COMBINED_SYNOPSIS_W912HN19Q5005__.pdf

COMBINED SYNOPSIS/SOLICITATION

This notice is being posted as an avenue to provide Request for Quotes, W912HN19Q5005.

This is a combined synopsis/solicitation for commercial services in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. THIS

ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION: QUOTES ARE BEING

REQUESTED AND A WRITTEN SOLICTATION WILL NOT BE ISSUED. This will be

100% Small Business Set-aside. The NAICS Code is 115310 with a size standard of $7.5M. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition

Circular 2005-101.

Title of Requirement: Repaint and Re-brush Boundary Line, Richard B. Russell Lake

Description of Requirement: The work to be performed consists of re-brushing and repainting one of five sections of the Richard B. Russell Project exterior boundary line. The Richard B.

Russell Project has +/- 270 miles of total boundary line and is located within Anderson County, SC, Abbeville County, SC, Hart County, GA, and Elbert County, GA. The total boundary line is divided into five segments for the purpose of yearly boundary line maintenance. Boundary line segments vary in length between +/- 51 miles and +/- 55 miles.

Submission Requirements: Quotes should be emailed to Mr. Lennie K. Mattis at

Lennie.K.Mattis@usace.army.mil by 14 January 2019 at 2:00 p.m. Eastern Time.

Please CC Mr. Bruce Helms at Bruce.A.Helms@usace.army.mil

Basis for Award: The award will be made to the lowest priced, responsible, responsive quote, with a responsibility determination that meets or exceeds the product specifications. This is in accordance with Federal Acquisition Regulation (FAR) 52.212-2, Evaluation – Commercial

Items, and FAR 9.104.

The Government reserves the right to cancel this solicitation.

mailto:Lennie.K.Mattis@usace.army.mil mailto:Bruce.A.Helms@usace.army.mil

REQUEST FOR QUOTE (RFQ)

US Army Corps of Engineers – Savannah District

POC: Mr. Lennie K. Mattis

Phone: (912) 652-5654

Email: Lennie.K.Mattis@usace.army.mil

QUOTES DUE BY: 14 January 2019 at 2:00 p.m. Eastern Time.

CONTRACTOR: ______________________________________________________

DUNS NO.: __________________________________________________________

CAGE CODE: ________________________________________________________

TAX ID NO.: _________________________________________________________

E-MAIL: ____________________________________________________________

PHONE NO.: ________________________________________________________

PLACE OF MANUFACTURE: ___________________________________________

DATE OF QUOTE: ____________________________________________________

QUOTE PREPARED AND CERTIFIED BY:

(Printed Name and Title)

The Contractor, by signing this document, understands and complies with the requirements listed in the Statement of Work (SOW) and shall provide equipment meeting the requirements.

mailto:Lennie.K.Mattis@usace.army.mil

SCOPE OF WORK

REPAINT AND REBRUSH BOUNDARY LINE

RICHARD B. RUSSELL LAKE

1. Character and Extent of Services

a. General: The work to be performed consists of re-brushing and repainting one of five sections of the Richard B. Russell Project exterior boundary line. The Richard B. Russell Project has +/- 270 miles of total boundary line and is located within Anderson County, SC, Abbeville

County, SC, Hart County, GA, and Elbert County, GA. The total boundary line is divided into five segments for the purpose of yearly boundary line maintenance. Boundary line segments vary in length between +/- 51 miles and +/- 55 miles. Miles maintained may increase or decrease based on weather, project needs, budget, or other factors. Bids should be given as a total lump-sum cost for completion of the contract for one segment of boundary line. The government, at its sole discretion, may award option years for continuation of the contract to complete additional segments of the boundary line in years beyond the base year; however, potential contractors should take note that option years beyond the base year of the contract are at the sole discretion of the government and are not guaranteed. Bidders, therefore, should bid accordingly.

b. Extent of Services: The areas in which work is to be performed represent boundary line section 5 of the current exterior boundary of the Richard B. Russell project. Performance will require the contractor to furnish all personnel, equipment, paint, supplies, materials, and transportation. The contractor shall be required to meet with the Contracting Officer's

Representative (COR) prior to work beginning. The COR shall identify areas that will be re-brushed or painted and may provide additional maps and other information at this point.

The contractor shall also be required to meet with the COR or his representative periodically throughout the period of the contract at the discretion of the COR.

c. Procedures: The Government will provide segment maps and/or tract maps and other information to indicate the exterior boundary where work described herein is to be performed. In the event the contractor cannot accurately locate a portion of the boundary line in the field, he will promptly notify the COR who will direct appropriate measures to resolve the situation. The

COR may, at his discretion, direct the contractor to move the operations from one area to another in order to minimize delays by such situations.

Unless otherwise directed by the COR, work shall commence at the beginning of the boundary line section where boundary line work ended the previous year and shall run uninterruptedly along the section. The contractor may not skip areas or leave gaps and then come back to them later unless prior permission is obtained from the COR. The contractor's work and field notes shall be subject to inspection by the COR at any time during the contract period. All maps and other information provided by the Government for use by the contractor will be returned to the COR upon completion of work unless otherwise specified by the COR.

The contractor will be required to attend a pre-work meeting at a location and time to be determined by the COR after the contract is awarded but before work commences, and the contractor will be required to meet with the COR or his representative periodically throughout the contract performance period either at the Project Manager’s Office or in the field. The frequency and location of meetings shall be at the discretion of the COR; however, the COR or his representative shall give the contractor a minimum of 24 hours prior notice. Any extra costs

Incurred by the contractor for meetings will not be reimbursed by the Government other than the total bid price; therefore, bidders should consider them in calculating bids for submittal.

Bids should be given as a total lump sum cost for completion of the contract. Invoices may be submitted for payment for sections of work completed in intervals of not less than 10 miles, with the exception of the final invoice. Payment for invoices other than the final invoice will be assessed by calculating the percentage, truncated to a whole percentage point, of length of boundary line work completed within the invoice compared to the total length of the boundary line segment and then paying that percentage of the total bid price and truncated to a whole dollar amount. The amount paid for the final invoice will be the remaining balance of bid price.

(I.e.: If the total boundary line is 54.594 miles and total winning bid price is $22,005 and a partial invoice were received for 17.35 miles completed. 17.35/54.594=0.3178. 0.3178 truncated to a whole percentage is 31%. 31% of $22,005=$6,821.55. $6,821.55 truncated to the nearest whole dollar is $6,821. The payment for this invoice would be in the amount of $6,821. Upon completion of the contract, the remaining balance of the final bid price not already paid would then be paid at the final invoice.) Further details of invoice submittals will be provided at the pre-work meeting.

d. Data: Daily progress reports shall be furnished to the COR at such intervals as he may direct. The daily progress reports shall contain the following basic information on a form acceptable to or provided by the COR:

Commencement of Workday

Date (top of page)

Names of Persons in Work Party

Approximate Location (corner number, etc.)

Brief Description of Weather Conditions

At Termination of Workday

Approximate Location (corner number, etc.)

Work Completed during Day (i.e. length of line painted in feet)

Any Additional Pertinent Information (i.e., missing survey corners, boundary line corners where no witness trees or posts exist, encroachments, conflict of data, etc.)

2. Re-brushing and Repainting Procedures

a. Scraping: All living witness trees will be scraped down to smooth bark under all surfaces to be painted prior to painting. In most tree species, this means scraping bark as deeply as possible without cutting into the sap layer (cambium). Trees that by their nature cannot be scraped because they have thin bark shall be scoured with a wire brush or similar device to ensure removal of moss, lichens, old loose paint, loose bark, and other foreign matter under all surfaces to be painted prior to painting. Care will be taken not to cut into the sap layer of the tree except as specified for blaze marks. Blaze marks shall be made by scraping completely through the bark and through the sap layer to wood.

b. Painting, General: All living, viable witness trees that have been previously painted in the past shall be repainted unless otherwise specified herein or as directed by the COR. The contractor shall not repaint previously painted witness trees that are no longer viable. The contractor shall only repaint trees previously painted unless otherwise directed by this scope of work (new witness trees to replace non-viable trees, complete painting of boundary pins and monuments, and etc.) or by the COR. In the event that a previously painted witness tree is no longer viable due to mortality, damage, or obvious disease, the contractor shall select and paint a new witness tree to replace it. In the event that an item of personal property located on adjacent property was painted as a witness mark previously (i.e. fence posts and etc.), the contractor shall not repaint the item but shall select a new witness tree as outlined herein to replace it as a witness mark. All newly selected witness trees shall be at least 4” DBH. All newly selected witness trees shall be on the government side of the boundary line. The boundary line shall have at least one witness tree located every 50 feet if possible.

All paint bands, whether newly painted or painted onto previously painted witness trees, shall be between 4 and 5 inches vertical measurement. Paint blazes shall be between 5 and 7 inches vertical measurement and between 4 and 5 inches horizontal measurement. All paint marks shall have distinct, sharp, and straight edges. Paint shall be applied so as to provide complete coverage and uniform depth. Paint shall be applied in a manner that it does not run. The contractor will ensure that paint is applied in a manner that will provide long-lasting identification of the boundary lines. Witness marks on trees will be located and repainted in accordance with procedures outlined within this scope of work, shown on boundary line marking instructions (Exhibit A), and specified instructions from COR.

c. Line Witness Trees: On line witness trees within 30 inches of the line, two bands shall be painted on the tree facing the direction of the line. In the event that there are no line witness trees within 30 inches of the line along a section of boundary line over 50 feet from the nearest adjacent witness tree, a line witness tree may be selected that is between 30 inches and 5 feet from the line. On line witness trees that are over 30 inches from the line but less than 5 feet from the line, a single band shall be painted on the tree facing the direction of the line. A line witness tree should never be selected that is over 5 feet from the line if at all possible. Paint bands shall have a horizontal length of least 24 inches or 1/2 the circumference of the tree, whichever is less.

In the event that a previously painted witness tree is no longer viable due to mortality, damage, or obvious disease of the previously painted witness tree, the contractor shall select a new witness tree to replace it. Newly selected line witness trees should be selected within 15 feet of the old witness tree that it is replacing and should be within 30 inches of the line if possible.

d. In Line Trees: Two bands shall be painted on both sides of the tree facing the corners.

Bands should be at least 18 inches horizontal measurement or 1/3 the circumference of the tree, whichever is less. Bands should not be painted so that they go completely around the tree. A blaze shall be painted above the two bands on both sides of the tree facing the corners. In the event that a previously painted in line witness tree is no longer viable due to mortality, damage, or obvious disease of the previously painted witness tree, the contractor shall select a new witness tree to replace it. The newly selected witness tree need not be an in line tree; however, the newly selected line witness trees should be selected within 15 feet of the old witness tree that it is replacing and should be within 30 inches of the line if possible.

e. Corner Witness Trees: Three bands shall be painted completely around the tree. A blaze shall be painted below the three bands facing the corner. The blaze should be between 4 and 5 feet above ground level. All corners shall have 3 witness trees. In the event that a previously painted witness tree is no longer viable due to mortality, damage, or obvious disease, the contractor shall select and paint a new witness tree to replace it. Newly selected corner witness trees should be located between 4 and 15 feet of the corner if possible. Newly selected corner witness trees should be selected that have a bearing from the corner that places them at a sufficient angle away from other corner witness trees so that triangulation of the approximate location of the corner based solely upon witness tree marks is more accurate. All three corner witness trees should not be located within a 180 degree radius of the corner if possible.

f. Boundary Pins and Concrete Monuments: Boundary pins (pipes) and concrete monuments shall be painted or repainted in their entirety from their top down to ground level except that paint shall not be applied to or cover stamped pin numbers or other pertinent information. On boundary pins and monuments on which pin numbers or other pertinent information has been painted over in the past, the contractor shall make an effort to locate this information and scrape the old paint off of it to make it legible again. All missing or damaged pins or concrete monuments shall be noted by the contractor. This information will be recorded on the contractor’s daily logs.

g. Re-brushing: The contractor will be required to cut all vegetation along the property line to provide good visibility between witness trees and accessibility along the boundary line. An exception is made for viable marked witness trees within the corridor and for vegetation on privately owned land that is maintained as part of the private owner's landscaping. In general, re-brushing primarily involves the cutting of sprouts and new growth of the vegetation that has emerged since the last re-brushing operation.

A corridor, approximately 4 feet wide with 2 feet on each side of the boundary line, 8 feet high, and to within 4-inches of the ground, will be cleared of all vegetation. This also means that all vegetation cut by the contractor shall be cut as to leave a stump less than 4-inches above the ground. All trees and limbs over 4-inches in diameter that may have fallen across the boundary line corridor and are lying on the ground shall have at least a 4-foot wide section cut out of them or shall be otherwise cleared from the corridor. All deadfalls, limbs, or snags which have fallen across the boundary line corridor and are not lying on the ground but are less than 8-feet above ground level shall be cut out of the corridor regardless of their diameter. Exceptions may be granted by the COR on a case-by-case basis for removal of snagged trees and limbs that present unusual safety hazards if removal is attempted.

All cut woody vegetation shall be removed from the boundary line corridor and may be tossed onto the government side of the corridor. All other woody vegetation, such as limbs and etc., which may have fallen into the corridor that is over 4 inches in diameter or that would otherwise prevent the corridor being easily traversed by foot or ATV shall also be removed from the corridor and may be tossed onto the government side of the corridor.

h. Boundary Marking Paint: The contractor will provide the boundary marking paint. Paint shall be Nelson Paint Company Boundary Mark Brush Type paint, orange color. Paint will be applied as specified herein and per label directions. Paint will be inspected by the COR or the

COR’s representative prior to use and may be inspected throughout the contract performance period. Paint will be thoroughly mixed before and during application and may be thinned only if absolutely necessary for proper application, in which case it shall only be thinned per label directions. In no case shall paint be thinned in order to make it possible to mark more trees with less paint. Trees will be marked as detailed within this scope of work and on the attached instructions (Exhibit A).

3. Period of Service

Base Year (01 January – 30 June 2019): 120 calendar days of the award date of the contract.

Option Year 1 (01 January – 30 June 2020): 120 calendar days from the date of option execution modification.

Option Year 2 (01 January – 30 June 2021): 120 calendar days from the date of option execution modification.

Option Year 3 (01 January – 30 June 2022): 120 calendar days from the date of option execution modification.

Option Year 4 (01 January – 30 June 2023): 120 calendar days from the date of option execution modification.

The Contracting Officer may allow the contractor an extension based upon extraordinarily long periods of bad weather or other unforeseen circumstances; however, this will be at the sole discretion of the Contracting Officer. The contractor shall render the services described in paragraph 1, continuously or intermittently, until completion of work described. The contractor will notify COR of schedule of work that is not continuous.

4. Reporting of Suspected Encroachments

The contractor will note, report the location with GPS coordinates, and give a brief description of any suspected encroachments or trespasses on Government lands. The contractor shall note the location of the nearest pin as well as the general area when describing encroachments.

Suspected encroachments and trespasses shall also be noted on daily logs. Types of possible encroachments and trespasses that shall be reported include but are not limited to buildings, roads, drainage facilities, sewage systems, timber cutting, grazing of livestock, evidence of vehicles being driven on Government property, fences, storage of personal property, tree stands, boats moored to the shoreline, dumping of debris, cutting of underbrush, and cutting of limbs.

Narrow (shoulder width) meandering footpaths along which no vegetation has been cut are not generally considered encroachments.

5. Boundary Line and Corner Discrepancies

The contractor will note and report missing or damaged corner markers and boundary line variances, including curved lines and adjacent land owner boundary line markers on public property.

6. Limited Access to Boundary Line

There is limited access to the boundary line from public roads. There are long portions of boundary line between public access points. It is very strongly recommended that the contractor consider accessing parts of the boundary line from the lake by using a boat. The contractor is solely responsible for coordinating with adjacent property owners prior to accessing the boundary line via private land. Award of this contract in no way authorizes or permits the contractor to cross private land without prior expressed permission from the land owner.

Contractors should take into consideration limited access, topography, and other restrictive conditions and are strongly encouraged to perform a pre-bid site visit.

The contractor shall complete the required work within respective period of performances:

7. Cleanup of Work Area

Materials that are carried onto the project areas by contractor personnel, such as paint cans, lunch bags, bottles, and etc. shall be removed from the work areas and disposed of in proper facilities. Excess paint or other hazardous wastes shall not be disposed of on Government lands and shall be properly disposed of in accordance with applicable manufacturer’s instructions and federal, state, and local laws and regulations.

8. Use of Government Facilities

The government shall not be required to provide facilities for the storage of the contractor’s equipment or supplies; however, the COR, at his discretion, may give permission to the contractor to store equipment or supplies at government facilities. In the event that the contractor is allowed to store equipment or supplies on government property, it shall be done in accordance with all applicable policies, laws, and regulations. Storage of the contractor’s equipment or supplies at government facilities shall be at the sole risk of the contractor. The government shall in no instance be liable for loss or damage to the contractor’s equipment or supplies for any reason.

9. Quality Control and Quality Assurance

The contractor shall inspect work completed to insure that it meets the specifications set forth in this scope of work prior to submitting invoices for work completed. The COR or a representative of the COR shall inspect portions of the work performed by the contractor for quality assurance purposes. The COR or his representative may take up to 30 days to inspect invoiced work before acceptance. In the event that a portion of invoiced work is rejected by the

COR and the contractor is required to re-perform, the COR or his representative may take up to

30 additional days from the time that he is notified by the contractor that re-performance is completed to inspect re-performed work. The COR may not accept work that is not compliant with all sections of this scope of work and with the quality assurance surveillance plan (QASP).

