A.07.23_-_Solicitation_W912DW18Q0101_MMD_Spillway_Maintenance.pdf
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Solicitation - Mud Mountain Dam Spillway Maintenance
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MUD MOUNTAIN & HOWARD HANSON
30525 SE MUD MTN ROAD
ENUMCLAW WA 98022-8010
TEL: FAX:
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER) 1
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED RATING
W912DW18Q0101 12-Sep-2018 5a. ISSUED BY
8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this
Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State, and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e) (f)
SEE SCHEDULE
AMOUNT
% No. %
NOTE: Additional provisions and representations [ ] are [ ] are not attached.
13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION
16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)
TELEPHONE NO.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)
PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)
THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE
6. DELIVER BY (Date)
SEE SCHEDULE
AND/OR DMS REG. 1
UNDER BDSA REG. 2
4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE
REQUEST NO.
USA ENGINEER DISTRICT, SEATTLE
ATTN: CENWS-CT
4735 EAST MARGINAL WAY SOUTH, BLDG. 1202
SEATTLE WA 98134-2388
9. DESTINATION (Consignee and address, including ZIP Code)
7. DELIVERY
[ ]X FOB
DESTINATION
[ ] OTHER
(See Schedule)
21-Sep-2018(Date)
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.
206-316 -3877DARRELL D HUTCHENS
(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:
d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS
W912DW18Q0101
Section A - Solicitation/Contract Form
INSTRUCTIONS TO OFFERORS
1. Quotes shall only be submitted by email. Include in subject line: “W912DW18Q0101 – Mud Mountain Dam Spillway Maintenance.” Send all quotes to email address darrell.d.hutchens@usace.army.mil. Quotes shall be accepted before closing on 21 September 2018 at 10:00 am Pacific Time.
2. Faxed quotes will NOT be accepted.
3. This solicitation is 100% Set-Aside for Small Business concerns. The applicable North American Classification System (NAICS) code for this acquisition is 237990.
4. Required Submittals:
a. Signed and dated Standard Form 18 (Request for Quote).
b. Signed and dated Statndard Form 30, if applicable, for any amendments to the solicitation.
c. Completed pricing information for all line items listed in the solicitation.
d. All quoted items must meet the requirements of the Request for Quote (RFQ) including specifications stated in all attachments.
e. Information sheet as listed in item #12.
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.
5. The contractor should list any special features or warranty information applicable to the quoted product(s).
6. Award will be made to the lowest priced, responsible quoter whose quote conforms to the requirement of the solicitation.
7. The magnitude of construction is between $25,000 and $100,000.
8. Davis Bacon Wage Determination: Use WA 36 which is attached to this solicitation.
9. Pre-Bid Site Visit - refer to FAR Clause 52.236-27 -- Site Visit (Construction).
10. Payment Protection – refer to FAR Clause 52.228-13 -- Alternative Payment Protection.
11. Award of Options - The Government may award any of the Option Item(s), or none at all, but any Option Item(s) will be awarded not later than 25 days after the date of issuance of the Notice to Proceed for the Base Item(s).
For any Option Items awarded prior to the issuance of Notice to Proceed for the Base Item(s), the total duration of this contract including base and option items shall not be extended. If any Option Items are awarded after the date of issuance of Notice to Proceed for the Base Item(s), the time for completion of all Base and Option Item(s) under this contract shall be 60 days after the issuance of Notice to
Proceed for the Base Item(s).
12. 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:
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Remove Vegetation from Spillway Joints
Running East and West
Contractor shall remove all vegetation from the spillway joints oriented in the East and West direction. The root systems shall be completely removed in accordance with the statement of work. Image 1 identifies the spillway joints being discussed.
FOB: Destination
FFP
NET AMT
0002 1 Job Resealing Spillway Joints Running
East and West
Contractor shall completely remove the old Sikaflex product currently installed in the joints oriented in the East and West direction in accordance with the statement of work. Image 1 identifies the spillway joints being discussed.
Contractor shall reseal the joints with Sikaflex 2C NS TG or and equivalent sealant product that meets the following characteristics:
• Minimum Peel Strength of 25 lb on concrete substrate per ASTM C-794
• Service Range temperature between -20o F and 150o F
• Minimum Tensile Stress of 200 psi
• Excellent resistant to weathering
• Minimum Shore A Hardness of 40
The application of the sealant material must be performed in accordance with that manufacturer’s specifications. Preparation of the surface areas that will receive the sealant material is part of the application process.
Contractor shall infill the joint from the metal water seal to the top of the concrete slab, approximately 6 inches in depth. Contractor shall make the sealant flush with the adjacent concrete slabs. The width of the joints varies from 1 to 2 inches.
