W912P7-15-Q-0005_Sewage_Removal_ _Pumping_Svcs _Lake_Sonoma.pdf
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Sewage Removal and Pumping Services Lake Sonoma.
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W62A2B42818516
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER) 1
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED RATING
W912P7-15-Q-0005 20-Feb-2015 5a. ISSUED BY
8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE
SEE SCHEDULE
IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State, and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e) (f)
SEE SCHEDULE
AMOUNT
% No. % NO TE: Additional provisions and representations [ ] are [ ] are not attached.
13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and
ZIP Code)
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION
16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)
TELEPHONE NO.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)
PREVIOUS EDITION NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.215-1(a)
THIS RFQ [ ] IS X[ ] IS NOT A SMALL BUSINESS SET-ASIDE
6. DELIVER BY (Date)
SEE SCHEDULE
AND/OR DMS REG. 1
UNDER BDSA REG. 2
4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE
REQUEST NO.
US ARMY ENGINEER DISTRICT, SAN FRANCISCO
CONTRACTING DIVISION
1455 MARKET ST., 17TH FLOOR SUITE 1741
SAN FRANCISCO CA 94103-1398
9. DESTINATION (Consignee and address, including ZIP Code)
7. DELIVERY
[ ]X FOB
DESTINATION
[ ] OTHER
(See Schedule)
20-Mar-2015(Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.
415-503-6989FERNANDO GARCIA
(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:
d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS
W912P7-15-Q-0005
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Sewage Removal & Pumping Services
FFP
This is a Services contract to establish sewage removal (pumping-out) of restroom holding tanks at thirteen (13) small boat-in campgrounds, two (2) “on the lake” floating restrooms, two (2) campgrounds accessible only by four wheel drive vehicle and one (1) vault at Yorty Creek recreation area. The contractor must have large compactly holding tanks and be able to perform the service by boat and four wheel vehicle. The work under this contract will be performed at Warm Spring Dam, Lake Sonoma or in the contractor’s facilities.
Primary POC: (Ranger) Mr. Lance Pool at (707) 431-4515.
The contract will consist of a Base Year plus four (4) Option Years.
BASE YEAR – Period of Performance: date of contract award (on or about 01 April 2015) to 30 September 2015.
OPTION YEAR ONE (1) – Period of Performance: 01 October 2015 to 30 September 2016
OPTION YEAR TWO (2) – Period of Performance: 01 October 2016 to 30 September 2017.
OPTION YEAR THREE (3) – Period of Performance: 01 October 2017 to 30 September 2018.
OPTION YEAR FOUR (4) – Period of Performance: 01 October 2018 to 30 September 2019.
FOB: Destination
NET AMT
Sewage Removal & Pumping Services
FFP
BASE YEAR – Period of Performance: date of contract award (on or about 01 April 2015) to 30 September 2015.
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to execute all tasks as defined in the Statement of Work. The contractor shall remove all solid and fluid waste from restroom holding tanks. The contractor shall perform to the standards in the Statement of Work.
PURCHASE REQUEST NUMBER: W62A2B42818516
0001AA 34,000 Gallon Primitive Campgrounds Pumping
FFP
There is a mix of Shasta Waterless Sanitation restrooms, portable restrooms, and Romtec vault restrooms in fifteen (15) primitive camp areas. Each Shasta Waterless restroom has a 300 gallon capacity vault, and each Romtec has a 750 gallon capacity vault.
0001AB 9,150 Gallon Floating Restroom Pumping
FFP
There are two (2) floating restrooms located on the waters of Lake Sonoma. The location may vary between the Dry Creek arm at Smith Creek and the Warm Spring arm near Rattlesnake Island. The floating restrooms have a 450 gallon holding tank.
0001AC 2,600 Gallon Yorty Creek Restroom Pumping
FFP
There are two (2) 1000 gallon tanks which will require truck services.
OPTION Sewage Removal & Pumping Services
FFP
OPTION YEAR ONE (1) – Period of Performance: 01 October 2015 to 30 September 2016.
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to execute all tasks as defined in the Statement of Work. The contractor shall remove all solid and fluid waste from restroom holding tanks. The contractor shall perform to the standards in the Statement of Work.
1001AA 34,000 Gallon OPTION Primitive Campgrounds Pumping
FFP
There is a mix of Shasta Waterless Sanitation restrooms, portable restrooms, and Romtec vault restrooms in fifteen (15) primitive camp areas. Each Shasta Waterless restroom has a 300 gallon capacity vault, and each Romtec has a 750 gallon
1001AB 9,150 Gallon OPTION Floating Restroom Pumping
FFP
There are two (2) floating restrooms located on the waters of Lake Sonoma. The location may vary between the Dry Creek arm at Smith Creek and the Warm Spring
1001AC 2,600 Gallon OPTION Yorty Creek Restroom Pumping
FFP
OPTION Sewage Removal & Pumping Services
FFP
OPTION YEAR TWO (2) – Period of Performance: 01 October 2016 to 30 September 2017.
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to execute all tasks as defined in the Statement of Work. The contractor shall remove all solid and fluid waste from restroom holding tanks. The
2001AA 34,000 Gallon OPTION Primitive Campgrounds Pumping
FFP
There is a mix of Shasta Waterless Sanitation restrooms, portable restrooms, and Romtec vault restrooms in fifteen (15) primitive camp areas. Each Shasta Waterless restroom has a 300 gallon capacity vault, and each Romtec has a 750 gallon
2001AB 9,150 Gallon OPTION Floating Restroom Pumping
FFP
There are two (2) floating restrooms located on the waters of Lake Sonoma. The location may vary between the Dry Creek arm at Smith Creek and the Warm Spring
2001AC 2,600 Gallon OPTION Yorty Creek Restroom Pumping
FFP
OPTION Sewage Removal & Pumping Services
FFP
OPTION YEAR THREE (3) – Period of Performance: 01 October 2017 to 30 September 2018.
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to execute all tasks as defined in the Statement of Work. The contractor shall remove all solid and fluid waste from restroom holding tanks. The
3001AA 34,000 Gallon OPTION Primitive Campgrounds Pumping
FFP
There is a mix of Shasta Waterless Sanitation restrooms, portable restrooms, and Romtec vault restrooms in fifteen (15) primitive camp areas. Each Shasta Waterless restroom has a 300 gallon capacity vault, and each Romtec has a 750 gallon
3001AB 9,150 Gallon OPTION Floating Restroom Pumping
FFP
There are two (2) floating restrooms located on the waters of Lake Sonoma. The location may vary between the Dry Creek arm at Smith Creek and the Warm Spring
3001AC 2,600 Gallon OPTION Yorty Creek Restroom Pumping
FFP
OPTION Sewage Removal & Pumping Services
FFP
OPTION YEAR FOUR (4) – Period of Performance: 01 October 2018 to 30 September 2019.
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to execute all tasks as defined in the Statement of Work. The contractor shall remove all solid and fluid waste from restroom holding tanks. The
4001AA 34,000 Gallon OPTION Primitive Campgrounds Pumping
FFP
There is a mix of Shasta Waterless Sanitation restrooms, portable restrooms, and Romtec vault restrooms in fifteen (15) primitive camp areas. Each Shasta Waterless restroom has a 300 gallon capacity vault, and each Romtec has a 750 gallon
4001AB 9,150 Gallon OPTION Floating Restroom Pumping
FFP
There are two (2) floating restrooms located on the waters of Lake Sonoma. The location may vary between the Dry Creek arm at Smith Creek and the Warm Spring
4001AC 2,600 Gallon OPTION Yorty Creek Restroom Pumping
FFP
Section C - Descriptions and Specifications
STATEMENT OF WORK
STATEMENT OF WORK (SOW)
CESPN-OR-O-LS July 19, 2014
This is a services contract to establish sewage removal (pumping-out) of restroom holding tanks at thirteen (13) small boat-in campgrounds, two (2) “on the lake” floating restrooms, two (2) campgrounds accessible only by four wheel drive vehicle and one (1) vault at our Yorty Creek recreation area. The contractor must have large compactly holding tanks and be able to perform the service by boat and four wheel vehicle.
CONTRACTOR: TBD
USACE Project Manager: Mike Dillabough 3333 Skaggs Springs Road
CESPN-OR-O-LS
Geyserville, CA 95441
(707) 431-4533 Michael.A.Dillabough@usace.army.mil
1. General
The USACE South Pacific Division contract is established to remove septic waste from seventeen (18) separate restroom holding tanks on and around Lake Sonoma. The U.S. Government shall not exercise any supervision or control over the referred service providers performing the services herein. Such service providers shall be accountable solely to the government-contracted vendor who, in turn is responsible to the U.S. Government.
2. Description of Services/Introduction
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to execute all tasks as defined in this Statement of Work. The contractor shall remove all solid and fluid waste from restroom holding tanks. The contractor shall perform to the standards in this Statement of Work.
3. Authorization & References
• Federal Acquisition Regulation (FAR)
• Defense Federal Acquisition Regulation Supplement (DFARS)
• Army Federal Acquisition Regulation Supplement (AFARS)
• USACE Acquisition Instruction (UAI)
• Corps of Engineers Manual EM-385-1-1
• California State Health Codes and Sonoma County Codes
• California Department of Motor Vehicles Codes
• California Department of Boating and Waterways Codes
4. Scope, Tasks & Standards
A. The work is to be performed within the boundaries of public areas. The Contractor’s attention is directed to the needs for extreme caution and care while driving and operating equipment. Safety requirements of EM-385-1-1 shall apply to all work.
B. The Contractor shall comply with all pertinent provisions of the Corps of Engineers Manual, EM 385-1-1 “Safety and Health Requirements Manual”, the California State Health Code, and County. A copy of the Safety Manual is available at http://www.hq.usace.mil/soh/em385/current/current38511.htm.
C. The Contractor shall comply with all state and local traffic and boating laws. The contractor shall furnish a boat, motor, fuel, and qualified boat operator for transportation to and from the primitive campground areas and floating rest room facilities. U.S. Coast Guard approved personal floatation devices must be worn during the completion of these service requirements.
D. The contractor shall maintain an accurate record of, and will report to the Contracting Ranger all accident resulting in death, injury, occupational disease, and damage to property, materials, supplies, and equipment incidental to work performed under this contract.
E. All communications with any emergency services (911 etc.) will be recorded and and reported to a Park Ranger or the Park Manager as so as possible. Incident information is confidential. The contractor will only discuss this information with the Park Ranger or law enforcement officers. UNDER NO CIRCUMSTANCES will the contractor attempt to enforce any regulations or Apprehend any violators.
F. The Contractor shall report any needed repairs, malfunctions, damage, vandalism to government property and potential safety hazards encountered while performing services to a Park Ranger on the same day as discovered.
Equipment malfunctions, if applicable, will also be reported. Damage or inoperative facilities will be reported. If the damaged facilities pose an immediate danger to the public, the contractor will notify the park ranger as quickly as possible. Record this information in the daily log including the name of the Ranger it was reported to.
G. It is required that the Contractor and his/her employees wear identifying apparel, denoting they are contractor personnel. All vehicles and vessels used to perform services shall also be identified as belonging to the contractor. All employees must be at least 18 years of age. The Contractor shall provide sufficient qualified personnel to complete the services required.
H. The Contractor shall not smoke in or around any restrooms, or any other government owned structure.
I. The Contractor shall provide a schedule of services, either weekly or monthly to allow the Government to inspect services effectively, and respond to customer complaints. The Contractor shall follow the schedule unless arrangements for variation have been made with the Contract Officer’s Representative, or Park Manager. Weekend and Holiday work is required. Service shall be completed between the hours of 7:00am and 5:00 pm.
J. Authorities: no person other than the Government Contracting Officer has the authority to make any changes to this contract action that impact cost or schedule. Authority from the Contracting Officer to the contractor to make changes that impact cost or schedule will be in the form of an official, signed modification.
K. The Contractor is responsible for quality control on this contract. All unsatisfactory work will be handled in accordance with FAR Clause 52.212-4. Inspections will be done using a random sampling method. All deficiencies will be documented using DA Form 5479-R, Contract Discrepancy Report.
L. Payment:
a. Payment will be made monthly in arrears at the contract unit price for the services performed in accordance with the Pricing Schedule. Billing must reflect all actual quantities. The Government may ask at any time for documentation reflecting actual quantities of the services performed. All unsatisfactory work will be handled in accordance with FAR Clause 52.212-4
b. Estimated Quantity Line Items: All Section B, Line Items with quantities are estimated-quantity Line Items. The quantities are estimated amounts and are not guaranteed amounts. The Contractor will only be paid for work actually performed. At no time will the Contractor exceed the estimated quantity on any estimate quantity Line Item. The Contractor will establish a tracking system of actual quantities against the contract’s estimated quantities for each estimated quantity Line Item and will maintain the tracking system up to date throughout the life of the contract. When the actual quantity of any Line Item reaches 75% of the estimated quantity on any estimated quantity Line Item, the contractor will notify the Government’s Contract Specialist and the Technical POC in writing by fax or E-mail within two calendar days. Once the Government is notified that the actual quantity has reached 75% of the estimated quantity on any Line Item and if the Government determines that the estimated quantity needs to be increased, the contractor will receive an official modification to the contract action signed by the Contracting Officer increasing the quantity and the amount obligated on the contract BEFORE the contractor will proceed to work over the existing estimated quantity. The modification will set the new estimated quantity that the contractor may not exceed without another modification.
c. Submit one (1) copy by the 3rd of each month a monthly invoice to:
Park Manager, Lake Sonoma, 3333 Skaggs Springs Road, Geyserville CA 95441-9644 and one (1) copy of the monthly invoice to:
USACE Finance Center
ATTN: CEFC-AO-P
5722 Integrity Dr. Building 787 Millington, TN 38054-5005
NOTE: The actual amount of sewage pumped may vary greatly and may not reach the total estimated quantities in the line items, due to a variety of factors including, facility use, accessibility issues due to changing reservoir levels and closures due to weather or maintenance.
M. Monthly Reporting Requirements
a. The exposure hours (man hours worked) will be submitted before the 3rd of each month to the Field Office Assistant at Park Headquarters Office.
b. Daily Activity logs for the primitive restrooms will be turned in each month with the billing. Only the logs for the floating restrooms will be stored in the pipe chases of each, as the other primitive restrooms do not have pipe chases.
N. Daily Reporting Requirements
Logs indicating the total amount of sewage pumped into sewage holding tanks at Lake Sonoma will be submitted to the Park Manager immediately after pumping.
O. Emergency Reporting
The contractor will be responsible for reporting any spills of sewage of hazardous materials into the lake immediately to the proper authorities as directed by the California Regional Water Quality Control Board. Any spills on land should be reported to local emergency services (911) and the Sonoma County Office of Emergency
Services immediately. Along with reporting any spills to emergency services, the contractor will notify a Park Ranger or contact the park office immediately.
P. Equipment Storage
a. Storage of equipment necessary to perform the services described in the scope of work will be allowed on Lake Sonoma premises at the park manager’s discretion. The park manager will designate an area no greater than 900 square feet for the contractor use.
b. The construction of any structures on Lake Sonoma property will not be permitted.
c. Any equipment utilized for pumping services will be emptied and free of any sewage prior to storage on Lake Sonoma property.
d. Any equipment stored at Lake Sonoma will be stored in an area approved by the park manager and will be stored in a manner which does not create any health or environmental hazards.
e. The park manager will have the authority to order any equipment removed at any time if it is found to be a health or environmental hazard.
f. The storage of any hazardous chemicals, oil, fuels, or fuel additives will not be permitted on Lake Sonoma property.
g. No special provisions for security will be made for contractor’s property stored at Lake Sonoma.
h. The USACE will not be held responsible for the damage or loss of any equipment being stored on USACE property.
