W912JV-20-P-2011 signed.pdf

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1249 Life Support, Umatilla, OR Federal contract opportunity
Solicitation number
11452966
Issued by
Department of the Army Oregon Army National Guard

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SEE ADDENDUM

(No Collect Calls)b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.800-458-8061

W912JV9. ISSUED BY

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

W912JV20P2011 20-Jul-2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

REF:

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011452966-0002

ARE NOT ATTACHED

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

Phillip chik / Supervisory Contract Specialis

See Schedule $74,195.00

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE 4RA20 4RA20FACILITY

OFFEROR CODE

USPFO OR PURCHASING & CONTRACTING

ATTN: USPFO-P

PO BOX 14350

1776 MILITIA WAY

SALEM OR 97309-5047

OK'S CASCADE COMPANY

JASON STUVLAND

1429 AVE D #166

SNOHOMISH WA 98290-1742

DFAS-INDY VP GFEBS HQ0670

8899 E 56TH STREET

INDIANAPOLIS IN 46249-3800

18a. PAYMENT WILL BE MADE BY CODE HQ0670

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE W90KNA 16. ADMINISTERED BY

Net 30 Days

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFP

HHC 1249 ENGINEERS

JEROD CONDIT

78080 ORDNANCE ROAD

HERMISTON OR

503-584-3771FAX:

TEL: 503-584-3929 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

561210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL: phillip.l.chik2.mil@mail.mil

503-584-3784TEL:

31c. DATE SIGNED

20-Jul-2020

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF32

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

PWS

Performance Work Statement Oregon Army

National Guard

1249 ENGINEERING

BATTALION

PERFORMANCE WORK

STATEMENT UMATILLA

ARMY DEPOT

Introduction

The contractor shall provide all equipment, material, labor, supervision; supplies and items necessary in support of the 1249 Engineer Battalion Annual Training to be conducted at the Umatilla Army Depot near Hermiston, Oregon.

Contractor shall coordinate with the Government Contracting Officer Representative (COR) for ALL movement of vehicles and personnel onto Umatilla Army Depot. This training exercise includes restricted areas. Although these areas will be clearly marked, it will be imperative for the contractor to validate routes for movement on Umatilla Army Depot.

Safety is the first consideration of all training activities.

1.0 General

Requirements include temporary life support services in support of the Annual Training for 1249 EN BN. The contractor shall coordinate with the Government COR for all site access, deliveries, set-up, maintenance and removal necessary to comply with the requirements of this contract.

The contractor will be required to respond to specific emergency maintenance issues related to these requirement 24 hours a day, 7 days a week during the performance period of this contract. Non-functional equipment shall be responded to within 2 hours and fixed within 8 hours.

Equipment that cannot be repaired must be replaced within 24 hours.

The contractor is authorized to occupy a tent or trailer at Umatilla Army Depot. Contractor is also authorized to have a representative at the training site if they so desire to respond to any emergency or maintenance issues. Location of contractor tents / trailer will be determined by the Government COR. The contractor’s tent/trailer must be self- sustaining. Contractor will be able to use shower and portable latrine facilities at training site if necessary.

The Government desires to have the training site set-up and ready for occupancy prior to the main body arriving at Umatilla Army Depot. The contractor shall provide a specific delivery schedule to the Contracting Officer and the Government COR no later than (NLT) 72 hours of

Contract award to the COR 1249 EN BN.

Unless otherwise noted the delivery schedule will conform to the following dates and times:

Delivery/set-up dates: NET 1200hrs 01 August 2020

Dates of Service: 02 August 2020 – 12 August 2020

Removal date: 1000hrs 13 August 2020

The contractor shall establish a call system for service calls/requests to include availability of phone and email. Emergency phone numbers shall be provided to the COR (NLT) 72 hours of Contract award.

2.0 Requirements: Portable Chemical Toilets, Hand Washing Stations Shower trailers:

2.1 Provide thirty five (35) outdoor style portable chemical toilets (standard Restroom).

Chemical toilets will be cleaned inside and outside of all units every other day or more frequently as needed to where they are free of all human waste, soiled toilet articles and dirt. After emptying the units the contractor shall refill each unit with standard commercial sanitizing chemicals and enough toilet paper to last until the next scheduled service.

• The chemical latrines will be repositioned, as requested, in a phased manner throughout the training area. The contractor shall relocate portable toilets as directed by the Government COR not to exceed 1 total move per piece of equipment. The movement of portable chemical toilets will be requested 24 hours in advance.

2.2 Provide twelve (12) portable hand washing stations (double sinks) to support 155

Soldiers. Hand washing stations will be serviced (to include paper towels, soap, refilling water, etc) at the same interval as the portable chemical toilets, every other day. Hand washing stations are to be filled completely (100%) at the start-up of the exercise and remain no less than 50% filled during the remainder of the exercise.

Hand washing stations shall never run out of water to ensure that sanitary conditions are met in a field environment. Gray water will not be allowed to drain on the ground;

gray water removal will be performed by the contractor for all provided services and equipment. The contractor shall dispose of all waste and gray water at an off-post location.

2.3 Two (2) each shower trailer units with 15/16 heads fully self-sustainable with power, fuel, propane, gray water holding tanks and allow to be partitioned of for female and male separation. Respond to requests for emplacement within 24 hours. The contractor shall dispose of all waste and gray water at an off-post location.

2.4 The contractor shall relocate portable toilets, hand washing stations, shower units if mission changes and/or issue’s arise. The movement should be agreed upon by all parties involved not to exceed 1 total move per piece of equipment. The move charge shall be factored in to the initial rate. The contractor shall relocate portable toilets as directed by the Government COR and the movement of portable chemical toilets will be requested 24 hours in advance.

The contractor shall maintain material safety data sheets (MSDS) in the contractor’s vehicle for all applicable material used in the performance of this service. The contractor shall provide all labor, equipment, tools, materials, supervision and services necessary in connection with delivery, service and pick up of chemical latrines and hand washing stations and shower trailers at the Umatilla Army Depot. When more than one unit is positioned at any location, the contractor shall place the units as close together as feasible for user convenience and organized appearance. The contractor shall use appropriate tie-down systems as necessary to ensure all units are secured in designated locations to prevent high winds from toppling them over. The contractor shall furnish replacement units for all units removed for maintenance, repair or units that have toppled over.

Disposals shall be in accordance with existing local, state, and federal regulations. The contractor shall be responsible for any permits or fees associated with the use of off-post disposal locations.

Fresh water can be provided via a local water hydrant on the Umatilla Army Depot, coordination for use of said water hydrant will need to be coordinate prior to use and delivery of shower trailers.

2.4 Acceptable Quality Level:

1. Provide 35 portable chemical toilets (standard Restroom).

2. Provide 12 portable hand washing stations, double sink style

3. Provide a minimum of 2 each shower trailer units with 15/16 shower heads.

4. Pump gray water from 2 each shower trailers; estimated fresh water usage will be anywhere from 500-1100 gallons a day pending mission. Gray water holding tank/blivets need to be able to accommodate max usage per day. Vendor will provide enough storage to allow for use of shower trailer without shutdown due to waiting on gray water pumping of tanks.

5. Chemical toilet units shall be of standard commercial manufacture intended for use as portable chemical toilets.

6. Hand washing stations are to be filled completely (100%) at the start-up of the exercise and remain no less than 50% filled during the remainder of the exercise.

Hand washing stations shall never run out of water to ensure that sanitary conditions are met in a field environment.

7. Portable chemical toilets shall consist of a completely enclosed, well-vented enclosure, the roofs, sides, and floors shall be free of leaks, cracks and holes; Toilet units will include waterless hand sanitizer; Doors shall be self-closing, tight fitting, and will have an inside lock.

8. All portable toilets shall be new or like new condition, clean, single type occupancy, to include urinal, and easily serviced.

9. The contractor shall clean inside and outside of all units every other day (every 2 days) to where they are free of all human waste, soiled toilet articles and dirt; after emptying the units the contractor shall refill each unit with standard commercial sanitizing chemicals and enough toilet paper to last until the next scheduled service.

10. Hand washing stations will enable Soldiers to wash their hands in a sanitary manner.

11. Hand washing stations will be of standard commercial manufacture intended for use as sanitary hand washing stations.

12. The stations will be free of leaks and watertight - at least 2 hand washing station per every 4 toilets in one geographical area (spread throughout the area of operations.

13. The contractor shall maintain material safety data sheets (MSDS) in the contractor’s vehicle for all applicable material used in the performance of this service.

14. When more than one unit is positioned at any location, the contractor shall place the units as close together as feasible for user convenience and organized appearance and/or at the direction of the on-site government representative.

15. The contractor shall use appropriate tie-down systems as necessary to ensure all units are secured in designated locations to prevent high winds from toppling them over. If such units were to topple over, contractor is responsible to meet all Government requirements and removal of contaminated dirt, ground or are of contamination.

16. The contractor shall furnish replacement units for all units removed for maintenance, repair or units that have toppled over. The chemical latrines will be repositioned, as requested, in a phased manner throughout the training area during the period of performance. The contractor shall relocate portable toilets as directed by the Government COR not to exceed 1 move during the exercise.

17. The contractor shall dispose of all waste at an off-post location. The contractor may not dump wastes anywhere within Umatilla Army Depot unless pre-coordinated and approved by Umatilla Army Depot. Disposal shall be in accordance with existing local, state, and federal regulations. The contractor shall be responsible for any permits or fees associated with the use of off-post disposal locations.

18. Shower trailers will be full of fresh water, fuel, propane and paper products upon set up 1 day prior to main body hitting ground.

19. Shower trailer units will be fully self-sufficient with enough power, fuel, fresh water and gray hold tank ass necessary for 155 Soldier to shower 1 time per day.

20. Shower trailers will be have separate shower stalls in order to facilitate privacy

21. Shower trailers will enable soldiers to wash their bodies in a sanitary manner.

22. Contractor will be responsible to ensure that gray water tank will hold enough water to support the needed showers per day or coordinate the removal of gray water ass necessary to ensure shower operations re not hindered. Estimated water of 1100 gallons

23. Shower operations timeline will need to be coordinate once main body is on ground and leadership and met with personnel to discuss an effective timeline to have the showers open for use. Tentative shower operations will be from 0500 to 2300 with a 1hour shutdown window for cleaning to be determined with personnel on ground.

24. The contractor shall provide all labor, equipment, tools, materials, supervision and services necessary in connection with delivery, service and pick up of chemical latrines and hand washing stations at Umatilla Army Depot.

25. Required movement of portable chemical toilets will be requested 24 hours in advance.

26. The contractor shall provide transportation and set up of shower trailers with all necessary gray water disposal blivets.

27. The contractor shall provide tanker, personnel and coordinate to ensure each trailer unit has enough fresh water on hand at all times to ensure soldiers may clean themselves with fresh water for sanitary reasons. Camp Umatilla has multiple water points on post that may be used to draw water from at no charge to vendor. These water points are mainly fire hydrants. Vendor must supply tools and adapters to be able to fill from water points.

28. The contractor will coordinate directly with the COR for fresh water tanker refill. The government agency and Umatilla Army Depot will provide all fresh water needed for water tankers.

29. The contractor will provide all power, gray water holding tanks, on-site maintenance as required and fuel.

3.0 Security Requirements

3.1 All service providers shall be able to provide a valid driver's license, valid vehicle registration, and valid vehicle insurance to base security in order to gain access before gaining access to the site. All personnel will be subjected to a Law Enforcement Data System (LEDS) Background check. All individuals with unfavorable background checks will be banned from the installation. All contracted employees and subcontracted employees will be required to pass the required training below in order to come and go off site or maintain onsite for the duration of the requirement.

4.0 Antiterrorism/Operations Security Requirements

4.1. All delivery drivers shall be able to provide a valid driver's license, valid vehicle registration, and valid vehicle insurance to post security in order to the site. All contracted employees and subcontracted employees will be required to pass the required training below in order to come and go off site or remain onsite for the duration of the requirement. All contractors and or employee information will need to be provided at least 15 days prior to the event start date to the COR for post access procedures.

4.2 AT Level I Training: All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR and to the contracting officer, within ten (10) days of award. AT Level I awareness training is available at the following website: http://jko.jten.mil.

4.3 iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. There will be an

AT/OPSEC handout for the contractor to review and a student log for the contractor to sign to complete this requirement. This training shall be completed and the results reported to the COR and the contracting officer within ten (10) days of award.

5.0 Contracting Manpower Recording Act (CMRA):

5.1 The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the National Guard Bureau via a secure data collection site.

5.2 The Contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013.

Contractors may direct questions to the help desk at http://www.ecmra.mil

5.3 Unit Identification Code (UIC) for the Requiring Activity: W90KNA

5.4 Issuing Office DoDAAC: W912JV

6.0 Quality Control (QC):

The contractor shall develop and maintain an effective quality control program (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which the contractor is assured the work complies with the requirement of the contract.

7.0 Contracting Officer’s Representative (COR):

The ORNG COR for inspection and acceptance of deliverables under this task order, and will be physically located at the Event throughout the exercise period. The COR is authorized to represent the contracting officer in interpreting the technical requirements of this task order.

However, the COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition.

8.0 Deliverable Guidelines:

8.1 Inspections and Acceptance: All deliverables must be submitted to and approved by the COR.

8.2 Notice Regarding Late Delivery: The contractor shall notify the COR as soon as it becomes apparent to the contractor that a scheduled delivery will be late. The contractor shall include in the Problem Notification Report (PNR) the rationale for late delivery, the expected date for the delivery and the project impact of the late deliver.

8.3 The contractor must include the DSR with each invoice submitted for payment to the COR.

8.4 Develop and publish a formal plan to address procedures and resources available for on-site safety, ‘real-world’ emergencies and life support capabilities. Plan must be submitted to contracting within 10 days of award.

9. Actual Deliverables due to COR:

1. Delivery Schedule

2. Emergency phone numbers

3. Contractor and/or employee basic information

4. Portable Chemical Toilets and Hand Washing Stations

5. Gray water pumping

6. Portable trailer shower units

7. AT Level I Training

8. iWATCH Training

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $8,575.00 $8,575.00

TOILETS

FFP

1. Provide Thirty Five (35) outdoor style portable chemical toilet rentals, service and relocations in accordance with the PWS-section 2.1

2. Point of contact for the (POC) Point of contact for the Oregon Army National Guard is Jarod Condit @ jerod.m.condit.mil@mail.mil or at (503) 584-2235or his cell phone @ (503) 931-7226. Please also feel free to contact the contracting office with any questions.

3. Point of contact for Ok’s Cascade is Ken Nance Phone: (425) 466-9800;

or (360) 863-2182 or by email at kenn@oks.com

4. Delivery Information is: Camp Umatilla, Oregon, 78080 Ordnance Road, Hermiston, Oregon (Exit 177)

5. Point of contact for Commercial Pay Information is Lorie Simons email:

lorrie.e.simons.civ@mail.mil Phone: 503-584-3986

FOB: Destination

PURCHASE REQUEST NUMBER: 0011452966-0002

PSC CD: W099

NET AMT $8,575.00

ACRN AA

CIN: GFEBS001145296600001

$8,575.00

0002 1 Job $4,845.00 $4,845.00

SINKS

FFP

1.Provide twelve (12) portable double sink hand washing stations rentals, service and movements in accordance with the PWS, section 2.2.

2.Point of contact for the (POC) Point of contact for the Oregon Army National Guard is Jarod Condit @ jerod.m.condit.mil@mail.mil or at (503) 584-2235or his cell phone @ (503) 931-7226. Please also feel free to contact the contracting office with any questions.

3.Point of Contact for Ok’s Cascade is Ken Nance Phone: (425) 466-9800; or (360) 863-2182 or by email at kenn@oks.com 4.Delivery Information is: Camp Umatilla, Oregon, 78080 Ordnance Road, Hermiston, Oregon (Exit 177) 5.Point of contact for Commercial Pay Information is Lorie Simons email:

lorrie.e.simons.civ@mail.mil Phone: 503-584-3986

FOB: Destination

NET AMT $4,845.00

CIN: GFEBS001145296600002

$4,845.00

0003 1 Job $60,775.00 $60,775.00

SHOWERS

FFP

1.Provide 2 shower trailer units, service and relocation along with gray water service in accordance with the PWS, section 2.3 2.Point of contact for the (POC) Point of contact for the Oregon Army National Guard is Jarod Condit @ jerod.m.condit.mil@mail.mil or at (503) 584-2235or his cell phone @ (503) 931-7226. Please also feel free to contact the contracting office with any questions.

3.Point of Contact for Ok’s Cascade is Ken Nance Phone: (425) 466-9800; or (360) 863-2182 or by email at kenn@oks.com 4.Delivery Information is: Camp Umatilla, Oregon, 78080 Ordnance Road, Hermiston, Oregon (Exit 177) 5.Point of contact for Commercial Pay Information is Lorie Simons email:

lorrie.e.simons.civ@mail.mil Phone: 503-584-3986

FOB: Destination

NET AMT $60,775.00

CIN: GFEBS001145296600003

$60,775.00

0004 1 Job NSP

CRMA

FFP

Contracting Manpower Recording Act (CMRA):

1.The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the National Guard Bureau via a secure data collection site.

2.The Contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the helpdesk at http://www.ecmra.mil 3.Unit Identification Code (UIC) for the Requiring Activity: W90KNA 4.Issuing Office DoDAAC: W912JV

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2020 TO

13-AUG-2020

N/A HHC 1249 ENGINEERS

JEROD CONDIT

78080 ORDNANCE ROAD

HERMISTON OR

(503) 584-2235 X 2235

W90KNA

0002 POP 01-AUG-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-AUG-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-AUG-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

ACCOUNTING AND APPROPRIATION DATA

AA: 02120202020206500001111132520040133229 6100.9000021001

COST CODE: A18QF

AMOUNT: $74,195.00

ACRN CLIN/SLIN CIN AMOUNT

AA 0001 GFEBS001145296600001 $8,575.00

0002 GFEBS001145296600002 $4,845.00

0003 GFEBS001145296600003 $60,775.00

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-6 Notice Of Total Small Business Set-Aside MAR 2020 52.219-14 Limitations On Subcontracting MAR 2020 52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations JUN 2020 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.239-1 Privacy or Security Safeguards AUG 1996 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

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

MAY 2016

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

Reports

DEC 2018

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 252.246-7008 Sources of Electronic Parts MAY 2018

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JUL 2020)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii)…

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