W912WJ-16-Q-0173_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912WJ-16-Q-0173 21-Jun-2016

b. TELEPHONE NUMBER

9783188478

8. OFFER DUE DATE/LOCAL TIME

05:00 PM 01 Jul 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

SARA J TORRES

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 W912WJ 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

GENERAL ENGINEERING SEC

HEATHER RAUSCH

696 VIRGINIA ROAD

CONCORD MA 01742-2751

TEL: 978-318-8038 FAX:

978-318-8207FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$15M

NAICS:

541380

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 OF45

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-0173

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Laboratory Services

FFP

Contractor shall furnish all equipment, materials, and labor necessary to provide both potable water and non-potable (beach) analyses at designated U.S. Army Corps of Engineers (USACE), owned reservoirs and projects within northern NAE basins that meet State and Federal regulations for each state that the samples are collected from to protect public health, in accordance with the attached Performance Work Statement. Services include provision of appropriate sampling containers, sample collection (as needed), public water system assessments as required by New Hampshire and Vermont, as well as analysis of water samples.

FOB: Destination

NET AMT

0002 1 Job OPTION Laboratory Services

FFP

Contractor shall furnish all equipment, materials, and labor necessary to provide both potable water and non-potable (beach) analyses at designated U.S. Army Corps of Engineers (USACE), owned reservoirs and projects within northern NAE basins that meet State and Federal regulations for each state that the samples are collected from to protect public health, in accordance with the attached Performance Work Statement. Services include provision of appropriate sampling

0003 1 Job OPTION Laboratory Services

FFP

Contractor shall furnish all equipment, materials, and labor necessary to provide both potable water and non-potable (beach) analyses at designated U.S. Army Corps of Engineers (USACE), owned reservoirs and projects within northern NAE basins that meet State and Federal regulations for each state that the samples are collected from to protect public health, in accordance with the attached Performance Work Statement. Services include provision of appropriate sampling

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 08-JUL-2016 TO

07-JUL-2017

N/A GENERAL ENGINEERING SEC

HEATHER RAUSCH

696 VIRGINIA ROAD

CONCORD MA 01742-2751

978-318-8038

W912WJ

0002 POP 08-JUL-2017 TO

07-JUL-2018

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 08-JUL-2018 TO

07-JUL-2019

N/A (SAME AS PREVIOUS LOCATION)

SECURITY REQUIREMENTS

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.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/everify) 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

WATER QUALITY PROGRAM LABORATORY SUPPORT

NORTHERN NAE PROJECTS

U.S. ARMY CORPS OF ENGINEERS

PURCHASE ORDER REQUEST

Performance Work Statement April 2016

A. General

1. Scope – Purchase Order request for laboratory services that provide both potable water and non-potable (public beach) analyses at designated Corps owned reservoirs and projects within northern NAE basins that meet State and Federal regulations for each state that the samples are collected from to protect public health as described below. Services include provision of appropriate sampling containers, sample collection (as needed), public water system assessments as required by New Hampshire and Vermont, as well as analysis of water samples.

2. Sample Location – Sample locations at Corps of Engineer reservoirs throughout New Hampshire, Vermont and north-central Massachusetts as described below under Technical Requirements for potable water samples and non-potable surface water (beach) samples.

3. Laboratory Location – The laboratory shall be located within the southwest New Hampshire Lebanon-Keene-Concord travel corridors. Seventy-five percent of the samples will be collected from Corps projects spread over a 100-mile area of the Connecticut River Basin, extending from north-central Massachusetts to Thetford, Vermont. The remaining twenty-five percent of the samples will be collected from Corps facilities located in the Merrimack River Basin in central New Hampshire. The Lebanon-Keene-Concord, New Hampshire travel corridor, accommodates logistical limitations, holding times, turnaround times and ensures the greatest accuracy for coliform counts.

4. Pre-Work Conference - Prior to the start of any work, the Program Manager will schedule and conduct a “Pre-Work Conference” via conference call. The Contractor’s Project Manager and Quality Control Personnel will attend this meeting. 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, including laboratory methods and coordinating sample pick-up schedule. 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. At the Pre-Work conference the contractor shall provide the name of the project superintendent with a telephone number for project coordination.

