A07.23_RFQ_W9132T17T0012.pdf
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- Mold Remediation
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- W9132T-17-T-0012
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Performance testing of a novel dry-fog mold remediation and prevention process.
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PR W2R2 CONST ENGR LAB
RECEIVING CLERK
2902 NEWMARK DRIVE
P.O. BOX 9005
CHAMPAIGN IL 61826-9005
TEL: 217-373-4456 FAX: 217-373-4457
W81EWF63338190
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER) 1
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED RATING
W9132T-17-T-0012 23-Jan-2017 5a. ISSUED BY
8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this
Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State, and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e) (f)
SEE SCHEDULE
AMOUNT
% No. %
NOTE: Additional provisions and representations [ ] are [ ] are not attached.
13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION
16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)
TELEPHONE NO.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)
PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)
THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE
6. DELIVER BY (Date)
SEE SCHEDULE
AND/OR DMS REG. 1
UNDER BDSA REG. 2
4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE
REQUEST NO.
ERDC CONTRACTING OFFICE
CHAMPAIGN OFFICE
P O BOX 9005
CHAMPAIGN IL 61826-9005
9. DESTINATION (Consignee and address, including ZIP Code)
7. DELIVERY
[ ]X FOB
DESTINATION
[ ] OTHER
(See Schedule)
03-Feb-2017(Date)
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.
217-373-4488DIANE M BIGGS
(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:
d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS
W9132T-17-T-0012
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Dry Fog Testing
FFP
Perform service in accordance with the performance work statement in Section C entitled: "Performance Testing of a Novel Dry-Fog Mold Remediation and Prevention Process." This amount shall be inclusive of all labor, materials, and other costs required to complete the service.
FOB: Destination
MILSTRIP: W81EWF63338190
PURCHASE REQUEST NUMBER: W81EWF63338190
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Job Manpower Reporting
FFP
ACCOUNTING FOR CONTRACTOR SERVICES:
Reference Section C, Performance Work Statement, Paragraph 10.e. It is the Contractor's option whether to charge for this requirement and include the price within Contract Line Item 0001 or to price separately. If the price is included in CLIN 0001, please annotate this line item with NSP (Not Separately Priced). If pricing separately, include the price in this contract line item. In either event, please attach a separate budget for this requirement. If the Contractor chooses not to charge for this reporting, please mark this contract line item NC (No Charge).
FOB: Destination
NET AMT
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
PERFORMANCE TESTING OF A NOVEL DRY-FOG MOLD REMEDIATION AND
PREVENTION PROCESS
1. INTRODUCTION: Mold is a fungus that can grow on virtually any substance, provided moisture is present, damaging buildings and negatively affecting the health of building occupants. Mold continues to be an ongoing problem for Army installations and contingency basing locations. The preferred solution is to control and eliminate the source of moisture that precipitates the mold growth.
However, this is an ever-changing problem with an unachievable long-term solution within most, if not all, “real world” operational settings. This is due, in large part, to building personnel throughout DoD adjusting system specific HVAC set points to achieve their immediate comforts. Other physical controls such as windows, doors, etc. are opened or closed to satisfy current employee comforts without any regard to the impact on the larger “system” of controls. These adjustments inevitably create less than optimal operational conditions which frequently enhance the already prime onsite environmental conditions for mold growth. Deficient maintenance is also a reoccurring issue for all military installations and often contributes to optimal conditions for mold growth.
Current mold remediation technologies require intensive manpower and various levels of personal protective equipment (PPE) to be worn during the removal and prevention processes. The Novel Dry-Fog Mold Remediation and Prevention Process requires no PPE and minimal manpower, as the application system itself performs the work required to destroy existing mold spores and prevent future growth. The project is based on this novel one-of-a-kind patented application technology. It differs from all other known technologies in two ways: 1) the fog is generated via particles small enough that contacted surfaces do not become wet, hence, the “dry-fog” and 2) it is applied in two separate efforts (a) a product formulated and applied to kill/remove the microbial matter and (b) a product formulated and applied to treat/protect the affected surfaces. The goal of this project is to demonstrate and verify the unmatched effectiveness and ease-of-use of this novel technology.
