W912P8-16-R-0022.pdf

SEE ADDENDUM

(No Collect Calls)

W912P8-16-R-0022 29-Apr-2016

b. TELEPHONE NUMBER

504-862-2340

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 18 May 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912P89. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LAUREN A GANDOLFI

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W42HEM60928918

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W912P8 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

TEL: 504-862-2008 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

NAICS:

334220

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF49

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912P8-16-R-0022

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

UPGRADE TO MASS COMMUNICATION SYSTEM

FFP

AT NEW ORLEANS DISTRICT HEADQUARTERS IN ACCORDANCE WITH

THE ATTACHED SCOPE OF WORK.

FOB: Destination

MILSTRIP: W42HEM60928918

PURCHASE REQUEST NUMBER: W42HEM60928918

NET AMT

Section C - Descriptions and Specifications

SCOPE OF WORK

SECTION 1

GENERAL

l. Hours of Work: The Corps Hours are Monday through Friday from 0600 until 1800 hours. Contractor can extend his hours of work beyond the daily Corps hours to include Saturday and Sunday work in order to meet the time requirements to complete work. Actual hours of work must have the approval of the US Army Corps of Engineers Representative, Gary Brown, SSOH Acting Chief, (504) 862-1372.

2. Scope of Work: The Contractor shall furnish all necessary equipment, calibration, materials, labor, supervision, other items and services necessary to satisfactorily install and activate an operational upgraded mass communications system at the New Orleans District's headquarters campus. The contractor may use existing wiring that is determine to be acceptable for system configuration and operation.

a. Giant Voice:

(3) Horn 400Watt Speaker with 24VDC Inc. 400 Watt Control

(I) FSK Format Card, for DC Electronic Sirens

(1) Message Board, Electronic

(1) TK7180K 30 Watt Kenwood Radio VHF 150 170Mhz

(I) Radio Interface, UHF/VHF MHz

(I) Antenna, VHF, 35' coax Omni Directional

(1) VHF, PL-259 with 90 Deg

(1) Battery, 12V, Group 24 Set of(2) for E-Class, i-Force and ALL 24Vdc Voice Controls For Voice controls up to 1600 watts.

(1) Pole Mount *All cables and components needed to install Giant Voice

b. Warehouse System:

(1) Electronic Control 24VDC, 800 W, 120V, 1 Ph Aluminum Enclosures

(I) KIT-FSK-32-AC-E

(1) Message Board,. Electronic

(1) 30 Watt Radio VHF 150-170Mhz

(1) Radio Interface, UHF/VHF MHz (1)Antenna, VHF, 35' coax Omni Directional

(l) VHF, PL-259

(1) Battery, 12V, Group 24- Set of (2) for E-Class, i-Force and ALL 24Vdc Voice Controls For Voice controls up to 1600 watts.

(8) 60 Watt Indoor Warning Speaker Horn

(6) 15 Watt Indoor Warning Speaker (Ceiling Mount w/ grill)

(2) RED l2/24V DC

*All cables and components needed to install Warehouse system

c. Shop System:

(1) Electronic Control 24VDC, 800 W, l20V, 1 Ph Aluminum Enclosures

(1) IGT~FSK~32-AC~E

(1) Message Board, Electronic

(1) 30 Watt Radio VHF 150~170Mhz

(1) Radio Interface, UHF/VHF MHz

(1) Antenna, VHF, 35' coax Omni~Directional

(I) VHF, PL-259

(I) Battery, l2V, Group 24 ~Set of(2) for E-Class, i-Force and ALL 24Vdc Voice Controls For Voice controls up to 1600 watts.

(7) 60 Watt Indoor Warning Speaker Horn

(6) 15 Watt Indoor Warning Speaker (Ceiling Mount w/ grill)

(2) RED 12/24V DC

* All cables and components needed to install Shop system

d. Childcare System:

(1) Electronic Control 24VDC, 800 W, 120V, 1 Ph Aluminum Enclosures

(1) KIT-FSK-32-AC-E

(1) Message Board, Electronic

(1) 30 Watt Radio VHF l50 I70Mhz

(I) Radio Interface, UHF/VHF MHz

(1) Antenna, VHF, 35' coax Omni-Directional

(1) VHF,PL-259

(1) Battery, 12V, Group 24- Set of(2) for E-Class, i-Force and ALL 24Vdc For Voice controls up to 1600 watts.

(15) 15 Watt Indoor Warning Speaker (Ceiling Mount w/ grill)

* All cables and components needed to install Childcare system

e. Main Campus Office Building System

(1) Electronic Control24VDC, 800 W, l20V, l Ph Aluminum Enclosures

(I) KIT-FSK-32-AC-E

(1) Message Board, Electronic (1)30 Watt Radio VHF 150-170Mhz

(I) Radio Interface, UHF/VHF MHz

(I) Antenna, VHF, 35' coax Omni-Directional

(I) VHF, PL-259

(1) Battery, 12V, Group 29- Set of(2) for E-Class, i-Force and ALL 24Vdc Voice Controls For Voice controls up to 1600 watts.

(3) 60 watt indoor warning speaker horn

(200) 15 Watt Indoor Warning Speaker (Ceiling Mount w/ grill)

* All cables and components needed to install Main Campus Office system

f. Security Building System

(1) RTU with indoor amplifier control assembly with battery backup

(1) KIT-FSK-32-AC-E

(1) Message Board, Electronic

(1) 30 Watt Radio VHF 150-170Mhz

(1) Radio Interface, UHF/VHF MHz

(1)Antenna, VHF, 35' coax Omni-Directional

(1)VHF,PL-259

(1) 30 watt indoor warning speaker horn

* All cables and components needed to install Security Building system

g. Command and Control Software & Hardware

(2) Central Station Controller-960, FSK Format includes 10 programmable push buttons

(2) Microphone for Central Station Controller-960

(2) 30 Watt Radio VHF 150-170Mhz

(2) Radio Interface, UHF/VHF MHz

(2) VHF, PL-259

(2) Antenna, VHF, 100' coax Omni-Directional

(2) Command Software

(2) Server *All cables and components needed to install Command and Control Software & Hardware

h. Installation: Provide 55' Class II Wood Pole. Assemble Components on Pole. Auger and Set Assembly. Note: 120 VAC, 20 Amp Service, Meter (if required) and Disconnect Brought to the Pole by Others. Underground Utility Locates by Others.

i. System Commissioning: Contractor shall provide an ASC certified installer to perform start up and commissioning of system. Contractor shall provide one (1) day of Operational and Maintenance Training on the System.

3. Personnel:

a. Project Manager: The contractor shall provide a Project Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent, shall be designated in writing to the Contracting Officer and approved by the Contracting Officer Representative prior to contract start date.

b. The Project Manager and alternate shall have full authority to act for the Contractor on all contract matters relating to daily activities of this contract. The Contractor shall be responsible for the direct supervision of personnel through its designated Project Manager. The Project Manager shall be available from 0800 to 1600 hours, Monday through Friday, except on scheduled holidays, to report and discuss services, including problems and unusual circumstances, with the Contracting Officer Representative or Contracting Officer Technical Representative upon request. If the Project Manager is contacted through pager or by telephone, he/she shall respond to the page/call within one

(1) hour.

c. The Contractor shall provide a work force possessing the skills, knowledge, and training to satisfactorily perform the services required by this contract. The Contractor agrees that, upon request by the Contracting Officer, he/she shall reassign any employee the Government reasonably believes to be unfit for, or incapable of, satisfactory services.

3. Quality Control: The Contractor shall establish and maintain a complete Quality Control Plan to ensure the requirements of this contract are provided as specified. An updated copy must be provided to the Contracting Officer Representative as changes occur. The plan shall include:

a. An inspection system covering all the services. It must specify the areas to be inspected on both a scheduled or unscheduled basis, how often inspections will be accomplished, and the title of the individual(s) who will perform the inspection.

b. The methods for identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable.

c. On-site records of all inspections conducted by the Contractor and necessary corrective action taken. This documentation shall be made available to the Government upon request.

d. The Contractor shall be responsible for the proper care of Government property and facilities and shall be held responsible for any damage due to carelessness or negligence by security guard personnel.

The methods for ensuring that proper care is taken of Government property shall be included in the Contractor's Quality Control Plan.

4. Deliveries of Performance:

a. U.S. Army Corps of Engineers, 7400 Leake Avenue, New Orleans LA 70118

5. Insurance: The Contractor shall procure, submit evidence of, and maintain throughout the entire period of performance under this contract, the following minimum level of insurance:

Worker's Compensation and Employer's Liability Insurance. The Contractor shall comply with all applicable worker's compensation statutes of the State of Louisiana, and shall furnish evidence of the Employer's Liability Insurance in the amount of not less than $100,000.

Automobile Liability Insurance. Minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. All vehicles to be used in the performance of this contract shall be expressly designated in the insurance policy. A copy of the list of such vehicles shall be submitted to the Contracting Officer. In the event that the Contractor acquires a new vehicle for use on this contract after his insurance policy has been obtained, he shall immediately amend his policy to reflect the inclusion of the new vehicle on the policy.

The Contractor shall submit all required insurance documentation by no later than seven calendar days after receipt of Notice of Award.

6. Invoices: The original invoice shall be sent to the address in Block 27 of the SF 1442 and a copy of the invoice shall be forwarded to James.E.Syrdal@usace.army.mil (invoice submission instructions can be found at: http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx).

7. Safety Requirements: Before initiation of work at the job site, an Accident Prevention Plan (AAP) shall be reviewed and found acceptable by the Government Designated Authority (GDA).

See Appendix A from the EM 385-1-1 dated 15 November 2015.

a. APPs shall be developed and submitted by the Contractor. The Contractor shall address each of the elements/sub-elements in the outline contained in Appendix A, of the EM 385-1-1 dated 15 November 2015, in the order that they are provided in the manual. If an item is not applicable because of the nature of the work to be performed, the Contractor shall state this exception and provide justification.

(1) The Contractor shall identify each major phase of work that will be performed on this contract.

Within each major phase, all activities, tasks or Definable Features of Work (DFOWs) shall be identified that will require an Activity Hazard Analysis (AHA). See Section Ol.A.l4 and Appendix A, paragraph 3.j.

(2) The APP shall also address any unusual or unique aspects of the project or activity.

b. An abbreviated APP will be used in lieu of a fully-developed APP.

(1) The non-mandatory Abbreviated APP form, Form A-1 (or simi1ar) may be used to insure each area of required information has been provided.

(2) This APP is a short-version APP that can be used on low-risk, limited-scope contracts (see 0 I .A.l2.e, and Appendix A, paragraph 3.k.)

(3) Each sub-contractor shall be provided a copy of the APP by the prime contractor and be required to comply with it.

(4) The Contractor shall have on the construction site during working hours a trained Site Safety and Health Officer (SSHO) in accordance with paragraph Ol.A.17 of EM 385-1-l. The Contractor shall not commence physical work at the site until the Contracting Officer, or his/her authorized representative has accepted the program. The Contractor may submit its Accident Prevention Plan only for the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase. Also refer to Section I of EM 385-1-1.

8. Security Requirements:

a. AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

ttp://jko.jten.mil/courses/atll/launch.html; or it can be provided by the MVN ATO in presentation form which will be documented via memorandum.

b. Access and General Protection/Security Policy and Procedures. AU contractor and all associated sub- contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

c. For contractors who do not require CAC, but require access to a DoD facility or installation:

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-IH) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area Commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

d. Suspicious Activity Reporting Training: The contractor and all associated sub-contractors shall receive a brief/training (provided by the MVN Security Office) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or Jaw enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

e. For Contracts that Require OPSEC Training. All new contractor employees will complete Level l OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https:/lvllww.iad.gov/ ioss/ or http://vllww.cdse.edu/catalog/operations-security.html; or it can be provided by the MVN OPSEC Officer in presentation form which will be documented via memorandum.

f. For contracts that requiring escorts in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

g. Pre screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system.

An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

SECTION 2

DEFINITIONS

1. Acceptable Level of Performance (ALP): The ALP (formerly ALP) is the maximum percent defective that, for purposes of a sampling inspection, can be considered satisfactory on the average.

It is the allowable leeway or variance from a standard expressed by narrative description before the Government will reject the specific service. An ALP does not allow a Contractor to knowingly offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2. Contract Discrepancy Report (CDR): A report used to document unsatisfactory contractor performance. The CDR requires the contractor to explain, in writing, why performance is unsatisfactory; how performance shall be returned to satisfactory levels; and how recurrence of the problem shall be prevented in the future

3. Contracting Officer: A person duly appointed with the authority to enter into and administer contracts on behalf of the Government. Although other Government personnel may clarifY technical points or supply relevant information, only a Contracting Officer has the authority to revise any requirements in these specifications, including those resulting from verbal clarifications. The Contracting Officer for this contract is Michelle Y. Lappen (michelle.y.lappen@usace.army.mil).

4. Contracting Officer's Representative (COR): An individual designated in writing by the Contracting Officer to act as an authorized representative of the Contracting Officer to perform specific contract administrative functions within the scope and limitations as defined by the Contracting Officer. The COR for this contract is James E. Syrdal (James.E.Syrdal@usace.arm.mil).

5. Defective Service: A unit of service which contains one or more defects, or nonconformance with specified requirements.

6. Equipment: Nonexpendable items of a permanent or long-lasting nature that are not consumed in use, that retain their identity, and that require control through a formal property book system, e.g., computer terminals, calculators, furniture, etc.

7. New Orleans District Headquarters Facilities: The New Orleans District facilities include all facilities located at 7400 Leake Ave, New Orleans, LA.

11. Quality Assurance (QA): QA consists of those actions taken by the Government to determine that the services received meet the contract requirements.

12. Quality Control (QC): Actions by a Contractor to ensure that he/she meets the standards and requirements of the contract.

13. Quality Control Plan (QCP): The QCP is the Contractor's written plan to ensure that he/she meets the standards and requirements of the contract.

17. Service: A service consists of an output or function specified in the contract to be performed by the Contractor in accordance with prescribed standards and ALPs.

18. Standard: A standard is an acknowledged measure of comparison; an acceptability criterion; a yardstick.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 90 dys. ADC 1 CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008 FOB: Destination

W912P8

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

Contractor Performance Evaluations – Services

In accordance with the provisions of the Federal Acquisition Regulation (FAR), subpart 42.15 Contractor Performance Information, service contractor’s performance shall be evaluated throughout the performance of the contract. For service contracts awarded at or above $1,000,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days.

Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 252.209-7002 Disclosure Of Ownership Or Control By A Foreign

Government

JUN 2010

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic (Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

OCT 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

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

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

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)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

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

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) 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 this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in 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 paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) 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. 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 electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No.

Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

No.

Country of Origin

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined…