W912ES-18-T-0004_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES18T0004 27-Oct-2017

b. TELEPHONE NUMBER

651-290-5614

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 03 Nov 2017

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

W81G6772991403

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

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 B6R0NH4 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

GULL LAKE

CORRINE HODAPP

USACE - GULL LAKE

10867 E GULL LAKE DR. NW

BRAINERD MN 56401-9051

TEL: 651-290-5790 FAX: 218-692-4911

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

212321

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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.

W912ES18T0004

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

Description/Specification/Work Statement (Technical Section)

TABLE OF CONTENTS

PARAGRAPH DESCRIPTION

PART 1 GENERAL

1.1 SCOPE

1.2 RELATED WORK OF OTHER SECTIONS (Not Applicable)

1.3 APPLICABLE PUBLICATIONS

1.4 SUBMITTALS

1.5 MEASUREMENT AND PAYMENT

PART 2 PRODUCTS

2.1 MATERIALS

2.2 SOURCES AND EVALUATION

2.3 TESTS FOR ACCEPTABILITY

2.4 GRADATION TESTING

PART 3 EXECUTION

3.1 SCHEDULE

3.2 COORDINATION

3.3 DELIVERY

SCOPE OF WORK

1. GENERAL.

1.1 SCOPE. This project involves the work necessary to supply and deliver rockfill and other granular fill to the vicinity of the slope failure on the upstream side of the Army Corps of Engineers Gull Lake Dam.

1.2 RELATED WORK OF OTHER SECTIONS (Not Applicable).

1.3 APPLICABLE PUBLICATIONS. The publications listed below form a part of this scope of work to the extent referenced. The publications are referred to in the text by basic designation only.

1. U.S. Army Corps of Engineers, Engineers Manual (EM).

a. EM 385-1-1 Safety and Health Requirements Manual, (30 November 2014).

2. STANDARD SPECIFICATIONS FOR CONSTRUCTION, MINNESOTA DEPARTMENT OF

TRANSPORTATION, 2016 EDITION.

3. ASTM C136: Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates, American Society for Testing and Materials, 2014 Version

1.4 SUBMITTALS.

1.4.1 General. Provide submittals to the Contracting Officer. In order to make the submittal process as efficient as possible, the Contracting Officer's Representative may give verbal response to a submittal followed by the written response at a later date. In this case, the submittal response date will be the date that the verbal response is given. Provide the following submittals:

a. Material Source as specified in PARAGRAPH: SOURCES AND EVALUATION.

b. Method of Processing Riprap as specified in PARAGRAPH: Riprap Processing.

c. Gradation Test Results as specified in PARAGRAPH: GRADATION TESTING.

d. Weighing Operations as specified in PARAGRAPH: Measurement.

e. Delivery Tickets as specified in PARAGRAPH: Measurement.

1.4.2 Submission of Submittals. Send submittals, in electronic form, in ample time to secure approval prior to the time the items covered are to be delivered to the site. Government approval/rejection will be made within 24 hours of submittal receipt.

1.5 MEASUREMENT AND PAYMENT.

1.5.1 Measurement. Weigh material on scales that have been tested by the Department of Weights and Measures or by a reliable scale servicing company so as to operate within a degree of error not greater than 1 percent and to be sensitive to a change in load of 1/5 of 1 percent, both percentages being based on the total required weight of material normally weighed as a unit on the scale. When weighing materials in hauling vehicles, check gross weights and vehicle tare weights as often as the Contracting Officer directs.

1.5.1.1 Perform weighing operations in the presence of a Contracting Officer’s Representative, unless waived. Accompany each material load with duplicate copies of delivery tickets certified by the weighmaster. As a minimum, each ticket shall contain the following information:

(1) Date and time.

(2) Vehicle Number.

(3) Gross Weight.

(4) Vehicle tare weight.

(5) Net weight of riprap.

(6) Material weighed (description of load contents).

(7) Signature of weighmaster.

Consolidate the delivery tickets on a daily basis and provide one copy of each ticket to the Contracting Officer at the close of each day's operations.

1.5.2. Payment. The government will pay for material, based on the tonnage (2,000 pound avoirdupois) of acceptable material delivered as specified to the designated delivery site.

