A22_Curations_Collections_Solicitation.pdf
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SEE ADDENDUM
(No Collect Calls)
W912P9-17-R-0033 04-May-2017
b. TELEPHONE NUMBER
314 331-8518
8. OFFER DUE DATE/LOCAL TIME
03:00 PM 24 May 2017
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.
W912P99. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
LISA M WHITE
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
W81C8X63557425
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
CONTRACTING DIVISION
US ARMY ENGR DIST ST LOUIS
1222 SPRUCE STREET, RM 4.207
ST LOUIS MO 63103-2833
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 966402 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
CURATION & ARCHIVES ANALYSIS
MICHAEL K TRIMBLE
1222 SPRUCE STREET
ST. LOUIS MO 63103-2833
TEL: 314 331-8466 FAX:
314 331-8746FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
SIZE STANDARD:
$20.5 Million
NAICS:
541720
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 OF70
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.
W912P9-17-R-0033
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
REGIONAL CURATION CONTRACT
FFP
PROJECT NO.: 459984
5 Year Contract in accordance with Performance Work Statement.
Wage Determinations will be added per task order after contract award.
POC for contractual questions is Lisa White at 314-331-8518. POC for technical questions is Andrea Farmer at 314-331-8067.
FOB: Destination
MILSTRIP: W81C8X63557425
PURCHASE REQUEST NUMBER: W81C8X63557425
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Job Guaranteed Minimum
FFP
PROJECT NO.: 459984
FOB: Destination
MILSTRIP: W81C8X63557425
PURCHASE REQUEST NUMBER: W81C8X63557425
NET AMT
LINE ITEM SCHEDULE
SCHEDULE
REGIONAL ARCHAEOLOGICAL CURATION SERVICES, MISSISSIPPI VALLEY
DIVISION, FOR THE ST. LOUIS DISTRICT’S MANDATORY CENTER OF
EXPERTISE FOR CURATION AND MANAGEMENT OF ARCHAEOLOGICAL
COLLECTIONS (MCX CMAC)
Labor rates and box fees for preliminary Scope of Work to provide services of a federally compliant facility to house the archaeological collections from the U.S. Army Corps of Engineers (Corps), Mississippi Valley Division (MVD-Rock Island and St. Louis Districts) project lands or activities.
Senior Curator Hourly Rate $____________
Museum Specialist Hourly Rate $____________
Intake Fee per Box $____________
Annual Maintenance Fee per Box $____________
PWS
PERFORMANCE WORK STATEMENT FOR THEREGIONAL ARCHAEOLOGICAL
CURATION SERVICES, MISSISSIPPI VALLEY DIVISION, FOR THE ST. LOUIS
DISTRICT’S MANDATORY CENTER OF EXPERTISE FOR THE CURATION AND
MANAGEMENT OF ARCHAEOLOGICAL COLLECTIONS (MCX-CMAC)
US ARMY ENGINEER DISTRICT ST. LOUIS, MISSOURI
GENERAL DESCRIPTION OF WORK: This Performance Work Statement (PWS) defines the general tasks to be performed under this contract is to engage the services of a federally compliant facility to house the archaeological collections from the U.S. Army Corps of Engineers (Corps), Mississippi Valley Division (MVD-Rock Island and St. Louis Districts) project lands or activities. This contract will support the U.S. Army Corps of Engineers St.
Louis District’s Mandatory Center of Expertise for the Curation and Management of Archaeological Collections (MCX CMAC). Work shall commence upon award of this contract.
1.0 SCOPE: The work is being performed in accordance with the National Historic Preservation Act (as amended) and 36 CFR Part 79. The National Historic Preservation Act (54 U.S.C 306108) requires the Corps of Engineers to assume responsibility for the preservation of historic properties and historic collections. The following authorities and regulations require that the Corps preserve and maintain such collections for the people of the United States and future generations: the Antiquities Act (16 U.S.C. 431-433), the National Historic Preservation Act (P.L. 89-665), the Reservoir Salvage Act (P.L. 86-523), the Archeological Resources Protection Act (P.L. 100- 588), the Abandoned Shipwreck Act (P.L. 100-298), the Native American Graves Protection and Repatriation Act (P.L. 101-601), 36 CFR 79 "Curation of Federally-Owned and Administered Archeological Collections," 32 CFR 229 "Archaeological Resources Protection Act of 1979; Final Uniform Regulations," EP 1130-2-540 "Operations: Environmental Stewardship, Operations and Maintenance Guidance and Procedures," and ER 1130-2-438 "Project Construction and Operation: Historic Preservation Program."
This PWS defines the general tasks to be performed under this contract known as Regional Archaeological Curation Services, Mississippi Valley Division, for the MCX CMAC.
Services include, but are not limited to, a broad range of conservation, rehabilitation, and curation services, summary and inventory services, and other service-related collections management tasks, including the preparation of digital collections.
1.1 Background: The work includes housing, stabilizing, rehabilitating, preserving, and providing collections management services and access to archaeological materials and associated records (hereafter archaeological collections) generated in conjunction with U.S. Army Corps of Engineers activities throughout the Mississippi Valley Division (MVD) for the Corps, St. Louis District, MCX CMAC in support of the Rock Island and St. Louis Districts. Services will include, but are not limited to, collections housing, collections management, rehabilitation, conservation and curation services, and other types of museum support.
2.0 DESCRIPTION OF SERVICES
The facility shall furnish personnel, facilities, supplies, materials, and services for the professional care, management and curatorial services of the collections from Corps project lands or activities under Corps management for the Rock Island and St. Louis Districts with this contract. The facility shall provide curation and research activities relating to the protection, preservation, stabilization, management, and utilization of the cultural resources of the Corps while recognizing the Federal Government's continued ownership and control over the collection of cultural resources and any other U.S. Government- owned property provided to the Facility.
With regard to collections of cultural resources obtained pursuant to the Native American Graves Protection and Repatriation Act (NAGPRA), the parties to this agreement recognize that the collection(s) are being held in trust until such time as they can be repatriated or otherwise dealt with according to the wishes of the appropriate tribe, group, or individual as determined under procedures established under Sections 3, 5, and 6 of the Act.
2.1 Facility: The facility will accept collections from any state within a geographic region or cultural area and must accept collections that include Native American Graves Protection and Repatriation Act (NAGPRA) defined human skeletal materials and cultural objects. The facility must accept collections that may not, upon delivery, meet the facilities’ curation standards. The facility must have a demonstrated ability to foster public access and outreach programs that promote education and research and must be able to permit access as appropriate for religious use consistent with 36 CFR 79.10 and ER/EP 1130-2-540.
2.2 Personnel: The facility shall provide all professional staff, support staff, and specialists necessary to plan, supervise, perform, and report on the required work. The facility’s team shall have demonstrated experience in successfully accomplishing the work as presented in specific task orders. The facility will furnish all labor, facilities, equipment, and materials necessary to perform the services required by each task order unless otherwise specified by the Government (e.g., Government furnished equipment on premises). Most importantly, the contractor shall provide qualified professional supervision to assure the accuracy, quality, and completeness of all work required under this contract. The facility must meet the requirements described in 36
CFR 79.9.
2.3 Services: Upon award, storage of approximately 3,100 cubic feet of artifacts and associated documentation from the Rock Island and St. Louis Districts. The current box counts are listed below for the artifact collections and associated documentation.
Rock Island District Collections o Illinois State Museum: 240 cubic feet o Iowa Office of the State Archaeologist: 250 cubic feet
St. Louis District Collections o Illinois State Museum: 2573 cubic feet
There is a possibility of an additional 300 to 400 cubic feet of storage will be required within this five (5) year contract. These materials consist of incidental finds and approximately 300 cubic feet of bulk collection currently being rehabilitated and temporarily stored at Commonwealth Heritage Group.
A. Perform all work necessary to protect the MVD collections in accordance with the regulations contained in 36 CFR 79, 32 CFR 229, ER 1130-2-438. Annually inspect the facilities and the collections, perform an inventory verifying the location of Corps-owned or managed collections, and provide the Corps with a brief letter report on the status and condition of the collections. The collection list will be updated annually and upon arrival of new collections by the facility to reflect the collections and quantities of districts’ collections currently housed by the facility.
B. Provide and maintain a repository facility having requisite equipment, space and adequate safeguards for the physical security and controlled environment of the collections, as detailed in 36 CFR 79.9. Bulk materials, such as soil samples and chipped stone debitage, may be housed in a facility that does not fully meet these requirements, pending improvements to comply with 36 CFR 79.9 insofar as possible given the availability of facility funds. And to obtain as necessary, and as funding is made available by each district, any special materials, supplies, and equipment required for the curation and longterm maintenance of Corps collections. Such materials, supplies, and equipment shall be used solely for maintenance of Corps collections.
C. Provide access to the collections for any person qualified as a researcher under 36 CFR 79.10(b) or to Corps employees for collection research or examination upon request. All requests for visual examination of a Corps collection will be made in accordance with the facility’s Collections Management Policy. Advance written approval from the MCX CMAC Technical Representative, Mrs. Andrea Farmer, is required for all requests that would involve the consumptive use of all or part of a collection for research purposes.
Any resulting exhibit, papers or publications must be approved by the District(s) responsible for the collections used. Copies of all reports, publications, project papers and research data generated from Corps data shall be made available to the District(s).
D. Restrict access to associated records that contain information relating to the nature, location, or character of the cultural resource(s) unless it has been determined by the Corps district that such disclosure would not create a risk of harm, theft or destruction to the resource or its general location.
E. Prohibit the sale of all or part of any Corps collection to any third party.
F. Notify the MCX CMAC and the depositing Corps district within five days of the discovery of any loss or theft, deterioration and damage, or destruction of the collection (or part thereof). Such an occurrence will be subject to investigation by the district in accordance with 36 CFR 79.1 l(e)l.
G. Provide notices of actions that will involve the repair or restoration of any of the collections, which must be approved in advance and in writing by the MCX CMAC’s Technical Representative. Reports on any treatments, including before and after photographs, shall be sent to the district.
H. Arrange for the loan or display of all or part of a collection upon request of agencies, organizations, institutions, or individuals having adequate facilities for study or display (a description of loan arrangements with others will suffice). Obtain written approval from the MCX CMAC prior to loaning Corps-owned or managed artifacts, documents or other materials to any other institution, individual or museum. Such loans may only be made for educational, research, religious or display purposes through a formal written agreement in accordance with 36 CFR 79 (subparagraph 10.e). In all instances, the Facility shall provide the MCX CMAC with a copy of the loan agreement.
I. Direct any request for transfer or repatriation of Corps-owned or managed collections under the NAGPRA to the MCX CMAC’s Technical Representative.
J. Maintain adequate cost records for work conducted under this Agreement and to make such records available for inspection upon request by Corps key officials or technical representatives.
K. Digitization and handling of historical records by the facility for the MCX CMAC is expected to be a requirement under this contract.
L. Maintain a computer-assisted collections management retrieval system that will permit Corps and other qualified individuals and institutions access for study, loan, education, or public interpretation of collections.
M. Determine fee schedules for one-time accessioning/processing fees (which are separate from annual curation services costs) from other investigating organizations or contractors that are depositing archaeological collections recovered from Corps fee-title lands. N.
Generate digital collections in formats designated by the MCX CMAC.
O. Consolidate collections and provide conservation support for archaeological collections and associated documentation, which may require partnering with other federal agencies and contractor coordination, transportation, and tracking services.
P. Provide information about professional curatorial staff and maintain a curatorial staff that includes Qualified Museum Professionals as described in 36 CFR 79.4(b)(h).
The contract may require a combination of the above services. All work must be able to satisfy current scientific standards for data collection, analysis, and reporting, as well as local, state, and federal requirements.
3.0 DELIVERABLES
3.1 Annual Report: An Annual Report shall briefly: 1) provide a summary of the annual box inventory, detailing any new arrivals and verifying the location of Corps-owned materials; 2) identify any deterioration or damage of the collections observed during the inspection with recommendations for remediation; 3) note any changes made to the facility or its management;
4) list loans and users of collections; and 5) identify any reports, manuscripts, theses or dissertations resulting from the use of Corps collections.
3.2 Invoices: Monthly fees for curation shall be based upon the quantity of each district's collections and records held by the facility from the Notice To Proceed for 1 (one) calendar year.
The facility shall submit invoices for curation fees to designated POC by the first of each month, which includes a cost schedule listing the project name for each collection, and the quantity and cost of each material category
4.0 GENERAL INFORMATION
4.1 Place of Performance: Work covered under this contract will be located within the Mississippi Valley Division (MVD).
4.2 Safety: The facility will provide a safe working environment for consultants and all persons in its employ as prescribed by EM 385-1-1 and other applicable federal, state, and local statutes and regulations. The facility shall be responsible for all damages to persons and property that occur in connection with the work and service under this contract, without recourse against the Government. The facility shall provide maximum protections, take every reasonable means, and exercise care to prevent unnecessary damage or loss of Government property, as well as to structures and other public or private facilities.
4.3 Government Property: At its discretion, the Government may decide to furnish government-owned equipment for use during a task order. Further, the Government may fund the purchase of equipment for use during a task order. These types of equipment are government property and will be turned over to the government in accordance with instructions to be provided in the event that Government furnished equipment is purchased. Requirements regarding sustainability will be addressed consistent with recent guidance. All government equipment will be EnergyStar complaint and supplies will conform to green procurement standards, per IAW (UAI) USACE Acquisition Instruction and the Army Procurement Guide.
4.3.1 The Government may also make available to the contractor its most current information on existing conditions when it issues the task order and may furnish some or all of the following items to the facility. Maps, drawings, aerial photographs, and other historic documents—in either paper or electronic copy—may be supplied under this contract. These sources of information are to be considered, and treated, as Government property and may not be duplicated or released unless so directed within the individual task order.
4.3.2 Further, no Government information will be used or published without the express consent of the Government. The facility shall not release or allow access to this information outside of the Government officials as designated by the COR. All requests for the release of information shall be referred by the contractor to the technical representative (COTR) of the individual task order, who will confer with the COR.
4.4 Decision Making: The facility is not authorized to make decisions on behalf of the Government. The contractor shall make recommendations to Government personnel for the Government’s decision-making purposes.
4.5 Period of Performance: The period of performance for this contract shall consist of five
(5) years from time of award.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 10-JUL-2017 TO
09-JUL-2022
N/A CURATION & ARCHIVES ANALYSIS
MICHAEL K TRIMBLE
1222 SPRUCE STREET
ST. LOUIS MO 63103-2833
314 331-8466 FOB: Destination
966402
0002 POP 15-MAY-2017 TO
14-MAY-2022
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination 966402
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.243-7002 Requests for Equitable Adjustment DEC 2012
REPS & CERTS
52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)
252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)
(a) Definitions. As used in this provision—
“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.
“Commercial and Government Entity (CAGE) code” means—
(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”
“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)
This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.
“Registered in the System for Award Management (SAM) database” means that—
(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and
(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and
(4) The Government has marked the record “Active.”
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number--
(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and Zip Code.
(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
(End of clause)
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014)
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATION & CERTIFICATIONS (MARCH 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561730.
(2) The small business size standard is $7,500,000.00.
(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 the
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:
[X ] (i) Paragraph (e) applies.
[ ] (ii) Paragraph (e) 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. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.
(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 Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American Act—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 Certifications. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
__ (i) 52.219-22, Small Disadvantaged Business Status.
__ (A) Basic.
__ (B) Alternate I.
__ (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 Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
__ (iv) 52.222-52, Exemption from Application of the Service Contract Act 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)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:
(i) 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country. Applies to all solicitations expected to result in contracts of $150,000 or more.
(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.
(iii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(v) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(vi) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at 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 FAR 52.204-8(c) and paragraph (d) 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 provision 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/DFARS Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
CLAUSES INCORPORATED BY FULL TEXT
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. Technical Capability
2. Past Performance
3. Price
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)
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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision --
“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Civil judgment” means—
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
“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.
“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act; and
(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
"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…
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