B.08.02 Combined Synopsis-Solicitation 23Q0007.pdf
PDF 413 KB Posted
- Solicitation number
- W912GB23Q0007
- Issued by
-
Department of the Army European Command
About this file
This is a combined synopsis/solicitation issued by the Department of the Army European Command for installation of a ventilation system at Building 3060 in Grafenwoehr, Germany. The solicitation requests quotes for purchase and installation of a wood chip ventilation system to serve three existing wood cutting machines and provide capacity for one additional future machine. The system must include vent pipes, a main ventilation unit, motorized butterfly valves, flow regulators, round suction ducting, an extraction fan, fire dampers, smoke detectors, an exhaust system with storage tank and briquette press, supply air return with grille, and a switch/control cabinet integrated with the building automation system. Quotes are due by September 20, 2023 at 10:00 CEST and must include pricing using the provided price schedule, a technical approach and schedule, and past performance information. The award will be made to the responsible offeror providing the best value based on technical approach, schedule, and price.
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| B.08.02 Amendment 001.pdf | ||
| B.08.02 Past Performance Questionnaire.pdf |
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COMBINED SYNOPSIS/SOLICITATION
W912GB23Q0007
ISB-23-0369, Install Ventilation System Bldg 3060
Grafenwoehr, Germany
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
W912GB23Q0007 Install Ventilation System Bldg 3060 Grafenwoehr, Germany is hereby issued as a Request for
Quotation (RFQ).
The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition
Circular 2022-05.
This solicitation is unrestricted (full and open competition) under the NAICS Code 335220 Commercial and Service
Industry Machinery Manufacturing All prospective quoters must be registered in the System for Award
Management (SAM) at www.sam.gov prior to submission of quotes to be eligible for award. Lack of SAM registration will make a quoter ineligible for award.
The Government request quotes for the following item(s) (See Statement of Work for more details):
Table 1 Price Schedule
Supplies/ Services will be inspected/accepted at:
Table 2.
CLIN No. INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
Provisions 52.212-1, Instructions to Offerors – Commercial Products and Services, 52.212-2, Evaluation --
Commercial Items, and 52.212- 4, Contract Terms and Conditions -- Commercial Items apply to this acquisition along with any listed addenda to the provisions.
Quoters with technical inquiries and any other questions shall submit their inquiries via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. The deadline for submitting technical inquiries is 14 September 2023. The project number is: W912GB23Q0007. The bidder inquiry key is: 2RWXX7-PJYCVR
Quoters are requested to review this combined synopsis/solicitation in its entirety and review the Bidder Inquiry
System for answers to questions prior to submission of a new inquiry. The Government reserves the right to decline addressing certain questions. Further, no questions, unless in the Government’s interest, will be answered any later
CLIN No.
Description
Quantity
Unit
Amount
(Euros)
0001 Install Ventilation System 1 Job
TOTAL
http://www.sam.gov/ http://www.projnet.org/projnet than 7 calendar days prior to the stated deadline for quotes. All quoters are encouraged to register on ProjNet for alerts to stay abreast of Q&A’s that are posted in reference to this Solicitation. Only self-registered users on ProjNet can submit and review inquiries. To self-register, go to the webpage, click BID tab, select Bidder Inquiry, select agency
USACE, enter the key for this Solicitation listed above, and your email address. After initial login, enter all the required information to create your user ID. Verify the information on the next screen and from there you may submit and view inquiries. Those submitting inquiries will receive a system generated email notification when their inquiry has been processed and answered. It is the quoter’s responsibility to monitor for inquiries and responses.
Quoters shall include a completed copy of the provision at 52.212-3, Offeror Representations and
Certifications -- Commercial Items. For quoters with a current registration in the System for Award
Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.
Quote Submissions: Quotes are due no later than 20 September 2023 at 10:00 hours Central European Summer
Time (CEST). Quoters are responsible for verifying receipt of their quotes to this office before the quote due date and time.
Quotes shall be emailed to the Contract Specialist, Veronica Vogler, at veronica.t.vogler@usace.army.mil and the Contract Officer, Shawna West, at shawna.m.west@usace.army.mil.
52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021) – ADDENDUM
Quotes shall include the following:
1. Company Name:
2. Address / Telephone No.:
3. NCAGE/Cage Code (or DUNS, both from SAM):
4. Point of Contact – Name, Phone, Email:
5. Quote – Enter the information on the Table 1 Price Schedule
6. Evaluation submittals per 52.212-2 (below):
1. Technical Approach & Schedule submittal
2. Past Performance submittal
NOTE: A quote failing to provide all of the required elements of 5. and 6. above may not be considered, therefore, quoters are encouraged to read FAR 52.212-2 carefully to ensure its quote is complete prior to submitting.
52.212-2 EVALUATION - COMMERCIAL PRODUCTS AND COMMERICAL SERVICES (NOV 2021)
(a) The Government will award a purchase order resulting from this solicitation to the responsible quoter, whose quote conforming to the solicitation, represents the best value to the Government, non-price and price factors considered.
Quotations will be evaluated using the following factors:
mailto:veronica.t.vogler@usace.army.mil mailto:shawna.m.west@usace.army.mil
1. Technical Approach & Schedule – The quoter shall submit a technical approach describing the approach to be used to accomplish the project objectives as stated in the SOW to include both equipment procurement and installation, plan to obtain base access, and plan to coordinate with other contractors who may be present in the general vicinity of the work- site during installation. The technical approach should include a list of the proposed equipment to be used, to include make, model, size, and power requirements. The quoter shall submit an estimated schedule based on the requirements of the SOW with greater consideration to schedules that beat the requested period of performance, as well as the approach to meet these schedule requirements.
Evaluation Methodology:
Exceptional: The quoter will receive a rating of Exceptional for a quote that meets or exceeds the project objectives, and provides a schedule that is less than what is stated as the baseline in the SOW.
Acceptable: The quoter will receive a rating of Acceptable for a quote that clearly accomplishes the project objectives, with some necessary design changes, and provides a schedule that meets what is stated as the baseline in the SOW.
Unacceptable: The quoter will receive a rating of Unacceptable for a quote that does not clearly accomplish one or more project objectives, has significant design change requirements, and/or provides a schedule that does not meet what is stated as the baseline in the SOW.
2. Past Performance – The quoter shall provide at least one (1), but not more than three (3), references of relevant projects completed within the past 10 years. Experience consists of projects completed as a prime contractor or projects of qualified subcontractors that have the capabilities to perform this work. To be relevant, these projects need to be equal to or similar in scope of this requirement. For this solicitation, projects that are equal to or similar in scope are those that demonstrate procurement and installation of ventilations systems, such as a wood chip ventilation system. The contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references. A higher rating will be received for similar project experience completed in Germany and for similar project experience completed for the US Government.
• If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, the quoter shall submit it with the quote.
• If there is not a completed CPARS evaluation, the quoter shall submit a Past Performance Questionnaire (PPQ) for the project. Do not submit a PPQ when a completed CPARS is available.
o Quoters should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's points of contact, Veronica Vogler at veronica.t.vogler@usace.army.mil and Shawna West at shawna.m.west@usace.army.mil prior to the quote due date. The quoters shall instruct the clients to refer to the solicitation number in the subject line.
o All successfully submitted PPQs will receive an email confirmation upon receipt. If the quoter does not receive the confirmation, it is the quoter’s responsibility to follow up to ensure the government has received the information.
Quoters shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other procurements. However, this does not preclude the Government from utilizing previously-submitted past performance information in the past performance evaluation.
Quoters may provide explanation on problems encountered on past projects and the corrective actions taken by the offeror.
In addition to the above, the Government may review other sources of information for evaluating past performance.
Other sources may include, but are not limited to, past performance information retrieved through CPARS, using all
CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent mailto:veronica.t.vogler@usace.army.mil mailto:shawna.m.west@usace.army.mil company/subsidiary/affiliate) identified in the quoter’s proposal, inquiries of owner representative(s), FAPIIS, telephone interviews with organizations familiar with the quoter’s performance, Government personnel with personal knowledge of the quoter’s performance capability, and any other known sources not provided by the offeror.
While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the quoter.
Evaluation Methodology:
Exceptional: The quoter will receive a rating of Exceptional for past performance that demonstrates successful completion of multiple similar purchases and installations on all references, additional information retrieved from
CPARS, and additional information received by the Contracting Officer, that is favorable.
Acceptable: The quoter will receive a rating of Acceptable for past performance that has at least one reference that demonstrates successful completion of similar purchases and installations, additional information retrieved from
CPARS, and additional information retrieved from CPARS, and additional information received by the Contracting
Officer, that is favorable.
Unacceptable: The quoter will receive a rating of Unacceptable for past performance that does not demonstrate at least one (1) successfully completed similar purchases and installations on the references submitted, and the additional information from CPARS, and additional information received by the Contracting Officer is either not relevant or is not favorable.
4. Price – The quote shall be inclusive of all costs to perform the work specified in the SOW. The quote shall be submitted using the Table 1 Price Schedule. The Government will evaluate quotes for award purposes by adding the total price for all CLINs. Failure to submit a price and failure to complete all CLINs may result in the quote being rejected by the Government after initial evaluation without further consideration.
After a preliminary consideration of all quotations, the Government will identify from all quotations one that is the most advantageous to the Government, all non-price and price factors considered. All quotations will be evaluated based on the evaluation factors described above.
Corps of Engineers
Europe District
Purchase Request, Supply and Install
ISB 23-0369, 3060_Carpentry Shop
Wood Ventilation System
East Camp Grafenwöhr, Germany
Planning: Mr. Berg, Project Design Section Installation Support Branch Konrad Adenauer Ring 39 D-65187 Wiesbaden Tel. 0049.611.9744-2288
Effective: August 18, 2023
Page 1 of 8 Pages
IN THE EVENT OF DISAGREEMENT BETWEEN THE ENGLISH TEXT OF THESE SPECIFICATIONS AND ANY
COURTESY TRANSLATION, THE ENGLISH TEXT SHALL GOVERN.
1 GENERAL SECTION
Qualifications – Contractor must have experience with the government and understand the government billing system. Contractor must have experience doing project at USAG
Grafenwoehr and understand the garrison procedures. The contractor must have experience working in RMS and with CoE. Contractor must have experience understanding German building codes and host nation procedures working on a US Instillation in Germany.
1.1 PROJECT DESCRIPTION
The scope of this project is a purchase request for wood chip ventilation system for building 3060 to serve 3 pieces of wood cutting equipment and capacity to add one more machine in the future.
The work includes purchase and installation of the ventilation system. The system requires vent pipes to be installed to each machine from the main ventilation unit. The equipment must be connected to the building electrical box, alarming, and UEMC Systems.
An extraction system for saw/planer chips shall be installed inside/outside building 3060.
The following will be connected:
1. 1 x band saw
Suction volume flow (V): 750m3/h suction hose connection (Ø): 100 mm
2. planer
Minimum air volume flow (V): 1.810m3/h
Suction hose connection(2pcs) Ø: 2 x 160mm
3. sliding table saw
Air consumption (V): 1100 m3/h
Connection spigot under table Ø: 120mm
Connection piece upper protective hood Ø: 80mm total connection Ø: 140mm
4. reserve connection
Minimum air flow (V): 1.810m3/h
Exhaust port(2pcs) Ø: 2 x 160mm
The following equipment is required:
Each extraction point gets a motorized flap and activates the extraction system when the woodworking machine starts.
Equipment:
1) Flexible machine connection
2) Motorized butterfly valve
3) flow regulators in each suction line
4) Round suction duct made of spiral duct
5) Extraction fan
6) 2x fire damper (connected to BMS / FACP)
7) Required smoke detectors in the suction duct (connected to the FACP)
8) Exhaust system with storage tank and briquette press (integrated with smoke/fire detector)
9) Supply air supply to the room as return air with air grille
10) Switch/control cabinet with connection to GLT
2 DUST EXTRACTION SYSTEM FILTER UNIT
2.1. EXTRACTION/FILTER SYSTEM
2.1.10
1 EA.: FILTER UNIT NFP 7/7
MAX. AIR CAPACITY OF THE SYSTEM 10,000 M³/H
SHALL BE FURNISHED AND INSTALLED.
