A.07.23_-_W912DW-16-Q-0065.pdf

(1) Action Code. P

(2) Date. 11 July 2016

(3) Year. 2016

(4) Contracting Office Zip Code. 98134

(5) Classification Code. Z

(6) Contracting Office Address. Contracting Division, Bldg 1202, 4735 East Marginal Way South, Seattle, WA 98134

(7) Subject. Tree Consulting and Assessment Services Lake Washington Ship Canal

(8) Proposed Solicitation Number. W912DW-16-Q-0065

(9) Closing Response Date. 22 July 2016 12:30 PM

(10) Contact Point or Contracting Officer. Sara Edwards 206-764-6070 email:

sara.edwards@usace.army.mil

(11) Contract Award: TBD

(12) Contract Award Dollar Amount. TBD

(13) Contract Line Item Number(s). see attached schedule

(14) Contract Award Date. TBD

(15) Contractor. TBD

(16) Description. Tree Consulting and Assessment Services Lake Washington Ship Canal.

(17) Place of Contract Performance. Lake Washington Ship Canal Seattle, Wa

(18) Set-aside Status. Small Business

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) The solicitation number is W912DW-16-Q-0065. The solicitation is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-83, effective 2 July 2015.

(iv) This requirement is Small Business Set-aside and the associated NAICS code is 561730; the small business size standard is $7.5M.

(v) A list of contract line item number(s) and items, quantities and units of measure, (including options) is provided below.

CLIN Item Qty U/M

0001 Tree Consulting and Advanced Assessment 1 Job

Detailed specifications/requirements are provided within the CLIN schedule and PWS.

(vi) All items are to be awarded to the offeror who provides the lowest priced quote.

(vii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

(viii) Quoters shall include a completed copy of the provision at 52.212-3 Alt 1, Offeror Representations and Certifications -- Commercial Items, with their offer.

(ix) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

(x) The clause at 52.212-5 (Dev), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition

(xi) W912DW-16-Q-0065 contains no additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices.

(xii) Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply to this acquisition.

(xiii) Quotes are due on Friday, July 22, 2016 by 12:30 PM Pacific Time. Mailed quotes shall be accepted before closing at U.S. Army Corps of Engineers, Seattle District, PO Box 3755, Seattle, WA 98124. Physical street address is U.S. Army Corps of Engineers, Seattle District, 4735 E Marginal Way S, Bldg 1202, Seattle, WA 98134. All emailed quotes shall contain the RFQ No. W912DW-16-Q-0065 in the subject line and emailed to the following email address: sara.edwards@usace.army.mil.

(xiv) Sara Edwards is the individual to contact for information regarding this solicitation. Phone number 206-764-6070.

W912DW-16-Q-0065

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Tree Consulting and Advanced Assessment

Contractor shall assess each tree and identify any unsafe conditions to the public and facility staff. Contractor will prepare ten ISA Basic Tree Risk Assessment Forms in addition to implementing Level 3 advanced tree risk assessment techniques and will submit an action plan on each individual tree.

See attached PWS for more information FOB: Destination

PURCHASE REQUEST NUMBER: W68MD961582068

FFP

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 30-SEP-2016 LAKE WASHINGTON SHIP CANAL

3015 NORTHWEST 54TH ST.

SEATTLE WA 98107-4299

FOB: Destination

G3R0W00

INSTRUCTIONS TO VENDORS

INSTRUCTIONS TO OFFERORS

1. REPRESENTATIONS AND CERTIFICATIONS CONTAINED HEREIN MUST BE

COMPLETED BY VENDORS AND RETURNED WITH QUOTE:

IF YOUR REPRESENTATIONS AND CERTIFICATIONS ARE REGISTERED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM) CHECK HERE . IF NOT,

YOU CAN REGISTER ONLINE AT www.sam.gov

2. MARKING OF QUOTE ENVELOPES:

ENVELOPES SHALL BE PLAINLY MARKED AS FOLLOWS:

QUOTE FOR: Tree Consulting Services Lake Washington Ship Canal Project Seattle, WA