2. PRODUCTS.

2.1 MATERIALS.

2.1.1 Riprap material used to make the rockfill shall be durable, quarried or natural stone, of suitable quality to ensure permanence in the Upper Mississippi River watershed environment. Stone shall be free from cracks, seams and other defects that would unduly increase its deterioration from natural causes.

2.1.2 Specific gravity. All stone shall have a specific gravity of not less than 2.55 and not more than 2.75.

2.1.3 Riprap Shape. Neither the breadth nor thickness of any individual stone shall be less than one-third its length.

2.1.4 Riprap Gradations. The specified rockfill gradation is a blending of R30 riprap and B1 bedding. Grade rockfill within the limits shown on the attached rockfill gradation curves. The stone shall be clean and reasonably free from soil, quarry fines, and shall contain no refuse.

2.1.6 Riprap Processing. Submit for approval the method of processing riprap at each pit or quarry that will preclude the inclusion of fine material or organic matter. Government approval/rejection will be made within 24 hours of submittal receipt. Do not process the material by methods not specifically approved. Process all rock with a vibratory grizzly or by an approved alternate method to insure the exclusion of poor quality rock.

2.1.7 Granular Fill. Deliver granular fill meeting the gradations specified as either “Fine Filter Aggregate” or “Sand Cover” by Minnesota Department of Transportation, STANDARD SPECIFICATIONS FOR CONSTRUCTION 2016 EDITION, Tables 3149-12 or 3149-13. If “Sand Cover” is provided, do not exceed 5% passing No.

200 Sieve Size.

2.2 SOURCES AND EVALUATION.

2.2.1 Obtain material from the sources provided in the attached list; other sources not listed require government geologist investigation and approval through the Contracting Officer prior to use. The government geologist will make such investigations and evaluations as necessary to determine whether or not materials meeting the requirements of this contract can be produced from the proposed source.

2.2.2 The Contractor shall be responsible for making his own investigations for sources of suitable materials and for making his own arrangements with the owners of the quarries or land for procuring the required quantities of suitable materials.

2.2.2.1 Designate and submit for approval, within 3 days after contract award, one source or one combination of material sources. If the Contractor proposes to furnish materials from a source or from sources not listed in the attachment, they may designate only a single source or a single combination of sources.

Government approval/rejection will be made within 24 hours of submittal receipt.

Samples for acceptance testing shall be provided as required by the PARAGRAPH:

TESTS FOR ACCEPTABILITY. If a source for materials so designated by the Contractor is not approved for use by the Contracting Officer, the Contractor may not submit for approval other sources but shall furnish the materials from approved sources selected from the attached list, at no additional cost to the Government.

2.2.2.2 Government approval of a source of materials is not to be construed as approval of all material from that source. The right is reserved by the Government to reject materials from certain localized areas, zones, strata, or channels when such materials are unsuitable as determined by the Government Geologist. Materials produced from an approved source shall meet all of the requirements of this specification.

2.3 TESTS FOR ACCEPTABILITY OF ALTERNATIVE SOURCE MATERIAL.

2.3.1 The government may use quality tests and service records to determine the acceptability of stone materials. In the event suitable test reports and satisfactory service records are not available, as in the case of newly operated sources, the materials may be tested to determine acceptability. Tests to which the materials may be subjected to include petrographic analysis, specific gravity, soundness, abrasion, absorption, freezing and thawing, and other tests considered necessary to demonstrate acceptability. Tests will be made by, or under the supervision of, the Government and at the Government's expense.

2.3.2 Samples. If directed by the Contracting Officer, submit suitable samples of materials for approval prior to delivery to the work site. Samples shall be obtained by the Contractor, in the presence of the Contracting Officer or his designated representative, and delivered at the Contractor's expense to a point designated by the Contracting Officer, or used as a pre-delivery gradation test, at least 3 days in advance of the date that the material is required to be delivered.

2.4 GRADATION TESTING.

2.4.1 General Requirements. Perform gradation tests by the methods and at the frequency listed below. Testing listed herein shall be completed by and at the expense of the Contractor. Submit gradation testing results utilizing the gradation plots the WORKSHEET FOR GRADATION ANALYSIS OF RIPRAP (gradation plots and blank copies of the worksheets are included in the attachments section).

