A22.W912EK-16-T-0064.pdf.pdf

REQUEST FOR PROPOSAL

PLEASE RETURN TO:

US Army Corps of Engineers

US Army Corps of Engineers

W912EK-16-T-0046

Snow & Ice Removal, Clock Tower & Annex & Lock and Dam 15

Attn: Anne Fleischman Clock Tower Building 1500 Rock Island Drive Rock Island, Illinois 61201 Email: Anne.M.Fleischman@usace.army.mil

PLEASE INCLUDE THE FOLLOWING INFORMATION:

1. Complete Block 17a, on the SF1449 - Enter Name, Address, and Current Phone Number of Person to Contact Regarding Proposal

2. Complete and sign Blocks 30a, 30b, and 30c on the SF1449

3. Complete and submit the SF1449, Bid Schedule, Technical Capability and Past Performance Questionnaire (PPQ)

4. Please fill out the below information completely and include this cover page with your offer, along with the above items that need to be filled out.

5. Include the Solicitation Number on the subject line when submitting by email pdf format. It is the responsibility of the offeror to verify that their offer has been received and is legible when using a method other than ASFI to submit an offer.

Contractors must be current in their registration in the System for Award Management (SAM) Database before a Government Contract award can be made.https://www.sam.gov/

Please provide: 1. CAGE Code (CCR):_______________________________

2. Point of Contact: _________________________________

3. Phone & Email: __________________________________

FOR ADDITIONAL INFORMATION, CONTACT:

Anne Fleischman Phone: 309-794-5519 or Email:

Anne.m.fleischman@usace.army.mil http://www.sam.gov/

SEE ADDENDUM

(No Collect Calls)

W912EK-16-T-0064 06-Sep-2016

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 20 Sep 2016

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.

W912EK9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

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

96514762007303

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 BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

1500 ROCK ISLAND DRIVE

ROCK ISLAND IL 61201

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 965147 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

LOGISTICS MANAGEMENT OFFICE

CELA-MVR

US ARMY CORPS OF ENGINEERS

1500 ROCK ISLAND DRIVE

ROCK ISLAND IL 61201

TEL: FAX:

--- --- ---- REF BLOCK 18A)FAX:

TEL: 309-794-5613 (INVOICES SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$7.5 Million

NAICS:

561730

X

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.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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.

W912EK-16-T-0064

Section SF 1449 - CONTINUATION SHEET

BID SCHEDULE

SNOW AND ICE REMOVAL SERVICES

The ‘Unit Price’ is the price per occasion.

The ‘Total’ is the unit price multiplied by estimated occasions per season.

Snow Event: After 1” of snow - includes plowing/hand shoveling and product for ice removal De-Icing: After less than 1” of snow or rain includes application of ice removing product

BASED PERIOD (Date of award of contract through 30 April 2017):

CLIN Description Unit Price Total 0001 Snow Plowing Parking Lots and Shovel

Sidewalks, and Entrances after 1” of snow accumulation and any necessary De-Icing.

Estimated Eighteen (18) occasions per season.

0002 De-Icing All Parking Lots and Sidewalks and Entrances after less than 1” of snow/rain.

Estimated Thirty six (36) occasions per

TOTAL PER BASE PERIOD: $

OPTION PERIOD I (1 October 2017 through 30 April 2018):

CLIN Description Unit Price Total 0101 Snow Plowing Parking Lots and Shovel

Sidewalks, and Entrances after 1” of snow accumulation and any necessary De-Icing.

002 De-Icing All Parking Lots and Sidewalks and

TOTAL PER OPTION PERIOD I: $

OPTION PERIOD II (1 October 2018 through 30 April 2019):

0201 Snow Plowing Parking Lots and Shovel

Sidewalks, and Entrances after 1” of snow accumulation and any necessary De-Icing.

0202 De-Icing All Parking Lots and Sidewalks and

TOTAL PER OPTION PERIOD II: $

OPTION PERIOD III (1 October 2019 through 30 April 2020):

0301 Snow Plowing Parking Lots and Shovel

Sidewalks, and Entrances after 1” of snow accumulation and any necessary De-Icing.

0302 De-Icing All Parking Lots and Sidewalks and

TOTAL PER OPTION PERIOD III: $

OPTION PERIOD IV (1 October 2020 through 30 April 2021):

0401 Snow Plowing Parking Lots and Shovel

Sidewalks, and Entrances after 1” of snow accumulation and any necessary De-Icing.

0402 De-Icing All Parking Lots and Sidewalks and

TOTAL PER OPTION PERIOD IV: $

TOTAL CONTRACT (BASE PERIOD PLUS 4 OPTION PERIODS):

PERFORMANCE WORK STATEMENT

SCOPE OF WORK

SNOW AND ICE

REMOVAL

1.1 GENERAL

1.1.1 The snow removal and ice control work described herein is dependent on numerous and varied conditions and circumstances that may occur. The amount of work that actually will be required will be governed by conditions encountered as the season progresses. There shall be constant and continuous evaluation of the snow removal and ice control effectiveness between the Government and Contractor. Flexibility shall and will be maintained by all parties for making changes and improvements as the winter season and work progresses.

