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W91QVN19R0164
Section SF 1449 - CONTINUATION SHEET
NOTICE TO OFFERORS
All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United States (U.S.) Status of Forces Agreement (SOFA), precludes the U.S. Government from granting Invited Contractor or Technical Representative status to any offeror, for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea, must submit adequate verification in its initial proposal or quote, that it has the requisite authorization and capacity to compete for the requirement, and to perform the contract. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror qualifies shall be determined by the Contracting Officer.
SPECIAL NOTICE
Offers from Korean contractors, US dependents and US contractors not seeking, requesting or requiring invited contractor (IC) status will be considered for award without any preferences beyond being lowest-priced and technically acceptable. The resultant contract will NOT be eligible for IC status, IAW SOFA Article XV. If no offers are received, this requirement could be re-solicited with the appropriate IC status clauses/provisions inserted, but US dependents and other US citizens already resident in Korea would not be eligible for IC status.
***To prevent delay in award of this contract, prospective contractors should immediately begin the SAM registration process by going to http://www.sam.gov.***
***US Citizens submitting an offer shall therein prominently indicate their and their sponsor’s current expected departure/PCS/DEROS date(s) or they may not be considered for award***
IAW AR 165-1, para 5.3(a) and 13.4(b), this contract will only be utilized when no military personnel (or other uniformed personnel), DoD civilians, or volunteers are available to perform these services. Use of the Contractor will be on an intermittent/temporary basis. The Contractor shall invoice only for services actually performed and the using chapel/church will actively recruit volunteers in printed literature and verbally before, during, or after religious services. The presiding chaplain will advise the Contractor at the end of each performance of the day if the Contractor’s services will be required for the next occasion. The Contractor shall obtain such advice prior to performing subsequent services, either from the chaplain. This contract may be terminated at any time for the convenience of the government.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 52 |
| Job |
Pianist (Weekly Service), Catholic
FFP
Provide Weekly Piano Service in accordance with Para 5.1.1. of PWS.
FOB: Destination
PSC CD: G002
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 52 |
| Job |
Pianist (Choir Rehearsal), Catholic
Provide Weekly Piano Rehearsal Service in accordance with Para 5.1.2. of PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 5 |
| Job |
Pianist (Special Service), Catholic
Provide Piano for Special Service in accordance with Para 5.1.3. of PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 5 |
| Job |
Pianist (Special Service Rehearsal)
Provide Piano Rehearsal for Special Service in accordance with Para 5.1.4. of PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
Accounting for Contract Service (CMR)
CMR requirement must be reported by 31 October of each calendar year during the life of the contract in accordance with Para. 5.3. of the PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Estimated Cost for War Hazard losses is
Zero (0).
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 52 |
| Job |
| OPTION |
| Pianist (Weekly Service), Catholic |
FFP
Provide Weekly Piano Service in accordance with Para 5.1.1. of PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 52 |
| Job |
| OPTION |
| Pianist (Choir Rehearsal), Catholic |
FFP
Provide Weekly Piano Rehearsal Service in accordance with Para 5.1.2. of PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 5 |
| Job |
| OPTION |
| Pianist (Special Service), Catholic |
FFP
Provide Piano for Special Service in accordance with Para 5.1.3. of PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 5 |
| Job |
| OPTION |
| Pianist (Special Service Rehearsal) |
FFP
Provide Piano Rehearsal for Special Service in accordance with Para 5.1.4. of PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
| OPTION |
| Accounting for Contract Service (CMR) |
FFP
CMR requirement must be reported by 31 October of each calendar year during the life of the contract in accordance with Para. 5.3. of the PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| Estimated Cost for War Hazard losses is |
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 52 |
| Job |
| OPTION |
| Pianist (Weekly Service), Catholic |
FFP
Provide Weekly Piano Service in accordance with Para 5.1.1. of PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 52 |
| Job |
| OPTION |
| Pianist (Choir Rehearsal), Catholic |
FFP
Provide Weekly Piano Rehearsal Service in accordance with Para 5.1.2. of PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 5 |
| Job |
| OPTION |
| Pianist (Special Service), Catholic |
FFP
Provide Piano for Special Service in accordance with Para 5.1.3. of PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 5 |
| Job |
| OPTION |
| Pianist (Special Service Rehearsal) |
FFP
Provide Piano Rehearsal for Special Service in accordance with Para 5.1.4. of PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
| OPTION |
| Accounting for Contract Service (CMR) |
FFP
CMR requirement must be reported by 31 October of each calendar year during the life of the contract in accordance with Para. 5.3. of the PWS.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| Estimated Cost for War Hazard losses is |
NET AMT
PERFORMANCE WORK STATEMENT (PWS)
FOR
PIANIST FOR CATHOLIC SERVICE ON SUNDAY
AT FREEDOM CHAPEL, USAG-HUMPHREYS
1. GENERAL: This is a non-personal services contract to provide Pianist Service for Catholic Service at 0900 hours on Sunday at Freedom Chapel in Camp Humphreys. The Government will not exercise any supervision or control over the contract service providers performing the services herein.