The Contracting Officer will direct the time and location of sampling, unless waived. Inform the Contracting Officer at least 24 hours before each test is performed. Submit the test results of all tests, including failing tests, on the appropriate gradation plots and worksheets immediately.

2.4.2 Test Method A (Rockfill). Test method A shall consist of weighing all stones larger than 5 pounds in a sample. Five to seven weight classes shall be selected within the range of stone sizes. Each stone shall be weighed and recorded on the worksheet for method A. The weight of stones shall be summed for each weight class; after which calculations and a plot of the gradation shall be completed in accordance with accepted practice for soil and aggregate gradations.

2.4.3 Test Method B (Rockfill). Test method B shall consist of separating the stones into 5 to 7 piles, ordered by size. The sample shall be separated on a clean, hard surface that is free of smaller stones that could become mixed with the sample. The stones shall be visually screened to place them into appropriate piles. All stones shall be separated and placed into a pile before weighing.

After separating, the smallest and largest rock in each pile shall be weighed and recorded. The stones shall be adjusted as necessary so that the weight classes do not overlap. After adjustment is adequate and weight classes have been established, each pile of stone shall be weighed and recorded on the worksheet for method B. Calculations and a plot of the gradation shall be completed in accordance with accepted practice for soil and aggregate gradations.

2.4.4 Gradation determination for stones smaller than 5 pounds shall be performed in accordance with ASTM C136 “Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates”. No drying of the sample will be required as allowed by the ASTM for materials containing a minimal amount of material smaller than the #4 sieve. In addition to the reporting requirements included in the test results shall contain the weight of material retained on each sieve.

2.4.5 Scales. Accuracy of scales shall be as required in paragraph:

Measurement.

2.4.5 Testing. A sample shall be obtained from each approved material source or combination of sources for each gradation required and tested in accordance with either method A or B. A satisfactory test shall be obtained from each source or combination of sources for each gradation prior to hauling any riprap from that quarry. All samples shall have a minimum gross weight of 25*W100,max or 3,500 pounds, whichever is less.

2.4.6 Testing Frequency. Provide one gradation test within 5 days of contract award, and one gradation test at conclusion of base bid delivery, prior to delivery of additional split bid material.

2.4.7 Corrective Action. If materials fail to meet gradation or shape requirements, the Contractor shall adjust his operations and verify with necessary tests that acceptable materials are being produced, or he shall propose another source and verify, with necessary tests, that acceptable material can be produced from that source.

3. EXECUTION.

3.1 SCHEDULE. The Contracting Officer will notify the Contractor 3 calendar days in advance of when delivery is to commence. The Contractor shall provide the riprap gradation submittals for approval within 5 days of contract award.

Coordinate delivery schedule with the government in order to deliver the material over the course of the project, as there is limited space to deliver and stockpile the material on site. Commencement of delivery will occur within the month of November, 2017. The project is expected to begin on November 8, 2017 and complete before December. Work will occur over weekends and holidays.

The delivery period at the site shall be within the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday, unless directed otherwise by the Contracting Officer.

3.2 COORDINATION. The Contractor shall not block access to the dam facility or access routes for extended periods of time and shall coordinate delivery with:

Chief Maintenance & Repair: Mr. Christopher Stai Fountain City, WI Phone number: 612-790-2675

3.3 DELIVERY. A representative of the Contracting Officer will direct the Contractor where to unload materials.

3.3.1 Delivery Rate. Once commencement of delivery begins, deliver material at a rate of 100 to 200 tons per day until completed.

3.3.2 Segregation of Material. The plant production and transportation methods used shall not produce a segregated material. The riprap and bedding portions of the rockfill material shall remain thoroughly mixed until delivery on-site.

3.3.3 Load Limits Over Dam. Do not exceed the posted limits for this site without a proper permit from the county. See attached photo:

NOTES TO QUOTER

NOTES TO QUOTER

PLEASE E-MAIL ALL QUESTIONS to John Riederer, Contract Specialist, John.P.Riederer@usace.army.mil

This is a 100% Small Business Set-Aside solicitation.

NAICS Code: 212321 Size Standard: 500 employees

It is preferred that the quote is e-mailed to:

John Riederer, Contract Specialist, John.P.Riederer@usace.army.mil

The offeror may also submit the quote by mail / courier to the following:

USACE – ST PAUL

CONTRACTING DIVISION

ATTN: John Riederer

180 5TH STREET EAST, SUITE 700

ST. PAUL, MN 55101-1678

The preferred format for submitting quotes is completing the first two pages of the solicitation document (SF1449) and the pricing schedule. [Enter the NAME and Address of the business (must match SAM) in block 17a. If your firm offers a discount for prompt payment (e.g. 2% Net 20) enter the terms in block 12. An individual with the authority to legally bind your firm must sign block 30a., print their name and title in 30b., and date in 30c. The price schedule should have a Unit Price, and total Amount for each Item.] OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections with the NAICS code applicable to the solicitation. For assistance with SAM, contact information is below:

SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220, Service desk website: http://www.fsd.gov/

As a component of the U.S. Government, the U.S. Army Corps of Engineers is exempt from Federal, State, and Local taxes, including sales taxes. Please do not include sales tax(es) in quoted price(s). Please Contact John Riederer, Contract Specialist, for the appropriate tax exempt certificate.

Quotes must be RECEIVED no later than the Offer Due Date/Time listed in the FBO.gov solicitation posting.

Quotes received after the deadline are considered late, and may not be considered for award.

Quotes must include specific acknowledgement of all amendments to the solicitation (if any). The preferred method of acknowledgement is to submit a signed copy of the first page of the amendment. Quotes that do not acknowledge amendments may not be considered for award.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

R30 - B1 Graded Rockfill

FFP

R30 - B1 Graded Rockfill, Delivered to site.

NET AMT

http://www.fsd.gov/

0001AA 1,100 Net Ton

(2,000

LB).

R30 - B1 Grade Rock - First 1,100 Tons

R30 - B1 Graded Rockfill, Delivered to Site - First 1,100 Tons FOB: Destination

PURCHASE REQUEST NUMBER: W81G6772991403

0001AB 400 Net Ton

R30 - B1 Grade Rock - Over 1,100 Tons

R30 B-1 Graded Rockfill, Delivered to Site - Quantity exceeding 1,100 Tons

Granular Fill - Delivered to Site

FFP

Contractor shall deliver Granular Fill that is either "Fine Filter Aggregate" or "Sand Cover" as defined by MN DOT Standard Specifications for Construction - 2016 Edition. If "Sand Cover" is provided, do not exceed 5% passing No. 200 Sieve Size

0002AA 90 Net Ton

Granular Fill - First 90 Tons

First 90 tons of Granular Fill delivered to site

0002AB 30 Net Ton

Granular Fill - Over 90 Tons

Granular Fill - Quantity exceeding 90 Tons, delivered to site

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 N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA 30-NOV-2017 1,100 GULL LAKE

CORRINE HODAPP

USACE - GULL LAKE

10867 E GULL LAKE DR. NW

BRAINERD MN 56401-9051

651-290-5790

B6R0NH4

0001AB 30-NOV-2017 400 (SAME AS PREVIOUS LOCATION)

0002 N/A N/A N/A N/A

0002AA 30-NOV-2017 90 GULL LAKE

CORRINE HODAPP

USACE - GULL LAKE

10867 E GULL LAKE DR. NW

BRAINERD MN 56401-9051

651-290-5790

0002AB 30-NOV-2017 30 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 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

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

15 Percent increase 15 Percent decrease This increase or decrease shall apply to Items 0001AA, 0001AB, 0002AA, 0002AB.

(End of clause)

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:

i. Price

ii. Past Performance. Past performance will be evaluated in accordance with Clause 252.213-7000. In the case of a supplier without a record of relevant past performance history in the Past Performance Information Retrieval System-Statistical Reporting (PPIRS-SR) for the Federal supply class (FSC) or product or service code (PSC) of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.

(b) 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 (JAN 2017)

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 located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or https://www.sam.gov/portal confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

http://www.dol.gov/fairpayandsafeworkplaces

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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.

http://www.osha.gov/dcsp/osp/approved_state_plans.html

“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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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

(c) Offerors must complete the following representations when the resulting contract 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— https://www.acquisition.gov/

(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…