W912ES-16-T-0038_-_Leech_Lake_Septic_Services.pdf
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- Leech Lake Septic Services
- Solicitation number
- W912ES-16-T-0038
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This is a combined synopsis/solicitation for commercial items/services prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation quotations are being requested and a separate written request for quotations will not be issued. This requirement is for Septic Services at the Leech Lake Dam and Recreation Area located near Federal Dam Minnesota in Cass County MN. The contractor shall.
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SEE ADDENDUM
(No Collect Calls)
W912ES-16-T-0038 29-Jan-2016
b. TELEPHONE NUMBER
651-290-5406
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 22 Feb 2016
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912ES9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
LAURA D NABITY
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
W81G6760125554
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 EAST
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 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
SIZE STANDARD:
$7.5 M
NAICS:
562991
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.
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF67
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.
W912ES-16-T-0038
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 15 Each Fish Tank Septic Service - Base Year
FFP
Leech Lake Dam and Rec. Area Septic Service - Fish Tank Septic Pumping Service. Holds approximatlely 1,200 Gallons. Base Year Performance Period 01 APRIL 2016 - 31 MARCH 2017 with actual on-site Period of Performance April 01 through October 31, 2016.
FOB: Destination
MILSTRIP: W81G6760125554
PURCHASE REQUEST NUMBER: W81G6760125554
NET AMT
0002 3 Each Vault Toilets Septic Svc - Base Year
FFP
Leech Lake Dam and Rec. Area Septic Service - Vault Toilets - each tank holds approximatlely 1,200 Gallons. Pump contents. Backfill each tank with 800 gallons clean water. Base Year Performance Period 01 APRIL 2016 - 31 MARCH 2017 with actual on-site Period of Performance April 01 through October 31, 2016.
FOB: Destination
0003 1 Each Office Septic Tank - Base yr
FFP
Leech Lake Dam and Rec. Area Septic Service - Office Tank Septic Pumping Service. Holds approximatlely 1,200 Gallons. Base Year Performance Period 01 APRIL 2016 - 31 MARCH 2017 with actual on-site Period of Performance April 01 through October 31, 2016.
FOB: Destination
0004 12,000 Gallon STP & Lift Station - Base yr
FFP
Leech Lake Dam and Rec. Area Septic Service - Sewage Treatment Plant (STP) and Lift Station Manhole Septic Pumping Service. Holds approximatlely 12,000 Gallons. Base Year Performance Period 01 APRIL 2016 - 31 MARCH 2017 with actual on-site Period of Performance April 01 through October 31, 2016.
FOB: Destination
0005 2,000 Gallon STP Seed - Base yr
FFP
Leech Lake Dam and Rec. Area Septic Service - Healthy "Seed Sludge" for Sewage Treatment Plant (STP). Approximatlely 2,000 Gallons of seed. Base Year Performance Period 01 APRIL 2016 - 31 MARCH 2017 with actual on-site Period of Performance April 01 through October 31, 2016.
FOB: Destination
1001 15 Each Fish Tank Septic Service - Option 1
FFP
Leech Lake Dam and Rec. Area Septic Service - Fish Tank Septic Pumping Service. Holds approximatlely 1,200 Gallons. Option Year #1 Performance Period 01 APRIL 2017 - 31 MARCH 2018 with actual on-site Period of Performance April 01 through October 31, 2017.
FOB: Destination
1002 3 Each Vault Toilets Septic Svc - Option 1
FFP
Leech Lake Dam and Rec. Area Septic Service - Vault Toilets - each tank holds approximatlely 1,200 Gallons. Pump contents. Backfill each tank with 800 gallons clean water. Option Year #1 Performance Period 01 APRIL 2017 - 31 MARCH 2018 with actual on-site Period of Performance April 01 through October 31, 2017.
1003 1 Each Office Septic Tank - Option 1
FFP
Leech Lake Dam and Rec. Area Septic Service - Office Tank Septic Pumping Service. Holds approximatlely 1,200 Gallons. Option Year #1 Performance Period 01 APRIL 2017 - 31 MARCH 2018 with actual on-site Period of Performance April 01 through October 31, 2017.
1004 12,000 Gallon STP & Lift Station - Option 1
FFP
Leech Lake Dam and Rec. Area Septic Service - Sewage Treatment Plant (STP) and Lift Station Manhole Septic Pumping Service. Holds approximatlely 12,000 Gallons. Option Year #1 Performance Period 01 APRIL 2017 - 31 MARCH 2018 with actual on-site Period of Performance April 01 through October 31, 2017.
1005 2,000 Gallon STP Seed - Option 1
FFP
Leech Lake Dam and Rec. Area Septic Service - Healthy "Seed Sludge" for Sewage Treatment Plant (STP). Approximatlely 2,000 Gallons of seed. Option Year #1 Performance Period 01 APRIL 2017 - 31 MARCH 2018 with actual on-site Period of Performance April 01 through October 31, 2017.
2001 15 Each Fish Tank Septic Service - Option 2
FFP
Leech Lake Dam and Rec. Area Septic Service - Fish Tank Septic Pumping Service. Holds approximatlely 1,200 Gallons. Option Year #2 Performance Period 01 APRIL 2018 - 31 MARCH 2019 with actual on-site Period of Performance April 01 through October 31, 2018.
2002 3 Each Vault Toilets Septic Svc - Option 2
FFP
Leech Lake Dam and Rec. Area Septic Service - Vault Toilets - each tank holds approximatlely 1,200 Gallons. Pump contents. Backfill each tank with 800 gallons clean water. Option Year #2 Performance Period 01 APRIL 2018 - 31 MARCH 2019 with actual on-site Period of Performance April 01 through October 31, 2018.
2003 1 Each Office Septic Tank - Option 2
FFP
Leech Lake Dam and Rec. Area Septic Service - Office Tank Septic Pumping Service. Holds approximatlely 1,200 Gallons. Option Year #2 Performance Period 01 APRIL 2018 - 31 MARCH 2019 with actual on-site Period of Performance April 01 through October 31, 2018.
2004 12,000 Gallon STP & Lift Station - Option 2
FFP
Leech Lake Dam and Rec. Area Septic Service - Sewage Treatment Plant (STP) and Lift Station Manhole Septic Pumping Service. Holds approximatlely 12,000 Gallons. Option Year #2 Performance Period 01 APRIL 2018 - 31 MARCH 2019 with actual on-site Period of Performance April 01 through October 31, 2018.
2005 2,000 Gallon STP Seed - Option 2
FFP
Leech Lake Dam and Rec. Area Septic Service - Healthy "Seed Sludge" for Sewage Treatment Plant (STP). Approximatlely 2,000 Gallons of seed. Option Year #2 Performance Period 01 APRIL 2018 - 31 MARCH 2019 with actual on-site Period of Performance April 01 through October 31, 2018.
3001 15 Each Fish Tank Septic Service - Option 3
FFP
Leech Lake Dam and Rec. Area Septic Service - Fish Tank Septic Pumping Service. Holds approximatlely 1,200 Gallons. Option Year #3 Performance Period 01 APRIL 2019 - 31 MARCH 2020 with actual on-site Period of Performance April 01 through October 31, 2019.
3002 3 Each Vault Toilets Septic Svc - Option 3
FFP
Leech Lake Dam and Rec. Area Septic Service - Vault Toilets - each tank holds approximatlely 1,200 Gallons. Pump contents. Backfill each tank with 800 gallons clean water. Option Year #3 Performance Period 01 APRIL 2019 - 31 MARCH 2020 with actual on-site Period of Performance April 01 through October 31, 2019.
3003 1 Each Office Septic Tank - Option 3
FFP
Leech Lake Dam and Rec. Area Septic Service - Office Tank Septic Pumping Service. Holds approximatlely 1,200 Gallons. Option Year #3 Performance Period 01 APRIL 2019 - 31 MARCH 2020 with actual on-site Period of Performance April 01 through October 31, 2019.
3004 12,000 Gallon STP & Lift Station - Option 3
FFP
Leech Lake Dam and Rec. Area Septic Service - Sewage Treatment Plant (STP) and Lift Station Manhole Septic Pumping Service. Holds approximatlely 12,000 Gallons. Option Year #3 Performance Period 01 APRIL 2019 - 31 MARCH 2020 with actual on-site Period of Performance April 01 through October 31, 2019.
3005 2,000 Gallon STP Seed - Option 3
FFP
Leech Lake Dam and Rec. Area Septic Service - Healthy "Seed Sludge" for Sewage Treatment Plant (STP). Approximatlely 2,000 Gallons of seed. Option Year #3 Performance Period 01 APRIL 2019 - 31 MARCH 2020 with actual on-site Period of Performance April 01 through October 31, 2019.
4001 15 Each Fish Tank Septic Service - Option 4
FFP
Leech Lake Dam and Rec. Area Septic Service - Fish Tank Septic Pumping Service. Holds approximatlely 1,200 Gallons. Option Year #4 Performance Period 01 APRIL 2020 - 31 MARCH 2021 with actual on-site Period of Performance April 01 through October 31, 2020.
4002 3 Each Vault Toilets Septic Svc - Option 4
FFP
Leech Lake Dam and Rec. Area Septic Service - Vault Toilets - each tank holds approximatlely 1,200 Gallons. Pump contents. Backfill each tank with 800 gallons clean water. Option Year #4 Performance Period 01 APRIL 2020 - 31 MARCH 2021 with actual on-site Period of Performance April 01 through October 31, 2020.
4003 1 Each Office Septic Tank - Option 4
FFP
Leech Lake Dam and Rec. Area Septic Service - Office Tank Septic Pumping Service. Holds approximatlely 1,200 Gallons. Option Year #4 Performance Period 01 APRIL 2020 - 31 MARCH 2021 with actual on-site Period of Performance April 01 through October 31, 2020.
4004 12,000 Gallon STP & Lift Station - Option 4
FFP
Leech Lake Dam and Rec. Area Septic Service - Sewage Treatment Plant (STP) and Lift Station Manhole Septic Pumping Service. Holds approximatlely 12,000 Gallons. Option Year #4 Performance Period 01 APRIL 2020 - 31 MARCH 2021 with actual on-site Period of Performance April 01 through October 31, 2020.
4005 2,000 Gallon STP Seed - Option 4
FFP
Leech Lake Dam and Rec. Area Septic Service - Healthy "Seed Sludge" for Sewage Treatment Plant (STP). Approximatlely 2,000 Gallons of seed. Option Year #4 Performance Period 01 APRIL 2020 - 31 MARCH 2021 with actual on-site Period of Performance April 01 through October 31, 2020.
STATEMENT OF WORK
STATEMENT OF WORK (SOW)
| SEPTIC | SERVICES | ‐ | SEWAGE | PUMPING, | HAULING | AND | DISPOSAL | |
| AND | RELATED | WORK | for | LEECH | LAKE | DAM | RECREATION | AREA. |
FEDERAL DAM, MN (CASS COUNTY)
B‐1. GENERAL.
| B‐1.1. | Scope | of | Work. | The | work | to | be | performed | under | this | contract | consists | of | ||
| furnishing | all | plant, | materials, | equipment, | supplies, | labor, | supervision, | training, | and | ||||||
| transportation, | and | performing | all | work | as | required | by | this | scope | of | work | of | the | contract, | |
| in | strict | accordance | with | the | specifications, | all | of | which | are | made | part | hereof. | All | work | |
| materials, | expenses, | and | services | not | expressly | called | for | in | the | specifications | or | shown | on | ||
| the | drawings | but | which | are | necessary | for | completion | of | the | contract | requirements | shall | be | ||
| performed | and | furnished | by | the | Contractor | at | no | additional | cost | to | the | Government. |
| The | work | site | is | located | at | U.S. | Army | Corps | of | Engineers, | Leech | Lake | Recreation | Area, |
| Federal | Dam, | Minnesota. |
| The | following | is | a | summary | list | of | the | septic | pumping | required | under | this | contract | with | |
| estimated | quantities | needed | per | year | (with | actual | performance | of | 1 | April | to | 31 | October). | A | |
| detailed | description | of | the | each | required | service | is | in | paragraph | B‐1.2 | of | this | scope. |
1 Fish Tank, holds approximately 1,200 Gallons (Estimated number of services - 15 )
3 Vault Toilets, each tank holds approximately 1,200 Gallons, and backfill each with 800 gallons of clean water (Estimated number of services – 1 each)
1 Office Septic Tank, holds approximately 1,200 Gallons
(Estimated number of services – 1)
STP (Sewage Treatment Plant) & Lift Station (Biosolids) (Estimated number of gallons - 12,000)
Seed for STP (Biosolids) (Estimated number of gallons - 2,000)
B‐1.2. Services.
| B‐1.2.1. | General. | The | Contractor | must | comply | with | all | applicable | federal, | state, | local | and | |||
| municipal | laws, | regulations | and | requirements, | and | all | industry | standards/references. | The | ||||||
| contractor | must | be | licensed | by | the | state | of | Minnesota | and | must | provide | a | copy | of | all |
| needed | licenses | and | certificates | for | Sewage | (septage | and | biosolids) | Pumping | Services | and | ||||
| Disposal | services | in | accordance | with | all | EPA | (United | States | Environmental | Protection | |||||
| Agency), | MPCA | (Minnesota | Pollution | Control | Agency), | Cass | County, | and | all | other | applicable | ||||
| regulations, | laws, | ordinances. | The | contractor | must | follow | EPA’s | 503 | Standards | for | disposal | ||||
| of | Biosolids. | Also, | seed | sludge | containing | live, | healthy | bacteria | will | be | obtained | by | the | ||
| contractor | from | an | approved | municipal | WWTF | (Wastewater | Treatment | Facility) | when | ||||||
| directed, | delivered, | and | pumped | into | the | Corps | Owned | Sewage | Treatment | Plant | for | ||||
| “seeding” | healthy | bacteria. | Exact | pumping | locations | within | the | park | will | be | provided | by | |||
| the | Park | Manager. | A | site | map | is | attached | for | general | reference. | Exact | quantities, | |||
| scheduling, | etc. | will | vary | in | accordance | with | park | use. | Contractor | will | only | be | paid | for | |
| actual | services | rendered. | The | Corps | of | Engineers | will | provide | odor | eliminating | tank | ||||
| additives | where | required. |
| B‐1.2.2. | One | ‐ | Fish | Waste | Septic | Tank | holds | approximately | 1, | 200 | Gallons. | The | unit | of | |||
| measure | for | this | facility | is | each | (EA) | meaning | that | the | contractor | will | quote | and | be | paid | for | |
| “Each” | pumping | for | this | tank. | The | estimated | number | of | pumping | services | needed | annually | |||||
| for | this | tank | is | 15 | or | less. | All | contents | must | be | removed, | hauled, | and | disposed. | After | ||
| contents | have | been | removed, | the | tank | must | be | cleaned | in | accordance | with | MPCA | and | Cass | |||
| County | regulations. | The | tank | is | connected | to | a | fish | cleaning | facility | and | is | designed | to | hold | ||
| ground | fish | solids | and | allow | liquids | to | eventually | reach | the | Corps | owned | Sewage | |||||
| Treatment | Plant. | This | tank | will | contain | a | mixture | of | water, | liquid, | and | fish | waste. |
| B‐1.2.3. | Three | ‐ | Vault | Toilet | Tanks, | each | tank | holds | approximately | 1,200 | Gallons. | |||||||
| The | unit | of | measure | for | these | facilities | is | each | (EA) | meaning | that | the | contractor | will | quote | |||
| and | be | paid | for | “Each” | pumping | per | tank. | It’s | estimated | that | these | three | tanks | will | each | be | ||
| pumped | once | over | the | work | period. | All | contents | must | be | removed, | hauled, | and | disposed. | |||||
| After | removal | of | contents, | the | tank | must | be | cleaned | in | accordance | with | MPCA | and | Cass | ||||
| County | regulations. | Public | users | may | throw | trash | into | the | pits. | After | cleaning | the | ||||||
| contractor | must | furnish | and | fill | each | tank | with | approximately | 800 | gallons | of | fresh | water; | |||||
| up | to | the | respective | baffles. | The | US | Army | Corps | of | Engineers | will | provide | odor | eliminating | ||||
| additives | to | the | contractor. | The | contractor | must | add | and | thoroughly | mix | these | odor | ||||||
| eliminating | additives | to | each | tank | during | the | fresh | water | backfilling | process. |
| B‐1.2.4. | One | ‐ | Office | Septic | Tank, | holds | approximately | 1,200 | gallons. | The | unit | of | ||||
| measure | for | this | facility | is | each | (EA) | meaning | that | the | contractor | will | quote | and | be | paid | for |
| “Each” | pumping | of | this | tank. | The | estimated | number | of | pumping | services | needed | annually | ||||
| for | this | tank | is | 1. | All | contents | must | be | removed, | hauled, | and | disposed. | After | removal | of | |
| content, | the | tank | must | be | cleaned | in | accordance | with | MPCA | and | Cass | County | regulations. |
| B‐1.2.5. | Biosolids | from | the | Sewage | Treatment | Plant | (STP) | and | Lift | Station | Manhole. | ||||||
| The | unit | of | measure | is | gallon | (GL) | meaning | that | the | contractor | will | quote | and | be | paid | for | |
| “Gallons” | pumped. | The | estimated | number | of | gallons | to | be | pumped | annually | is | 12,000 | or | ||||
| less | but | there | is | no | guarantee | that | the | quantity | will | reach | the | estimate. | The | STP | is | an | above |
| ground | facility | that | operates | seasonally. | Partial | or | full | pumping | may | be | required | ||||||
| periodically | during | months | when | in | operation, | and/or | during | fall | shut | down. | The | lift | |||||
| station | man | hole | is | the | collection | point | for | waste | generated | from | various | facilities | in | the | |||
| park | which | then | pumps | the | contents | to | the | STP. | Lift | station | man | hole | pumping | may | be | ||
| required | due | to | unpredictable | circumstances. |
| B‐1.2.6. | Sewage | Treatment | Plant | (STP) | Seed. | The | unit | of | measure | for | this | facility | is | |||
| gallon | (GL) | meaning | that | the | contractor | will | quote | and | be | paid | for | “Gallons” | supplied | and | ||
| delivered. | The | estimated | number | of | gallons | of | seed | sludge | required | annually | for | this | ||||
| facility | is | 2,000 | gallons | at | the | beginning | of | the | season | prior | to | start‐up | of | the | STP. | The |
| contractor | will | be | notified | by | the | Corps | when | to | deliver | the | seed | sludge. | The | contractor | ||
| must | obtain | the | seed | from | an | approved | municipal | WWTF. |
| B‐1.3. | Disposal. | The | Corps | of | Engineers | does | not | provide | a | disposal | site. | The | hauling | and | |||
| disposal | will | be | at | the | expense | of | the | contractor | and | must | be | included | in | the | unit | price | |
| listed | on | the | SCHEDULE | of | the | contract. | All | waste | must | be | handled | in | accordance | with | all | ||
| applicable | laws | and | regulations. | The | contractor | must | follow | EPA’s | 503 | Standards. | |||||||
| Required | submittals | regarding | this | waste | are | discussed | in | paragraph | B‐1.5 | and | B‐1.6 | of | |||||
| this | document. |
| B‐1.4. | Description | and | Location. | Leech | Lake | Dam | and | Recreation | Area | is | located | |||||||
| adjacent | to | the | town | of | Federal | Dam | in | Cass | County, | Minnesota. | It | is | off | of | County | Road | 8, | |
| twelve | miles | North | of | State | Hwy | 200, | and | eight | miles | South | of | State | Hwy | 2. |
| B‐1.5. | Documents | and | Submittals. | The | contractor | must | submit | hard | copy | documentation | |||
| regarding | liability | insurance, | MPCA | and | other | certifications/licenses | for | hauling/handling | |||||
| wastes, | and | disposal | locations, | including | maps, | drawings, | site | investigations | and | required | |||
| certifications | for | land | disposal | of | waste | in | accordance | with | EPA’s | 503 | Standards. | These | |
| documents | include | the | ACORD | Certificate | of | Liability | Insurance, | Cass | County | Certification, | |||
| MPCA | Certification, | and | the | land | disposal | site | approval | document | and | certification. | The | ||
| disposal | site | document | must | show | the | location | (address | or | GPS | coordinates) | of | the | site. |
| The | contractor | must | also | submit | the | name | and | location | (which | WWTF) | from | where | they |
| will | be | purchasing | the | seed | sludge | and | obtain | approval | from | the | Park | Manager | before |
| purchase. | Failure | to | provide | sufficient | documentation | with | quote | documents | to | prove | |||
| environmental | regulation | compliance | will | disqualify | the | quote | from | being | accepted | for |
award.
| B‐1.6. | Pre‐work | Meeting. | ||||||||||||||
| Prior | to | commencement | of | work, | the | contractor | must | schedule | a | pre‐work | meeting | with | ||||
| the | Park | Manager | to | discuss | site | conditions. | During | the | meeting, | the | contractor | must | re‐ | |||
| submit | the | hard | copy | documents | (discussed | above | in | “Documents | and | Submittals”) | to | the | ||||
| Park | Manager. | These | documents | must | be | kept | on | file | at | Leech | Lake | Dam | as | required | by | |
| Corps | of | Engineer | Regulations. | In | addition | the | contractor | must | submit | in | writing | their | ||||
| contact | information. |
| B‐1.7. | Contract | Period | and | Work | Schedule. | The | on‐site | services | listed | herein | shall | be | ||
| performed | during | the | term | of | contract. | The | base | year | and | each | option | year | performance | |
| period | will | run | 01April | through | 31 | March | of | each | year. | The | actual | on‐site | period | of |
| performance | is | 01 | April | through | 31 | October | of | each | year. | Service | hours | are | Monday | |
| through | Friday | 8:00 | am | to | 5:00 | pm. |
| o Base | Period: | 1 | April | 2016 | to | 31 | March | 2017 |
| (On‐site | Performance | period | 1 | April | to | 31 | October | 2016). |
| o Option | Year | #1: | 1 | April | 2017 | to | 31 | March | 2018 |
| (On‐site | Performance | period | 1 | April | to | 31 | October | 2017). |
| o Option | Year | #2: | 1 | April | 2018 | to | 31 | March | 2019 |
| (On‐site | Performance | period | 1 | April | to | 31 | October | 2018). |
| o Option | Year | #3: | 1 | April | 2019 | to | 31 | March | 2020 |
| (On‐site | Performance | period | 1 | April | to | 31 | October | 2019). |
| o Option | Year | #4: | 1 | April | 2020 | to | 31 | March | 2021 |
| (On‐site | Performance | period | 1 | April | to | 31 | October | 2020). |
| B‐1.8. | Authorized | Personnel | to | Order | Services. | The | Contractor | will | be | contacted | |||||||
| directly | by | the | Park | Manager | or | an | official | designee | when | services | are | required. | It | will | be | a | |
| violation | of | this | contract | for | the | contractor | to | accept | orders | for | services | from | anyone | other | |||
| than | the | Park | Manager | or | official | designee. | A | list | of | authorized | designees | will | be | provided | |||
| to | the | contractor | during | the | pre‐work | meeting. |
| B‐1.9. | Contractor | Response | Time. | Corps | of | Engineers | Park | Manager | will | make | every | |||||
| attempt | to | provide | as | much | lead | time | as | possible. | The | contractor | must | reasonably | be | able | ||
| to | complete | pumping | services | within | five | days | of | being | contacted | unless | verbal | consent | is | |||
| given | by | the | Park | Manager | to | allow | for | more | lead | time | for | the | contractor. | However, | an | |
| urgent | situation | might | arise | where | a | rapid | response | is | required | for | needed | service(s). | A | 24 | ||
| hour | reply | would | be | required | under | an | urgent | situation. | An | example | would | be | a | |||
| mechanical | failure | or | unexpected | high | volume | park | use. | The | contractor | must | be | aware | ||||
| that | instances | of | mechanical | failure | or | other | unexpected | park | use | might | create | an | urgent | |||
| situation | where | a | rapid | response | is | required. |
| B‐1.10. | Daily | Waste | Manifests. | The | Contractor | shall | complete | daily | waste | manifests | |||||
| when | contract | services | are | performed. | The | waste | manifest(s) | must | be | furnished | to | the | |||
| Park | Manager | at | the | end | of | each | day | when | services | are | performed. | The | daily | waste |
| manifest(s) | must | indicate | the | date, | facility | name, | location | and | name | where | pumping | was | |
| performed, | MPCA | classification | of | the | waste, | quantity | of | gallons | pumped, | and | disposal | ||
| location. | The | manifest(s) | may | be | hand | delivered, | faxed | to | 218‐654‐3146, | or | emailed | to | |
| timm.v.rennecke@usace.army.mil. | The | daily | manifest | will | be | used | to | verify | services | ||||
| received | and | to | compare | to | services | billed | on | the | monthly | invoice. |
| B‐1.11. | Payment. | Contractor | will | be | paid | for | actual | services | performed. | At | the | beginning | ||||
| of | the | month, | the | contractor | must | submit | a | monthly | invoice | that | itemizes | each | service | |||
| performed | during | the | previous | month. | Each | monthly | invoice | must | break | down | the | |||||
| corresponding | unit | cost | and | total | cost | of | each | service | performed. | Charges | on | the | monthly | |||
| invoice | must | match | the | daily | waste | manifests | submitted | to | the | Park | Manager | during | the | |||
| previous | month. |
| B‐1.12. | Damage | to | Government | Buildings, | Equipment, | and | Vegetation. | The | |||||||
| Contractor | shall | be | responsible | for | notifying | the | Park | Manager | of | any | apparent | damage | to | ||
| Government | buildings, | equipment, | vegetation | and | natural | features | that | are | related | to | the | ||||
| work | under | this | contract. | The | contractor | shall | notify | the | Park | Manager | within | 24 | hours | of | |
| discovery | of | damages | and | is | responsible | to | repair | or | replace | any | damage | they | caused | at | no |
| cost | to | the | government. |
| B‐1.13. | Safety. | All | work | shall | be | performed | in | accordance | with | the | Corps | of | Engineers | ||
| Safety | and | Health | Manual, | EM‐385‐1‐1. | A | copy | of | this | manual | is | available | at: |
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_
| 385‐1‐1.pdf. The | contractor | will | be | responsible | to | prevent | the | visiting | public | from | entering |
| work | zones | where | safety | hazards | are | present. |
| B‐1.14. | 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 | Park | Manager | within | 24 | hours | of | discovery. |
| B.1.15. | Lost | and | Found. | Any | items | of | value | found | on | Government | property | shall | be | given | ||
| to | the | Park | Manager | within | 24 | hours. |
B‐2. TERMINATION.
| B‐2.1. | Contract | Termination. | Failure | of | the | Contractor | to | provide | items | and | services | |||
| listed | in | the | contract | specifications | or | Statement | of | Work | will | be | grounds | for | dismissal | and |
| termination | according | to | the | Federal | Acquisition | Regulations. |
B‐3. DEBARMENT.
| B‐3.1. | The | contractor | may | not | terminate | the | contract. | Failure | to | comply | with | contract |
| specifications, | fraudulent, | criminal, | or | other | seriously | improper | conduct | of | the | contractor | ||
| or | an | individual | associated | with | the | contractor, | may | be | grounds | for | suspension | or |
| debarment | for | a | period | of | time | not | to | exceed | 3 | years. | Acceptance | of | the | contract | shall | be |
| evidence | of | such | knowledge, | approval, | or | acquiescence | of | all | contract | specifications. |
B‐4. CONTACT INFORMATION AND SITE VISITS.
| B‐4.1. | Contact | Information. | Contractors | are | encouraged | to | inspect | the | site | before | |
| quoting. | For | questions | or | to | schedule | a | site | visit | contact: |
| Timm | Rennecke, | Park | Manager | ||||
| US | Army | Corps | of | Engineers, | Leech | Lake | Dam |
| 01217 | Federal | Dam | Dr | NE | |||
| Federal | Dam, | MN | 56641 | ||||
| Telephone: | 218‐654‐3145 | ||||||
| Fax: | 218‐654‐3146 |
B‐5. PARK MAP.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-APR-2016 TO
31-MAR-2017
N/A N/A
0002 POP 01-APR-2016 TO
31-MAR-2017
0003 POP 01-APR-2016 TO
0004 POP 01-APR-2016 TO
0005 POP 01-APR-2016 TO
1001 POP 01-APR-2017 TO
31-MAR-2018
1002 POP 01-APR-2017 TO
1003 POP 01-APR-2017 TO
1004 POP 01-APR-2017 TO
1005 POP 01-APR-2017 TO
2001 POP 01-APR-2018 TO
31-MAR-2019
2002 POP 01-APR-2018 TO
2003 POP 01-APR-2018 TO
2004 POP 01-APR-2018 TO
2005 POP 01-APR-2018 TO
3001 POP 01-APR-2019 TO
31-MAR-2020
3002 POP 01-APR-2019 TO
3003 POP 01-APR-2019 TO
3004 POP 01-APR-2019 TO
3005 POP 01-APR-2019 TO
4001 POP 01-APR-2020 TO
31-MAR-2021
4002 POP 01-APR-2020 TO
4003 POP 01-APR-2020 TO
4004 POP 01-APR-2020 TO
4005 POP 01-APR-2020 TO
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-11 Ozone-Depleting Substances MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.203-7996 (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 252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.000-4110 INVOICE ADDRESS – SUPPLY/SERVICE
Submit invoices to:
U.S. Army Corps of Engineers, Leech Lake Dam Timm Rennecke, Park Manager 01217 Federal Dam Dr NE
Federal Dam, MN 56641
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
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:
The Government will award a contract resulting from this solicitation to the responsible contractor whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered.
Award will be made to the lowest priced technically acceptable offer.
(i) Technical capability of the items and service quoted to meet the Government’s requirement. In order for the offer to be considered technically acceptable, the Government will make a determination of technical acceptability by evaluating the following:
The contractor must submit hard copy documentation regarding MPCA and other certifications/licenses for hauling/handling wastes, and disposal locations, including maps, drawings, site investigations and required certifications for land disposal of waste in accordance with EPA’s 503 Standards.
The contractor must submit for approval information regarding where seed sludge will be obtained.
Failure to provide sufficient documentation with the offer documents to prove environmental regulation compliance will disqualify the offer from being accepted for award.
(ii) Price inclusive of 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; evaluation of options shall not obligate the Government to exercise the option(s) if applicable.
(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.
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