RFQ_W912DY-19-R-0186.pdf

SEE ADDENDUM

(No Collect Calls)

W912DY19R0186 24-Sep-2019

b. TELEPHONE NUMBER

256-895-1911

8. OFFER DUE DATE/LOCAL TIME

05:00 PM 28 Sep 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DY9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LA TANDRA JONES

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY ENGINEERING & SUPPORT CENTER

475 QUALITY CIRCLE

HUNTSVILLE AL 35806

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W912DY 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SEE SCHEDULE

NONE

475 QUALITY CIRCLE

HUNTSVILLE AL 35806

TEL: 256-895-1110 FAX:

FAX:

TEL: 256-895-1110 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

561730

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF44

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912DY19R0186

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS FOR CONTRACTORS

INSTRUCTIONS FOR CONTRACTORS

The Government intends to award a purchase order in accordance with FAR Part 13 to provide landscaping services for the Kimbrough Ambulatory Care Center Campus grounds including all plants in the beds of Bldg. 2480 main entrance, the rear side of bldg. 2480, and adjacent to Bldg.

2481. The perimeter edge of all sidewalks, drains, concrete structures sunken at grade should be addressed during the services. The Government intends to award this task order without further exchanges with Contractors. Therefore, Contractors are highly encouraged to submit their best technical and pricing quotes. However, the Government reserves the right to communicate with any or all Contractors submitting a quote if clarifications are needed and determined to be advantageous to the Government. A Contractor may be eliminated from consideration without further communication if its quote is not one of those quotes considered most advantageous to the Government based on a lowest price technically acceptable determination.

The Evaluation Factors listed are as follows:

1. Technical Approach

2. Price

AVAILABILITY OF FUNDS: The Government's obligation is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for a contract award. As such, no contract will be awarded until funds are made available.

1) QUESTIONS

a. Questions for this Request for Quote (RFP) are due in writing 28 SEP 2019 at 8:00 AM

Central Time via ProjNet (https://www.projnet.org). (ProjNet Instructions – Attachment 3)

b. Bidder Inquiry Key: KAUA68-63CEJC

2) INSTRUCTIONS TO CONTRACTORS

a) Your firm’s quote shall be submitted in electronic format (.pdf or Microsoft Office Suite, as applicable) NLT 5:00 PM Central Time, Saturday, 28 September 2019, via email to Latandra.S.Jones@usace.army.mil and Paul.C.Daugherty@usace.army.mil.

b) Your quote must consist of following volumes:

i) Volume I—Technical Approach (Must be .PDF)

ii) Volume II—Price, Attachment 1

iii) Volume III—Administrative Data

c) Title the files in the following format:

(1) W912DY-19-R-0186_Company Name_Technical Approach

(2) W912DY-19-R-0186_Company Name_Price

(3) W912DY-19-R-0186_Company Name_Administrative Data

(d) Interested firms are required to submit a firm-fixed price (FFP) quote, inclusive of base year and option periods, to provide Landscaping Services for Fort Meade, as defined in the PWS:

1. Base Performance Period – 12 months, 29 September 2019 through 28 September 2020.

2. Optional Performance Period 1 - 12 months, 29 Septmeber 2020 through 28 September

2021.

3. Optional Performance Period 2 - 12 months, 29 September 2021 through 28 September

2022.

4. Optional Performance Period 3 - 12 months, 29 September 2022 through 28 September

2023.

5. Optional Performance Period 4 - 12 months, 29 September 2023 through 28 Septmeber

2024.

6. Six-Month Extension Period - 6 months, 29 Septemeber 2024 through 28 March 2025.

e) The Government is under no obligation to exercise an option. The Contractor’s quote will be valid for 60 days from the date of submission.

f) The Contractor is required to submit Contractor Manpower Reporting (CMR) data, CLINs 0005, (Attachment 1 Pricing Worksheet) on a Semi-Annual basis as applicable to this purchase order/contract. The Contractor must ensure that the costs associated with this requirement are incorporated into their quote and Not Separately Priced (NSP). A NSP CLIN will be included in the awarded task order to meet regulatory requirements.

3. QUOTE SUBMISSION

a. Contractors shall include the Technical Approach Narrative, the Government provided workbook and required supporting documentation. Quote documentation should be prepared to demonstrate that your firm has a complete understanding of the requirement.

The Government provided workbook and required documentations are as follows:

(1) Volume I—Technical Approach Narrative – Technical Approach shall not exceed 10 single sided pages. Adobe PDF format is required.

(2) Volume II—Price and Rates. Pricing workbook must be provided in Microsoft Excel. Contractors shall provide one locked and one unlocked copy of the pricing worksheet. Adobe PDF format is not acceptable.

(3) Volume III—Administrative Data (RFP Signature page, and Teaming Arrangement). If you have a teaming arrangement or joint ventures with subcontractor(s), you must identify the roles and responsibilities of the subcontractor/joint venture and address how the team will work together. Adobe PDF format is required

A cover page should be provided with each volume. Cover pages will not be counted towards the page count. Quotes from Contractors that fail to provide the required information will be deemed non-compliant and will be disqualified.

