Solicitation_W912WJ-16-Q-0112.pdf

SEE ADDENDUM

(No Collect Calls)

W912WJ-16-Q-0112 15-Mar-2016

b. TELEPHONE NUMBER

978-318-8195

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 24 Mar 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912WJ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ERIN E BRADLEY

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

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

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

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 961306 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CAPE COD CANAL

JOHN MACPHERSON

PO BOX 1555 ACADEMY DRIVE

BUZZARDS BAY MA 02532-1555

TEL: 978-318-8176 FAX: 508-759-8923

978-318-8207FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$20.5M

NAICS:

561612

X

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 OF56

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.

W912WJ-16-Q-0112

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 52 Week CCC Daily Security Services

FFP

The contractor shall furnish all management, supervision, labor, materials and equipment necessary to provide armed security guard services, in accordanance with the attached Performance Work Statement.

FOB: Destination

NET AMT

0002 10 Days CCC Unscheduled Security Services

FFP

Unscheduled Days - The contractor shall furnish all management, supervision, labor, materials and equipment necessary to provide armed security guard services, in accordanance with the attached Performance Work Statement.

0003 24 Hours CCC Unscheduled Service Overtime

FFP

Unscheduled Overtime - The contractor shall furnish all management, supervision, labor, materials and equipment necessary to provide armed security guard services, in accordanance with the attached Performance Work Statement.

0004 52 Week OPTION CCC Daily Security Services

FFP

Option 1 - The contractor shall furnish all management, supervision, labor, materials and equipment necessary to provide armed security guard services, in accordanance with the attached Performance Work Statement.

0005 10 Days OPTION CCC Unscheduled Security Services

FFP

Option 1 - Unscheduled Days - The contractor shall furnish all management, supervision, labor, materials and equipment necessary to provide armed security guard services, in accordanance with the attached Performance Work Statement.

0006 24 Hours OPTION CCC Unscheduled Service Overtime

FFP

Option 1 - Unscheduled Overtime - The contractor shall furnish all management, supervision, labor, materials and equipment necessary to provide armed security guard services, in accordanance with the attached Performance Work Statement.

ADDITIONAL INFORMATION

PLEASE DIRECT QUESTIONS TO ERIN E. BRADLEY AT (978) 318‐8195 OR

erin.e.bradley@usace.army.mil. THE SOLICITATION AND RESULTING CONTRACT SHALL BE THE

GOVERNING DOCUMENT IN ALL CASES.

QUOTES CAN BE FAXED OR E‐MAILED TO ERIN E. BRADLEY AT (978) 318‐8207 or erin.e.bradley@usace.army.mil. E‐MAIL IS THE PREFERRED METHOD OF SUBMISSION.

Offerors are notified that the basis for award is price alone. Additionally, offerors are notified that the low quoter must be able to produce the Watch, Guard or Patrol Agency licensure from the Massachusetts State Police Certification Unit, prior to award. If the low quoter cannot produce this licensure when it is requested (within 3 days of quote due date/time), the quote will be considered non‐responsive and will no longer be considered.

Contractors must be registered in the System for Awards Management at www.SAM.gov (formerly the Central Contractor Registration (CCR) database and the On‐Line Representations and Certifications (ORCA) (see DFARS clause 252.204‐7004 Alt A). Please note that Google and Google Chrome are not supported browsers for SAM registration. Mozilla FireFox, Safari, and Internet Explorer are supported browsers.

SAM.gov registration takes approximately 3 weeks (DUNS registration 1‐2 business days; CAGE code validation up to 10 business days; IRS validation and overall submission 7‐10 business days). It is the contractor’s responsibility to track SAM.gov registration and follow‐up with required tasks. SAM.gov registration does not have to be “active” to be able to submit a quote. However, contractors must have an active record before a contract award can be made. If SAM.gov registration is not completed in a timely fashion in accordance with the SAM.gov timelines, the Government reserves the right to disqualify the quote in accordance with FAR 52.204‐7(d).

Provide DUNS number: ___________________________ (telephone 866‐705‐5711 for DUNS)

Provide CAGE code: ____________________________

Provide TAX ID: __________________________

Per FAR Clause 52.212‐3 Alt I, the Contractor is required to complete the On‐line Representations and Certifications Application (www.SAM.gov) and paragraph (b) if applicable, OR to complete paragraphs (c) thru (m) of this clause and return with quote.