TECHNICAL DESCRIPTION
FILTER UNIT NFP 7/7
MAX. AIR CAPACITY OF THE UNIT 10.000 M³/H
CONSISTING OF:
• 1,00 ST FILTER UNIT NFP 7/7
• 1,00 ST INTERMEDIATE FILTER NFP 7/7
• 1,00 ST ROUND DISCHARGE WF FOR NFP 7/7
• 1,00 ST BEARING EXTENSION RING NFP 7/7
• 2,00 ST CLEAN GAS FAN TYPE US-FHN
2.1.20 1 ea. Briquette press NBP supply / assemble
Technical description
Briquette press NBP consisting of:
1,00 ST Briquetting press NBP
• 2,00 ST Bend 90° NW 75
• 3,00 ST Rod complete 3 m NW 75 Briquette line
• 3,00 ST Sleeve connection NW 75 briquette line
• 2,00 ST Double clamp NW 75
• 2,00 ST Pipe bracket NW 75
• 1,00 ST Open bend 90° complete from press
2.1.30 1 ea.: Pipe components for 4 machines supply / pipe / attach
Pipe components for 4 machines consisting of:
• 1.00 ST Suction pipe system according to machine list provided.
• volume flow controllers in each suction line
• 1,00 ST Fire damper 900x700 with limit switch
• 1,00 psch Installation material for pipeline construction
2.1.40 1 ea. Return air duct supply and install, carry out / mark
Return air duct consisting of:
• 1,00 psch galvanized sheet metal duct system
• 1,00 ST T-piece 900x700
• 1,00 ST End cover 900x700
• 1,00 ST T-piece 900x700 left with louvers motorized
• 6,00 ST Channel 900x700 L=1300
• 1,00 ST Bird screen 900x700
• 3,00 ST Perforated sheet metal outlet distribution duct 900x700 L=1250
• 1,00 ST Fire damper 900x700 with limit switch
• 1,00 ST flow controller
• 1,00 ST Duct end cover 900x700
• 1,00 ST Residual dust sensor
2.1.50 ls. System control supply / install / lay cables according to cable pull list
Provide plant control system ready for operation, consisting of:
• 1,00 ST Nestro plant control with FI
• 2,00 ST Frequency converter
• 2,00 ST Sterung PTC thermistor for protection of FI-controlled motors
• 1,00 ST Control basic module for motor. Gate valve
• 3,00 ST Control unit for each additional motorized gate valve Gate valve
• 4,00 ST Pick-up coil for one actuator each (fan/machine)
• 1,00 ST Rotary vane probe DF 28
• 1,00 ST Control full detector
• 1,00 ST Control system collective fault
• 1,00 ST EMERGENCY STOP relay (incl. button + signal lamp)
• 1,00 ST Door monitoring with safety monitoring module for the first door
• 1,00 ST Door monitoring with safety monitoring module for each additional door
• 1,00 ST Control for shaking motor
• 1,00 ST Control system for each additional vibration motor Filtering
• 1,00 ST Electrical integration of the differential pressure switch
• 1,00 ST Differential pressure sensor for vacuum control
• 1,00 ST Control exhaust air/return air damper
• 1,00 ST Control system fire damper
2.1.60 1 ea.: Delivery of metering screw deliver / transfer / instruct
Technical description
Delivery of Addtional Equipment
• 1,00 ST Screw conveyor NFS12 L=800
• 1,00 ST Screw conveyor control system
• 1,00 ST Filling shaft monitoring system
• 2,00 ST Screw extension for NFS
• 1,00 ST Overfill protection for one auger
2.1.70 1 ea.: Assembly and connection work delivery / execution / transport / storage
Technical description Assembly and connection work consisting of:
• 1,00 psch Assembly and connection work
• 1,00 psch truck-mounted crane, scaffolding and assembly aids
• 1,00 psch Commissioning, level measurement, protocol, instruction
• 1,00 psch Delivery costs
• 1,00 psch Documentation 3-fold (no as-built drawings)
2.1.80 1 ea. Other services supply / manufacture / execute
Technical description Other services consisting of:
• 1.00 psch Fabricate ceiling and wall penetrations.
• 1,00 psch Seal ceiling and wall penetrations after installation of air ducts.
• 1,00 psch Masonry work for foundation
• 1,00 psch. Static proof of the stability of the extraction system
• 1,00 psch. Cable pull - / electrical wiring from existing electrical - sub-distribution with laying of the cable ends on the switches / controllers / sensors etc.
• 1,00 psch. upgrade existing electrical sub-distribution according to requirements
• 1,00 psch. create cable pull lists
• 1,00 psch. Connection of GLT/fire alarm system
• 1,00 psch Set-up of system switch patterns on the ZLT according to Design
Standard Grafenwöhr.
ATFP/OPSEC
AT Level I Training. All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable.
Upon request, the Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:
http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.
Access and General Protection/Security Policy and Procedures. All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency
Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection
Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes.
For Contractors who do not require CAC, but require access to a DOD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate
Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive
2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as
NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
Suspicious Activity Reporting Training (iWATCH/iSALUTE). The Contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.
OPSEC Level I Training. All new Contractor employees shall complete Level I OPSEC
Training within 30 calendar days of their reporting for duty. Additionally, all Contractor employees must complete annual OPSEC awareness training. The Contractor shall submit certificates of completion for each affected Contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:
https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum."
http://jko.jten.mil/courses/atl1/launch.html%3B http://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html%3B
CLAUSES INCORPORATED BY REFERENCE
FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
(Jan 2017)
FAR 52.204-7 System for Award Management (Oct 2018)
FAR 52.204-13 System for Award Management Maintenance (Oct 2018)
FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)
FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)
FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec
2014) FAR 52.204-22 Alternative Line Item Proposal (Jan 2017)
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance
Services or Equipment. (Oct 2020)
FAR 52.204–27 Prohibition on a ByteDance Covered Application (JUN 2023)
FAR 52.212-1 Instructions to Offerors- Commercial Products and Commercial Services
(Nov 2021)
FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)
FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services
(Nov 2021)
FAR 52.228-3 Worker's Compensation Insurance (Defense Base Act) (Jul 2014)
FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec
2013) FAR 52.233-1 Disputes (May 2014)
DFARS 252.201-7000 Contracting Officer’s Representative (Dec 1991)
DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)
(Section 847 of Pub. L. 110-181).
DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013)
DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov
2011) DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992)
DFARS 252.204-7004 Level I Antiterrorism Awareness Training for Contractors (Feb 2019)
DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013)
DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019)
DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (May 2016)
DFARS 252.222-7002 Compliance With Local Labor Laws (Overseas) (JUN 1997)
DFARS 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials (SEP 2014)
DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013)
DFARS 252.225-7041 Correspondence in English (JUN 1997)
DFARS 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States
JUN 2015
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)
DFARS 252.232-7008 Assignment of Claims (Overseas) (JUN 1997)
DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)
DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)
DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991)
DFARS 252.244-7000 Subcontracts for Commercial Items (JUN 2013)
DFARS 252.247-7023 Transportation of Supplies by Sea (FEB 2019)
CLAUSES INCORPORATED BY FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the
Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems
Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices
(including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals
Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the
Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs
(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL PRODUCTS AND
COMMERICAL SERVICES (NOV 2021)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the
Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.
(a) Definitions. As used in this provision—
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on
Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
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;
https://www.sam.gov/
(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.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
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"—
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 veteransor, 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—
(1) 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.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
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 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 least51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-
Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR
4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (v) 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 will 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 CFR124.1002.
(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.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB
Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:
__________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(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.
(d) Representations required to implement provisions of Executive Order11246- (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…
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