Your firm should prepare your quote on the presumption that the Government has no previous knowledge of the Contractor's capabilities. Quotes will be evaluated only on the information presented in submittals. Quotes will not be returned but will be retained by the Government for official record purposes.

(1) Formatting. The Government provided workbook is not formatted in the described format below. Do not change the workbook formatting or font. Use 8 ½ x 11-inch format using Times New Roman 12 point, single space for Volume I – Technical Approach and Volume III—Administrative Data and Teaming Arrangement. Also, use the following page setup parameters:

(2) Margins: Top, Bottom, Left, Right – 1”

(3) Header, Footer – 0.5”

Separate each paragraph by at least one blank line. Headers and footers font size must be 12 point. The use of hyperlinks in Quotes is prohibited. Pages that exceed the allowed page count will be removed from the end of the quote volume and will not evaluated.

c. Contractors must submit the following with their Quote:

(1) Cover page must include the reference number (W912DY-19-R-0186), firm's name and address, business size, CAGE code and NAIC's code that is associated with the Contractor’s authorized Contract, DUNS number, team members and a point of contact for all correspondence related to the Quote (including a phone number and email address). Cover pages will not be counted toward the maximum allowed page count.

(2) Your submission should clearly state any assumptions, clarifications, or exceptions that may influence the cost of meeting the requirements outlined in the PWS. If there are no assumptions, Contractor should state that “There are no assumptions, clarifications, or exceptions that may influence the cost of meeting the requirements outlined in the PWS.” All submitted information will be protected as Procurement Sensitive.

(3) Contractors are required to complete and sign a copy of the acknowledgement page of the RFQ and all RFQ amendment(s), indicating agreement to the provisions and clauses therein. Contractors are also required to acknowledge amendments, if any.

(4) Contractors must be registered in the System for Award Management (SAM) database with its DUNS Number and CAGE code. To complete SAM registration, go to the SAM website at https://www.sam.gov. If assistance is needed with SAM registration, contact either the SAM Helpdesk (1-888-606-8220) or use website assistance at https://www.fsd.gov. The SAM database consolidates the functionality of the following systems: (a) Central Contractor Registry (CCR), (b) Federal Agency Registration (Fedreg), (c) Online Representations and Certifications Application, and

(d) Excluded Parties List System (EPLS).

(5) Contractors shall affirmatively state that the offer including pricing will be valid for 60 days from the date or quote submission.

4. EVALUATION CRITERIA/FACTORS

The Government will conduct evaluations in accordance with FAR subpart 8.4. The Government intends to evaluate quotes and award a contract without exchanges with the Contractor, unless needed.

The Government will evaluate all aspects of the price quote for fairness and reasonableness.

The Government may determine that a quote is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost and/or price analysis techniques. A quote may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

The evaluation factors are as follows:

1. Factor 1, Technical Approach

2. Factor 2, Price

a. Factor 1—Technical Approach

The technical approach narrative will be evaluated for technical feasibility and thoroughness and adherence to the requirements of the Performance Work Statement), and to assess the Contractor’s understanding of the work. Sufficient details should be provided to allow the government to assess the nature and quality of services being proposed. Specifically, the technical proposal shall address the following elements:

2. Performance Plan – The Contractor shall provide in narrative form its technical approach to meet the PWS requirements. The Contractor shall include:

b. A narrative explanation of how the Contractor intends to perform maintenance and landscaping activities.

c. A narrative explanation of how the Contractor intends to assure quality control.

Contractors should describe the quality control approach, corporate systems, and capabilities to maintain quality control.

d. A narrative explanation of how the Contractor intends to assure safe performance.

Contractors should describe the safety approach, corporate systems, and capabilities to maintain safe working environments.

The adjectival rating scale to be applied for Factor I, Technical, will be used to determine whether the Contractor’s proposal meets the requirements of the RFP. Proposals must receive a technical rating of acceptable to be eligible for award. See Table 1 below for descriptions of the adjectival ratings.

The Government will evaluate Factor I using the following adjectival ratings:

b. Factor 2—Price and Rates, Attachment 1

The Contractor must provide a firm-fixed-price proposal.

The price proposal must be provided in the attached Microsoft Excel workbook.

Contractors are responsible for verifying the accuracy of the formulas in the workbook.

If a Contractor discovers any formula errors within the Workbook, it is requested to notify the Contracting Specialist and Contracting Officer as soon as possible. Any formula changes made to the Pricing Workbook must be explained by inserting a note on the appropriate worksheet within the Workbook. . The format should remain unchanged, size (11x17) and margins should be .25 on all sides.

The Contractor must complete each worksheet of the pricing workbook. Pricing should reflect fully burdened rates including Overhead, G&A, Profit, Escalation, and Other Prime Contractor Markups embedded in the fully burdened rates.

Adjective Description

Acceptable Proposal meets requirements and indicates an adequate Approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Unacceptable Proposal does not meet the requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is not awardable.

(1) Direct Labor: The Contractor must propose labor rates for all direct labor categories. This rate represents work completed in the United States, its possessions, and territories.

(2) Travel: Information regarding travel can be found in the PWS.

5. BASIS OF AWARD

The Government intends to award a contract resulting from this solicitation to the responsible Contractor whose proposal represents the lowest price after being evaluated as technically acceptable in accordance with the PWS. In accordance with FAR 2.101, “Best value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement. Best value is expected to result from the selection of the technically acceptable proposal with the lowest evaluated price. The Government reserves the right to make a selection based upon initial proposal submission without exchanges. The Government also reserves the right to make no award.

6. ADMINISTRATIVE

a. Wage Determinations: Wage Determinations for the geographic area where the awarded work is to be performed will be incorporated by reference (see Attachment 2). A copy of the decision/determination is available at https://beta.sam.gov/search?index=wd. The labor rates in effect at the time this Purchase Order is awarded will remain in effect through completion of the project, unless modified due to an increase in the Department of Labor rates.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Landscaping Installation

FFP

The contractor shall perform all work in accordance with the attached Performance Work Statement(PWS).

FOB: Destination

NET AMT

0002 Job Routine Maintenance

FFP

The contractor shall perform all work in accordance with the attached Performance

0003 Job Service Order

FFP

The contractor shall perform all work in accordance with the attached Performance Work Statement (PWS).

0004 Job Management and Reporting

FFP

The contractor shall perform all work in accordance with the attached Performance

0005 Job Contractor Manpower Reporting

FFP

The Contractor shall report ALL contract labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Fort Meade via the Resident Management System/Quality Control System, (RMS/QCS). THE CONTRACTOR WILL PROVIDE ALL REQUIRED CMR

DATA TO THE COR NLT 15 OCT EACH YEAR IN ORDER FOR THE COR

TO INPUT THE CONTRACTORS INFORMATION INTO THE CMR DATA

BASE. In addition to Huntsville Center’s Safety Office reporting format, the contractor shall utilize the monthly Exposure Hours reporting system provided in Resident Management System/Quality Control System, RMS/QCS. The monthly exposure hours report shall be provided monthly as part of the contractor’s pay request.

1001 Job OPTION Landscaping Installation

FFP

The contractor shall perform all work in accordance with the attached Performance

1002 Job OPTION Routine Maintenance

FFP

The contractor shall perform all work in accordance with the attached Performance

1003 Job OPTION Service Order

FFP

The contractor shall perform all work in accordance with the attached Performance

1004 Job OPTION Management and Reporting

FFP

The contractor shall perform all work in accordance with the attached Performance

1005 Job OPTION Contractor Manpower Reporting

FFP

The Contractor shall report ALL contract labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Fort Meade via the Resident Management System/Quality Control System, (RMS/QCS). THE CONTRACTOR WILL PROVIDE ALL REQUIRED CMR

DATA TO THE COR NLT 15 OCT EACH YEAR IN ORDER FOR THE COR

TO INPUT THE CONTRACTORS INFORMATION INTO THE CMR DATA

BASE. In addition to Huntsville Center’s Safety Office reporting format, the contractor shall utilize the monthly Exposure Hours reporting system provided in Resident Management System/Quality Control System, RMS/QCS. The monthly exposure hours report shall be provided monthly as part of the contractor’s pay

2001 Job OPTION Landscaping Installation

FFP

The contractor shall perform all work in accordance with the attached Performance

2002 Job OPTION Routine Maintenance

FFP

The contractor shall perform all work in accordance with the attached Performance

2003 Job OPTION Service Order

FFP

The contractor shall perform all work in accordance with the attached Performance

2004 Job OPTION Management and Reporting

FFP

The contractor shall perform all work in accordance with the attached Performance

2005 Job OPTION Contractor Manpower Reporting

FFP

The Contractor shall report ALL contract labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Fort Meade via the Resident Management System/Quality Control System, (RMS/QCS). THE CONTRACTOR WILL PROVIDE ALL REQUIRED CMR

DATA TO THE COR NLT 15 OCT EACH YEAR IN ORDER FOR THE COR

TO INPUT THE CONTRACTORS INFORMATION INTO THE CMR DATA

BASE. In addition to Huntsville Center’s Safety Office reporting format, the contractor shall utilize the monthly Exposure Hours reporting system provided in Resident Management System/Quality Control System, RMS/QCS. The monthly exposure hours report shall be provided monthly as part of the contractor’s pay

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government 1005 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 2003 N/A N/A N/A Government 2004 N/A N/A N/A Government 2005 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 29-SEP-2019 TO

28-SEP-2020

N/A SEE SCHEDULE

NONE

475 QUALITY CIRCLE

HUNTSVILLE AL 35806

256-895-1110

W912DY

0002 POP 29-SEP-2019 TO

28-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 29-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 29-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 29-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 29-SEP-2020 TO

28-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 29-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 29-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 29-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 29-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 29-SEP-2021 TO

28-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 29-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 29-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 29-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 29-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 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.

AUG 2018

52.232-1 Payments APR 1984 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

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 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Factor 1, Technical Approach

2. Factor 2, Price

Technical is more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

(2) The management and daily business operations of which are controlled by one or more 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 stock of which 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 its stock is owned by one or more women; or

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) 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 will 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.

(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.

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

(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.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined.