Combined_Synopsis_Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

The solicitation number for this acquisition is W912EP-16-T-0006 and it is being issued as a Request for Offer.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87.

This requirement is being offered as a Small Business Set-Aside. The NAICS code is 541922. The small business size standard is $7.5 million.

The U.S. Army Corps of Engineers, Jacksonville, FL District has a need for Commercial Photography Services. The Jacksonville District intends to award from one (1) to five (5) Blanket Purchase Agreements (BPA) from this combined synopsis/solicitation to the responsible offeror(s) whose offer represent the best value after evaluation in accordance with the factors and their relative importance in this solicitation. If more than one agreement is awarded, the decision to use a particular BPA will be made based on location, price, and service needed.

The total ordering capacity under each BPA shall not exceed $800,000.00 and no call issued under any of the BPAs shall exceed $150,000.00. T h e B PA shall be valid for a period of five (5) years or when the total dollar amount of all calls issued under the BPA reaches $800,000.00, whichever comes first.

(i) Description of Requirements:

1. G E N E R A L : The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform aerial, vertical and ground construction photography.

1.1 Objectives: The contractor will provide construction photography to be used in the following applications:

• Multi-media presentations

• Measure construction contractor performance

• Public meetings

• District website updates

• Assist non-Federal sponsor with multi-media

1.2 Scope: The contractor shall provide professional construction photography services both ground, vertical and aerial. The photographs will be taken at various construction sites. Each site will be defined in a Performance Work Statement (PWS) with each BPA call. Requirements could include; but not limited to, aerial construction photos by helicopter or fixed wing only, no drones, ground construction photos (walking on the construction site), everglades construction photos in marsh or swamp areas, construction photos in large rivers, ground photos of military construction sites, videos of construction progress, natural disaster photos for disaster relief (aerial and ground). Aerial photographs will be oblique with vertical images required at limited locations.

Photographer must provide all safety equipment required to perform ground photography. Photographer must comply with FAA FAR 61.113(b)(1); photo mission is a flight for hire; therefore, the pilot in command must hold a commercial pilot certificate. Photographer could be called out with a 24 hour notice in response to a disaster.

1.3 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with each PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The contractor shall utilize standard commercial Quality Control procedures in the performance of this service. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.4 Quality Assurance: Government Quality Assurance will be in accordance with each PWS (Performance

Requirements Summary.) Additionally, the Government will use a Quality Assurance Surveillance Plan (QASP), in the inspection of the services. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.5 Recognized Holidays: The contractor maybe contacted on one the following holidays during unusual circumstances.

New Year’s Day Labor Day Martin Luther King Jr. Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6 Hours of Operation: The contractor is responsible for conducting business, between the hours of 8:00a.m.

ET – 6:00p.m. ET Monday through Friday except Federal holidays. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within the PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.7 Place of Performance: The work to be performed under this BPA will be performed on multiple construction sites at various locations within the State of Florida in the USACE Jacksonville District. The extent of each site to be photographed will be described in each PWS.

1.8 Security:

• Security Requirements:

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

For contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

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

Pre‐screen candidates using E‐Verify Program: The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I‐9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Background Investigations: All contractor and all associated sub‐contractor employees shall comply with the following requirements for background investigations and local police record checks.

a. Contractors will conduct local police records checks on all contractor/subcontractor employees who will perform services at any USACE-Jacksonville District facility, activity or property for a period that is less than 180 days. Background checks will be conducted prior to beginning work at a USACE-Jacksonville District facility, activity or property. Contractor will provide results of the police record checks to the government COR prior to the employee’s arrival at the project/work site. The District Security Officer will determine eligibility for access to government facilities in all cases where a police record check reflects any criminal arrest or conviction.

b. Contractors will comply with the background investigation requirements noted in paragraph c or d below for all contractor/subcontractor employees who will perform ANY of the following actions:

1) Perform services that require unescorted access to any USACE-Jacksonville District facility, activity or property.

2) Perform services that require daily access to any USACE-Jacksonville District facility, activity or property for periods that will exceed 180 days.