1.1. DESCRIPTION OF SERVICE/INTRODUCTION: The Contractor shall provide all personnel, supplies, transportation, supervision, and other items except as hereinafter designated as Government-Furnished property, necessary to perform pianist services on Sunday at Freedom Chapel in Camp Humphreys in accordance with this Performance Work Statement (PWS).
1.2. PERIOD OF PEROFMRNACE (POP): POP shall be for one (1) base year of 12-month and two (2) 12-month option years. The POP reads as follows:
| Base Year | : | 29 September 2019 thru 28 September 2020 |
| 1st Option Year | : | 29 September 2020 thru 28 September 2021 |
| 2nd Option Year | : | 29 September 2021 thru 28 September 2022 |
1.2.3. The above performance periods are subject to change depending on actual date of award.
1.3 GENERAL INFORMATION
1.3.1. Hours of Operation: The service shall be provided on Sunday Weekly Service and Rehearsals as scheduled by the choir leader. In order to provide the services required, the Contractor shall be available to the congregation as deemed necessary to accommodate the program.
1.3.2. Recognized Holidays: All National Holidays are observed.
1.3.3. Place of Performance: The work to be performed under this contract at Freedom Chapel, USAG-Humphreys.
1.3.4. Physical Security: If the Contractor is authorized a key(s) for facility access, contractor shall safeguard all key(s) issued to them by the government and return them once contract is completed or terminated with-in 24hrs. If a key is lost, the contractor is responsible for notifying the Chaplain’s Office Key Control NCOIC within 24 hours of noticed loss. The contractor shall ensure that the equipment and facilities being used have been secured prior to departure. Contractor shall not remove any property from the Chapel for any reason without prior approval from the Garrison Command Chaplain NCOIC, who is the Directorate’s Primary Property Hand Receipt Holder.
1.3.5. Government Observations: The Government may have senior military officers and/or civilian dignitaries attend the worship service. Contractor shall continue to perform services as contracted.
1.3.6. Quality Control Program (QCP): Reserved.
1.3.7. Quality Assurance: Reserved.
13.8. Type of Contract: The Government will award a Firm-Fixed Price (FFP) Contract.
1.3.9. Special Qualifications:
1.3.9.1. The pianist shall be completed a minimum of two (2) years studies/formal training of Music Related Major.
1.3.9.2. The Pianist shall have at least two (2) years of experience as a church or chapel musician in pianist service.
1.3.9.3. The Pianist shall be able to sight read musical notes of hymns/music in the Armed Forces Hymnal and Hymnal utilized by assigned chapel and lead four (4) part harmony.
1.3.9.4. The Pianist shall be able to communicate in English. English will be the primary language that the Contractor shall present all contracted services.
1.3.9.5. The Contractor shall present a neat, well-groomed appearance at all times during the performance of this contract.
1.3.10. Contracting Officer’s Representative (COR): Reserved.
1.3.11. Key Personnel: Reserved.
1.3.12. Contractor Personnel Conduct: Reserved.
1.3.13. Antiterrorism (AT) and Operations Security (OPSEC):
1. 3.13.1. AT Level I Training: This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 15 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the KO, if a COR is not assigned within 30 calendar days after completion of training by all employees and subcontractor personnel. The training website for non CAC holders is http://jko.jten.mil/courses/atl1/launch.html.
1. 3.13.2. Access and General Protection/Security Policy and Procedures: The 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 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 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 Conditions (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
1. 3.13.3. iWATCH Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local 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 COR. This training shall be completed within 15 calendar days after contract award and with 15 days of new employees commencing performance with the results reported to the COR NLT 30 days after contract award.
2. DEFINITIONS AND ACRONYMS:
2.1. DEFINITIONS:
2.1.1. Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.2. Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.3. Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.4. Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.5. Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
2.1.6. Equipment: A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.
2.1.7. Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.
2.1.8. Service/Rehearsal. A period of worship service or choir/musician rehearsal. A period is NOT one service/rehearsal = 60 min in length. One service/rehearsal is from start time to completion in one setting.
2.1.9. Unit of Service. One worship service or rehearsal. A Unit is NOT one service/rehearsal = 60 min in length. A Unit is one service/rehearsal is from start time to completion in one setting.
2.1.10. Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.
2.1.11. Non-Personal Services. The personnel rendering the services are not subject; either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.
2.1.12. Property. All tangible property, both real and personal.
2.1.13. Property Administrator. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a contractor.
2.1.14. Property Records. Records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.
2.1.15. Provide. To furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.
2.1.16. Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.17. Quality Assurance Surveillance Plan. An organized document written by the government specifying the surveillance methodology used for surveillance of contractor performance.
2.1.18. Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.19. Substitution. Any use of a substitute must be indicated to the Contracting Officer's Representative (COR) not less than (NLT) seven days prior to commencement of the substitution. In the event of an emergency, i.e. Illness or family crisis, the COR may waive this seven-day notification requirement. The contractor - not the Government - shall be responsible for any payment of the substitute.
2.1.20. Unit Acquisition Cost means— (1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and (2) For contractor-acquired property, the cost derived from the contractor’s records that reflect consistently applied generally accepted accounting principles.
2.1.21. Wide Area Work Flow (WAWF): A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment.
2.1.22. Government Furnished Items and Services: The Government will make available to the Contractor the use of Chapel facilities, the community standard operating procedures, telephone access for official calls, materials, and equipment (i.e., song books, sheet music, piano and organ, and sound system) that they need for the performance of the services under this contract.
2.1.23 Conservation of Utilities and Supplies: The Contractor shall ensure that only the items and the quantities of those items that are absolutely necessary for the conduct of the service are used.
2.2. ACRONYMS:
| ACOR | Alternate Contracting Officer's Representative | ||
| AFARS | Army Federal Acquisition Regulation Supplement | ||
| AR | Army Regulation | ||
| CAP | Contractor Acquired Property | ||
| CFR | Code of Federal Regulations | ||
| CONUS | Continental United States (excludes Alaska and Hawaii) | ||
| COR | Contracting Officer Representative | ||
| COTS | Commercial-Off-the-Shelf | ||
| DA | Department of the Army | ||
| DFARS | Defense Federal Acquisition Regulation Supplement | ||
| DMDC | Defense Manpower Data Center | ||
| DOD | Department of Defense | ||
| FAR | Federal Acquisition Regulation | ||
| GFP | Government-Furnished Property | ||
| HIPAA | Health Insurance Portability and Accountability Act of 1996 | ||
| KO | Contracting Officer | ||
| OCI | Organizational Conflict of Interest | ||
| OCONUS | Outside Continental United States (includes Alaska and Hawaii) | ||
| ODC | Other Direct Costs |
PA Property Administrator
| PIPO | Phase In/Phase Out |
| POC | Point of Contact |
| PRS | Performance Requirements Summary |
| PWS | Performance Work Statement |
| QA | Quality Assurance |
| QAP | Quality Assurance Program |
| QASP | Quality Assurance Surveillance Plan |
| QC | Quality Control |
| QCP | Quality Control Program |
| TE | Technical Exhibit |
| WAWF | Wide Area Work Flow |
3. GOVERNMENT FURNISHED ITEMS AND SERVICES: None
Note: The Government will make available to the contractor the use of Chapel facilities, the community standard operating procedures, telephone access for official calls, materials and equipment (i.e. song books, sheet music, piano and organ, and sound system) that they need for the performance of the services under this contract.