Images 4-6 display Asbuilts of the spillway.
0003 1 Job OPTION Remove Vegetation from Spillway Joints
Running North and South
Contractor shall remove all vegetation from the spillway joints oriented in the North and South direction. The root systems shall be completely removed in accordance with the statement of work. Image 2 identifies the spillway joints being discussed.
0004 1 Job OPTION Resealing Spillway Joints Running North and South
Contractor shall completely remove the old Sikaflex product currently installed in the joints oriented in the North and South direction in accordance with the statement of work. Image 2 identifies the spillway joints being discussed.
Contractor shall reseal the joints with Sikaflex 2C NS TG or and equivalent sealant product that meets the following characteristics:
• Minimum Peel Strength of 25 lb on concrete substrate per ASTM C-794
• Service Range temperature between -20o F and 150o F
• Minimum Tensile Stress of 200 psi
• Excellent resistant to weathering
• Minimum Shore A Hardness of 40
The application of the sealant material must be performed in accordance with that manufacturer’s specifications. Preparation of the surface areas that will receive the sealant material is part of the application process.
Contractor shall infill the joint from the metal water seal to the top of the concrete slab, approximately 6 inches in depth. Contractor shall make the sealant flush with the adjacent concrete slabs. The width of the joints varies from 1 to 2 inches.
Attachment 1 displays Asbuilts of the spillway.
0005 1 Job OPTION Remove Moss Vegetation from the Side
Slope of the Spillway
Contractor shall remove moss and other vegetation growing on the side slopes of the Spillway in accordance with the statement of work. Image 3 identifies the areas being discussed.
Section C - Descriptions and Specifications
STATEMENT OF WORK
1. DESCRIPTION OF WORK: Provide all plant, labor, tools, equipment, and materials and perform all work in strict accordance with this Statement of Work, all Federal, State and Local codes and regulations and all applicable industry standards to:
To perform maintenance activities on Mud Mountain Dam’s Spillway. The maintenance activities will include moss removal, vegetation removal, and joint resealing.
The word “Provide” shall be defined as DESIGN, FURNISH, INSTALL, TEST and MAKE READY FOR
USE.
2. GENERAL REQUIRMENTS FOR ALL WORK:
2.1. Work performed under this Statement of Work (SOW) shall be planned and accomplished in a way to minimize any interferences and inconveniences to the government.
2.2. One year warranty against any defects in material or workmanship.
2.3. All work performed shall comply with current edition of the U.S. Army Corps of Engineers Safety and Health Manual, EM 385-1-1.
2.4. Prior to start of work, Government Approval is required for the Accident Prevention Plan, Work
Plan, Work Schedule, and type of joint sealant product used.
2.5. Contractor must remove all generated debris and dispose of it offsite. Contractor shall take necessary precautions to ensure that no debris ends up in the river.
2.6. Chemical removal of moss, vegetation, and sealant is not allowed.
2.7. Methods used to remove moss, vegetation, and sealant must not damage the spillway concrete.
2.8. Contractors must ware proper fall protection when working on the side slopes of the Spillway or the lower portion of the Spillway. Anchoring method utilized for fall protection must not damage the spillway concrete.
2.9. Contractor must arrange for a representative of the sealant manufacturer/supplier to be onsite during the first day joint sealing is performed.
3. PRINCIPAL ITEMS TO BE ACCOMPLISHED ARE:
3.1. Base Bid Item 0001 – Remove Vegetation from Spillway Joints Running East and West
General items of work to be accomplished in Item 0001
3.1.1. Contractor shall remove all vegetation from the spillway joints oriented in the East and West direction. The root systems shall be completely removed. Image 1 identifies the spillway joints being discussed.
3.2. Base Bid Item 0002 – Resealing Spillway Joints Running East and West General items of work to be accomplished in Item 0002
3.2.1. Contractor shall completely remove the old Sikaflex product currently installed in the joints oriented in the East and West direction. Image 1 identifies the spillway joints being discussed.
3.2.2. Contractor shall reseal the joints with an ASTM C920, Grade NS, Class 25, intended for Use I and Use O joint sealer. The joint sealer shall also meet the following:
Minimum Peel Strength of 25 lb on concrete substrate per ASTM C-794 Service Range temperature between -20o F and 150o F Minimum Tensile Stress of 200 psi Excellent resistant to weathering Minimum Shore A Hardness of 40
3.2.3. The application of the sealant material must be performed in accordance with that manufacturer’s specifications. Preparation of the surface areas that will receive the sealant material is part of the application process. Installation of a backer rod or other requirements specified by the manufacturer of the sealer are part of the application process.