The following is a general list of items for discussion during this Pre-Work Conference, as applicable:

i. Authority of the Technical Point of Contact and Quality Assurance Inspectors.

ii. Contractor’s Certification (including sub-contractors).

iii. Correspondence, Communication and Administrative Procedures.

iv. Invoice and payment.

5. Certifications – State of New Hampshire potable water accreditation and State of Vermont potable water certification for the specific method/analysis per Safe Drinking Water Act.

State of New Hampshire non-potable water accreditation for E.Coli. State of Massachusetts certification for potable water analysis of Total coliform per the Safe Drinking Act. State of New Hampshire certified Public Water System (PWS) operator and State of Vermont certified Public Drinking Water operator of a classification sufficient to perform Level 2 Assessments on small transient non-community water systems as may be required by Vermont or New Hampshire drinking water regulatory agencies. The Contractor shall, without additional expense to the Government, be responsible for obtaining and maintaining necessary licenses, permits, 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.

6. Security – When authorized for sample collection, the contractor will comply with all established security policies at Corps of Engineer projects. Due to periods of heightened security that may affect the access to the areas covered under this contract, the Government reserves the right to close any property or portion of property and reschedule and/or cancel any subsequent service.

7. Contractor Conduct – Alcohol and firearms are prohibited on project grounds. Contractor and employees must comply with CFR 36 Rules and Regulations whenever collecting samples on government property.

8. Payment – Payment shall be made on a per job basis. After laboratory services and analytical results submitted as described below under Technical Requirements, the Contractor must submit an invoice to the Program Manager, Heather Rausch, within 30 days of sample acceptance. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, process, and total amount due per line item.

All invoices may be both mailed and emailed to the following addresses:

USACE-EP-GW

Heather Rausch 696 Virginia Rd.

Concord, Ma 01742 Emailed to Heather.J.Rausch@usace.army.mil

B. Technical Requirements:

General Requirement

1. Summary – Furnish laboratory services to analyze water samples from Corps of Engineers reservoirs located in New Hampshire, Vermont and Massachusetts for parameters noted below under section “Service Requirements”. Services include provision of appropriate sampling containers, sample collection (as needed), public water system assessments (as required by New Hampshire and Vermont) as well as analysis of water samples.

2. Government Resources – The contractor is responsible for providing all laboratory equipment and transportation to complete the analysis. Unless specified in the contract, the Government will not provide any equipment, telephone services or other resources.

3. Omissions – This contract may not cover all specified activities, steps, and procedures required to supply the contract product. In case of omission, the normal industry, state, or federal standards, practices, specifications, and/or guides shall prevail. In no instance shall an omission be reason to produce less than an acceptable product.

4. Quality Assurance – The contractor is responsible for the quality control of the contract work. The government has the right to inspect and test all items called for by the contract, to the extent practicable at all times and at all places during the term of the contract.

5. Workmanship – The contractor shall establish and maintain a quality control system to assure compliance with the contract requirements.

6. Receiving and Storing Samples – The contractor is responsible for protecting any stored samples within the EPA holding times. Government employees will not receive material for supplies for the contractor and will not be responsible for damage to the contractor’s equipment or materials.

7. Requests for information – Requests concerning the analytical laboratory work of this purchase order request should be directed to the project Technical Point of Contact, Nancy McNally, (978) 508-9247 or Nancy.L.McNally@usace.army.mil.

8. Submittals Part 1 –The laboratory must notify the Corps of Engineer Water Quality

Technical Point of Contact, Nancy McNally, by phone (978) 508-9247, with coliform results as soon as results become available, no later than noon the day following sample collection to meet the State and Federal notification timeframe. Failure to comply with the Submittal Part 1 reporting timeframe as stated will result in contract termination.

9. Submittals Part 2 - Written submittals shall be made on a per job basis within 30 days of sample acceptance. The written submittal shall include the data type, sample location, initial of analyst, reviewer signature, sample date and time, acceptance date and time, analytical method utilized, quantities, unit of measure, contract number, dates of service, and description of work, as applicable and required by State and EPA guidelines.

All laboratory results may be both mailed and emailed to the following addresses:

USACE-EP-GW

Heather Rausch 696 Virginia Rd.