Invoiced work that has not been inspected within 30 days of submittal as defined within this scope of work shall be considered to be accepted.

10. Pre-Bid Information

All potential bidders for this contract are strongly encouraged to provide their name and email address to one of the contact persons listed within this subsection as soon as possible. All questions regarding the scope of work for this contract shall be submitted in writing by email or otherwise, to the contact persons listed within this subsection. Replies to questions will then be sent back to all potential bidders who provided their contact information by mass email so that all are given the same information prior to the bid closing.

All potential bidders for this contract are strongly encouraged to attend a pre-bid meeting on-site at the Richard B. Russell Project at a time and place to be determined later. Bidders shall be exclusively responsible for all of their related expenses incurred by attending the pre-bid meeting. All parties interested in attending the meeting shall contact the persons listed within this subsection in writing by email no later than 3:00 p.m. on December 1, 2018 in order to obtain final details for the date of the pre-bid meeting.

Contact persons for pre-bid information about the scope of work are as follows:

Mike Lesiak, Natural Resource Specialist, Richard B. Russell Project, at

Michael.j.lesiak@usace.army.mil, (706) 213-3408, Fax (706) 213-3440 or mailto:Michael.j.lesiak@usace.army.mil mailto:Michael.j.lesiak@usace.army.mil

Glenn Kowalski, Natural Resource Program Manager, Richard B. Russell Project, at glenn.m.kowalski@usace.army.mil, (706) 213-3402, Fax (706) 213-3440.

11. References

a. Map of Boundary Line Sections, Richard B. Russell Lake

b. Exhibit A, Procedure for Marking Government Boundary Lines

c. Quality Assurance Surveillance Plan (QASP) mailto:glenn.m.kowalski@usace.army.mil mailto:glenn.m.kowalski@usace.army.mil

Boundary Line Markings and Proper Uses of Public Land

Corner Witness Tree

\\ @ Pr: te- - ---------

® "©--- Public Land

Front View

Front View

Front View

Front View

Side View

Side View

Side View

Side View

Tree is painted facing the comer. Tree is marked with one vertical blaze and three horizontal hacks.

Center Line Tree

Private Land

Public Land

This witness tree is used when the line goes through the

Tree. Tree is painted on both sides with one vertical blaze and two horizontal hacks.

Line Witness Tree

Private Land

Public Land

The most common witness tree. Two horizontal hacks face the boundary line. Only trees within 30 inches of the boundary line are marked.

Banded Directional Tree

Private Land

Public Land

This type of witness is used only when there are no trees within 30 inches of the boundary line. One band is painted facing the line showing the general direction of the line.

I

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 52 Miles Richard B. Russell project BASE YEARREPAINT AND REBRUSH

BOUNDARY LINE

(SECTION 5)

FOB: Destination

NET AMT

0002 54 Miles OPTION Option Year 1 Richard B. Russell projectREPAINT AND REBRUSH

BOUNDARY LINE

(SECTION 1)

0003 55 Miles OPTION Option Year 2 Richard B. Russell projectREPAINT AND REBRUSH

BOUNDARY LINE

(SECTION 2)

0004 55 Miles OPTION Option Year 3 Richard B. Russell projectREPAINT AND REBRUSH

BOUNDARY LINE

(SECTION 3)

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 55 Miles OPTION Option Year 4 Richard B. Russell projectREPAINT AND REBRUSH

BOUNDARY LINE

(SECTION 4)

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JAN-2019 TO

31-DEC-2019

N/A RICHARD B RUSSELL PROJECT OFF

GLENN KOWALSKI

US ARMY CORPS OF ENGINEER

OFFICE OF THE PROJECT MGR

4144 RUSSELL DAM DRIVE

ELBERTON GA 30635-9271

706-213-3402 FOB: Destination

W912HN

0002 POP 01-JAN-2020 TO

31-DEC-2020

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912HN

0003 POP 01-JAN-2021 TO

31-DEC-2021

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912HN

0004 POP 01-JAN-2022 TO

31-DEC-2022

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912HN

0005 POP 01-JAN-2023 TO

31-DEC-2023

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912HN

AT-OPSEC

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

This Form will be provided to the Contracting Officer and shall become part of the official contract file.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

NOV 2011

252.203-7994 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation.

DEC 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7006 Billing Instructions OCT 2005 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

252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7036 Alt I Buy American--Free Trade Agreements--Balance of

Payments Program--Alternate I (Dec 2017)

DEC 2017

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).

However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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: LOWEST PRICE ONLY

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

ALTERNATE I (OCT 2014)

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 (u)) of this provision.

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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