5. Service Required
a. Floating Restrooms:
There are two (2) floating restrooms located on the waters of Lake Sonoma. The location may vary between the Dry Creek arm at Smith Creek and the Warm Spring arm near Rattlesnake Island. The floating restrooms have a 450 gallon holding tank.
• Checking tank volume – The volume of the vault can be checked using one of these two methods as follows
(when the tank shows ½ or greater full, use both of the following methods):
1. Check the indicator bars on the side of the pontoon at the water line. The bars are three horizontal lines, green at the bottom, yellow at the middle and red on top. When the waterline is at the yellow line this indicates the tank is ½ full. The red line indicates that the tank is too full for the restroom to be used without being pumped first.
The green line indicates the tank is empty or close to empty.
2. Open the hatch of the main tank and visually check the volume.
• Monitor the lower holding vault and report to the Park Manager or his Designated Representative when lower vault is two thirds (2/3) full.
b. Primitive Restroom:
There is a mix of Shasta Waterless Sanitation restrooms, portable restrooms, and Romtec vault restrooms in fifteen (15) primitive camp areas. Each Shasta Waterless restroom has a 300 gallon capacity vault, and each Romtec has a 750 gallon capacity vault. The Contractor shall be able to provide restroom pumping within 48 hours of the request of the Park Manager. All pumping shall be completed within 5 days of request regardless of the quantity requested. After each pumping, the contractor will add liquid enzyme solution (provided by the contractor and approved by the Park Manager) to facilitate solid waste breakdown.
NOTE: The primitive campground restrooms and floating restrooms require the use of a boat and portable pumping equipment for service. The primitive restrooms are a non-portable vault system type, and the floating restrooms cannot be moved, due to their anchoring system, to facilitate pumping. The current recreation maintenance contractor will report to the park manager when restrooms are in need of pumping or his designated representative will order pumping services.
c. Campgrounds and Septic Volumes
• Broken Bridge Camp (2) 300 gallon tanks boat service
• Falcon Nest Camp (2) 300 gallon tanks boat service
• Homestead Camp (2) 300 gallon tanks boat service
• Loggers Camp (2) 300 gallon tanks boat service
• Rustler Camp (2) 300 gallon tanks boat service
• Skunk Camp (3) 300 gallon tanks boat service
• Thumb Camp (2) 300 gallon tanks boat service
• Quicksilver Camp (2) 300 gallon tanks boat service
• Island View Camp (3) 300 gallon tanks boat service
• Lone Pine Camp (2) 300 gallon tanks boat service
• Madrone Point Camp (1) 750 gallon tank vehicle service
• Black Mountain Camp (2) 300 gallon tanks boat service
• Buck Pasture Camp (4) 300 gallon tanks boat service
• Bummer Peak Camp (2) 300 gallon tanks 4X4 vehicle service
• Yorty Creek Restroom (2) 1000 gallon tanks truck service
• Floating Restrooms (2) (2) 450 gallon tanks boat service
d. Waste Disposal
The contractor will be responsible for the disposal of any sewage pumped from Lake Sonoma restrooms.
The contractor may choose to dispose of the sewage 1) offsite from Lake Sonoma or 2) onsite at the septic system at Lake Sonoma.
Should the contractor choose to exercise the onsite disposal option, the contractor must then dispose of debris free sewage into the septic system located at the Lake Sonoma Headquarters. The storage and/or disposal of sewage not pumped from Lake Sonoma will not be permitted on USACE property.
Pumping sewage onto Lake Sonoma Headquarters septic system:
• Only material that is pumped from Lake Sonoma restrooms can be pumped into the septic system located at the Lake Sonoma Headquarters.
• The contractor will be responsible for the proper transport and pumping of sewage into the septic system.
• The contractor is responsible for the removal of all non-septic materials such as cans, bottles and other debris before transfer into the Lake Sonoma septic system.
• Pumped sewage must be disposed of after pumping and should not be temporarily held on USACE / Lake Sonoma property.
• The contractor will follow all federal and state laws and regulations that apply to the transport and disposal of sewage.
• The contractor will immediately notify the park manager of any malfunctions or safety issues of the septic system; written notice of how much sewage was pumped must be delivered in writing to the park headquarters immediately after pumping.
NOTE: All charges for the transport and disposal of sewage within or from Lake Sonoma are the responsibility of the contractor therefore should be included in the cost of the contract.
6. Period of Performance
The contract will consist of a Base Year plus four (4) Option Years. The contract performance period for the Base Year will be from the date of contract award (estimated to be on or about 01 April 2015) to 30 September 2015.
Option Year One (1) will be from 01 October 2015 to 30 September 2016 Option Year Two (2) will be from 01 October 2016 to 30 September 2017.
Option Year Three (3) will be from 01 October 2017 to 30 September 2018.
Option Year Four (4) will be from 01 October 2018 to 30 September 2019.
Option years are exercised at the discretion of the U.S. Government.
7. Place of Performance
The work under this contract will be performed in the contractor’s facilities or at Warm Spring Dam, Lake Sonoma.
8. Requirements
Authorities and Technical Direction: The Contractor shall take no direction that changes the price, schedule, or other terms and conditions of this contract from any U.S. Government employee other than the Contracting Officer.
Changes authorized by the Contracting Officer will be in the form of a written modification, signed by the Contracting Officer, and received by the Contractor prior to acting upon these changes. The Contractor will comply with the changes clause of this contract by notifying the Contracting Officer when the Contractor believes the direction has been given from persons other than the Contracting Officer. Any direction given by any U.S.
Government employee outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs), are limited to the authorities stated in the COR appointment letters.
9. Invoices
The Contractor shall submit invoices as outlined in the contract clause SPN 32-4003 Invoices upon completion of tasks and in agreement with the Project Manager (PM)/Contracting Officer’s Representative (COR). Travel costs and per diem, if any, will be paid in accordance with the Joint Federal Travel Regulation (JFTR).
10. Release of Data
All data, reports, and material produced under or relative to this SOW will be become the property of the USACE and will not be released to other agencies or their contractors without written approval from the Contracting Officer.
11. Reporting Requirements
The Contractor shall be responsible for producing complete, competent, properly coordinated, and thoroughly checked documents within agreed upon schedules. Electronic copies shall contain native fields as well as a PDF version of the entire document.
12. Quality Control
The Contractor shall be responsible for quality control of its own work. The Contractor shall have a logical and functional quality control program to assure that errors and deficiencies in all submittals are minimal. The COR or PM will conduct periodic checks IAW the Quality Assurance Surveillance Program (QASP).
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.216-24 Limitation Of Government Liability APR 1984 52.216-25 Contract Definitization OCT 2010 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans JUL 2014 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans JUL 2014 52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option Contracts)
MAY 2014
52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment
MAY 2014
52.222-50 Combating Trafficking in Persons FEB 2009 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
DEC 2012
52.232-17 Interest MAY 2014 52.232-24 Prohibition of Assignment of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.243-1 Changes--Fixed Price AUG 1987 52.253-1 Computer Generated Forms JAN 1991
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562111.
(2) The small business size standard is $38,500,000.00.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vi) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change https://www.acquisition.gov/
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL
ITEMS) (DEC 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).
(iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(iv) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
(v) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (Apr 1984).
(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (July 2013).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013).
(vii) 52.233-1, Disputes (MAY 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (OCT 2014)
(ix) 52.253-1, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more).
(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).
(v) 52.222-36, Equal Employment for Workers with Disabilities (July 2014) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vi) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).
(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf.)
(viii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(ix) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be--
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)
(x) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.)
(xi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)
(xii)52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)
(xiii) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013).
(Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.)
(2) Listed below are additional clauses that may apply:
(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (Applies to contracts over $30,000).
(ii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies).
(iii) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).
(iv) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(End of clause)
52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
Portions of this contract are altered as follows: None.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Department of Defense FAR Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section L - Instructions, Conditions and Notices to Bidders
CLAUSES INCORPORATED BY FULL TEXT
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;
___…
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