3) Perform services that involve handling or accounting of funds.

4) Perform services that involve interaction with children.

5) Perform services that require access to USACE computers and/or network.

c. Contractors requiring a security clearance or related background investigation (ANACI or higher) will process those background investigations through their Facility Security Office (FSO) and the Defense Industrial Security Clearance Office (DISCO) in accordance with DoD 5220.22-M (National Industrial Security Program) and their company’s guidance on obtaining the minimum required investigations. The verification process will be followed, in order, as stated below:

1) Contractor FSO will provide the government’s security office and Contracting Officer Representative (COR) with verification of security clearance or the required investigation is initiated or completed, as confirmed on the Joint Personnel Adjudication System (JPAS) by the government security office.

2) The COR will coordinate with their servicing Trusted Associate Sponsorship System (TASS) Trusted Agent (TA) to complete the application process for DEERS eligibility on contractors. The COR will prepare and process, according to local policy, the ServiceTrak for requesting network access.

3) The TA will coordinate with the contractor employee to finalize TASS application process to update DEERS eligibility for issuance of a Common Access Card (CAC).

4) The contractor employee will proceed to the nearest CAC issuing station with two photo IDs to obtain their CAC. For CAC issuance at the USACE-Jacksonville District Headquarters, the COR or designated representative will facilitate the issuance of a CAC by scheduling an appointment and escort new employee, no sooner than 3-5 days after the investigation and TASS processes have been completed. Appointments are made between 8am and 12pm on Wednesdays and Thursdays using the scheduler spreadsheet on the Jacksonville Intranet (same day appointments are not accepted).

Acceptable forms of ID are: Driver’s License, Social Security Card, Military ID, birth certificate or passport.

d. Contractors who do not require a security clearance, and who do not have a Facility Security Office (FSO) or a Cage Code with Defense Industrial Security Clearance Office (DISCO) will adhere to the following in order to obtain appropriate background investigation required for access to USACE-Jacksonville District facilities, activities, properties or computer network systems.

1) No sooner than 2 weeks prior to and not later than the 3rd day after the start date, the following will be accomplished by the designated government’s Contracting Officer Representative (COR):

2) A sponsored Army Knowledge Online (AKO) account will be established by the COR at the earliest possible time. This account is pertinent for processing of new employees and will be used with other government systems.

3) The COR will notify the Security Office of a contract hire and will ensure a minimum National Agency Check with Inquiries (NACI) background investigation (BI) has been completed or is requested by providing the following information:

(a) FULL NAME

(b) SSN

(c) DATE OF BIRTH and PLACE OF BIRTH

(d) 2 EMAIL ADDRESSES

(e) 2 PHONE #s (home, work or cell)

(f) SPONSOR/COR Name, Title, Phone and Email

(g) RESUME

(h) OF 306 (provided by government)

(i) Fingerprints (Two copies of SF258 provided by COR

(j) Once the PSIP request is submitted, the new contract employee will communicate with the Army’s Center of Excellence (COE) to complete this process and will have 5 days (no exception) to complete the Electronic Questionnaire (e-QIP) and submit fingerprints.

4) Once the background investigation status has been verified, the COR or designated representative will complete the process for establishing network access for the new employee by submitting the ServiceTrak request, with Security Office Authentication, to ACE-IT for processing. Once the ServiceTrak request is processed by ACE-IT the employee will need to complete approximately a half-day of training within the first 30 days of employment. Training is available daily and need not be scheduled with ACE-IT in advance.

5) Trusted Associate Sponsorship System (TASS). Once the initiated investigation is verified, the COR will contact their assigned Trusted Agent (TA) to initiate an account in the Trusted Associate Sponsorship System (TASS) to establish DEERS/RAPIDS eligibility. When the TASS process is complete, by the TA and employee, eligibility will be updated for authorization to issue the Common Access Card (CAC). The CAC will not be issued until the NACI application is completed and submitted to OPM. The contractor shall ensure compliance with the provisions set forth above. The Government reserves the right to amend or supplement these provisions pursuant to the Changes clause in the contract.