2. OBJECTIVE: The objective of this requirement is to perform independent performance testing of this novel dry-fog mold remediation and prevention process used to eliminate mold and prevent re-growth at military installations and contingency basing locations. More specifically, the technical objectives are to:
a. Evaluate a novel dry-fog having a particle size smaller than a mold spore (via field demonstration).
b. Demonstrate the dry-fog process (via 2nd generation application system) in a building (or buildings)on the Fort Campbell, KY military installation.
c. Determine the physical and chemical safety, efficacy and performance (via sampling and analysis) of the dry-fog process.
d. Verify initial remediation impact(s) and non-reoccurrence of mold/mildew over a test period of six months (via sampling and analysis).
3. MAJOR REQUIREMENTS: In order to accomplish the work, it shall be necessary for the Contractor to complete the following tasks:
a. Site Validation. Prior to initiation of any onsite activities, the Project Delivery Team (PDT), to include Government and contractor personnel, shall attend a site visit to Fort Campbell, KY to assess the installation location and determine the project goals and objectives are attainable given existing site conditions. While onsite, following the determination of site conditions, The PDT shall meet with local personnel. During this meeting, details of the requirements of the project shall be discussed and verified within the tasks scheduled to be performed.
b. Baseline Sampling and Analysis. An initial visual assessment via onsite inspection and photographs shall be conducted. Additionally, sampling and analysis for mold shall be performed to document the existing conditions and abundance of mold. Samples shall be analyzed via two methods 1) air quality, and 2) tape surface pull. Indoor and outdoor air sampling shall be performed in order to determine onsite baseline parameters for comparative analysis. Prior to sampling, a sampling plan shall be developed to ensure proper and adequate sampling as well as the appropriate analytical methods are performed in order to meet all project requirements.
c. Application. Perform the application of their novel two-step dry-fog mold remediation and prevention process on a total square footage of office/living space, with no more than two (2) buildings at one military location (with a total treated area not to exceed 50,000 square feet). Application shall occur over a one (1)-day period and shall be coordinated with Fort Campbell personnel.
d. Verification Sampling and Analysis. Return to the site to obtain verification samples at 1 month, 3 months and 6 months following the initial application. Samples shall be analyzed per Task 3.b above.
e. Reporting. Prepare reports monthly detailing the progress of the project. Both DRAFT and FINAL versions of a Final Report are also required. The FINAL version of the Final Report shall summarize the activities performed and due at the end of the performance period.. The calendar due date shall be determined during the onsite meeting identified in Task 3.a above.
4. GOVERNMENT FURNISHED INFORMATION/MATERIALS: The government will provide the following:
a. Electronic copy of the study entitled; “Prevention of Toxic Molds in Army Facilities Using Surface-Applied Biocides” (L.D. Stephenson, J.L. Lattimore, and K.M. Torrey 2011).
b. Government personnel to support access to Fort Campbell, KY as well as escort while on Fort Campbell, KY property.
c. Government personnel to evaluate and analyze the sampling results and additional findings as they are realized during the demonstration.
5. CONTRACTING OFFICER’S REPRESENTATIVE (COR): A COR will be appointed upon award in accordance with DFARS 252.201-7000. No Government personnel, other than the Contracting Officer, shall have the authority to do other than clarify technical points or supply relevant information to the Contractor regarding this contract. Specifically, no requirement in these specifications may be altered through verbal clarification. Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.
6. NON-PERSONAL SERVICES: The Government and the Contractor hereby understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services, and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under this contract between the Government and the contractor's employees.
7. KEY PERSONNEL: Key Personnel is defined as any individual whose direct experience is required to meet the experience requirements for this contract as defined in Section L.2.c of the solicitation from which this contract resulted. No changes, substitutions, or deviations from the accepted proposal may be made without the approval of the Contracting Officer. The contractor agrees that the explicit capability presented in the accepted proposal shall be provided under this contract at the stated price. If experience is demonstrated by the inclusion of resumes or curriculum vitae of personnel proposed to work on this project, any substitutions in personnel from those proposed shall meet or exceed the qualifications of the individual(s) whose resume/curriculum vitae were utilized for the proposal.
