered in the SAM database" means that-
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;
(2) The Contractor's CAGE code is in the SAM database; and
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process.
"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-
(1) Data collected from prospective federal awardees required for the conduct of business with the Government;
(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and
(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office.
(b)
(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.
(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.
(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) A contractor may obtain a DUNS number-
(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The Contractor should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) Reserved.
(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(g)
(1)
(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-
(A) Change the name in the SAM database;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.
Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.
(End of Clause)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and
(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).
52.214-16 MINIMUM BID ACCEPTANCE PERIOD (APR 1984)
(a) "Acceptance period," as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of bids.
(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.
(c) The Government requires a minimum acceptance period of 120 calendar days.
(d) In the space provided immediately below, bidders may specify a longer acceptance period than the Government's minimum requirement.
The bidder allows the following acceptance period: _______ calendar days.
(e) A bid allowing less than the Government's minimum acceptance period will be rejected.
(f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above.
252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST
COUNTRY (JAN 2009)
(a) "Definitions."
As used in this provision --
(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.
(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria.
(3) "Significant interest" means --
(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner;
(ii) Holding a management position in the firm, such as a director or officer;
(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;
(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or
(v) Holding 50 percent or more of the indebtness of a firm.
(b) "Prohibition on award."
In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.
(c) "Disclosure."
If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary.
The disclosure shall include --
(1) Identification of each government holding a significant interest; and
(2) A description of the significant interest held by each government.
Section 00700 - Contract Clauses
52.228-15
52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)
(a) Definitions. As used in this clause--
Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 15 percent of the original contract price.
(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 15 percent of the original contract price.
(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.
(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.
(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.
(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.
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 52.203-7 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
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-6 Data Universal Numbering System Number DEC 2012 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
AUG 2012
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
DEC 2010
52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -
Modifications - Sealed Bidding
AUG 2011
52.214-28 Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding
OCT 2010
52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.214-34 Submission Of Offers In The English Language APR 1991 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-29 Notification Of Visa Denial JUN 2003 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-14 Irrevocable Letter of Credit DEC 1999 52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2010 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor
Registration
OCT 2003
52.232-34 Payment By Electronic Funds Transfer--Other Than Central Contractor Registration
MAY 1999
52.232-38 Submission of Electronic Funds Transfer Information with Offer
MAY 1999
52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation,…
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