Chase_Plane_Solicitation.pdf
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- CHASE PLANE SERVICES
- Solicitation number
- W912LA-14-R-8001
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163 BASE CONTRACTING OFFICE
1620 GRAEBER ST, STE 29
MARCH ARB CA 92518
951-655-5439
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
7.0M
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
W912LA-14-R-8001 16-Apr-2014
b. TELEPHONE NUMBER
951-655-5461
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 16 May 2014
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
W912LA
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE F7S10G 16. ADMINISTERED BY
163 RW - MARCH ARB
ROBERT J. FRANTAL
18374 PHANTOM ST
VICTORVILLE CA 92394
TEL: (951) 655-6832 FAX:
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
CRYSTAL ROSSMAN
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
481219
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: 100 % FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
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
TEL: EMAIL:
2 COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
X
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
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 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED
Base Year UAV Observation
FP-EPA
Provide Chase Plane Support of the Unmanned Aerial Vehicle (UAV), for the period July 1, 2014 -June 30, 2015.
FOB: Destination
MAX NET AMT
UNIT UNIT PRICE MAX AMOUNT
0001AA UNDEFINED Days
AVAILABLE DAYS
FP-EPA
Price per available day. This price will include all direct and indirect costs, excluding the cost of the authorized Chase Plane flight hours. The Government guarantees a minimum of 175 available days per year. The Government's best estimate of the actual days required is 274 days. The contractor should base their proposal on 274 available days for calculating annual costs and overhead rates.
See Statement of Work for details.
UNIT UNIT PRICE MAX AMOUNT
0001AB UNDEFINED Hours
AUTHORIZED HOURS
FP-EPA
Price per authorized flight hour. The Government guarantees a minimum of 2 flight hours per available day. The Government's best estimate of the actual flight hours required per year is 432 hours. The contractor should base their proposal on 432 flight hours per year for calculating costs and overhead rates, though this number is not guaranteed. Authorized flight hours start at SCLA Victorville, and include all required UAV support and return to Victorville. If not based at SCLA Victorville, flight hours to/from that location should be included in the available day rate. Authorized flight hours over 2, shall be billed in 1/10 hour increments, per the engine hour meter. A quarterly Economic Price Adjustment is authorized for fuel for the Chase Plane. See Statement of Work for details.
UNIT UNIT PRICE MAX AMOUNT
0001AC UNDEFINED Hours
AUTHORIZED NIGHT HOURS
FP-EPA
Price per authorized night flight hour. The Government's best estimate of the actual flight night hours required per year is 48 hours. The contractor should base their proposal on 48 night flight hours per year for calculating costs and overhead rates, though this number is not guaranteed. Authorized flight hours start at SCLA Victorville, and include all required UAV support and return to Victorville. If not based at SCLA Victorville, flight hours to/from that location should be included in the available day rate. Authorized flight hours over 2, shall be billed in 1/10 hour increments, per the engine hour meter. A quarterly Economic Price Adjustment is authorized for fuel for the Chase Plane. See Statement of Work for details.
UNIT UNIT PRICE MAX AMOUNT
0002 UNDEFINED
OPTION Option Year 1 - UAV Observation
FP-EPA
Provide Chase Plane Support of the Unmanned Aerial Vehicle (UAV), for the period July 1, 2015 - June 30, 2016.
UNIT UNIT PRICE MAX AMOUNT
0002AA UNDEFINED Days
OPTION AVAILABLE DAYS
FP-EPA
Price per available day. This price will include all direct and indirect costs, excluding the cost of the authorized Chase Plane flight hours. The Government guarantees a minimum of 175 available days per year. The Government's best estimate of the actual days required is 274 days. The contractor should base their proposal on 274 available days for calculating annual costs and overhead rates, though this number is not guaranteed. See Statement of Work for details.
UNIT UNIT PRICE MAX AMOUNT
0002AB UNDEFINED Hours
OPTION AUTHORIZED HOURS
FP-EPA
Price per authorized flight hour. The Government guarantees a minimum of 2 flight hours per available day. The Government's best estimate of the actual flight hours required per year is 432 hours. The contractor should base their proposal on 432 flight hours per year for calculating costs and overhead rates, though this number is not guaranteed. Authorized flight hours start at SCLA Victorville, and include all required UAV support and return to Victorville. If not based at SCLA Victorville, flight hours to/from that location should be included in the available day rate. Authorized flight hours over 2, shall be billed in 1/10 hour increments, per the engine hour meter. A quarterly Economic Price Adjustment is authorized
UNIT UNIT PRICE MAX AMOUNT
0002AC UNDEFINED Hours
OPTION AUTHORIZED NIGHT HOURS
FP-EPA
rice per authorized night flight hour. The Government's best estimate of the actual flight night hours required per year is 48 hours. The contractor should base their proposal on 48 night flight hours per year for calculating costs and overhead rates, though this number is not guaranteed. Authorized flight hours start at SCLA Victorville, and include all required UAV support and return to Victorville. If not based at SCLA Victorville, flight hours to/from that location should be included in the available day rate. Authorized flight hours over 2, shall be billed in 1/10 hour increments, per the engine hour meter. A quarterly Economic Price Adjustment is authorized for fuel for the Chase Plane. See Statement of Work for
UNIT UNIT PRICE MAX AMOUNT
0003 UNDEFINED
OPTION Option Year 2 - UAV Observation
FP-EPA
period July 1, 2016 - June 30, 2017.
UNIT UNIT PRICE MAX AMOUNT
0003AA UNDEFINED Days
OPTION AVAILABLE DAYS
FP-EPA
Price per available day. This price will include all direct and indirect costs, excluding the cost of the authorized Chase Plane flight hours. The Government guarantees a minimum of 175 available days per year. The Government's best estimate of the actual days required is 274 days. The contractor should base their proposal on 274 available days for calculating annual costs and overhead rates, UNIT UNIT PRICE MAX AMOUNT
0003AB UNDEFINED Hours
OPTION AUTHORIZED HOURS
FP-EPA
Price per authorized flight hour. The Government guarantees a minimum of 2 flight hours per available day. The Government's best estimate of the actual flight hours required per year is 432 hours. The contractor should base their proposal on 432 flight hours per year for calculating costs and overhead rates, though this number is not guaranteed. Authorized flight hours start at SCLA Victorville, and include all required UAV support and return to Victorville. If not based at SCLA Victorville, flight hours to/from that location should be included in the available day rate. Authorized flight hours over 2, shall be billed in 1/10 hour increments, per the engine hour meter. A quarterly Economic Price Adjustment is authorized
UNIT UNIT PRICE MAX AMOUNT
0003AC UNDEFINED Hours
OPTION AUTHORIZED NIGHT HOURS
FP-EPA
Price per authorized night flight hour. The Government's best estimate of the actual flight night hours required per year is 48 hours. The contractor should base their proposal on 48 night flight hours per year for calculating costs and overhead rates, though this number is not guaranteed. Authorized flight hours start at SCLA Victorville, and include all required UAV support and return to Victorville. If not based at SCLA Victorville, flight hours to/from that location should be included in the available day rate. Authorized flight hours over 2, shall be billed in 1/10 hour increments, per the engine hour meter. A quarterly Economic Price Adjustment is authorized for fuel for the Chase Plane. See Statement of Work for
UNIT UNIT PRICE MAX AMOUNT
0004 UNDEFINED
OPTION Option Year 3 - UAV Observation
FP-EPA
period July 1, 2017 - June 31, 2018.
UNIT UNIT PRICE MAX AMOUNT
0004AA UNDEFINED Days
OPTION AVAILABLE DAYS
FP-EPA
Price per available day. This price will include all direct and indirect costs, excluding the cost of the authorized Chase Plane flight hours. The Government guarantees a minimum of 175 available days per year. The Government's best estimate of the actual days required is 274 days. The contractor should base their proposal on 274 available days for calculating annual costs and overhead rates, UNIT UNIT PRICE MAX AMOUNT
0004AB UNDEFINED Hours
OPTION AUTHORIZED HOURS
FP-EPA
Price per authorized flight hour. The Government guarantees a minimum of 2 flight hours per available day. The Government's best estimate of the actual flight hours required per year is 432 hours. The contractor should base their proposal on 432 flight hours per year for calculating costs and overhead rates, though this number is not guaranteed. Authorized flight hours start at SCLA Victorville, and include all required UAV support and return to Victorville. If not based at SCLA Victorville, flight hours to/from that location should be included in the available day rate. Authorized flight hours over 2, shall be billed in 1/10 hour increments, per the engine hour meter. A quarterly Economic Price Adjustment is authorized
UNIT UNIT PRICE MAX AMOUNT
0004AC UNDEFINED Hours
OPTION AUTHORIZED NIGHT HOURS
FP-EPA
Price per authorized night flight hour. The Government's best estimate of the actual flight night hours required per year is 48 hours. The contractor should base their proposal on 48 night flight hours per year for calculating costs and overhead rates, though this number is not guaranteed. Authorized flight hours start at SCLA Victorville, and include all required UAV support and return to Victorville. If not based at SCLA Victorville, flight hours to/from that location should be included in the available day rate. Authorized flight hours over 2, shall be billed in 1/10 hour increments, per the engine hour meter. A quarterly Economic Price Adjustment is authorized for fuel for the Chase Plane. See Statement of Work for
UNIT UNIT PRICE MAX AMOUNT
0005 UNDEFINED
OPTION Option Year 4 - UAV Observation
FP-EPA
period July 1, 2018 - June 31, 2019.
UNIT UNIT PRICE MAX AMOUNT
0005AA UNDEFINED Days
OPTION AVAILABLE DAYS
FP-EPA
Price per available day. This price will include all direct and indirect costs, excluding the cost of the authorized Chase Plane flight hours. The Government guarantees a minimum of 175 available days per year. The Government's best estimate of the actual days required is 274 days. The contractor should base their proposal on 274 available days for calculating annual costs and overhead rates, though this number is not guaranteed. See Statement of Services for details.
UNIT UNIT PRICE MAX AMOUNT
0005AB UNDEFINED Hours
OPTION AUTHORIZED HOURS
FP-EPA
Price per available day. This price will include all direct and indirect costs, excluding the cost of the authorized Chase Plane flight hours, required to perform the required services. The Government guarantees a minimum of 175 available days per year. The Government's best estimate of the actual days required is 274 days. The contractor should base their proposal on 274 available days for calculating annual costs and overhead rates, though this number is not guaranteed.
An annual Economic Price Adjustment is authorized for wages/salaries, benefits and compensation costs for the Chase Pilot and UAV Observer. See Statement of Work for details.
UNIT UNIT PRICE MAX AMOUNT
0005AC UNDEFINED Hours
OPTION AUTHORIZED NIGHT HOURS
FP-EPA
Price per authorized night flight hour. The Government's best estimate of the actual flight night hours required per year is 48 hours. The contractor should base their proposal on 48 night flight hours per year for calculating costs and overhead rates, though this number is not guaranteed. Authorized flight hours start at SCLA Victorville, and include all required UAV support and return to Victorville. If not based at SCLA Victorville, flight hours to/from that location should be included in the available day rate. Authorized flight hours over 2, shall be billed in 1/10 hour increments, per the engine hour meter. A quarterly Economic Price Adjustment is authorized for fuel for the Chase Plane. See Statement of Work for
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
JAN 1997
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUL 2013
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
MAY 2011
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
AUG 2013
52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (NOV 2013) Alternate I
APR 2011
52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-21 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data-- Modifications
OCT 2010
52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort
OCT 2009
52.216-4 Economic Price Adjustment-Labor and Material JAN 1997 52.216-19 Order Limitations OCT 1995 52.216-22 Indefinite Quantity OCT 1995 52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns JUL 2013 52.219-9 Alt II Small Business Subcontracting Plan (JULY 2013) Alternate
II
OCT 2001
52.219-14 Limitations On Subcontracting NOV 2011 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-25 Small Disadvantaged Business Participation Program--
Disadvantaged Status and Reporting
JUL 2013
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers JAN 2013 52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
SEP 2010
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-41 Service Contract Act Of 1965 NOV 2007 52.222-43 Fair Labor Standards Act And Service Contract Act - Price
Adjustment (Multiple Year And Option)
SEP 2009
52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-16 Alt I IEEE 1680 Standard for the Environmental Assessment of
Personal Computer Products (Dec 2007) Alternate I
DEC 2007
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture SEP 2006 52.225-20 Prohibition on Conducting Restricted Business Operations in
Sudan--Certification
AUG 2009
52.227-1 Authorization and Consent DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-25 Prompt Payment JUL 2013 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes JUL 2002 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
52.237-3 Continuity Of Services JAN 1991 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items JUL 2013 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
52.249-2 Termination For Convenience Of The Government (Fixed- Price)
APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country
JAN 2009
252.209-7994 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law—Fiscal Year 2014 Appropriations (Deviation)
OCT 2013
252.211-7003 Item Identification and Valuation JUN 2013 252.215-7000 Pricing Adjustments DEC 2012 252.215-7008 Only One Offer OCT 2013 252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 2012
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7006 Quarterly Reporting of Actual Contract Performance Outside the United States
OCT 2010
252.229-7999 (Dev) Foreign Contracts in Afghanistan (Deviation) JUL 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7000 Material Inspection And Receiving Report MAR 2008
CLAUSES INCORPORATED BY FULL TEXT
52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)
(a) Definitions. As used in this clause--
Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:
(1) Planning acquisitions.
(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.
(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.
(4) Evaluating contract proposals.
(5) Awarding Government contracts.
(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).
(7) Terminating contracts.
(8) Determining whether contract costs are reasonable, allocable, and allowable.
Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--
(1) An employee of the contractor; or
(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.
Non-public information means any Government or third-party information that--
(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or
(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.
Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)
(1) Among the sources of personal conflicts of interest are--
(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;
(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and
(iii) Gifts, including travel.
(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--
(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;
(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);
(iii) Services provided in exchange for honorariums or travel expense reimbursements;
(iv) Research funding or other forms of research support;
(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);
(vi) Real estate investments;
(vii) Patents, copyrights, and other intellectual property interests; or
(viii) Business ownership and investment interests.
(b) Requirements. The Contractor shall--
(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--
(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:
(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.
(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).
(C) Gifts, including travel; and
(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.
(2) For each covered employee--
(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;
(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and
(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.
(3) Inform covered employees of their obligation--
(i) To disclose and prevent personal conflicts of interest;
(ii) Not to use non-public information accessed through performance of a Government contract for personal gain;
and
(iii) To avoid even the appearance of personal conflicts of interest;
(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;
(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and
(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--
(i) Failure by a covered employee to disclose a personal conflict of interest;
(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and
(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.
(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--
(i) Agreement to a plan to mitigate the personal conflict of interest; or
(ii) A waiver of the requirement.
(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.
(3) The Contractor shall--
(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or
(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.
(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--
(1) That exceed $150,000; and
(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).
(End of clause)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
___ TIN:.--------------------------------------------------------
___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
___ Offeror is an agency or instrumentality of a foreign government;
___ Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
___ Sole proprietorship;
___ Partnership;
___ Corporate entity (not tax-exempt);
___ Corporate entity (tax-exempt);
___ Government entity (Federal, State, or local);
___ Foreign government;
___ International organization per 26 CFR 1.6049-4;
___ Other--------------------------------------------------------
(f) Common parent.
___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
___ Name and TIN of common parent:
Name-------------------------------------------------------------------
TIN--------------------------------------------------------------------
(End of provision)
52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)
(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and
(D) Have ( ), have not ( ), within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JULY 2013)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (http://assist.daps.dla.mil).
(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).
(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 (http://assist.daps.dla.mil/wizard);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose…
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