6) Upon approval of the application, the incoming individual shall receive an e-mail sent to the address in sub-paragraph (1) that the CAC application was approved and to proceed to the nearest CAC Issuing Station with two photo IDs to obtain their CAC. For CAC issuance at the USACE-Jacksonville District Headquarters, the COR or designated representative will facilitate the issuance of a CAC by scheduling an appointment and escort new employee, no sooner than 3-5 days after the investigation and TASS processes have been completed. Appointments are made between 8am and 12pm on Wednesdays and Thursdays using the scheduler spreadsheet on the Jacksonville Intranet (same day appointments are not accepted). Acceptable forms of ID are: Driver’s License, Social Security Card, Military ID, birth certificate or passport.

7) Revalidation Requirements. The TA is required to revalidate all contractor personnel, in the Trusted Associate Sponsorship System, every 6 months. In the event revalidation is denied, the CAC credentials shall be revoked and the Card will not be useable to login.

8) Out-processing Requirements. When a contractor employee’s performance under this contract ceases, the COR or designated representative shall:

(a) Notify the Security Office of the termination of employment and provide the retrieved CAC to the appropriate Issuing Station.

(b) Provide written notice to the TA to remove the employee from the TASS

(c) Prepare and process the ServiceTrak request for deleting/removing employee from the District’s active directory.

Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.10 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. These meetings can be satisfied during the monthly site visit to the project or by teleconference.

At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.11 Contracting Officer Representative (COR): The COR will be identified by a separate letter for with each BPA Call. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates.

The COR is not authorized to change any of the terms and conditions of the resulting order.

1.12 Personnel Information:

1.12.1 Special Qualifications: Progress photographs shall be made by a professional photographer with minimum 5 years of experience in construction progress photography, aerial photography, and demonstrated competence with the photographic equipment used taking photographs.

1.12.2 Key Personnel: The following personnel are considered key personnel by the government: contract manager and photographer. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. ET to 4:30p.m. ET, Monday through Friday except Federal holidays.

1.12.3 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.13 Contractor Travel: The contractor may be required to travel to off-site training locations and to ship materials to these locations in support of a PWS. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulations (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR.

1.14 Other Direct Cost: All other direct costs shall be included in the offerors total fixed unit price.

1.15 Data Rights: The Government has unlimited rights to all documents/material produced under this BPA Call.

All documents and materials, to include the source codes of any software, produced under BPA Calls shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this BPA may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

2.1. General: The Contractor shall be responsible for furnishing all photographic equipment and modes of transportation required to perform the work specified by this section. If the camera becomes unusable, breaks, or is lost for three days or more due to defects in materials or workmanship, the Contractor shall be responsible for furnishing a temporary replacement for the period the original camera is out of service. The Contractor shall submit the camera equipment with specification data within 14 days after date of purchase order award. The Contractor shall use a color printer for producing the final, photo-quality, color hard copies of progress images.

2.2. Secret Facility Clearance: N/A

2.3. Equipment

2.3.1. Digital Camera: The Contractor shall use a minimum of one digital camera for use to take the official progress photos for this purchase order. The digital camera shall conform to the following minimum requirements. Camera and lenses shall be Professional Grade with the camera being a minimum 50.6 mega pixel, full frame sensor. The camera shall have the capability to set the exposure settings manually or automatically. The camera shall be equipped with a flash capable of direct flash and can be rotated to produce bounce (reflected light) flash for low light conditions. The camera shall come with software that allows the use to download the images onto a personal computer running Windows, and allow the images to be saved in Tagged Image File Format (TIFF), Joint Photographic Experts Group (JPEG), or Windows Bitmap (BMP) format.

Contractor shall use a digital camera which allows images to have GPS coordinates to tag to each picture taken.

All images shall be photographed in RAW format and converted to tiff, jpeg, or bitmap as required by the COR.

2.3.2. Printer: The contractor shall use a photo-quality color laser printer capable of making high quality prints on glossy photographic paper in 8” x 10” format.

3. SPECIFIED TASKS:

3.1 Basic Services: The work under this section includes furnishing photographs showing the progress of the construction operations at each designated site, throughout the contract period.

3.2 Task Heading and Standards: The contractor shall furnish the Contracting Officer Representative (COR) progress photographs to depict progress construction sites, and any other designated site throughout the life of the contract.

Contractor shall; as listed in individual call orders, provide ground photos and/or aerial photos per designated site.

The ground photographs shall include taking photos from various angles that capture the detailed progress of the construction taking place at the designated site. The camera used to take aerial photographs at each designated site shall have a minimum of two telephoto lenses; the first lens shall allow for a comprehensive shot of the construction site, using panoramic shot if necessary, the second lens shall allow for maximum detail exposure.

Contractor will be notified two (2) weeks prior to any required photography.

The photographs shall be taken using digital photography equipment supplied by the contractor and printed by the contractor. Electronic copies of approved photographs shall be furnished on compact disk, or other storage media as approved by the COR.

3.3 Digital Photographs: The Contractor shall furnish the COR digitally produced images of the work. All images shall be taken at the camera’s highest resolution no less than 50.6 mega pixels per image. Each photo requires GPS coordinates identifying location of photo. All photographs are to be geo-referenced including Latitude Longitude, elevation and the direction that the image was taken with a minimum accuracy of 1 meter, all geo-referenced information shall be imbedded into each image Meta data. Contractor must have the ability to create a Google Earth (KMZ) and Shape File (SHP) of all images. Two copies of thumbnail hard copy prints and thumbnail electronic prints of progress images from each designated site shall be submitted to the COR for approval between the first and fifth day of every month. The COR will select from the thumbnail views for each designated site, at least 10 views to become official images. The Contractor shall consult with other personnel involved with the construction being photographed and shall provide a descriptive caption to be placed on each selected image. The COR shall approve all captions. The contractor shall furnish, using Microsoft Word, a file with each set of photographs which; at a minimum, lists the following information for each image:

o Unique sequential image number o Name and location of project o Contract Number o Date Taken o Contractor’s name (and subcontractor if applicable) o Orientation of view and brief description of work depicted o GPS coordinates of picture location

3.4 Submittals: Prints of the selected official progress images, and electronic copies of all progress images, including those not selected as official progress images, shall be furnished within ten days of approval of the thumbnail images. Electronic copies of all images shall be furnished on compact disk accompanied by an electronic file containing required photographic identifying information for each image. Each electronic copy shall include a compressed version of the official progress images from each designated site. These compressed progress images shall have an image size of approximately one

(1) megabyte each.

4. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

4.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. Contractor will coordinate with onsite Safety Officer for safety briefings prior to entering any construction site.

• Corps of Engineers Manual EM 385-1-1 - Safety and Health Requirements Manual

5. EXHIBITS:

5.1 Exhibit A: Performance Requirements Summary Example

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard

Performance Threshold

Method of

Surveillance

PRS # 1.

The contractor shall provide ground and aerial construction photographs.

All photos shall be taken at the camera’s highest resolution no less than 50.6 mega pixels per image to provide photo realistic quality.

Photos taken should depict each phase of the work and progress made during those phases.

100% Compliance.

Validated Customer Complaint received by COR.

PRS # 2.

The contractor shall provide photo information for each image as listed in

PWS 5.3

All photos will contain the following:

• Unique sequential image number

• Name and location of project

• Contract Number

• Date Taken

• Contractor’s name (and subcontractor if applicable)

• Orientation of view and brief description of work depicted

• GPS coordinates of picture location

100% Compliance.

Validated by Customer.

PRS # 3.

The contractor shall take pictures monthly at the beginning of each month.

Photos will be taken NLT 7 of month unless directed by COR.

100% Compliance.

Validated by Customer.

5.2 Exhibit B: Deliverables Schedule Example

Deliverable Frequency # of Copies Medium/Format Submit To

Electronic (PDF) thumbnail copies of all photos taken for each site.

All sets shall be provided within five

(5) business days after each monthly session.