8. MEETINGS/REVIEWS: The contractor shall attend the following:
a. A kick off meeting, via telephone, shall be held no later than ten (10) business days after award.
b. Five (5) site visits to Fort Campbell, KY during project execution as follows:
(1) One for the initial site visit to investigate and identify the building(s) to be used for the demonstration
(2) An additional site visit to perform the fogging.
(3) An additional site visit to obtain samples one (1) month after the fogging.
(4) An additional site visit to obtain samples three (3) months after the fogging.
(5) An additional site visit to obtain samples six (6) months after the fogging.
c. Speak telephonically with the ERDC-CERL COR bi-weekly (every other week), as a minimum requirement, at mutually agreeable times and dates, to discuss progress to date and anticipated problems, and to ensure that the Contractor's work is compatible with ERDC-CERL work on other aspects of the project. These bi-weekly meetings, via telephone, shall be scheduled throughout the contract performance period.
9. TRAVEL: The Government anticipates the following travel to be needed during the performance of this requirement:
a. Five (5) trips for two (2) days each to Fort Campbell KY.
10. REPORTS/DELIVERABLES: The Contractor shall submit the following to the ERDC-CERL
COR:
a. Draft Report: One (1) electronic copy or a draft report, describing the overall project activities including evaluations, analyses and results, shall be due (via email) by 8 September 2017. The ERDC-CERL COR will review and provide comments, if any, within 5 business days.
b. Final Report: One (1) electronic copy of a final report, describing the overall project activities including evaluations, analyses and results, to include COR comments, if any, shall be due (via email) by 20 September 2017.
c. Monthly Progress Reports: One (1) electronic copy of a monthly report for each month during the performance period. The report shall be as of the last day of the month and shall be transmitted via email no later than the 10th calendar day following the end of the reporting period. The first and last report may cover more than a month with prior concurrence of the government. Invoices for partial payment shall be submitted to the CERL Receiving Clerk (Block 14 of the DD Form 1155) to coincide with submission of the monthly progress reports to the COR. No partial payment will be approved unless the government has received all progress reports that are due.
Each monthly report shall document the progress of the work during the reporting period, all upcoming/expected progress during the next reporting period and any actual or anticipated problems or delays. It shall not be sufficient to simply mention in one or two sentences that work is progressing on the project. A hard copy of the most recent monthly report shall also accompany all invoices.
d. DD Form 882: The Contractor shall submit DD Form 882(s) in accordance with Clause No. 252.227-7039, “Patents – Reporting of Subject Inventions”. If the period of performance is not in excess of eighteen (18) months, an interim DD Form 882 is not required.
e. Accounting for Contractor Services: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra/mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017.
Contractors may direct questions to the help desk at http://www.ecmra.mil/.
CMRA DATA
UIC W2R205
FSC B510
Contract Number See number in block 3 of page 1 Contract Fiscal Year 2017 Form of Contract Action Definitive Contract Contract Type Firm Fixed Price PBSA No Non-DoD Purchasing Agency (leave blank) Competed Action Competed under SAT If Competed, number of offerors (enter correct number) Small Business Yes Small Disadvantaged Business Yes or No Women-owned Small Business Yes or NO DoD Administering Component USA- USACE CERL, Champaign Contracting Organization USA-USACE CERL, Champaign
11. PERFORMANCE REQUIREMENTS SUMMARY:
REQUIRED
SERVICE
SECTION
NUMBER
STANDARD
MAXIMUM
ALLOWAB
LE
DEGREE
METHOD
OF
SURVEILL
ANCE
REMEDY FOR
NON-
CONFORMAN
CE
OF
DEVIATIO
N FROM
REQUIRE
MENT
Kick off Meeting
8.a. 1) Held /attended within 10 business days after award
2) Supported by presentation/slides with adequate description
3) Sufficient technical description of problem/approach/methods
4)Milestone chart presented
0% COR
Inspection
Re-performance within 2 business days
Biweekly Progress Telecons
8.c. 1) Held/attended every 2 weeks on the day/time determined at the kick off meeting
2) Progress to date and anticipated problems addressed
0% COR
Inspection
Re-performance within 2 business days
Monthly Progress Reports
10.c. 1) Submitted by the 10th of each calendar month
2) Contains detail of achievements made and problems encountered in current period, and a forecast of achievements anticipated for the next period
5% COR
Inspection
Re-performance within 2 business days
Draft Report 10.a. 1) Submitted by deadline
2) Includes overall project activities (e.g. evaluations, analyses and results).
0% COR
Inspection
Non-payment until received corrected
3) Information is communicated via text, charts, tables and graphics as required to document project activities and the data obtained during execution.
Final Report 10.b. 1) Submitted by deadline
2) Incorporates all inputs and comments received from ERDC-CERL personnel during the review period
0% COR
Inspection
Non-payment until received corrected
DD Form 882 10.d. 1) Submitted by deadline
2) Report is completed fully and accurately
0% COR
Inspection
Non-payment until received corrected
Accounting for Contractor Services
10.e. 1) Submitted by deadline
2) Report is completed fully and accurately
0% COR
Inspection
Non-payment until received corrected
ATOPSEC
Requirements
12 1) 100% compliance throughout the life of the contract
0% COR
Inspection
Termination of contract
12. SECURITY REQUIREMENTS:
a. Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.
b. For contractors who do not require CAC, but require access to a DoD facilisty of installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
c. Pre-Screen candidates using E-Verify: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 20-SEP-2017 1 PR W2R2 CONST ENGR LAB
RECEIVING CLERK
2902 NEWMARK DRIVE
P.O. BOX 9005
CHAMPAIGN IL 61826-9005
217-373-4456
W52EU2
0002 20-SEP-2017 1 (SAME AS PREVIOUS LOCATION)
W52EU2
CLAUSES INCORPORATED BY REFERENCE
52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Invoice (stand-alone)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Not applicable
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC W916TX Issue By DoDAAC W9132T Admin DoDAAC W9132T Inspect By DoDAAC W9132T Ship To Code W52EU2 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) W9132T Service Acceptor (DoDAAC) W9132T Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC Contractor Discretion Other DoDAAC(s) Contractor Discretion
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
CERL.INVOICING@usace.army.mil
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Not Applicable
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section I - Contract Clauses
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.225-7001 Buy American And Balance Of Payments Program-- Basic (Aug 2016)
AUG 2016
252.225-7002 Qualifying Country Sources As Subcontractors AUG 2016 252.225-7036 Alt I Buy American--Free Trade Agreement--Balance of Payments
Program--Alternate I (Aug 2016)
AUG 2016
252.225-7048 Export-Controlled Items JUN 2013 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014
52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL
ITEMS) (NOV 2016).
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are ncorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
(ii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(iii) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
(iv) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(v) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(vi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (APR 1984).
(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).
(iii) 52.232-11, Extras (APR 1984).
(iv) 52.232-25, Prompt Payment (JUL 2013).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).
(vii) 52.233-1, Disputes (MAY 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (Nov 2016).
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).
(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).
(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).
(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).
(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(x) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(xi) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)).
(xii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xiii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program (FEMP) will be--
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).
(xiv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
(xv) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xvi) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).
(xviii) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)
(xix) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)
(xx) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)
(2) Listed below are additional clauses that may apply:
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.
(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).
(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).
(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/VFDFARA.htm http://farsite.hill.af.mil/VFFARA.htm
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records.
The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
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 the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 562910- assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
Section K - Representations, Certifications and Other Statements of Offerors
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.225-7035 Alt I Buy American--Free Trade Agreement--Balance of Payments
Program Certificate--Alternate I (NOV 2014) - Alternate I
NOV 2014
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2016)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562910
(2) The small business size standard is $20.5 Million
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
(X) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xv) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xix) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xx) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxi) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiii) 52.226-2, Historically Black College or University and Minority Institution Representation.
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