16-R-8003-02_Epoxy_Flooring_Solicitation_with_attachments.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W912LA-16-R-8003-0002

2. TYPE OF SOLICITATION 3. DATE ISSUED

22-Mar-2016

PAGE OF PAGES

SEALED BID (IFB)

NEGOTIATED (RFP) X

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

7. ISSUED BY CODE W912LA 8. ADDRESS OFFER TO (If Other Than Item 7) CODE

163 BASE CONTRACTING OFFICE

1620 GRAEBER ST, STE 29

MARCH ARB CA 92518

TEL: 951-655-5439 FAX:

See Item 7

TEL: FAX:

9. FOR INFORMATION

CALL:

A. NAME

AARON R. LAY

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(951) 655-4339

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Repair existing epoxy flooring system in buildings 2273 and 2274 located on March Air Reserve Base, Calif ornia, w hich are existing facilities serving the 163D Attack Wing.

Also, this project includes demo of existing carpet and sealing concrete slab in bldg. 2272 and bldg 2275. 2275 also includes scope to provide rubber subfloor leveler, carpet and rubber base All w ork done per SOW 27 April 2016.

MAGNITUDE: $100,000 - $250,000

11. The Contractor shall begin perf ormance w ithin 10 calendar days and complete it w ithin calendar days after receiving aw ard, X notice to proceed. This perf ormance period is mandatory, negotiable. (See .)

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed of fers in original and copies to perf orm the w ork required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, off ers must be publicly opened at that time. Sealed envelopes containing of fers shall be marked to show the of feror's name and address, the solicitation number, and the date and time off ers are due.

B. An of fer guarantee is, X is not required.

C. All off ers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 90 calendar days for Government acceptance af ter the date off ers are due w ill not be considered and w ill be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

1392807590N Highlight

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

OFFER (M ust be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

See Item 14

CODE FACILITY CODE

17. The of feror agrees to perf orm the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin calendar days af ter the date off ers are due. (Insert any number equal to or greater than the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

SEE SCHEDULE OF PRICES

18. The of f eror agrees to f urnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY: CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this 29. AWARD (Contractor is not required to sign this document.)

document and return _ copies to issuing office.) Contractor agrees to f urnish and deliv er all items or perf orm all work, requisitions identif ied on this f orm and any continuation sheets f or the consideration stated in this contract. The rights and obligations of the parties to this contract shall be gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

Y our of f er on this solicitation, is hereby accepted as to the items listed. This award con-summates the contract, which consists of (a) the Gov ernment solicitation and y our of f er, and (b) this contract award. No f urther contractual document is necessary .

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

TEL: EMAIL:

30B. SIGNATURE 30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

NSN 7540-01-155-3212 STANDARD FORM 1442 BACK (REV. 4-85)

W912LA-16-R-8003

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Bldg 2272 PER SOW

FFP

BLDG 2272 PER SOW

FOB: Destination

SIGNAL CODE: A

NET AMT

0002 1 Job

Bldg 2273 PER SOW

BLDG 2273 PER SOW

0003 1 Job

Bldg 2274 PER SOW

BLDG 2274 PER SOW

0004 1 Job

Bldg 2275 PER SOW

FFP

BLDG 2275 PER SOW

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 31-MAY-2016 TO

30-NOV-2016

N/A 163 RW - MARCH ARB

DAN BAROSSO

163 CIVIL ENGINEERING

5237 AIR GUARD WAY

MARCH ARB CA 92518

951-655-5456

F7S3E1

0002 POP 31-MAY-2016 TO N/A 163 RW - MARCH ARB F7S3E1

30-NOV-2016 DAN BAROSSO

163 CIVIL ENGINEERING

5237 AIR GUARD WAY

MARCH ARB CA 92518

951-655-5456

0003 POP 31-MAY-2016 TO N/A 163 RW - MARCH ARB F7S3E1

163 CIVIL ENGINEERING

5237 AIR GUARD WAY

MARCH ARB CA 92518

0004 POP 31-MAY-2016 TO N/A 163 RW - MARCH ARB F7S3E1

163 CIVIL ENGINEERING

5237 AIR GUARD WAY

MARCH ARB CA 92518

Section 00 21 00 - Instructions

STATEMENT OF WORK

STATEMENT OF WORK

REPAIR EPOXY FLOORS

Buildings 2272, 2273, 2274 & 2275

163 CES, MARCH AIR RESERVE BASE CA

PDPG162007 WO201600524

California Air National Guard 163 Civil Engineering Squadron

5237 Air Guard Way, Ste 23, Bldg 2276 March ARB, CA 92519

(909) 655-5456

Apr 27, 2016

1 GENERAL REQUIREMENTS

1.1 PURPOSE & SCOPE OF WORK

Repair flooring in various building located on March Air Reserve Base, California, which are existing facilities serving the 163D Attack Wing.

A Bldg 2272 1 Remove existing carpeting and base in office corridors and breakroom.

2 Provide Moisture Barrier Cementitious Underlayment for NIC rubber flooring.

B Bldg 2273

1 Prep warehouse floor.

2 Provide Chemical Resistant Coating.

3 Restripe ~450 LF to be determined by COR.

C Bldg 2274

1 Prep vehicle maintenance flooring.

2 Provide Modified Polyurethane Concrete Epoxy Urethane Flooring.

3 Apply 1/4” nominal depth epoxy mortar system according to “Full depth” Spec.

4 Restripe ~150 LF to be determined by COR.

D Bldg 2275 1 Remove existing carpeting, subfloor leveler, and rubber base in classrooms.

2 Prep floor and provide Moisture Vapor Barrier.

3 Provide rubber subfloor leveler, carpet and rubber base.

The repairs will be completed in a single phase per building and shall be completed in a timely manner. Note Bldg 2272, work must be scheduled after normal work hours or on weekends.

1.2 JOB SITE VISIT

A Job Site Visit was conducted on 13 April 2016 at 1000am PST. A list of the attendees is attached to the amended solicitation.

1.3 BIDDING

Submit cost proposals to the CO. All proposals must be in writing, using the form specified in the solicitation. All proposals must be received by the date and time specified in the solicitation.

Alternate materials (or equal) that conform to the specified performance thresholds are acceptable.

1.4 CODES AND REGULATIONS

A Project shall be designed and constructed in compliance with the following codes:

1 2010 Title 24 California Code of Regulations with Amendments.

a Part 2 California Building Code b c d

Part 6 Part 9 Part 11

California Energy Code California Fire Code California Green Building Standards Code (esp. for low emitting materials, including adhesives, sealants, and paints, and construction waste).

B Non-Regulatory Criteria Documents: In addition to specific regulatory requirements, the following documents are also incorporated into the definition of "the code" for the purposes of this project, except for administrative provisions contained therein; where referenced, the role of the code official described in the document will be performed by Government.

1 National Fire Protection Association.

a NFPA 70, National Electrical Code, 2008 b NFPA 72-2010, National Fire Alarm Code c NFPA 101-2009, Life Safety Code.

2 Department of Defense, Unified Facility Criteria (UFC).

a UFC 1-200-01, 16 Aug 2010, Design: General Building Requirements b UFC 3-210-01, 15 Nov 2010, Low Impact Development, Eisa Section 438 c UFC 3-110-03, 22 May 2014, Roofing d UFC 3-600-01, July 2009, Fire Protection Engineering for Facilities e UFC 4-010-01, 08 Oct 2003, DoD Minimum Antiterrorism Standards for Buildings, Includes Change 1.

3 ANG ETL 01-1-1, ANG Design Guide

1.5 WORKMANSHIP

All work shall be accomplished in a professional manner by experienced tradespersons to the complete satisfaction of the COR.

1.6 APPROVALS AND CHANGES

A Submit all proposed change order documents to the Contracting Office for approval prior to procurement of equipment and commencement of the change.

B No deviation from approved plans, specifications and general notes will be permitted without written approval by the Contracting Office. Requests for deviations or substitutions must be submitted on a substitution request form available from the Contracting Office.

1.7 SUBMITTALS

All submittals listed below shall be submitted after award at least seven working days prior to use on site, or as noted below.

A INITIAL SUBMITTALS

1 Submit the following items no later than the Preconstruction Meeting. a AF 3064 (or equivalent) – Project Schedule b AF 3065 – Schedule of Values

2 Submit the following items at least seven working days prior to onsite work. a Safety Plan b Quality Control Plan

3 The Government shall have up to five working days to review submittals. B PRODUCT SUBMITTALS

1 Submit product data for all material items provided under this contract.

2 Refer to attachment 3.2: Resinous Flooring specifications for floor system submittal requirements.

3 The Government shall have up to five working days to review product submittals. C HAZARDOUS MATERIALS

1 Submit two copies of the manufacturer’s Material Safety Data Sheets (MSDS) for all hazardous materials used during the course of the project along with the following additional information:

a Number of components in material if it is a kit b Container type c Unit of packaging (oz, gal, lb, qt, ea, etc.) d Package (can, drum, bottle, cylinder, etc.)

1.8 WARRANTIES AND CERTIFICATIONS

1 All work completed under this contract shall be guaranteed by the contractor against defects in materials or workmanship for a period of one year from date of final project acceptance.

2 Product or system specific warranties are detailed in Attachment 3.3:

Resinous Flooring Specification

1.9 COORDINATION

A The contractor shall coordinate all work with the COR.

B Contact the COR three working days in advance of mobilization on site and provide proper documentation (contractor vetting form) to allow for processing of base access paperwork. This requirement includes deliveries of any kind.

C Same day request and access is not always possible.

1.10 TEMPORARY FACILITIES

The contractor shall be provided reasonable access to existing electricity, water, and sewer utilities required to perform the work. If additional new temporary utility connections are required, the contractor shall pay for connections and service.

1.11 CONTRACTOR MATERIAL STORAGE

The contractor shall submit a request in writing for material storage or laydown areas not immediately inside the area of work. Exterior laydown requests must include a site plan schematic showing area in reference to existing buildings.

1.12 DAMAGE

The Contractor shall be responsible for any damages cause to any existing work areas during the entire performance of this project. The Contractor shall be responsible to rectified or replaced any equipment damaged without additional expense to the Government.

1.13 QUALITY CONTROL

A A pre-construction conference will be held by the Contracting Office at a time prior to the commencement of work and shall be attended by the COR, the end user, and the Contractor.

B The purpose of this conference is to completely review the job and the specifications to confirm mutual understanding of the job content and performance.

C The Contractor is responsible for quality control. Inspections by the COR do not alleviate the contractor from his responsibility. The Contractor shall be responsible for all applicable material testing and special inspection activities necessary to ensure the project is constructed according to code and specifications.

1.14 SCHEDULES

A The Contractor shall begin work within 10 calendar days after the issuance of the Notice to Proceed.

B The period of performance for this project shall be 180 days starting 10 days after the Notice to Proceed.

C No on-site work shall start until the Contractor has an Approved Project Schedule. C The COR will coordinate Contractor work schedules upon award.

D The COR will notify the Contractor if a job site is located in a secure area.

1 The Contractor shall provide written notice to the COR at least three working days prior to working in secure areas.

2 Government provided escorts are required on job sites within secure areas.

3 The COR will provide a letter to the Contractor granting permission for work within secure areas.

a The notice shall include working hours, location of work, and number of workers.

b The Contractor shall keep this letter on the jobsite at all times.

1.15 CONTRACTOR IDENTIFICATION BADGES

A Base accesses passes will be issued by the 452nd Security Forces Squadron (SFS) to the contractor at the Visitor Center within ten days after the COR has received and submitted the contractor vetting forms. Passes shall be handled in accordance with instructions from Security Forces.

B The following are the requirements and procedures for the contractor:

1 Contractors and sub-contractors working on the installation for 30 calendar days or more must be issued contractor identification badges.

2 Contractors working in Controlled or Restricted areas or any area on the flight line must be issued a specific contractor identification badge or be escorted.

1.16 HOURS OF WORK

A Normal hours of operation for construction are 7:00 am through 4:00 pm Monday through Friday, excluding any federally recognized holidays.

B Requests to work outside the normal work hours must be made to the COR at least three working days in advance. The COR may reject requests at the convenience of the government. Failure to make requests at least three working days in advance may result in being denied base access or being required to leave the base

1.17 CUTTING AND PATCHING

A Cutting and patching includes cutting into existing structures to provide for the performance of the work and subsequent fitting and patching as required to restore surfaces disturbed, damaged or otherwise altered to their original or specified condition.

B Visual Requirements: Do not cut and patch work in a manner that would result in substantial visual evidence of cut and patch work. Remove and replace work judged by the COR to be cut and patched in a visually unsatisfactory manner.

C If possible, retain the original installer or fabricator, or another recognized experienced and specialized firm to cut and patch.

D Use materials for cutting and patching that are identical to existing materials. If identical materials are not available, or cannot be used, use materials that match existing adjacent surfaces to the fullest extent possible with regard to visual effect.

Use materials for cutting and patching that will result in equal-or-better performance characteristics.

E Restore surfaces of patched areas to match adjacent finishes. Where necessary, extend finish restoration into retained adjoining work in a manner, which will eliminate of patching and refinishing.

1.18 CLEAN-UP

A The contractor shall clean up and remove from the site all rubbish, which has resulted from any contract work and shall leave the premises in a clean, orderly and safe condition, acceptable to the COR.

B Protect existing building and contents from damage, dirt and dust during construction related activities.

C The contractor shall dispose of all waste offsite as required. If a material that is not indicated on any contract documents or drawings is encountered, and determined to be potentially dangerous to human health upon disturbance during construction operations, the contractor shall stop that portion of work and notify the CO immediately. This would include poly-chlorinated biphenyl’s (PBCs), lead paint, asbestos, contaminated soils, etc. The CO will then determine the appropriate course of action.

1.19 ENVIRONMENTALCOMPLIANCE

A Spill Notification: The contractor shall notify the COR upon spilling any quantity of hazardous materials/waste. Spill Containment Control and Countermeasures shall be provided by the contractor in accordance with 20 CFR 112.

B Hazardous Materials Storage. Ensure all hazardous materials stored outdoors are placed in secondary containment in accordance with 40 CFR.

C Hazardous Waste: All hazardous waste generated from the use of hazardous materials becomes the property of the government for disposal. The contractor shall make the COR aware of all hazardous waste accumulation and disposal requirements through the Hazmat disclosure process. The contractor shall accumulate hazardous waste on site in an approved container and location and request disposal from the environmental office with 2-week notice.

1 In the event that the contractor could not offer hazardous building components to be re-used upon removal, the contractor shall collect, containerize and dispose of these components in a manner approved by the COR. The Contractor shall submit their collection, containerization, and disposal plan to the COR for approval.

1.20 FACILITY SERVICE OUTAGES

If the project requires any facility utility outages, the contractor shall provide a written request at least 72 hours before planned outage period and receive approval from 163 CES customer service before disconnection.

1.21 PARKING

Adequate on-site parking for contractor vehicles will be designated by the Government.

2 DESCRIPTION OF WORK

Provide labor, equipment, and materials to complete floor repairs described in the attached drawings and specifications.

2.1 PRICING

CLIN 1: Building 2272 CLIN 2: Building 2273 CLIN 3: Building 2274 CLIN 4: Building 2275

2.2 TESTING AND CERTIFICATION

Work requiring system testing and certification shall be scheduled by the contractor during business hours and in coordination with Fire Department, etc.

3 ATTACHMENTS

3.1 DRAWINGS

3.2 SPECIFICATIONS

A. Moisture Barrier Cementitious Underlayment

B. Chemical Resistant Coating

C. Modified Polyurethane Concrete Epoxy Urethane Flooring

D. Moisture Barrier

E. Carpet

3.3 PHOTOGRAPHS OF WORK LOCATIONS

RFP PARTICULARS

RFP PARTICULARS

MAGNITUDE OF PROJECT: $100,000 - $250,000

PROPOSAL DUE DATE: All offers are due on 11 MAY 2016 at 1500 PST.

Email aaron.r.lay2.mil@mail.mil or hand-deliver proposals to:

Attn: Aaron Lay 1620 Graeber St, Suite 29, March ARB CA. 92518 Facsimile proposals will not be accepted.

PERFORMANCE PERIOD: 30 Calendar Days, after receipt of Notice to Proceed

PERFORMANCE & PAYMENT BONDS: In accordance with FAR Clause 52.228-15 Performance and Payment Bonds – Construction, contractors are reminded that any amount awarded over $30,000 shall require Payment Bonds and awards exceeding $150,000 shall require both Payment and Performance Bonds. All bonds are due no later than 10 days after award.

PROJECT SAFETY: In accordance with FAR 52.236-13, Accident Prevention, construction contractors are required to use the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385- 1-

1. To view this manual click here:

http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx

WAGE DETERMINATION: Currently, General Decision Number CA150036 Modification No. CA36 dated 03/04/2016 for Riverside County is applicable to this task order. Rates can be found at http://www.wdol.gov/wdol/scafiles/davisbacon/CA.html. However, the current prevailing Wage Determination will be incorporated at time of award. In the event the current prevailing Wage Determination is changed by the Department of Labor after the closing date of this solicitation, the updated Wage Determination will be incorporated by amendment and issued to all offerors that have not been eliminated from the competition. If applicable, these offerors/contractors will be given a reasonable opportunity to provide revised proposals solely to amend proposals due to Wage Determination changes. This does not constitute and shall not be construed as discussions if award without discussions is contemplated.

QUESTIONS AND ANSWERS: A list of RFIs and their respective answers has been attached to this solicitation amendment. All new RFIs must be submitted no later than close of business 4 May 2016. Answers will be provided through solicitation amendment. Please submit all RFIs to Aaron Lay at aaron.r.lay2.mil@mil.mil.

SITE VISIT: A Job Site Visit was conducted on 13 April 2016 at 1000am PST. A list of the attendees is attached to this solicitation amendment.

BASIS FOR AWARD: LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA)

ACCEPTANCE PERIOD: Government required acceptance period is 90 days after receipt of Quote/proposal.

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

CLAUSES INCORPORATED BY FULL TEXT

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs

(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) ) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS. (OCT 2015)

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

Person--

(1) ) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703- 4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225- 24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(DEVIATION 2016-O0001)(DEC 2015)

(a) Definitions. As used in this provision— “Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION

2016-O0001)(OCT 2015).

(b) The security requirements required by contract clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2016-O0001)(OCT 2015) shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) If the Offeror anticipates that additional time will be necessary to implement derived security requirement 3.5.3 “Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts” within National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations (see http://dx.doi.org/10.6028/NIST.SP.800-171), the Offeror shall notify the Contracting Officer that they will implement the requirement within 9 months of contract award.

(d) If the Offeror proposes to deviate from any of the security requirements in NIST SP 800-171that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(1) Why a particular security requirement is not applicable; or

(2) How an alternative, but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(e) An authorized representative of the DoD CIO will approve or disapprove offeror requests to deviate from NIST SP 800- 171 requirements in writing prior to contract award. Any approved deviation from NIST SP 800-171 shall be incorporated into the resulting contract.

252.213-7000 NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST PERFORMANCE INFORMATION

RETRIEVAL SYSTEM--STATISTICAL REPORTING IN PAST PERFORMANCE EVALUATIONS (JUNE

2015)

(a) The Past Performance Information Retrieval System--Statistical Reporting (PPIRS-SR) application (http://www.ppirs.gov/) will be used in the evaluation of suppliers' past performance in accordance with DFARS 213.106-2(b)(i).

(b) PPIRS-SR collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier's performance history by Federal supply class (FSC) and product or service code (PSC). The PPIRS-SR application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased.

(c) The quality and delivery classifications identified for a supplier in PPIRS-SR will be used by the contracting officer to evaluate a supplier's past performance in conjunction with the supplier's references (if requested) and other provisions of this solicitation under the past performance evaluation factor. The Government reserves the right to award to the supplier whose quotation or offer represents the best value to the Government.

(d) PPIRS-SR classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the PPIRS-SR User's Manual found at https://www.ppirs.gov/pdf/PPIRS-SR_UserMan.pdf.

Contractors are granted access to PPIRS-SR for their own classifications only. Suppliers are encouraged to review their own classifications, the PPIRS-SR reporting procedures and classification methodology detailed in the PPIRS-SR User's Manual, and PPIRS-SR Evaluation Criteria available from the references at https://www.ppirs.gov/pdf/PPIRS-SR_DataEvaluationCriteria.pdf. The method to challenge a rating generated by

PPIRS-

SR is provided in the User's Manual.

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 000101 N/A N/A N/A Government 000102 N/A N/A N/A Government 0002 N/A N/A N/A Government 000201 N/A N/A N/A Government 000202 N/A N/A N/A Government 000203 N/A N/A N/A Government 000204 N/A N/A N/A Government 0003 N/A N/A N/A Government 000301 N/A N/A N/A Government 000302 N/A N/A N/A Government 0004 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier OCT 2015 Subcontract Awards 52.211-12 Liquidated Damages--Construction SEP 2000 52.217-5 Evaluation Of Options JUL 1990 52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.222-50 Combating Trafficking in Persons MAR 2015 52.246-21 Warranty of Construction MAR 1994 252.236-7006 Cost Limitation JAN 1997 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEVIATION 2016-O0001)(OCT 2015)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein.

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall—

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum—

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government—

(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and

(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or

(ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause—

(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” (see http://dx.doi.org/10.6028/NIST.SP.800-171) that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer with the exception of the derived security requirement 3.5.3 “Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts”, which will be required not later than 9 months after award of the contract, if the Contractor notified the contracting officer in accordance with paragraph (c) of the provision 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (DEVIATION 2016-O0001)(OCT 2015); or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection approved in writing by an authorized representative of the DoD Chief Information Officer (CIO) prior to contract award; and

(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents.

For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD—

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall—

(1) Include the substance of this clause, including this paragraph (m), in all subcontracts, including subcontracts for commercial items; and

(2) Require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.

252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013)

(a) Definition. ``Export-controlled items,'' as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms…