W912PA-17-T-0020.pdf

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Insulation of exterior of annexes on Hangar1
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W912PA-17-T-0020
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Solicitation/Request for Quotations W912PA-17-T-0020 with Attachment 1, Statement of Work. INSTRUCTIONS TO OFFERORS: The offeror shall submit the completed Standard Form SF 18 as instructed in paragraphs (a), (b), (c) and (d) of PART I - PRICE, together with the additional data as instructed in paragraph (a) of PART II - TECHNICAL and paragraph (a) of PART III - PAST PERFORMANCE by email to anika.momik.ln@mail.mil and usarmy.rheinlandpfalz.409-contr-spt-bde.mbx.409csb-bru-request@mail.mil or alternative.

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BENELUX

JEAN-LUC DUVIVIER

20004 CHIEVRES AIR BASE

7950 CHIEVRES

BELGIUM

TEL: 068/27-56-44 FAX:

0011048610

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912PA-17-T-0020 11-Aug-2017 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ [ ] IS X[ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

US MILITARY FORCE - RCO BENELUX

ANIKA MOMIK

32-2-7179615 (FAX 9610)

LEUVENSESTEEWEG 13

1932 SINT-STEVENS-WOLUWE

BELGIUM

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

07-Sep-2017(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

00-32-2-7179615ANIKA MOMIK

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W912PA-17-T-0020

Section Supplies or Services and Price

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Prelimary work and dismounting

FFP

In accordance with the Statement of Work (Attachment 1): Chapter II, Section 1, Paragraphs TP-1-01, TP-1-02, TP-1-03 and related Schedule in Chapter III.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011048610

NET AMT

0002 1 Job New work

FFP

In accordance with the Statement of Work (Attachment 1): Chapter II, Section 2, Paragraphs TP-2-01, TP-2-02, TP-2-03, TP-2-04, TP-2-05, TP-2-06, TP-2-07, TP- 2-08, TP-2-09, TP-2-10, TP-2-11 and related Schedule in Chapter III.

0003 1 Job Coord. in matter of safety and health

FFP

In accordance with the Statement of Work (Attachment 1): Chapter I, Paragraph G- 09 and related Schedule in Chapter III.

Section 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 0002 Destination Government Destination Government 0003 Destination Government Destination Government

Section Deliveries and Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 150 dys. ADC 1 BENELUX

JEAN-LUC DUVIVIER

20004 CHIEVRES AIR BASE

7950 CHIEVRES

BELGIUM

068/27-56-44

WK3E47

0002 150 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 150 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

Section SF 18 - Block 11 Continuation page

SPECIAL INSTRUCTIONS

SAM REGISTRATION

In order to better manage its expenditures, the U.S. Government requires all contractors, foreign, as well as, domestic to input basic company information into a central database. This means all vendors doing business with the Regional Contracting Office – Benelux are required to register in the System for Award Management (SAM) database.

Non-US companies Step-1: Obtain a NATO Contractor and Government Entity (NCAGE) Code prior to logging onto the SAM website. NCAGE Codes can be obtained by contacting the POC for your country on the following web site:

https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

US companies & non-personal services contractors (e.g. Army Chapel & ACS offices) Step-1: Obtain a DUNS number by registering at: http://www.dnb.com At this website, you must first pick your country from the drop-down menu in the upper righthand corner, then pick your language, and follow the directions.

[Background information: The U.S. Government system uses the Data Universal Numbering System (DUNS) number as your contractor identification number. This number consists of a nine-digit number assigned to your firm by Dun and Bradstreet Information Services.]

Step-2 for both Non-US and US companies:

To complete mandatory SAM registration, please complete the following steps (3-5 business days after obtaining the DUNS number) :

Go to SAM’s homepage: https://www.sam.gov Click on “Start New Registration” When prompted, enter your DUNS number. Click “Submit” Input your specific information (mandatory information is marked in green with an asterisk (*) next to it) Click “Validate/Save” when finished entering all your information on each page.

Only contractors who are registered and have an active account in the System for Award Management (SAM) system may be awarded a contract as a result of this solicitation.

In order to be eligible for contract award, the offeror must be registered in the System for Award Management SAM website (https://www.sam.gov). Please note that the vendor must first have an active account in SAM before he/she can register and submit an invoice into WAWF.

PROJECT

R-CH-8FD-17171-17, Insulation of exterior of annexes on Hangar#1 at Building #20001 - Chièvres Air Base

MAGNITUDE

Estimated between $ 100,000.00 and $ 250,000.00

NAICS

236220

INSTRUCTIONS TO OFFERORS

A. All quotations shall be complete, concise and respond directly to the requirements of this Request for Quotations (RFQ). The Government may accept a quotation as initially submitted without requesting further information from any offeror. The described requirement shall be awarded to only one offeror.

