A22_16-T-0037_Solicitation_Crosslake_Fee_Collection.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES-16-T-0037 11-Mar-2016

b. TELEPHONE NUMBER

651-290-5614

8. OFFER DUE DATE/LOCAL TIME

10:30 AM 01 Apr 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 X 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.

W912ES9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOHN P RIEDERER

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

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

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

W81G6760145623

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

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 PINE 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CROSS LAKE DAM

CORRINE HODAPP

CROSS LAKE RECREATION AREA

35507 COUNTY ROAD 66

CROSS LAKE MN 56442-0036

TEL: 715-775-5562 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$38.5 million

NAICS:

561210

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)

PAGE 2 OF47

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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 6 Months Rec Area Fee Collection - Base Year

FFP

Recreation Area Fee Collection Services, Base Year (12 May 2016 - 16 Oct 2016) FOB: Destination

MILSTRIP: W81G6760145623

PURCHASE REQUEST NUMBER: W81G6760145623

NET AMT

1001 6 Months OPTION Rec Area Fee Collection - Option 1

FFP

Recreation Area Fee Collection Services - Option Year 1 (11 May 2017 - 15 Oct 2017) FOB: Destination

2001 6 Months OPTION Rec Area Fee Collection - Option 2

FFP

Recreation Area Fee Collection Services - Option Year 2 (10 May 2018 - 14 Oct 2018)

STATEMENT OF WORK

Campground Attendant/Fee Collection Services

Scope of Work Cross Lake Recreation Area

Crosslake, MN 56442

SECTION C – DESCRIPTION

C.1 General

The work to be performed under this contract consists of furnishing all plant, materials, equipment, supplies, labor, transportation, supervision and performing all work as required by the scope of work. All work materials and services not expressly called for in the specifications but are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no increase in cost to the Government.

C.1.1. Summary: The St. Paul District Corps of Engineers (COE) has a requirement for park attendant services at the Cross Lake Recreation Area at Crosslake, MN. This contract is for services for the 2016 recreation season plus two option years.

C.1.2. Location: Cross Lake Recreation Area is located adjacent to the town of Crosslake, MN in Crow Wing County on Cross Lake, which is part of the Whitefish Chain of Lakes. Crosslake is approximately 24 miles north of Brainerd, MN and 160 miles northwest of St. Paul, MN.

C.1.3. Cross Lake Recreation Area. The Cross Lake Recreation Area consists of a highly utilized campground and two day use areas. Facilities include playground and picnic areas, two boat ramps, two fishing piers, two beaches, horseshoe pits, a volleyball court, two reserveable picnic shelters, two comfort stations, five vault toilets, and two dump stations. The campground has a total of 121 campsites of which 91 have 30/50 amp electric hook-ups. The Recreation Area receives high visitation from mid-May through September. A campsite at the Recreation Area is NOT provided by the COE for contractor use.

C.1.4. Periods of On Site Performance:

- Base Year: 12 MAY 2016 to 16 OCT 2016

- Option year 1: 11 MAY 2017 to 15 OCT 2017

- Option year 2: 10 MAY 2018 to 14 OCT 2018

See C.2.4 for required entrance station work hours.

C.1.5. Safety: The contractor shall comply with all applicable federal, state, and local safety and occupational health laws, rules, and regulations and must complete all work in a safe manner in accordance with EM 385-1-1 Safety & Health Requirements Manual. An on line version can be reviewed at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

C-1.6. Security. The Contractor shall cooperate with Government personnel in safeguarding Government property.

The Contractor shall be responsible for reporting all acts of vandalism, larceny, or pilferage to the Supervisory Ranger; ensure that the entrance station doors and windows are locked each time the building is left unattended; and cooperate with all Corps of Engineers employees and other contractors in performance of their duties.

C.2 REQUIREMENTS:

C.2.1. Vehicle: The contractor shall provide and maintain a fully operable vehicle, for contract related transportation. Only street-legal motorized vehicles, which are licensed, and driven by drivers possessing a valid driver’s license, shall be operated on government property. The Contractor shall provide proof of vehicle insurance sufficient to meet State of Minnesota liability insurance requirements. All contractor employees must have a valid driver’s license in order to perform any contract work. The contractor shall provide proof of license and insurance at the Pre-work Orientation.

C.2.2. Security Bond: Prior to beginning work, the contractor must furnish the Contracting Officer proof of a $5,000.00 security bond including a list of all employees that will perform work specified in this contract.

C.2.3. Pre-work Orientation, Training & Qualifications: The Contractor and attendants must attend a pre-work orientation and training session with the Supervisory Ranger and site Park Rangers on the first day of the contract performance period at the Crosslake Recreation Area. The purpose of the session will be to review the contract specifications and to train the contractor in site specific policies and procedures. The contractor must have previous experience in the use of the computer generated Reserve America – Outdoor Recreation Management Suite (ORMS) program. Experience must be provided on attachment A and submitted with the contractor’s quote. ORMS is used for the collection of user fees. Each contractor employee shall become proficient with the ORMS program.

C.2.4. Entrance Station Scheduled Hours:

Summer Season: Spring & Fall Season:

Saturday - Thursday Friday 9:00 am - 2:00 pm 10:00 am – 2:00 pm 4:00 pm - 8:00 pm 4:00 pm - 8:00 pm

Friday Saturday

9:00 am - 2:00 pm 10:00 am - 2:00 pm 4:00 pm - 9:00 pm 5:00 pm - 7:00 pm

Sunday

10:00 am - 2:00 pm

W912ES-16-T-0037

The configuration of the above hours is subject to change with one week advance notice from the Supervisory Ranger. Hours of coverage will not increase.

Any absence that is approved by the Supervisory Ranger will not relieve the Contractor of the responsibilities outlined under this contract.

C.2.5. Campground Tours:

C.2.5.a. Spring, Summer, and Fall Seasons: A minimum of one (1) complete tour of the campground shall be conducted each day to locate and contact campers who have not yet registered for camping. One complete tour of the campground is approximately two miles in length. The tour shall take place within one hour prior to the beginning of each day’s shift. Additional tours may be necessary to ensure that all campers are registered.

C.2.5.b Complete Registration: The Contractor shall courteously notify unregistered campers to register at the entrance station when it is open. The contractor will notify a ranger if a camper refuses to register and pay.

C.2.6. Season Dates:

Year Spring Summer Fall 2016 May 12 – 24 May 25 – Sept 10 Sept 11 – Oct 16 2017 May 11 – 23 May 24 – Sept 9 Sept 10 – Oct 15 2018 May 10 – 22 May 23 – Sept 8 Sept 9 – Oct 14

C. 2.7. Fee Collection: Operate the computerized camping/reservation program, collect applicable fees, maintain accurate records, issue America the Beautiful (ATB) passes and day use passes per the procedures detailed in the Fee Collector’s Handbook (to be provided at the Pre-work Orientation). An example of the previous Fee Collector’s Handbook is included as Attachment B (this manual is included as reference only for quoting purposes and subject to change). Assist campers in locating campsites and answer camper and visitor questions in a courteous and friendly manner. Maintain occupancy records and take campsite reservations. Provide and maintain an adequate change fund. Additionally, the contractor shall assist ranger staff in accounting for monies collected from honor vaults. The contractor shall count monies with the ranger, sign off on amount, and enter the fees collected into the ORMS system for remittance.

C.2.8. Records: Maintain and keep up to date records on campground use such as occupancy records, the entrance station pegboard, incoming reservations list, and current status reports showing the correct primary occupant. Keep a current list of all vacant campsites, particularly the sites with electrical hook-ups, and provide the status reports to the COE office and to the campground volunteers when requested. Additional lists and records may need to be kept as needs change during the season.

C.2.9. Policy: Provide campers and visitors information on park policies and procedures, both verbally and through distribution of various literature. The literature will be provided by the COE. Additional guidance will be provided in the Fee Collector Handbook.

C.2.10. Reconciliation and Bill for Collections (BFC): Balance collected fees with the user permits issued. The contractor shall reimburse the Government for any shortages or questionable losses. Any loss is to be reported immediately to the Supervisory Ranger. The collected fees will be secured by the contractor in a safe provided for this purpose. A bill for collections (BFC) will be prepared and submitted a minimum of once per week or any time the amount of fees collected totals more than $5,000.00. Historically, fees collected do not exceed $5,000 in a given week. The contractor will be responsible for purchasing money orders for the cash on hand, and associated postage costs for mailing the hardcopy BFC, checks and money orders to the NRRS Lockbox. Additional procedures for remitting a BFC will be supplied in the Fee Collectors Handbook.

C.2.10.a. Shortages: During the reconciliation process, the contractor must explain any shortages due to operator error of the Reserve America – Outdoor Recreation Management Suite (ORMS) program or reimburse the shortage.

All shortages must be reimbursed in the same format as required by the ORMS program. In the event the contractor fails to reimburse the Government, the shortage may be collected by any lawful means including offset from contract earnings or a claim against any bonds required by this contract unless the contractor demonstrates to the reasonable satisfaction of the Contracting Officer, that the loss or shortage is caused solely by persons or circumstances beyond the control, and without the fault or neglect of the contractor, its officers, agents, or employees.

C.2.10.b. Audits: Random and scheduled audits will be performed on all aspects of the fee collection and BFC remittance programs. The contractor must comply with requests to provide information to the auditor.

C.2.11. Customer Complaints: Report all disturbances and complaints to the ranger on duty. Radio equipment will be furnished for this purpose. The contractor shall not attempt to apprehend violators or enforce any rules or regulations.

C.2.12. Cleaning: Keep the entrance station clean on a daily basis. The government will furnish all cleaning supplies necessary to complete the following cleaning:

a. Interior walls, fixtures, counter tops and floors shall be cleaned to remove dirt, dust, grease, litter, and all debris.

b. Exterior walls shall be cleaned, including removal of insect nests, cobwebs, and bird nests.

c. Windows (both interior and exterior) shall be cleaned so they are free of dust, spots, and streaks.

d. Shelves, windows, counter tops, floors, and brochure holders shall be kept neat and orderly at all times.

e. All surfaces of the information board and telephone stand shall be cleaned to remove cobwebs, insect nests, bird droppings, and other foreign material.

f. Remove all cigarette butts and garbage from cigarette ash urn.

g. Concrete sidewalk and adjacent patio areas shall be cleaned of such things as grass clippings, leaves, and dirt.

C.2.13. Damage: Report all damaged or malfunctioning recreational facilities to a park ranger immediately upon discovery of the problem.

C.2.14. Uniforms: Contractor Staff shall be attired in clothing that presents a clean, neat, and professional appearance at all times. The prescribed attire to be worn while performing official duties specified in this contract will include a collared shirt or blouse, trousers or slacks, and shoes. Knee length shorts are acceptable but T-shirts and tank tops will not be allowed.

C.2.15. Government Equipment: The Contractor shall sign for and be responsible for government furnished equipment. This includes, but is not limited to, fee collection computer equipment, keys, and a 2-way radio. The value of the computer equipment is approximately $3,000 and the value of the two way radio is approximately $1,000. All accountable items will be turned in to the Supervisory Ranger immediately at the end of each recreation season. A complete list of Government Furnished Equipment is found in Paragraph C.4.

C.3 CONTRACTOR RESTRICTIONS - Contractor Employees Shall Not:

1. Carry firearms in the park, or maintain them in the entrance station or vehicle.

2. Consume alcoholic beverages during the on-duty hours or conduct themselves in a manner unbecoming of their position so as to bring discredit to themselves or the Corps of Engineers.

3. Use any tobacco products while performing their duties. No eating or drinking will be permitted in the vicinity of the computer or printer.

4. Use the government provided radio or computer for anything but official business.

5. Establish any type of animal house, cage, pen, or similar facility for pets or for raising animals.

6. Allow any personal visitors in the vicinity of the entrance station except when they are registering or paying fees. These visitors shall receive no preferential treatment regarding fees, site assignments, or Corps and project policies.

7. Sell unauthorized camping supplies or engage in any type of commercial activity.

8. Accept any gratuities.

9. Store or bring any personal items to the entrance station to use or decorate in the vicinity of the entrance station without prior approval of the Supervisory Ranger.

C.4 Government Provided Items

1. An entrance station will be provided to perform fee collection duties and cannot be used for purposes other than items described in the contract.

2. A log book; a safe for storing money, permits, permit forms and annual day use passes;

America The Beautiful (ATB) Passes; computer equipment to issue permits using the NRRS system; and handout materials including informational pamphlets, copies of Title 36 CFR, and brochures.

3. One hand held radio to communicate with the Rangers and site volunteers.

4. A name tag to identify the contractor employee. The name tag shall be worn and visible at all times.

5. A set of standing instructions for the contractor on the duties of a fee collector in the Fee

Collector’s Handbook.

6. Miscellaneous office supplies (paper, pens, notepads, etc).

7. Keys necessary to operate the entrance station. An appropriate number of keys will be issued to the contractor and signed for at the pre-work orientation and will be returned at the end of each contract period (recreation season). No duplicates of the keys are to be obtained. The contractor will be responsible for the security of all keys in his/her possession and will report any lost, stolen or damaged keys to the Supervisory Ranger immediately.

C.5 Payment and Standards of Conduct

C.5.1 Conformance: Work will be monitored and inspected periodically for conformance with the specifications, and for accuracy and completeness. If satisfactory, payment will be made during the first week of each month after the contractor provides the Supervisory Ranger with a detailed invoice for work performed that month. The contractor and Supervisory Ranger shall meet to discuss the previous month's work performance and an attendant's evaluation form will be completed, reviewed, and discussed at this time.

C.5.2 Competence: The contractor shall be responsible for maintaining satisfactory standards of employee competence, conduct, appearance, integrity, and sobriety, and for taking such disciplinary action with respect to employees as may be necessary.

C.5.3 Corrective Action: The Contracting Officer or designated Contracting Officer’s Representative (COR) may require the contractor to take corrective action for any employee that the Contracting Officer or COR deems incompetent, careless, or otherwise objectionable. The contractor shall be required to affect this directive immediately and without expense to the Government. Any such action under this section shall not relieve the contractor from any and all responsibilities specified under this contract, including, but not limited to, timeliness and quality of performance.

C.5.4 Dismissal: Inappropriate conduct or unbecoming actions on the part of the contractor may be grounds for dismissal of the contractor and termination of the contract. Reference FAR Clause 52.212-4(l). Examples of conduct or actions that may lead to immediate dismissal include, but are not limited to, the following:

a. Consumption of alcoholic beverages or controlled substances while on duty or arriving on duty in an intoxicated or impaired state.

b. Cursing, verbal abuse, or harassment of visitors or Corps personnel, and/ or exhibiting a malicious or hostile attitude.

c. Unwarranted physical contact with visitors, other contractors, or Corps personnel.

d. Lack of cooperation and resistance to implementation of policies and programs as directed by the

Supervisory Ranger or failure to correct deficiencies.

e. Failure by the contractor to provide items and services listed in the contract specifications.

C.5.5 Complaints against Contractor: More than three complaints from the public in one year deemed legitimate by the Contracting Officer or COR regarding rudeness, favoritism, discrimination, bad language, or violations of policies and procedures may be considered grounds for the termination of this contract.

List of Attachments Attachment A: Contractor Questionnaire Attachment B: Sample Fee Collector’s Manual

Attachment A:

CONTRACTOR QUESTIONNAIRE

SOLICITATION NUMBER:

PROJECT TITLE:

PLEASE COMPLETE ALL REQUESTED INFORMATION:

NAME:

STREET ADDRESS:

CITY STATE ZIP

CAGE CODE: TAX ID:

WILL YOU BE PERFORMING THIS WORK?

YES (IF YES, PLEASE SUPPLY EXPERIENCE)

NO (IF NO, PLEASE SUPPLY EXPERIENCE OF EMPLOYEE)

EMPLOYEE NAME:

EXPERIENCE:

JOB TITLE:

DATE WORK PERFORMED:

REFERENCE NAME:

REFERENCE TELEPHONE NUMBER:

EXPERIENCE WITH RESERVE AMERICA – OUTDOOR RECREATION MANAGEMENT SUITE (ORMS)

PROGRAM : YEARS: MONTHS:

ADDITIONAL INFORMATION:

Please return this data sheet along with your quote.

INSTRUCTIONS TO QUOTERS

Please provide all of the following with your quote and send your quote via email (preferred) to John.P.Riederer@USACE.ARMY.MIL or via mail to:

U.S. Army Corps of Engineers Attn: Contracting Division (John Riederer) 180 5th Street East, STE 700 St. Paul, MN 55101

No facsimile quotes will be accepted

1. Acknowledgement of all amendments (if applicable).

2. Signed/dated Standard Form (SF) 1449 with pricing for all line items and a total price.

Incomplete pricing schedules may be rejected..

3. Completed Contractor Questionnaire (Attachment A)

4. Completed provision 52.212-3, Alt. I, “Offeror Representations and Certifications- Commercial Items”. If you are registered in SAM and the information is current you are not required to fill out the provision but you must indicate that your SAM record is current.

5. CAGE code, DUNS number and Tax Identification Number (TIN).

6. Contact information for the individual submitting the quote.

NOTE: IAW FAR 29.3-State and Local Taxes and pursuant to Title 4 of the USC 104-107, the Government is exempt from paying local and state taxes. Exempt Tax Identification Number is:

62-1642142.

Quotes must be received prior to the deadline posted on the solicitation notice on FedBizOpps (www.fbo.gov). Quotes received after the deadline will be considered late, and (with limited exceptions) will not be considered.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 1001 N/A N/A N/A Government 2001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-MAY-2016 TO

30-APR-2017

N/A CROSS LAKE DAM

CORRINE HODAPP

CROSS LAKE RECREATION AREA

35507 COUNTY ROAD 66

CROSS LAKE MN 56442-0036

715-775-5562

PINE

1001 POP 01-MAY-2017 TO

30-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAY-2018 TO

30-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

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

Officials

NOV 2011

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

OCT 2015

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

OCT 2015

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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

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

Price

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

ALTERNATE I (OCT 2014)

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

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

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

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

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

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

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

SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ Black American.

___ Hispanic American.

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

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

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

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

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

(1) Previous contracts and compliance. The offeror represents that --

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

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

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

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

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

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

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

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

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

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

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

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

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

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

Line Item No.: Country of Origin:

[List as necessary]

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

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

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

Other End Products

Line Item No.: Country of Origin:

[List as necessary]

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