REQUEST FOR QUOTE NO.: W912DW-16-Q-0065

CLOSING DATE AND TIME: 22 July 2016, 12:30 P.M. PACIFIC TIME

AMENDMENTS NUMBERED HAVE BEEN RECEIVED

Hand carried quote submittal procedures have changed. When dropping off all hand carried proposals, the official delivery location is now the guard station in the main foyer of Federal Center South, located at 4735 E. Marginal Way South where the official time clock is also located. Notify the guard on duty that you have a quote for Contracting Division. The point of contract will be notified and a representative from Contracting Division will sign in your package(s) and transport them to Contracting Division. Please allow sufficient time for these procedures when submitting hand carried quotes. All other quote submittal procedures remain the same.

3. Faxed quotes shall be accepted before closing at FAX No. 206-764-6817. Attn: Sara Edwards. For Questions please email: sara.edwards@usace.army.mil. Mailed quotes shall be accepted before closing at US Army Corps of Engineers, Seattle District, PO Box 3755 Seattle, WA. 98124. Physical street address is US Army Corps of Engineers, Seattle District, 4735 E Marginal Way S., Seattle, WA. 98134. E-mail address is sara.edwards@usace.army.mil.

4. The contractor receiving an award is required to be registered in the SAM (System for Awards Management)

5. PROSPECTIVE OFFERORS: Contractors are required to be registered in the System for Awards Management (SAM) for awards resulting from solicitations.

This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment.

Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation issued after May 31, 1998.

LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFER INELIGIBLE

FOR AWARD.

The web site may be accessed at www.sam.gov

6. ELECTRONIC FUNDS TRANSFER (EFT): Effective 99 Jun 01, the Government will make all payments by EFT (unless the Government VISA credit card is accepted). The only exceptions are: 1) Foreign Vendors; 2) Government Agencies, and 3) One time payments. The EFT forms and instructions are on the USACE Finance Center (UFC) Web Page; www.fc.usace.army.mil The UFC points of contact for this action are Ms. Nita Clower, 901/874-8542 and Mr. Michael Rye, 901/874-8543.

7. Award shall be made to the Responsive and Responsible Offeror with the Lowest Price.

8. Required Submittals:

a) Instruction Page (3 pages) Paragraph 1 – Indicate if you are registered in ORCA (Online Representations and Certifications.

Paragraph 2 – Must acknowledge any/all amendments to the solicitation.

Paragraph 9 – Must fill in all company information requested with signature and date.

b) Fill in all pricing information located on page 4 of the Bid Schedule.

c) FAR Provision 52.212-3 Alt I OFFEROR REPRESENTATIONS AND CERTIFICATIONS (March 2012) – Must fill in all applicable blanks.

All of these must be filled in and returned in order to be eligible for evaluation.

DO NOT return the rest of the solicitation form

9. The contractor is required to provide the following information with your quote:

Federal Taxpayer’s ID Number:

DUNS Number:

Cage Code Number:

This requires registration in SAM, web site for registration is www.sam.gov

Remit to Address:

Company Name:

Address:

City/State/Zip:

Phone & Fax Numbers:

Point of Contact:

E-Mail Address:

Signature of Offeror/Contractor:_______________________________________

Name and Title of Signer: ___________________________________________

Date Signed: ______________________________________________________.

ANNOUNCEMENT TO BIDDERS/OFFERORS

Due to recent national events Seattle District US Army Corps of Engineers shall be conducting business under heightened security for the foreseeable future.

Access to Federal Center South, 4735 E Marginal Way S, Seattle WA 98124 will be through the front Lobby only.

The building is under Federal Protective Service, which means that persons entering the facility are subject to inspection; including purses, packages, etc. All deliveries shall be thoroughly inspected. In addition, visitors may be required to be escorted by Corps personnel while in the building.

For any questions please contact the Contract Specialist assigned to your project or check our website at www.nws.usace.army.mil for up-to-date information.