4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: The Contractor shall provide all personnel, supplies, transportation, supervision, and other items except as hereinafter designated as Government-Furnished property, necessary to provide pianist services.
5. SPECIFIC TASKS:
5.1. SPECIFIC TASKS: The Contractor shall perform the following services:
5.1.1. CLIN X001: Provide Piano Music for the Weekly Services: The Contractor shall provide musical accompaniment on the piano during the weekly worship services to include preludes, postludes, offertories, congregational hymns, and other music as selected during the worship hour; music performed by the choir, and soloists as coordinated by the choir director to include “warm-ups” of fifteen (15) minutes or less prior to the service. The weekly service shall be the 52 regular services (1 Unit equal approximately 1 hour). Times of weekly service may be between 0900 to 1000 hours on every Sundays.
5.1.2. CLIN X002: Provide Piano Music for Choir Rehearsal: Total number of rehearsals shall not exceed 52 services (1 Unit equal approximately 1 hour). Times of rehearsals may be between 0800 to 0900 hours on every Sundays for the services. The rehearsal will be coordinated with Senior Pastor and Choir Director.
5.1.3. CLIN X003: Provide Piano/Organ Music for Special Service: Contractor shall provide musical accompaniment on the piano/organ during special services to include preludes, postludes, offertories, congregational hymns, and other music as selected during the worship hour; music performed by the choir, and soloists as coordinated by the choir director to include "warm-ups" of at least fifteen minutes prior to the service. Special services include all Evening services, all Holy Days of Obligation, Advent and Christmas, Lent and Easter as well as memorial services. Times of operation may be anytime between 0600 to 2100 hours for special services and any day during the weeks. The number of special services shall not exceed 5 services (1 Unit equal approximately 1 hour).
5.1.4. CLIN X004: Provide Piano/Organ Music for Special Service Rehearsal: Contractor shall provide musical accompaniment on the piano/organ during special services rehearsal to include preludes, postludes, offertories, congregational hymns, and other music as selected during the worship hour; music performed by the choir, and soloists as coordinated by the choir director to include "warm-ups" of at least fifteen minutes prior to the service. The number of special services Rehearsal shall not exceed 5 services. (1 Unit equal approximately 1 hour).
5.2. PERFORMANCE REQUIREMENTS SUMMARY (PRS): The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
| Required Services (Tasks) |
| Performance Standard |
| Acceptable Quality Level (AQL) |
| Method of Surveillance |
| Remedy (Positive and/or Negative) |
| Perform Accompaniment paragraph 5.1.1 of PWS |
| The Contractor shall provide weekly worship service music accompaniment for every Sunday at 0900 hours |
| No more than one missed service per year |
| Validate customer feedback/complaint |
100% Inspection Reduction of payment to not include any missed services
| Perform Accompaniment paragraph 5.1.2 |
| The Contractor shall provide rehearsal services |
| No more than 2 valid complaints/defects per month |
| Validate customer feedback/complaint |
100% Inspection Reduction of payment to not include any missed services
| Perform Accompaniment paragraph 5.1.3 |
| The Contractor shall provide Special services |
| No more than 2 valid complaints/defects per each service |
| Validate customer feedback/complaint |
100% Inspection Reduction of payment to not include any missed services
| Perform Accompaniment paragraph 5.1.4 |
| The Contractor shall provide Special services rehearsal |
| No more than 2 valid complaints/defects per each service |
| Validate customer feedback/complaint |
100% Inspection Reduction of payment to not include any missed services
5.3. CONTRACTOR MANPOWER REPORTING (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Pianist Service via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.
Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs 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. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website".
CLAUSES INCORPORATED BY REFERENCE
| 52.204-7 |
| System for Award Management |
| OCT 2018 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| OCT 2018 |
| 52.228-4 |
| Workers' Compensation and War-Hazard Insurance Overseas |
| APR 1984 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 252.213-7000 |
| Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations |
| MAR 2018 |
| 252.225-7041 |
| Correspondence in English |
| JUN 1997 |
| 252.228-7000 |
| Reimbursement for War-Hazard Losses |
| DEC 1991 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
| 252.232-7008 |
| Assignment of Claims (Overseas) |
| JUN 1997 |
| 252.233-7001 |
| Choice of Law (Overseas) |
| JUN 1997 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO THE OFFROR(S)
1. CONTRACT AWARD:
1.1. The Government intends to execute a Firm Fixed Price (FFP) type contract for Pianist for Catholic Service on Sunday at Freedom Chapel, USAG-Humphreys . Award will be made to the responsible offeror submitting the Lowest Priced, Technically Acceptable (LPTA) offer in accordance with the Federal Acquisition Regulation (FAR) Parts 12 and 13.5 that satisfies all terms and conditions of the solicitation, and who is determined to be responsible in accordance with FAR 9.104-1.
1.2. In accordance with FAR 52.212-1 “Instructions to Offerors-Commercial Items (JAN 17), the Government reserves the right, based on the Government’s best interests, to make a determination to: 1) award without discussions; 2) make a single award for this requirement; 3) establish a competitive range in order to conduct discussions; and/or 4) make no award if, upon evaluation, none of the proposals are deemed likely to meet the requirements.
2. QUOTATION SUBMISSION: Offerors’ quotation shall adhere to the following instructions:
2.1. These instructions are designed to ensure submission of essential information in order for the Government to understanding and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with Offerors.
2.2. The successful offeror's technical proposal related to the Pianist’s qualification, in accordance with paragraph 1.3.9. of the PWS, shall be incorporated into the resultant contract as part of the PWS. The successful offeror shall be obligated to perform in accordance with the incorporated technical quotation. Nothing contained in the incorporated quotation shall be interpreted as permitting the successful offeror to perform less than required by the unincorporated portions of the PWS or other terms of the contract, or otherwise constituting a waiver of other requirements of the contract.
2.4. Offerors are required to submit complete quotations (Technical quotation, Past Performance quotation, and Price quotation) through the Federal Business Opportunities (FBO), website at https://www.fbo.gov by 13:00 hours on closing date of Block #8 of the SF 1449, (Local Korea Time) as indicated in Block #8 of the solicitation. The proposal submittal other than FBO will not be considered for award. All questions should be emailed to Ms. Yi, Hye Kyong at hyekyong.yi6.ln@mail.mil and/or Ms. Chong, Hyon Suk at hyonsuk.chong1.ln@mail.mil within 7 calendar days after the solicitation is issued. Questions received after this date and time may not be answered.
FACTOR I – TECHNICAL CAPABILITY:
Sub-Factor 1- Pianist’s Certification: The Offeror shall submit a copy of Pianist’s certification a minimum of two (2) years studies/formal training of Music Related Major.
Sub-Factor 2- Pianist’s Prior Experience: The Offeror shall provide Pianist’s resume with at least two (2) years of experience as a church or chapel musician in pianist service within the last five (5) years from the issuance date of this solicitation. The resume for Pianist must clearly identify information as required below:
- Name of Pianist
- Description of qualifying work experience
- Length of Experience (year/month/date – year/month/date)
- Name of Church/Company/ Employer, Phone number and full name of employer and validating Point of Contact (POC)
FACTOR II - PAST PERFORMANCE: Past performance shall be evaluated on an acceptable/unacceptable basis.
Offerors are authorized to provide information on the problems encountered on the identified contracts and the Offeror’s corrective actions. The Government may ascertain past performance information on the Offeror from sources other than the references provided. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.
The offeror shall provide recent and relevant past performance in Pianist Service. Recent past performance is within the last five (5) years as of the opening date of the solicitation. Relevant past performance are those that are the “same or similar” services based on size, scope, complexity, and contract type.
(a) Contract references. For each Past Performance submission as required in the below format:
-A description of work completed -Name of the Client Organization/Church or Requiring Activity -Length of contract/project (year/month/date – year/month/date) -Complete name, e-mail and phone number of point of contact (POC) at Client Organization/Church
(b) The Government may send a Past Performance Questionnaire to the POC listed by the Offeror for each relevant contract, who will subsequently be requested to submit information to the Government no later than 14 days after Government issuance of the questionnaire.
Note: Offerors are reminded that while the Government may elect to consider data obtained from other sources, the Government does not assume the duty to search for data to cure problems it finds in the proposals. The burden of providing thorough and complete past performance information rests with the Offeror.
FACTOR III - PRICE PROPOSAL: The Offeror shall complete the pricing information for Contract Line Item Number (CLIN) identified for three (3) years.
2.5 Complete Standard Form 1449 and Standard Form 30 (if any amendment is issued).
--------- End of ADDENDUM to FAR 52.212-1 INSTRUCTION TO OFFERORS – COMMERCIAL ITEMS -----
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
ADDENDUM TO FAR 52.212-2 EVALUATION- COMMERCIAL ITEMS (OCT 2014):
Award will be made to the responsible Offeror submitting the Lowest Priced Technically Acceptable (LPTA) offer that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the non-price factors/subfactors. All non-price factors and subfactors will be rated as either “acceptable” or “unacceptable”. In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated “unacceptable”.
FACTOR I TECHNICAL: Each factor and subfactor will be rated either acceptable or unacceptable. A rating of unacceptable for any factor or subfactor will result in an overall unacceptable rating. If an offeror fails to meet the minimum requirements outlined in one of the subfactors below, the subfactor, and overall proposal will be rated “unacceptable” and will not be eligible for award.
Technical Ratings
| Rating |
| Description |
| Acceptable |
| Proposal meets the requirements of the solicitation. |
| Unacceptable |
| Proposal does not meet the requirements of the solicitation. |
FACTOR I - TECHNICAL:
Sub-Factor 1- Pianist’s Certification: The Offeror shall be evaluated on provided a copy of Pianist’s certification a minimum of two (2) years studies/formal training of Music Related Major.
Sub-Factor 2- Pianist’s Prior Experience: The Offeror shall be evaluated on provided Pianist’s resume with at least two (2) years of experience as a church or chapel musician in pianist service within the last five (5) years from the issuance date of this solicitation. The resume for Pianist must clearly identify information as required below:
- Name of Pianist
- Description of qualifying work experience
- Length of Experience (year/month/date – year/month/date)
- Name of Church/Company/ Employer, Phone number and full name of employer and validating Point of Contact (POC)
FACTOR II – PAST PERFORMANCE
Past performance will be rated on an "acceptable" or "unacceptable" basis. Offerors are authorized to provide information on the problems encountered on the identified contracts and the Offeror’s corrective actions. The Government may ascertain past performance information on the Offeror from sources other than the references provided. The offeror shall have recent and relevant past performance as Pianist Service. Recent past performance is within the last five (5) years as of the issuance date of the solicitation. Relevant past performance are those that are the same or similar services based on size, scope, complexity, and contract type. The past performance will be evaluated for all offeror’s proposals by the Contract Specialist/Contracting Officer in the following manner:
(1) Review of the detailed explanation submitted by offerors demonstrating the relevance of the references to the requirements of the solicitation.
(2) References will be contacted by phone or email to verify contents in detail explanation and to determine record of compliance with contract requirements, accuracy of reports, technical and quality awards/certificates.
(3) The Government reserves the right to obtain past performance information from any reasonable source available, including Government database in order to evaluate past performance.
NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (See FAR 15.305(a)(2)(iv).
Therefore, the offeror shall be determined to have unknown (or "neutral") past performance.
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