1.1.2 Duty Hours

Clock Tower Parking Lots (Areas A, C, D, E, F, G and I): 0530 hours through 1800 hours, Monday through Friday, accept Federal holidays.

Lock and Dam 15 parking Lot (area D) is a 7 day, 365 days a year operation that must be cleaned by 0530.

NOTE: The Clock Tower motor pool area parking spaces (Area B) will be fully occupied most of the time (24 hours per day, 7 days per week).

NOTE: Contractor must use a rubber edge plow in Parking Area E and I.

The Clock Tower parking lots’ (Areas A, C, D, E, F, and G) parking spaces may be fully occupied during duty hours.

Some vehicles may remain parked throughout the parking lots’ parking spaces during non- duty hours.

B. The Naval Reserve Center Parking Lot (Area H): 0530 hours through 1830 hours, 7 days per week.

NOTE: The Naval Reserve Center parking lot (Area H) parking spaces may be fully occupied during duty hours.

Some vehicles may remain parked throughout the parking lot parking spaces during the nonduty hours.

1.1.3 The Contractor shall avoid damage to lawn sprinkler heads, fire hydrants, curbs, wheel stops, valves, traffic and information signs, turf areas, landscaping, and other man-made facilities and natural features, and motor vehicles by snow removal operations. The Contractor shall be responsible for damage to this and all other public and private property. The Contractor shall reimburse the Government for all damages to Government property caused by the Contractor’s operations. Final payment will be withheld until all damaged property from snow season has been corrected to the satisfaction of the technical representative.

1.1.4 No work will be allowed until the Contractor’s safety plan and proof of insurance are submitted and approved. The Contractor’s safety plan and proof of insurance shall be submitted not later than 10 days after award of contract.

1.1.5 All equipment is subject to approval of the Technical Representative. (See 1.6)

1.1.6 If any service under this contract is not in conformity with the requirements of the contract, the Contractor is required to correct such deficiencies within 4 hours or less without additional costs. In the event the Contractor fails to perform the services, the Government will have the right to have the deficiencies corrected and charge to the Contractor any costs occasioned to the Government that is directly related to the performance of such services.

1.1.7 The Contractor shall have qualified personnel available, 24 hours per day, 7 days per week, to perform the work.

1.1.8 The Contractor shall ensure that equipment is functioning properly and that operators are trained and thoroughly familiar with their equipment. Operators shall have been given training in the selection of application rates of deicing chemicals and in the calibration of spreading equipment in order to minimize the use of chemicals. Attention shall be given to drainage problems which might cause serious problems if rain or melt-water is ponded and subsequently freezes.

1.1.9 The Contractor shall notify the Technical Representative immediately of any snow removal and/or ice control work which cannot be accomplished in accordance with the specified requirements.

1.1.10 The Contractor shall contact the Technical Representative for approval to initiate snow removal or ice control operations. It will be within the full discretion of the Technical Representative whether snow removal or ice control is required.

1.2 SNOW REMOVAL

The Contractor shall remove snow, “pack snow”, and slush from the indicated driveways, sidewalks, steps, ramps, parking lots, storage areas, and other operational areas. This includes all plowing, hand shoveling and product for ice removal for each snow event.

1.2.1 The Contractor shall initiate work during non-duty hours such that specified areas will have no more than a maximum residual depth of 1 inch by 0530 hours preceding the normal duty day.

1.2.2 The Contractor shall continue to remove snow throughout duty hours as necessary to allow no more than a residual depth of snow of 1 inch.

1.2.3 The Contractor shall remove snow to the pavement surface following the cessation of snowfall.

1.2.4 Snow accumulating between parked vehicles during duty hours shall be removed to the pavement surface following such duty hours by the start of the next duty day (except between motor pool parking spaces).

1.2.5 The Contractor shall not allow accumulated or plowed snow to block adjacent building entrances, steps, sidewalks, and doorways. Hand shoveling will be required around such areas.

1.2.6 The Contractor shall not plow in or allow snow to accumulate to prevent vehicles from entering/exiting parking spaces.

1.2.7 Removal of “pack” snow (snow compacted by traffic action which becomes nearly as tightly bonded to pavement as ice) to the pavement surface will be required as part of the snow removal.

1.2.8 Snow may be disposed of, to the greatest extent possible, in the indicated disposal areas.

The Rock Island Arsenal has given permission to dump snow on two sites on the Rock Island Arsenal, near Corps of Engineers property. Should snow disposal areas become filled or if snow removal operations are being accomplished during duty hours when parking areas are occupied and disposal areas are blocked, it shall be the contractor’s responsibility to remove the snow from the site and disposed of outside the limits of Corps of Engineers property.

1.2.9 Ice removal in conjunction with a snowfall (1 inch or more of snowfall) will be considered part of the snow removal.

1.3 ICE CONTROL

Ice and/or less than 1’’ of snow or less will be considered an ice storm. The Contractor shall apply chemical for ice control to ensure that the indicated driveways, sidewalk, and parking lots, storage areas, and other operational areas are safe for pedestrian and vehicle travel. The chemical shall be in accordance with paragraph 1.5 below and applied in accordance with the manufacturer’s instructions. Any material that will melt snow and ice down to –15F, be environmentally safe and MUST be approved by the Corps of Engineers (i.e. Triple Melt and Eco Melt) may be used. The Contractor shall be required to calibrate deicer spreaders to ensure that the proper quantity of deicer is placed. Use of too much deicer damages vegetation, vehicles, pavements, and structures. Ice and slush shall be removed down to the pavement surface. Hand spreading/removal will be required in certain areas.

1.3.1 The Contractor shall continue to remove ice throughout duty hours as necessary to allow safe walking. The Technical Representative will advise the contractor as necessary.

1.4 IDENTIFICATION OF FACILITIES AND OBSTRUCTIONS

The Contractor shall schedule within 10 days after Award of Contract, a meeting at the site with CEMVR-LM, to identify lawn sprinkler heads, fire hydrants, curbs, valves, and other facilities and obstructions which may be damaged by snow removal operations. The Contractor shall mark edges of surfacing, fire hydrants, valves, and other facilities and obstructions as necessary to prevent such damage. Fire hydrants must be marked. Markers for fire hydrants shall be color coded red.

1.5 CHEMICALS

Pelletized calcium chloride shall be used for deicing. Use of urea, calcium magnesium acetate, and other deicers shall not be allowed.

1.6 COORDINATION

Technical Representative point of contact for this project is Mr. J. E. Schaaf, CEMVR-LA, telephone number: 309/-794-5703/Cell: 309-749-7412; Mr. Daniel Simon, CEMVR-LA, 309/794-5835/Cell: 563-468-7165.

1.7 SAFETY

The Contractor shall comply with the requirements of the latest edition of EM 385-1-1, 29 CFR 1910, and all applicable Federal, state, and local rules and regulations. The Contractor shall meet with the Rock Island District Safety Officer upon award of Contract and provide a written safety plan to the Technical Representative for approval before any work will be allowed at the site. The Contractor will use Enclosure 1 as a Safety Inspection Checklist for off-highway self-propelled work machines and motor vehicles.

1.8 STORAGE OF EQUIPMENT AND

MATERIALS Materials and equipment shall not be stored at the site.

1.9 RECORD KEEPING

The Contractor shall maintain a record of snowfalls (as measured by the U. S. Weather Service, Davenport, Iowa) and ice storms and log of snow and ice removal operations. The Contractor shall submit the originals of the record and log for approval prior to each request for payment.

1.10 PAYMENT

1.10.1 Snow Removal

Payment for snow removal will be made per event. Each event will fall between 12:00 am to 11:59 pm day to day and only 1 event per day. It is emphasized that should 2 or more plowings be required, no additional payments will be made. Payment shall constitute full compensation for all operations and disposal of snow, necessary to complete the work as specified herein.*

1.10.2 Ice Control

Payment for ice control will be made per event. It is emphasized that should 2 or more ice control applications be required, no additional payments will be made (each event will fall between 12:00 am to 11:59 pm day to day and only 1 event per day). Payment shall constitute full compensation for all operations, including materials and placement thereof, necessary to complete the work as specified herein.*

* If during 1 - 24 hour period the contractor plows snow/de-icing and then later in the day performs de-icing, the contractor is paid for the 1 - snow plowing/de-icing event only.

Security Clause 2

For Access and General Protection Policy and Procedures. All Contractors and sub-contractor employees shall comply with installation and facility access guidelines and rules as stated herein. Contractor workforce must comply with all personal identity verification requirements as directed by Department of Defense, Department of the Army Headquarters, Rock Island District 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.

In support of Rock Island District evaluation of personnel authorized for access to federal facilities, the Contractor shall follow installation policy and procedures in place of the background check conducted by a bonded third party for off Island Government property access, which will include but is not limited to completing the NCIC III background check conducted by the Rock Island Arsenal. (Details for Rock Island Arsenal Access can be found at:

http://www.usagria.army.mil/AccessRequests/).

Address to the Visitor Center to have the background checks completed is:

Visitor Center 23 Prospect Ct Rock Island Arsenal, IL Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program website (http://www.uscis.gov/e-verify) to meet the established employment eligibility requirements. The Contractor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. Documentation of company enrollment in E-verify, via a print screen of the company profile within the E-verify system, must be submitted to the Security Office no later than 3 business days after the initial Notice to Proceed.

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification must be given/coordinated with the designated Government representative. This Form will be provided to the Security Office after Notice to Proceed is given.

**NOTE: To protect the privacy of the Contractor, all Contractor employees, and all sub-contractor employees, background checks, OPSEC SOPs, E-verify, and I-9 forms shall be submitted with a coversheet stating the contract number (e.g. W912EK-15-C-XXXX), title of project, and the company's point of contact information, in a sealed envelope/container and mail:

Security Office U.S. Army Corps of Engineers Rock Island District 1500 Rock Island Drive Rock Island, IL 61201 http://www.usagria.army.mil/AccessRequests/ http://www.uscis.gov/e-verify

TECHNICAL AND PAST PERFORMANCE

TECHNICAL CAPABILTY STATEMENT

(OFFERORS MUST COMPLETE)

The Offeror SHALL provide sufficient documentation of their technical capability, such as experience of the company and/or the key personnel and crew who will be performing the work, resumes, equipment lists, etc.

or other information to enable the Government to determine the company's capability on projects of similar type, size, scope and complexity.

USACE PAST USACE PAST PERFORMANCE QUESTIONNAIRE (PPQ)

(OFFERORS MUST COMPLETE)

AGENCY/COMPANY THAT WORK WAS PERFORMED FOR:_______________________________

POINT OF CONTACT & TELEPHONE NUMBER: __________________________________________

DATES SERVICES PROVIDED: ________________________________________________________

BRIEF DESCRIPTION OF SERVICES PROVIDED: _________________________________________

DATES SERVICES PROVIDED: ________________________________________________________

BRIEF DESCRIPTION OF SERVICES PROVIDED: _________________________________________

DATES SERVICES PROVIDED: ________________________________________________________

BRIEF DESCRIPTION OF SERVICES PROVIDED: _________________________________________

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Snow Removal at the Clock Tower Complex

US Army Corps of Engineers, Rock Island Arsenal, Rock Island, IL

INTRODUCTION

This Quality Assurance Surveillance Plan (QASP) has been developed to evaluate contractor actions while implementing the Performance Work Statement (PWS) f o r s n ow removal and ice treatment. It is designed to provide an effective surveillance method of monitoring contractor performance for each listed objective on the contract.

The QASP provides a systematic method to evaluate the services the contractor is required to furnish. The PWS structures the acquisition around “what” service or quality level is required, as opposed to “how” the contractor should perform the work (i.e., results, not compliance). A performance-based approach enables the contractor to play a large role in how the work is performed, as long as the proposed processes are within the stated constraints. The only exceptions to process reviews are those required by law (federal, state, and local) and compelling business situations, such as safety and health. A “results” focus provides the contractor flexibility to continuously improve and innovate over the course of the contract as long as the critical outcomes expected are being achieved and/or the desired performance levels are being met.

The contractor, and not the government, is responsible for the quality of all work performed.

The role of the Government is quality assurance to ensure contract standards are achieved.

SURVEILLANCE

The Contracting Officer’s Representative (COR) is designated in writing by the CO to act as his or her authorized representative to assist in administering a contract. The Government COR will evaluate the services required by the PWS to ensure compliance. Any Government employee who observes unacceptable services, either incomplete or not performed, should immediately contact the COR, who will document the complaint and forward it to the contractor for correction. The contractor will be given two hours after notification to correct unacceptable performance.

SNOW REMOVAL AT THE CLOCK TOWER COMPLEX, US

ARMY CORPS OF ENGINEERS,

ROCK ISLAND ARSENAL, ROCK ISLAND, IL 61201

Required Service

Performanc e

Acceptable Quality

Method of Surveillance

Impact on Contractor Payments

Snow Removal

Complete snow removal of areas in satisfactory manner

1 deficiency per surveillance

Random Monitoring

Deduct 10% of pay for each documented event of unsatisfactory performance De-Icing Complete de-

Icing all areas in satisfactory manner

CLAUSES INCORPORATED BY FULL TEXT

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

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

Postconsumer fiber means—

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the System for Award Management SAM database means that--

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(OCT 2015)

(a) Definitions. As used in this clause:

Executive means officers, managing partners, or any other employees in management positions.

First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.

Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

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(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.

110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause requires the disclosure of classified information.

(d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor's preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor.

Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if—

(i) In the subcontractor's preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $30,000 to avoid the reporting requirements in paragraph (d) of this clause.

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

http://www.sec.gov/answers/execomp.htm

(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

Data Universal Numbering System+4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—

(i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

http://fedgov.dnb.com/webform

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(a) Definition. 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.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212- 3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision) http://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm

52.204-17 OWNERSHIP OR CONTROL 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.

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…