SECURITY REQUIREMENTS

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected employee and subcontractor employee, to the Technical Point of Contact within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

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

The contractor and all associated sub‐contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the Technical Point of Contact not later than 5 calendar days after the completion of the training.

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awarness training. The contractor shall submit certificates of completion for each affected contractor and subcontract employee, to the Technical Point of Contact, within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:

https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations‐security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.uscis.gov/e‐verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E‐ verify system. An initial list of verified/eligible Candidates must be provided to the Technical Point of Contact no later than 3 business days after the initial award.

PERFORMANCE WORK STATEMENT

SECURITY SERVICES

U.S. ARMY CORPS OF ENGINEERS

CAPE COD CANAL

BOURNE, MA 02532

Performance Work Statement October 2015

A. General

1. Scope – Furnish all management, supervision, labor, materials and equipment necessary to provide armed security guard services for the Cape Cod Canal Administrative Compound in Bourne, Massachusetts.

2. Location – The Cape Cod Canal Administrative Compound is located at 40 Academy Drive, Bourne, MA 02532.

3. Site Visit – Contact the Technical Point of Contact to arrange a site visit. The Technical Point of Contact is Mr. Joe Mazzola, Park Manager, (978-318-8545 or Joseph.J.Mazzola@usace.army.mil).

4. Schedule – The period of performance shall be from 9 April 2016 through 8 April 2017.

The Duty Hours shall be from 7:30 AM to 4:00 PM Monday through Friday. In addition, the Government may exercise one (1) optional year with the same performance requirements.

5. Safety – The contractor shall also comply with all OSHA work safety standards. The project staff can and will order the cessation of work at any time should the safety of employees and visitors become jeopardized.

6. Pre-Work Conference – Prior to the start of any work, the Technical Point of Contact will schedule and conduct a “Pre-work Conference”. This conference will be held at the time and location agreeable to the government and contractor. No work may be performed under this contract prior to this conference. The purpose of the conference is to enable the Technical Point of Contact to outline the procedures that will be followed by the Government in its administration of the contract, and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government’s administration and inspection of contract work or obtain other pertinent information that might be required.

The following is a general list of items for discussion during this Pre-work Conference:

a. Authority of the Technical Point of Contact.

b. Contractor’s Safety Program

c. Correspondence, Communication and Administrative Procedures.

d. Invoice and payment.

7. Permits – The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits, registrations and letters of certification. The Contractor shall comply with any applicable Federal, State, County, and Municipal laws, codes, and regulations in connection with the performance of the work specified under this contract. NOTE: Prior to award the Contractor must provide proof of their Watch, Guard or Patrol Agency licensure from the Massachusetts State Police Certification Unit. Some of the laws and regulations to be followed by the contractor include:

a. AR 190-14, Carrying of Fire Arms and Use of Force For Law Enforcement and Security Duties, Mar 1993.

b. AR 190-56, The Army Civilian Police and Security Guard Program, Mar 2013.

c. M.G.L. Chapter 147 Sections 22-30

8. Payment – After final inspection and acceptance by the Government, the Contractor must submit an invoice to the Technical Point of Contact. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, and total amount due per line item.

All invoice may be mailed to:

U.S. Army Corps of Engineers Cape Cod Canal Field Office P O Box 1555 Bourne, MA 02532 Attn: Joe Mazzola Or Emailed to Joseph.J.Mazzola@usace.army.mil

B. Technical Requirements:

General Requirements:

1. Summary – The Contractor shall provide a single, uniformed, armed Security Guard between the hours of 7:30 am and 4:00 pm to man the guard booth located at the gated entrance to the Cape Cod Canal Administrative compound and perform periodic perimeter inspections.

2. Existing Conditions – The Cape Cod Canal Administrative Compound includes the following details:

a. 7 Buildings within the enclosed compound

b. 1 manned guard shack

c. 8.8 acres of enclosed compound area

d. 3,100 feet of perimeter fence line

e. 1,500 of shoreline

3. Requests for information – Requests concerning the work of this project should be directed to the Technical Point of Contact Joe Mazzola at 978-318-8545 or Joseph.J.Mazzola@usace.army.mil.

Service Requirements

1. General

a. Equipment

i. The contractor is responsible to provide any personal protective equipment the Security Guard will require during the execution of his/her normal duties.

ii. The Contractor is responsible to ensure the Security Guard’s weapon is in a fully functional state at all times during the execution of his/her normal duties.

iii. The Government shall provide a cellular phone which shall be carried by the Security Guard at all times. The Government provided cellular phone shall only be used in the execution of the Security Guard’s duties.

b. Contractor Conduct

i. Security Guard shall maintain weapons proficiency for the length of the contract as specified by appropriate regulations.

ii. Security Guard shall maintain control of his/her weapon at all times. At no time will the Guard’s weapon be left unsecured and/or unattended.

iii. Security Guard shall follow instructions and procedures as outlined in the

Standing Guard Post Order.

iv. Security Guard shall present a neat business-like appearance at all times and have a courteous and helpful demeanor.

Unbecoming actions or conduct on the part of the Contractor during the execution of his/her duties may be grounds for cancellation of the contract. Examples of such actions include, but are not limited to;

1. Cursing, harassment, objectionable behavior, discrimination or unwanted physical contact around or with visitors, Government personnel or other contractors.

2. Recurring written and/or verbal complaints from visitors, Government personnel, or other contractors.

3. Unsafe operation of vehicles or equipment while on Government property.

c. Personnel

i. The Contractor is responsible for ensuring the suitability of Security

Guard Personnel. The Contractor must complete a comprehensive pre-employment investigation of each person proposed for employment under this contract before they are assigned to perform the required Security Guard duties. The suitability determination for employment should be based on such factors as qualification for the job, integrity, criminal record, credit check, prior employment record, educational institution record, personal references, and proof of United States Citizenship or naturalization. The Contractor will ensure Security Guard suitability under Section 922 (g) (9), Title 18 United States Code (The Lautenberg Amendment). If the pre-employment screening indicates unsuitability for employment, such individuals will not be employed under this contract. If the contractor obtains information indicating unsuitability for existing Security Guard Personnel, such individuals will be removed from employment under this contract. All costs related to ensuring Guard Personnel suitability must be borne by the Contractor.

ii. The Contractor is responsible to conduct physical exams necessary for the Security Guard to perform the required duties. The Security Guard shall be able to meet the physical requirements/demands of the job including, but not limited to: standing, walking, bending, reaching, short bursts of running, and enduring environmental elements.

iii. The Contractor must have a viable drug abuse-testing program. Testing must be done on a random basis for all Security Guard Personnel assigned to this contract. Every Security Guard providing services at this site must be tested, and test results must be negative, prior to assignment. Any Security Guard personnel found to test positive after assignment shall be immediately removed from employment under this contract.

iv. The Contractor is responsible for ensuring the Security Guard obtains all required licenses and permits required to legally perform this service.

v. The Contractor will maintain a current copy of all individual security guard records for review, at any time, by the New England District (NAE) Chief, Security and Law Enforcement. The Contractor will provide copies of all required documents to the NAE Chief, Security and Law Enforcement in a timely manner (i.e. drug tests, physical fitness test, weapons qualifications, licenses, etc) upon request. All documents will be considered “For Official Use Only” and will be stored in accordance with applicable law and regulation.

d. Authority and Jurisdiction

i. Contract Security Guard authority is limited to maintaining access control, inspection of vehicles and persons entering restricted areas of the Cape Cod Canal project, denial of access for persons who refuse to submit to an entry inspection or are otherwise unauthorized, and summoning law enforcement assistance. Security Guards shall summon assistance from appropriate state or local law enforcement authorities in the event persons gain or attempt to gain unauthorized access to restricted areas, or when other criminal activity against persons or property is observed. Contract Security Guards may not detain, arrest, or seize persons or property.

ii. Contract Security Guard Jurisdiction is limited to the confines of the Cape Cod Canal civil works project. The Corps of Engineers has proprietary jurisdiction over civil works projects. State and local laws and ordinances apply on project lands and waters. These state and local laws and ordinances are enforced by those state and local enforcement agencies established and authorized for that purpose.

e. Use of Force

i. Security Guards will use only the minimum amount of force necessary to fulfill assigned duties, consistent with State law and Army Regulation 190-14. Contract Security Guards may not detain, arrest, or seize persons or property. State and local laws and ordinances are enforced by those state and local enforcement agencies established and authorized for that purpose.

ii. Security Guard Personnel will use deadly force only under conditions of extreme need and as a last resort, when all lesser means have failed or cannot reasonably be used. Deadly force will be used only in a manner consistent with State law and Army Regulation 190-14.

f. Training

i. The contractor will provide company sponsored training to all Security Guard Personnel prior to the assumption of duties under this contract.

Training will include a course of instruction on the requirements of the Contract and the Standing Guard Post Orders, basic first aid, patrolling a restricted area, controlling entry to a restricted area, inspection of persons and vehicles for prohibited items, use of Hand-and-Arm signals to direct traffic, response to a bomb threat or active shooter incident, security guard authority-and-jurisdiction training, use-of-force training, and self defense techniques. Contractor will also provide weapons qualification training that must include instructions on safety functions, capabilities, limitations, and maintenance of the firearm to be carried. In no instance shall contractor personnel be assigned duties requiring the carrying of individually assigned weapons until required qualification / familiarization with those weapons and use-of-force, authority and jurisdiction training have been successfully completed.

ii. The Contractor will maintain a current copy of all individual security guard training records for review, at any time, by the New England District (NAE) Chief, Security and Law Enforcement. The Contractor will also provide copies of all required documents to the NAE Chief, Security and Law Enforcement in a timely manner. All documents will be considered “For Official Use Only” and will be stored in accordance with applicable law and regulation.

2. Daily Security Services The Contractor shall maintain a physical presence at the guard booth Monday thru Friday between the hours of 7:30 am and 4:00 pm. The duty hours include a thirty minute break for lunch. The Security Guard shall perform the following duties, which include; but are not limited to:

a. Respond to incidents as they occur

b. Assess all vehicles and persons seeking entry

c. Verify and/or inspect the identity of employees, visitors, contractors and delivery personnel

d. Record entry and exit of vehicles

e. Confirm pre-arranged visits, or seek authorization for unscheduled visitors

f. Verify delivery manifest

g. Perform under-vehicle, under-hood, and trunk/cargo inspections

h. Conduct regular perimeter checks within compound

i. Provide written reports of daily and weekly activities

j. Communicate with the Marine Traffic Controller and other personnel relevant to the guard’s performance of duties

3. Unscheduled Security Services – During times of elevated force protection conditions, special events or holiday periods, the Contractor may be required to increase vigilance, provide additional service and/or work additional days.

a. The Contractor shall be given a minimum of 24 hours notice prior to any Unscheduled Security Service requirement.

b. The Unscheduled Security Services may occur during normal work days (adding an additional Security Guard) or on weekends.

c. The Unscheduled Security Services shall be provided between the hours of 7:30 am and 4:00 pm. The duty hours include a thirty minute break for lunch and the Security Guard shall eat lunch on site.

d. The Security Guard shall perform the same duties identified in the Daily Security Services.

4. Unscheduled Security Service Overtime – During times of elevated force protection conditions, special events or holiday periods, the Contractor may be required to increase vigilance, provide additional service and/or work overtime hours.

a. The Unscheduled Security Services Overtime shall only be at the request of the Technical Point of Contact.

b. The Unscheduled Security Services Overtime shall be provided outside of the normal duty hours of 7:30 am and 4:00 pm.

c. The Security Guard shall perform the same duties identified in the Daily Security Services.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 09-APR-2016 TO

08-APR-2017

N/A CAPE COD CANAL

JOHN MACPHERSON

PO BOX 1555 ACADEMY DRIVE

BUZZARDS BAY MA 02532-1555

978-318-8176

961306

0002 POP 09-APR-2016 TO

08-APR-2017

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 09-APR-2016 TO

08-APR-2017

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 09-APR-2017 TO

08-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 09-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 09-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

NOV 2011

252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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

ALTERNATE I (OCT 2014)

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

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

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

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

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

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

“Women-owned small business concern” means a small business concern --

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

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

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

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

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

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

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

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

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

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

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

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

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

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

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

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the…