3.2.4. Contractor shall make the sealant flush with the adjacent concrete slabs. The width of the joints varies from 1 to 2 inches. Images 4-6 display Asbuilts of the spillway.
3.3. Option Bid Item 0003 – Remove Vegetation from Spillway Joints Running North and South General items of work to be accomplished in Item 0003
3.3.1. Contractor shall remove all vegetation from the spillway joints oriented in the North and South direction. The root systems shall be completely removed. Image 2 identifies the spillway joints being discussed.
3.4. Option Bid Item 0004 – Resealing Spillway Joints Running North and South General items of work to be accomplished in Item 0004
3.4.1. Contractor shall completely remove the old Sikaflex product currently installed in the joints oriented in the North and South direction. Image 2 identifies the spillway joints being discussed.
3.4.2. Contractor shall reseal the joints with an ASTM C920, Grade NS, Class 25, intended for Use I and Use O joint sealer. The joint sealer shall also meet the following:
Minimum Peel Strength of 25 lb on concrete substrate per ASTM C-794 Service Range temperature between -20o F and 150o F Minimum Tensile Stress of 200 psi Excellent resistant to weathering Minimum Shore A Hardness of 40
3.4.3. The application of the sealant material must be performed in accordance with that manufacturer’s specifications. Preparation of the surface areas that will receive the sealant material is part of the application process. Installation of a backer rod or other requirements specified by the manufacturer of the sealer are part of the application process.
3.4.4. Contractor shall make the sealant flush with the adjacent concrete slabs. The width of the joints varies from 1 to 2 inches. Attachment 1 displays Asbuilts of the spillway.
3.5. Option Bid Item 0005 – Remove Moss Vegetation from the Side Slopes of the Spillway General items of work to be accomplished in Item 0005
3.5.1. Contractor shall remove moss and other vegetation growing on the side slopes of the Spillway.
Image 3 identifies the areas being discussed.
4. ATTACHMENTS:
Attachment 1: Spillway Maintenance Images
5. SPECIFICATIONS: The following specifications are pertinent to this project.
SpecificationTitle UFGS 02 41 00 Demolition and Deconstruction UFGS-07 92 00 Joint Sealants
6. CONDITIONS AFFECTING WORK
6.1. Work Coordination:
6.1.1. The Contractor shall attend a pre-work meeting prior to commencing work activities. The
Contractor shall contact the Project Manager within five (5) days of issuance of the Notice to Proceed to establish a date and time for the pre-work meeting. The Contractor shall submit a proposed site-specific Work Schedule, a proposed site-specific Work Plan, and a site-specific Accident Prevention Plan for government approval prior to the start of work. The schedule shall be in sufficient detail to identify all aspects of the work including any special circumstances or conditions. The schedule shall show project tasks with durations and start and finish times. The contractor must present the schedule during the pre-work meeting.
6.1.2. During performance of this work, biweekly coordination meetings are required. The Contractor’s Superintendent shall schedule the biweekly coordination meeting with the work Representative (QA) and the Dam Equipment Mechanic Supervisor. The Contractor will keep minutes of all meetings, and will provide copies of such minutes to the Government within 2 days following the meeting.
6.2. Interface with Others:
6.2.1. Government use of these facilities is anticipated while the work under this contract is being performed. In addition, other contractors will be onsite executing other contracts. Work under this SOW shall be planned and accomplished in a way to minimize any interferences and inconveniences to the government. The Contractor is responsible for daily cleanup of all work areas.
6.3. Work Restrictions:
6.3.1. Working Hours: The Contractor is required to work within the hours of 0700-1630, Monday through Friday. Any requests to work outside of these hours require a seven (7) working days written notification to the Project Manager and the Operations Project Manager (OPM). Work will not be performed during Federal Holidays.
6.3.2. Laws, Rules, Regulations and Compliance: All Contractor and subcontractor employees shall observe and comply with all applicable local, State and Federal laws, rules and regulations, including those concerning fire, safety, sanitation, security, vehicle operation, and hazardous material handling while performing this contract. All work shall meet or exceed applicable industry standards related to materials and workmanship. The Contractor shall be responsible for obtaining any permits, approvals or licenses required to perform the work.
6.3.3. Safety Requirements: The current edition of the U.S. Army Corps of Engineers Safety and
Health Manual, EM 385-1-1 (30 Nov 2014), shall be considered a part of this contract and will be enforced as such. The most recent Safety Manual can be found here:
http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.aspx
6.3.4. The OPM, PM, and Construction Representative shall be notified immediately of any deviations or variations from the applicable Specification or Reference Drawings or this Statement of Work.
6.3.5. Contractor shall provide all utilities required to support work efforts not being provided by the Government as stated in Section 8 below.
6.4. Security:
6.4.1. 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 installation Provost Marshal 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.
6.4.2. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
6.4.3. 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.
7. FACILITIES:
7.1. The Government will make available to the contractor, from existing outlets and supplies, reasonable amounts of potable water without charge. The contractor shall reasonably conserve potable water furnished. The Contractor at their own expense shall install and maintain necessary temporary connections and distribution lines and shall remove the connections and lines prior to final acceptance.
7.2. Subject to available supply, reasonable amounts of electric current will be made available by the Government, without charge, to the contractor for performing work at work area. The contractor shall carefully conserve electricity furnished.
7.3. The contractor will have access to bathroom facilities located in MMD Park.
7.4. If requested, a staging area may be provided for the Contractor.
7.5. In addition to the requirements of any other contract clauses, the Contractor shall protect all Government property within the work area, and shall be responsible for any damage to Government property caused by Contractor or subcontractor personnel during the performance of this contract.
8. SUBMITTALS:
8.1. The following submittals will be kept on the job site; if a job trailer is not available they will be kept on site in the superintendent’s vehicle: Accident Prevention Plan, and the Work Plan/Quality Control
Plan. The Accident Prevention at a minimum shall contain the following documentation: equipment safety checklists (initial & dailies), required training records, Activity Hazard Analyses, safety meetings, crane inspections & crane operator qualifications (if required), and the qualifications of the
SSHO.
8.2. All items listed below are required per the contract specification to be submitted for review or approval as indicated. Any proposal deviations to the design shall be submitted for approval prior to start of work.
Activity Submittal
Project Schedule (Government Approval prior to work start).
Schedule
Accident Prevention Plan (Government Approval prior to work start)
Hazard analysis.
Site specific safety plan.
Work Plan (Government Approval prior to work start)
Identification of definable features of work.
Methods of performance
Product specifications (Government Approval prior to work start)
Cut Sheets for sealant product
8.3. All submittals, must be sent to the Contracting Officer, PM, and OPM of this project via email.
9. CONTRACT COMPLETION REQUIREMENTS: The Contractor shall provide the items indicated below to the Contracting Officer, PM, and OPM prior to contract completion:
CONTRACT COMPLETION REQUIREMENT YES NO
Redlines / As-builts
O & M Manuals
9.1. Warranty: In addition to the standard one year warranty, the Contractor shall pass all manufacturers’ extended warranties to the Government.
10. PERFORMANCE PERIOD:
10.1. The Contractor is required to commence work under this contract within ten (10) calendar days after the date of issuance of the Notice to Proceed (NTP) for the Base Item(s), prosecute the work diligently, and complete all work on all Base Item(s) no later than 30 calendar days after the date of issuance of the Notice to Proceed for the Base Item(s). The time stated for completion includes final cleanup of the premises and submission of all required close-out documentation.
11. POINTS OF CONTACT:
Points of contact for the work will be provided upon award.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 28-SEP-2018 TO
29-OCT-2018
N/A MUD MOUNTAIN & HOWARD HANSON
30525 SE MUD MTN ROAD
ENUMCLAW WA 98022-8010
G3R0M00
0002 POP 28-SEP-2018 TO
29-OCT-2018
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 28-SEP-2018 TO
28-NOV-2018
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 28-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 28-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 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
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-13 Notice of Set-Aside of Orders NOV 2011 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-10 Notice of Buy American Requirement--Construction Materials
MAY 2014
52.228-2 Additional Bond Security OCT 1997 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017
52.232-33 Payment by Electronic Funds Transfer--System for Award Management
JUL 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-17 Layout of Work APR 1984 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
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
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 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
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $36,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
(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) Commercial 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 and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (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)
52.204-20 Predecessor of Offeror (JUL 2016)
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) Commercial 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 and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
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.
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 Days. The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL
ITEMS) (JAN 2018).
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(ii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
(iii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(iv) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
(v) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(vi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (APR 1984).
(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).
(iii) 52.232-11, Extras (APR 1984).
(iv) 52.232-25, Prompt Payment (JAN 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).
(vii) 52.233-1, Disputes (MAY 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (NOV 2017).
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).
(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).
(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).
(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).
(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))
(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).
(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program (FEMP) will be--
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).
(xv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
(xvi) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;
or contracts for construction of buildings or facilities.
(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).
(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.
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