Two (2) copies from each designated site.

PDF Format via email.

One (1) electronic copy shall be emailed to the project manager and one (1) electronic copy shall be emailed to the resident engineer:

8” x 10” color glossy prints of the selected progress photos for each site.

mailed within five

(5) days after receipt of selection from each monthly session.

One (1) Copy of 10 photos from each site

Glossy Photo Paper

One (1) set shall be mailed to the resident engineer:

Compact Disk of all photos taken for each site.

mailed within five

(5) days after receipt of selection from each monthly session.

Three (3) copies from each site.

Photos should be placed on CD in JPEG format.

Two (2) CDs shall be mailed to the project manager and one (1) CD shall be mailed to the resident engineer:

(ii) FAR Clauses

52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

Addendum to 52.212-4

999.201-4002 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The Contractor shall not accept any instructions issued by any person, employed by the Government or otherwise, other than the Contracting Officer or the Contracting Officer's Representative (COR) acting within the limits of the COR’s authority. See the Contracting Officer's Representative clause of this contract.

(End of paragraph number 999.201-4002)

999.223-4003 SAFETY REQUIREMENTS -- SERVICE CONTRACTS

The Contractor shall comply with the applicable portions of the current edition of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. The current edition shall be the edition, including all changes, that is posted at http://www.hq.usace.army.mil (at the HQ homepage, select Safety and Occupational Health) on the date the solicitation for this contract was issued.

(End of paragraph number 999.223-4003)

999.228-4007 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) (OCTOBER 2013)

(a) This Special Contract Requirement supplements FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act).

(b) The contractor agrees to procure Defense Base Act (DBA) insurance coverage commercially from a DOL authorized insurance carrier under a self insurance program unless the contractor has a DBA self-insurance program approved by the Department of Labor at http://www.dol.gov/owcp/dlhwc/lscarrier.htm. Proof of this self-insurance shall be provided to the Contracting Officer. The contractor shall submit proof of a valid DBA Insurance policy for the Prime and their Subcontractor’s at every tier prior to performance of the contract.

(c) The contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable. Every subcontractor shall procure its own DBA Insurance coverage directly from a DOL authorized insurance carrier.

(d) Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clauses 52.228-3 Workers’ Compensation Insurance (Defense Base Act) for the Prime and all of the Subcontractors at every tier, shall be considered a material breach and could cause your contract to be terminated for default/cause.

(End of 999.228-4007)

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 http://farsite.hill.af.mil/reghtml/Regs/FAR2AFMCFARS/FARDFARS/FAR/52_000.htm#P1844_256320 http://www.hq.usace.army.mil/

(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.

(End of clause)

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

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

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.

(End of clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the http://fedgov.dnb.com/webform https://www.acquisition.gov/

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).

For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferredgov.

(c) In the performance of this contract, the Contractor shall--

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than--

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (MAY 2008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

http://www.biopreferredgov/ http://www.sam.gov/

(b) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm.

(End of clause)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND

CERTIFICATIONS. (OCT 2015)

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

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

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)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703- 4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any mailto:CISADA106@state.gov transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225- 24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision)

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

If more than one clause or Schedule term of this contract authorizes the temporary withholding of amounts otherwise payable to the Contractor for supplies delivered or services performed, the total of the amounts withheld at any one time shall not exceed the greatest amount that may be withheld under any one clause or Schedule term at that time; provided, that this limitation shall not apply to--

(a) Withholdings pursuant to any clause relating to wages or hours of employees;

(b) Withholdings not specifically provided for by this contract;

(c) The recovery of overpayments; and

(d) Any other withholding for which the Contracting Officer determines that this limitation is inappropriate.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

(End of clause)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

http://www.treasury.gov/ofac/downloads/t11sdn.pdf

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(NOV 2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

(a) Definition. Covered DoD official, as used in this clause, means an individual that--

(1) Leaves or left DoD service on or after January 28, 2008; and

(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served--

(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;

(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code;

or

(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or

(ii) Serves or served in DoD in one of the following positions: Program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.

(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official…