PWS

PERFORMANCE WORK STATEMENT (PWS)

Tree Consulting Services at Lake Washington Ship Canal Project

1. GENERAL: This is a non-personal services contract to provide arborist tree consulting and advanced assessment evaluation Services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform hazard tree removal and brush clearing services in a safe manner that will maintain a clean and neat appearance and in such a manner that preserves both the infrastructure and on site vegetation as defined in this performance work statement (PWS), except for those items specified in Section 3 as government-furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: Lake Washington Ship Canal (LWSC) receives approximately 1.5 million visitors each year and is the third most visited tourist attraction in Seattle, WA. Peak visitation is from April to September. The Carl S.

English Jr. Botanical Garden at LWSC has many large, mature trees adjacent to high traffic pedestrian areas. Ten trees require a safety evaluation and inspection by an International Society of Arboriculture (ISA) Board Certified Master Arborist to maintain public safety and conservancy of the trees. Safety to the public and employees and the preservation of the trees is the priority. These specimen trees are of significant historic, botanical, and aesthetic value. The intent is to preserve the character of these trees while mitigating hazards associated with large trees in high traffic areas.

1.3 Objectives: LWSC horticulture section require the services of an ISA Board Certified Master Arborist to perform a two page ISA Basic Tree Risk Assessment Form, Exhibit 3 and provided to LWSC horticulture section and additionally implement Level 3 advanced tree risk assessment techniques on ten specimen trees marked for evaluation. Trees shall be inspected for any and all potential safety hazards that could jeopardize the public.

1.3.1 All tree consulting and advanced assessment shall be completed by a licensed and bonded ISA Board Certified Master Arborist as defined in this performance work statement (PWS). All tree assessments will be on U.S. Army Corps of Engineers property listed on Exhibits 1 and 2 and follow industry standards and specifications ANSI Z133.11 2006 American National Standard for Arboricultural Operations – Safety Requirements and ANSI A300 (parts 1-10) American National Standards Institute. All assessments activities will utilize the least harmful methods to the historic trees, and produce a thorough advanced tree risk assessment.

1.3.2 Tree assessment may require the climbing of trees or use proper equipment for work to be performed at high elevations. Contractor will demonstrate a commitment to safety. Fall protection equipment may be required.

Contractor shall submit a written safety process, safety procedure, or safety plan with the quote following safety guidelines of OSHA standards and U.S. Army Corps of Engineers Safety and Health Requirements Manual EM 358-1-1.

1.4 Scope: Contractor shall assess each tree and identify any unsafe conditions to the public and facility staff.

Contractor will prepare ten ISA Basic Tree Risk Assessment Forms in addition to implementing Level 3 advanced tree risk assessment techniques and will submit an action plan on each individual tree.

1.5 Period of Performance: The period of performance shall begin within one week of contract award no later than 30 August 2016. Actual period of performance time is expected to be five days or less.

1.6 General Information

1.6.3 Recognized Holidays: Tree Consulting Services are not required during the following holidays.

New Year’s Day 1 January Martin Luther King Jr. Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Third Thursday in November Christmas Day 25 December

1.6.4 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 0630 – 1600, Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor shall be responsible to provide an adequate staff to assure fully adequate and timely completion of these services. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the Lake Washington Ship Canal facility located at 3015 NW 54th Street, Seattle, WA 98107-4299.

1.6.6 Type of Contract: The government shall award a Firm-Fixed Price Contract.

1.6.7 Safety Standards: Contractor shall comply with all applicable Occupational Safety and Health Act (OSHA) Standards, as well as the Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, revised November 2014, as amended. Copies of EM 385-1-1 shall be provided to any Contractor by request, or copies may be picked up in person at the LWSC Administrative Office.

1.6.7.1 Public Safety: The areas in which the work is to be performed are highly utilized by the visiting public.

The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where work is being performed.

1.6.8 Security Requirements: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by District Security Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

1.6.8.1 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured and entrance gates locked.

1.6.8.2 Key Control: N/A.

1.6.9 Special Qualifications: The Contractor shall obtain all necessary licenses and/or permits required to perform this work. He/She shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/She shall be responsible for any injury to himself/herself, his/her employee, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her employees’ fault or negligence.

1.6.11 Government Designated Representative (GDR): The GDR monitors all technical aspects of the contract and assists in contract administration The GDR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. The contractor shall be notified who will assume the role of the GDR at the post award conference. The GDR will inform the Contractor of the responsibilities and limitations of the GDR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The GDR is not authorized to change any of the terms and conditions of the resulting order.

1.6.14.2 Protection of Water Resources: The Contractor shall not pollute drainage ditches, ponds, rivers, or lakes with fuels, oils, bitumen, calcium chloride, acids, cleaning solvents or chemicals or other harmful materials.

Disposal of any materials, wastes, effluents, trash, garbage, oil, grease, chemicals, etc., in areas adjacent to drainage ditches, ponds, rivers, or lakes will not be permitted. If contamination occurs the Contractor must contact the GDR.

1.6.14.3 Removal of Materials and Rubbish: The Contractor shall remove from the work sites, all his/her equipment and unused materials provided by him, and any waste materials and rubbish resulting from operations performed. Tree material turned into wood chips may be left at LWSC designated location. The Contractor is responsible for any and all permits and other permissions for consulting and advanced assessment services.

1.6.15 Damages: The Contractor shall be responsible for restoring any Government facilities, structures or equipment damaged as a result of his/her operation. Reasonable care shall be used to avoid damage to structures and equipment in the recreation areas. Any such damage shall be repaired, items replaced or the damages repaired to the original condition at no cost to the Government. If the Contractor does not make such repair or replacement, the cost will be deducted from payments to be made to him/her.

1.6.18 Submission of Invoices: Payment shall be based on work items satisfactorily completed under the specification in the PWS. Separate payments will not be made for the time spent in planning, mobilizing, or performing administrative work. A deduction in the amount to be paid equal to the amount of cost to repair or replace any damages to government facilities, structures or equipment, or trees removed without prior authorization of the GDR per the schedule as outlined in 1.6.15.1 shall be made for items the Contractor has damaged and not restored to their original condition. Payment for services performed will be made as prescribed in DFARS clause 252.232-7003 Electronic Submission of Payment Requests (MAR 2008), Contractors must submit payment requests in electronic form. In addition, an original invoice shall be submitted to the GDR for approval prior to electronic submission. Invoices shall include the contract number, item numbers, and description of work, quantities, unit prices, and total prices.

DEFINITIONS AND ACRONYMS:

CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

CONTRACTING OFFICER: A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.

DELIVERABLE: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

DIAMETER BREAST HEIGHT: A measurement of the diameter of a tree bole approximately four feet above ground level.

GOVERNMENT DESIGNATED REPRESENTATIVE: An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be announced at the post award conference and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

KEY PERSONNEL: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE Surveillance Plan: An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

QUALITY ASSURANCE EVALUATOR: The Government employee designated to evaluate the quality of services produced.

QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

SUBCONTRACTOR: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract.

WORK WEEK: Monday through Friday, unless specified otherwise.

FACILITY: Any Government building, structure, campsite, campsite feature, roadway, trail, equipment, or day use feature.

ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation GDR Government Designated Representative HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAE Quality Assurance Evaluator QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

ATTACHMENT/TECHNICAL EXHIBIT LIST:

Attachment 1/Technical Exhibit 1 – Aerial satellite view of LWSC

Attachment 2/Technical Exhibit 2 – Diagram Map of

Attachment 3/Technical Exhibit 3 – ISA Basic Tree Risk Assessment Form

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-13 Notice of Set-Aside of Orders NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-26 Equal Opportunity APR 2015 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 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)

OCT 2015

252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014).

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

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

REPRESENTATION (NOV 2015).

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

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

(c) Representation. The Offeror represents that--

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

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

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016).

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

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

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

(b) The Offeror represents that--

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

ALTERNATE I (OCT 2014).

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . [Offeror to identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

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