Concord, Ma 01742

Emailed to Heather.J.Rausch@usace.army.mil

10. Service Requirements:

A. Description: Purchase Order request for laboratory services that provide both potable water and public beach (surface water) analyses at designated Corps owned reservoirs and facilities within New Hampshire, Vermont, and north-central Massachusetts that meet State and Federal regulations for each state the samples are collected from to protect public health.

1. Certifications:

- State of New Hampshire potable water accreditation and State of Vermont potable water Certification for the specific method/analysis per Safe Water Drinking Act.

- State of New Hampshire non-potable water accreditation for E.Coli.

- State of Massachusetts Certification for potable water analysis of Total Coliform per Safe Drinking Water Act.

- State of New Hampshire certified Public Water System (PWS) operator and State of Vermont certified Public Drinking Water operator of a classification sufficient to perform Level 2 Assessments on small transient non-community water systems as may be required by Vermont or New Hampshire drinking water regulatory agencies.

2. Experienced trained laboratory staff available to perform beach monitoring on an as-need basis, often with little advanced notice, including occasional weekends and holidays. Beach monitoring includes beach sample collection and recording field observations common to natural and unnatural water phenomena, including, recognizing the presence of algae and cyanobacteria, common birds and freshwater fish, tracks, feces and other indicator of water quality.

3. Sample acceptance, Monday-Thursday, occasional Friday and weekends/holidays as-needed.

4. Notify the COE Water Quality Program representative (Nancy McNally) as soon as results become available; NLT noon with coliform results the following day to meet the beach notification timeframe.

5. Potable Water Samples:

Potable water samples will be collected year round and hand-delivered to the lab.

Laboratory analysis of potable water samples will be performed in accordance with State approved analytical methods. Samples will come primarily from New Hampshire, Vermont and Massachusetts on as-need basis. Bacterial samples are to be analyzed as soon as is possible. Maximum sample holding times must be met (6-hr for source samples). Most Probable Number (MPN) Colony counts must be reported to the Water Quality Program representative (Nancy McNally) as soon as they become available; no later than noon the day following collection. This reporting time is essential to optimal public safety and allows for timely management of postings, closures and reopening of systems and to meet State reporting requirements (notification must be received before the end of their workday). In order to achieve this, samples must be received by the lab no later than 2:00pm the day sampled as the bacteriological tests take 18-hours plus setup beforehand and reading the results afterwards. State mandated data reporting requirements for all public water systems must be adhered to. Written reports and invoices will be provided to the Water Quality Program representative within 30 days of sample collection. Bacteriological work must be performed on the premises.

Bacteriological work may not be subcontracted.

Routine analytes include Total Coliform, Escherichia coli (E. Coli), Nitrates and Nitrites. Occasional analytes could additionally include, but are not limited to, arsenic and sodium. Presence/Absence coliform methods are unacceptable.

Sample locations at the New Hampshire Corps of Engineers projects (town) include, Ed MacDowell Dam (Peterborough), Hopkinton Dam (Contoocook), Otter Brook Dam (Keene), Everett Dam (Weare), Blackwater Dam (Webster) and Surry Mountain Dam (Surry). Sample locations at the Vermont Corps of Engineers projects (town) include, Ball Mountain Dam (South Londonderry), North Hartland Dam (Hartland), North Springfield Dam (Weathersfield), Townshend Dam (Townshend) and Union Village Dam (Thetford). Sample locations at the Massachusetts Corps of Engineers projects (town) include Tully Dam (Royalston), Birch Hill Dam (South Royalston/Winchendon), and Barre Falls Dam (Hubbardston).

4. Non-potable Water (Beach) Samples Laboratory analyses of surface waters for E. Coli must be performed in accordance with State approved methods. Bacterial samples are to be analyzed as soon as is possible. Holding times must be met. Samples will primarily come from New Hampshire and Vermont plus north-central Massachusetts on as-need basis. Most Probable Number (MPN) Colony counts must be reported to the Water Quality Program representative (Nancy McNally) as soon as they become available; no later than noon the day following collection. This reporting time is essential to optimal public safety and allows for timely management of postings, closures and reopening of beaches. In order to achieve this, samples must be received by the lab no later than 2:00pm of the day sampled since bacteriological tests take 18-hours plus set-up beforehand and reading results afterwards. Written reports and invoices will be provided to the Water Quality Program representative within 30 days of sample collection. Bacteriological work must be performed on the premises. Bacteriological work may not be subcontracted. Routine

Beach monitoring is performed from mid-May through mid-September. Samples are generally collected weekly and hand delivered to the lab.

Routine analyte: Escherichia Coli (E. Coli) by approved enumeration method.

Non-potable (Beach) Water Stations: New Hampshire Corps of Engineers projects (town) include, Ed MacDowell Dam (Peterborough), Hopkinton Dam (Contoocook), Otter Brook Dam (Keene), and Surry Mountain Dam (Surry). Sample locations at the Vermont Corps of Engineers projects (town) include, Ball Mountain Dam (South Londonderry), North Hartland Dam (Hartland), North Springfield Dam (Wethersfield), Townshend Dam (Townshend) and Union Village Dam (Thetford). The primary sample location in Massachusetts is Tully Dam (Royalston).

BID SCHEDULEWQ PROGRAM LABORATORY SUPPORT NORTHERN

NAE PROJECTS

Line Analysis Method Qty. Qty. Qty.

Item No. 2016 2017 2018

Total coliform and e-coli in potable water

SM 9223B; or comparable approved method capable of simultaneous "rapid" (18-hr or less) quantification of Total and E. Coli SM 9223B Quanti-Tray (EPA Approved).

205 205 205

Total coliform and e-coli in beaches

SM 9222B; or comparable approved method capable of simultaneous detection and enumeration of Total Coliform and E.Coli in 24 hours or less.

15 15 15

Escherichia coli in beaches.

SM9223B, or comparable approved method capable of simultaneous "rapid" (18 hour or less) quantification of Total and E.Coli SM 9223B Quanti-Tray (EPA approved).

375 375 375

Nitrate as N, in potable water

EPA 353.2, or comparable approved method capable of 0.1 mg/l detection limit. EPA 300.0 IC.

13 26 26

Nitrite as N, in potable water EPA 353.2, or comparable approved method capable of 0.1 mg/l detection limit. EPA 300.0 IC.

3 3 26

Arsenic, Total, in potable water

SM19 3113B, or comparable approved method capable of 0.001 mg/L detection limit. EPA 200.5

3 3 3

Sodium, Total, in potable water

EPA 200.7, or comparable approved method capable of 1 mg/l detection limit. EPA 200.7

0 0 0

Iron, in potable water EPA Approved methods

0 0 0

Lead in potable water EPA Approved methods

0 0 0

Manganese in potable water EPA Approved methods

0 0 0

Uranium in potable water EPA Approved methods

0 0 7

Field Support (hours)

Available for beach monitoring or PWS assessment within 24 hours’ notice including weekends.

80 80 80

TOTAL COST

ADDITIONAL INFORMATION

-PLEASE DIRECT QUESTIONS TO SARA J. TORRES AT (978) 318‐8478 OR

Sara.J.Torres@usace.army.mil . THE SOLICITATION AND RESULTING CONTRACT SHALL BE

THE GOVERNING DOCUMENT IN ALL CASES.

-QUOTES CAN BE FAXED OR E‐MAILED TO SARA J. TORRES AT (978) 318‐8478 or EMAILED AT Sara.J.Torres@usace@army.mil . E‐MAIL IS THE PREFERRED METHOD OF

SUBMISSION.

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.

NOTE: SAM registration may take up to 3 weeks to process.

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.

POTENTIAL QUOTERS ARE NOTIFIED THAT THE BASIS ON WHICH AWARD WILL BE MADE

IS PRICE ALONE. ALL RESPONSIBLE SOURCES MAY SUBMIT A RESPONSE WHICH, IF

TIMELY RECEIVED, MUST BE CONSIDERED BY THE AGENCY. INVOICES SHALL BE SENT

TO TECHNICAL POINT OF CONTACT DELIVERY

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

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 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

252.204-7003 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

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

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

[Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

Line Item No.

Country of Origin

(List as necessary)

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

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

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

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

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

Country of Origin

[List as necessary]

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

Other Foreign End Products:

Line Item No.

Country of Origin

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

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

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 Free Trade Agreement country end products (other than Bahrainian, Korean, 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, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Country of Origin

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Country of Origin

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h)…