B. The offer shall consist of three parts:

PART I - PRICE

(a) The offeror shall insert its proposed prices for the Contract Line Item (CLIN) 0001, 0002 and 0003 of this RFQ.

The extended amount must equal the whole Euro unit price/ US Dollar unit price multiplied by the number of units (quantity x unit price). All quotations will be submitted without the inclusion of taxes to include VAT type taxes if the offer is submitted in Euros.

(b) The offeror shall complete the Schedule in Chapter III of the Statement of Work, by inserting the Unit Price (U.P.(€)) and the Total Price (T.P.(€)) of each specified item.

(c) The offeror shall to complete blocks 13, 14, 15 and 16 of the Standard Form SF18. By completing this blocks, the offeror accedes to the contract terms and conditions as written in the RFQ. The Government, at its discretion, may incorporate all or portions of an offeror’s quotation into the contract at time of award.

(d) The offeror shall complete:

(i) clause FAR 52.204-20 Predecessor of Offeror (Jul 2016)

(ii) clause FAR 52.223-3, Hazardous Material Identification and Material Safety Data (Jan 1997)

(iii) clause DFARS 252.229-7001 Tax Relief (Sept 2014)

PART II - TECHNICAL

(a) The offeror is required to submit one (1) copy of a valid certificate issued by the Belgian National Security Office (ONSS) attesting that the company has completed the declarations for the second trimester of the year 2017.

PART III - PAST PERFORMANCE

(a) The offeror is required to submit a free form performance record of at least three (3) projects executed within the last three (3) years from the date of this solicitation that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation. The performance record shall reference for each project:

1. project name

2. company or public institution

3. project value.

C. The offeror shall submit the completed Standard Form SF 18 as instructed in paragraphs (a), (b), (c) and (d) of PART I - PRICE, together with the additional data as instructed in paragraph (a) of PART II - TECHNICAL and paragraph (a) of PART III - PAST PERFORMANCE by email to anika.momik.ln@mail.mil and usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.409csb-bru-request@mail.mil or alternative e-mail as instructed in the out-of-office message, or by fax at +32-2-7179611 not later that the date specified in block 10 of the RFQ. Hand held offers shall not be accepted.

SITE VISIT

An organized site visit has been scheduled for Wednesday 23 August 2017 - 9.00 hrs. Please contact anika.momik.ln@mail.mil and usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.409csb-bru-request@mail.mil or alternative e-mail as instructed in the out-of-office message to be included on the access roster or for questions related to the site visit. Participants will meet at Gate 14, Chievres Air Base, 7950 CHIEVRES (Belgium).

DRAWINGS

Drawings will be provided to prime offerors upon request only and after signing a non-disclosure agreement. The request shall be submitted by email to anika.momik.ln@mail.mil and usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.409csb-bru-request@mail.mil or alternative e-mail as instructed in the out-of-office message. A delay in the drawings will not extend the closing date and time.

BASIS FOR AWARD

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 factor shall be used to evaluate offers:

FACTOR I - PRICE

Price quotations will be evaluated for price fair and reasonableness. Award shall be made to the Lowest Priced Technically Acceptable offer.

FACTOR II - TECHNICAL

The offeror's technical capability to perform in order to meet the Government's requirement will be evaluated according to the following technical rating description:

"Acceptable": the offer clearly demonstrates one (1) copy of a valid certificate issued by the Belgian National Security Office (ONSS) attesting that the company has completed the declarations for the second trimester of the year 2017.

"Unacceptable": the offer does not clearly demonstrate one (1) copy of a valid certificate issued by the Belgian National Security Office (ONSS) attesting that the company has completed the declarations for the second trimester of the year 2017.

FACTOR III - PAST PERFORMANCE

The purpose of the past performance evaluation is to assess the offeror’s ability to fulfill the solicitation requirements while meeting schedule, budget, and performance quality constraints. The offeror's past performance will be evaluated against these requirements to determine whether the offer is acceptable or unacceptable in accordance with Past Performance Evaluation Rating description:

"Acceptable": Based on the offeror’s performance record, the government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

"Unacceptable": Based on the offeror’s performance record, the government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or is so spare that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

B. Only one contract will be awarded from this solicitation. Award will be made on an all or none basis. Offers for less than all of the solicited work will be rejected as non-conforming/non-responsive.

C. The Government will award a contract to the Lowest Priced Technically Acceptable Offer.

TRANSLATION

Drawings, specifications, instructions, or other documents furnished to the Contractor by the Government in connection with the performance of the work shall be in the English language only. Such translations thereof as are necessary or proper for the performance of the work shall be provided by the Contractor. Errors or omissions in such translations from the Government furnished drawings, specifications, instructions or other documents shall be the responsibility of the Contractor. The English text shall apply in the event of disagreements occasioned by differences between the text and the Contractor’s translation of drawings, specifications, instructions or other documents furnished by the Government pursuant to the provisions of the contract. All correspondence, drawings, and other documents submitted by the Contractor shall be entirely in English, except as otherwise provided in the contract.

LIABILITY

For the purpose of this contract the Contractor is considered as an independent Contractor and not as an agent of the US Government. During the performance the Contractor shall be liable and will indemnify and hold harmless the Government, its agents and employees against any actions or claims for all damages to persons or property, including death arising or resulting from fault, negligence, wrongful act or wrongful omission of the Contractor

PREPARATION, SUBMISSION OF INVOICES AND PAYMENT

Contractor shall submit his invoice electronically through the Wide Area Workflow (WAWF) online application system for payment. WAWF Instructions are being provided to the Contractor under separate cover upon request. WAWF also provides online training: https://wawf.eb.mil/

ADDITIONAL INVOICE INFORMATION (CONST)

Invoice must include the appropriate lump sum amount due, percentage of work completed, or an itemized listing of quantities (by building, if applicable) and a description of items and discounts accurate in accordance with the Schedule and the terms and conditions of the contract. In addition, the invoice shall specify the date on which all work, or to portion or percentage of work invoiced under the contract, was completed. Taxes and duties will be listed and excluded from invoice prices.

ACCESS OF CONTRACTOR’S PERSONNEL TO COMMISSARY AND PX

The Contractor’s personnel can have access during the duration of the contract to the U.S.-operated snackbar.

Contractor’s personnel are not entitled to commissary and PX privileges and will not attempt to obtain, in any way, duty-free merchandise. A violation of this restriction will result in immediate removal of the personnel involved.

PREPERFORMANCE CONFERENCE

The Government will schedule a pre-performance conference after contract award but prior to commencement of work on site. Upon award of contract the Contractor will be advised of date, time, address, and place of conference. Contractor shall attend this conference.

ENVIRONMENTAL LAWS

All materials should meet regional, provincial, national and local ecology laws in respect to all materials and their disposal. Contractor will be insured against and solely responsible for any ecological damage caused both to US and Host Nation interested parties. Furthermore, the Contractor agrees to hold the US Government harmless in any lawsuit concerning ecological damages.

WEATHER DELAYS

Reference paragraph (b) (1), FAR 52.249-10 Clause “DEFAULT (FIXED PRICE CONSTRUCTION) (APR 1984)”. Unless unusually severe (seasonal) weather conditions prevails, no extension will be granted for delays experienced by the Contractor. A log book shall be kept by the Contractor to record weather conditions, and any eventual inclemency’s which may preclude the continuation of work in accordance with the requirements of tender document “Marchés Publics – 1978, chapter I, Item 28” (for BELGIUM) or “ABB 1968” (for THE NETHERLANDS). This log book shall be presented as a summary of the work performed, the weather conditions and the report on personnel attendance on the work site. It shall serve as a base for determining the final completion date of the works.

PERFORMANCE STANDARDS

(a) In the event of conflict between the applicable standards and any requirement or condition of the specifications and the contract, the specifications and the contract shall govern.

(b) Copies of the applicable Belgian and local standards and regulations will not be furnished with this specifications. US Army, Government specifications, regulations and other publications made part of this contract by reference herein are available for reading at the local facilities engineering office located at :

USAG BENELUX

Directorate of Public Works, Engineering Division Hangar #6 Chievres Air Base 7950 Chievres, Belgium

MEASUREMENTS AND QUANTITIES

Unless stated otherwise, all quantities and measurements listed in the specifications, drawings, and price breakdown are estimates only. The offeror themselves shall familiarize with the job site, determine the extent, nature and scope of work as appropriate.

CONSERVATION OF ELECTRICITY AND WATER

The United States Government will make available to the Contractor, from existing outlets and supplies, all reasonably required amounts of electricity and water free of charge to the Contractor. The Contractor shall carefully conserve utilities furnished without charge.

CONTRACTOR RESPONSIBILITY (CONSTRUCTION)

(a) Contractor Supervision. Pursuant to FAR 52.236-6 Clause “SUPERINTENDENCE BY THE CONTRACTOR (APRIL 1984)”, contractor shall supervise his/her employees to ensure compliance with contract standards. Contractor or his/her representative shall be present at all times during work performance at contract site.

(b) Host Nation Safety Requirements. In addition to the safety requirements set forth in FAR 52.236-13 Clause “ACCIDENT PREVENTION (APRIL 1984)”, Contractor shall comply with Host Nation Safety Regulations. In case of conflict between Host Nation and US Standards, the more stringent standards shall govern.

(c) Fire Protection and Prevention. The Contractor shall comply with fire protection and prevention regulation and fire defense plan prescribed for buildings in which work is to be performed. A copy of the regulation and plan is on file with the Contracting Officer or Government Point of Contact (POC).

NOTE: UNDER NO CIRCUMSTANCES SHALL CONTRACTOR STORE FLAMMABLE

MATERIAL WITHIN GOVERNMENT BUILDINGS.

(d) Lost Articles. Contractor shall be responsible in the event of theft by his personnel of Government property or personal property of Government personnel, civilian or military. All lost or misplaced articles found by his/her employees shall be turned in to the POC.

(e) Protective Measures. In addition to FAR 52.236-9 “PROTECTION OF EXISTING VEGITATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APRIL 1984)”, Contractor shall provide barricades and precaution signs in both English and the Host Nation language for the safety of inhabitants and passers-by. Contractor shall be responsible for removal of furnishings and equipment as required for preparation of work sites as well as for reinstallation thereof. Contractor shall replace any furnishings and equipment at their original locations upon completion of contract work.

(f) Building Security. Contractor employees shall assure that all equipment is de-energized and stored in designated storage areas together with supplies upon completion of work. When buildings are unoccupied – lights, water outlets, and blowers shall be turned off and windows closed and locked on a floor-to-floor basis as work progresses, followed by locking of all exterior doors upon completion of work. Keys to buildings shall be deposited with the POC. Contractor shall be responsible for any losses or damages arising from failure to secure buildings during and after working hours by his/her personnel.

(g) Clean Up. In accordance with Contract Clause FAR 52.236-12 “CLEANING UP (APRIL 1984)”, Contractor shall be responsible for cleaning up. Accumulated dirt and debris shall be hauled off, and disposed of in accordance with Host Nation Law, at least once a week by the Contractor. Stairwells used by the Contractor during execution of work shall be cleaned daily. Cloths, mops, and brushes containing combustible materials shall be disposed of or stored outside of the buildings in tight, covered, metal containers. Paints and thinners shall not be poured into inlets of the interior or exterior sewage system. Paints, stains, and other residues on adjacent surfaces or fixtures caused by the Contractor shall be carefully removed and cleaned to original finish.

Upon completion of the work, the Contractor shall remove all construction equipment, materials, and debris resulting from contract work. The entire work site and the area used by the Contractor personnel shall be left clean.

Turn-in Salvage Material. The Contractor shall be responsible for salvage. All dismantled materials indicated for turn-in by the specification or as directed by the POC shall be enumerated in a roster prepared by the Contractor and turned in to Government disposal office/yard selected by POC. Contractor shall obtain a hand receipt for the materials turned in and attach the hand receipt to his final invoice. Turn-in times shall be as directed by the POC.

GOVERNMENT-FURNISHED UTILITIES

(a) Utilities. Water and electrical power required for the execution of this project will be made available to the Contractor without charge, in accordance with the contract clause “AVAILABILITY AND USE OF UTILITY SERVICES (APRIL 1984), FAR 52.236-14. Necessary connections to lines shall be made by the Contractor without additional cost to the Government. Electrical connections or temporary installations shall be made in accordance with VDE 0100. No other material, equipment, or services shall be furnished by the Government unless expressly stated elsewhere herein.

(b) Telephones. Telephone facilities shall be made available without charge at a location designated by the Contracting Officer to make calls within the military reservation areas only. Use of telephones in family quarters by the Contractor or his/her employees or Sub-Contractors is strictly prohibited.

U.S. AND HOST NATION HOLIDAYS

(a) US Holidays Work Shall be performed on U.S. holidays occurring during the normal workweek. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

(b) Host Nation Holidays Work Shall Not be performed on local Host Nation* holidays occurring during the normal workweek.

* Local host nation holidays occur in the region/state where contract performance takes place.

The U.S. holidays are:

New Year's Day January 1st M L King Memorial Day 3d Monday in January Presidents' Day 3d Monday in February Memorial Day last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2d Monday in October Veterans' Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

The Belgium holidays are:

New Year’s Day 01 January Easter Monday varies yearly Labor Day 01 May Ascension Day varies yearly Whit-Monday varies yearly National Independence Day 21 July Assumption 15 August All Saints Day 01 November Armistice Day 11 November Christmas Day 25 December

CLAUSES INCORPORATED BY REFERENCE

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-13 Time Extensions SEP 2000 52.214-34 Submission Of Offers In The English Language APR 1991 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-2 Service Of Protest SEP 2006 52.236-2 Differing Site Conditions APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-14 Availability and Use of Utility Services APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7005 Airfield Safety Precautions DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(X) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 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.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 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.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 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.

(xii) 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.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 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.

(xv) 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.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 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.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change ------ ---------- ------ n/a

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within thirty (30) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than one hundred and twenty (120) calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (JAN 2017).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are ncorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(iii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(iv) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JAN 2017).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

www.acquisition.gov

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by…

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