CSU-East Lodging Services for CIVMARs at NOB, Norfolk, VA 23511

Award Notice Posted

Solicitation number
N32205-18-Q-0155
Agency
Awarded
to Downtown Hotel, LLC
Set-aside
Total Small Business

Opportunity facts

Contract number
N3220518P1092 Federal contract award
NAICS code
721110 Hotels (except Casino Hotels) and Motels
PSC
Not on record
Place of performance
Civmar Support Unit-East (CSU-East), Bldg. Sp-312, 518 A Street, Naval Station, Norfolk, Virginia 23511, United States

Notice details come from SAM.gov. Updated .

Notice text

 

 


PERFORMANCE WORK STATEMENT


 


 


PERFORMANCE WORK STATEMENT


CSU-EAST NORFOLK VA


CIVMAR LODGING CONTRACT


 


 


DESCRIPTION OF SERVICES


I. SCOPE OF WORK


 


The Contractor shall provide lodging as specified herein, to the authorized Civil Service Mariners (CIVMARs) assigned to the Military Sealift Command (MSC) in Norfolk, VA. The Contractor shall furnish necessary facilities, including furniture, equipment and supplies, management, and supervision of the hotel labor force. Such facilities shall be located within a twenty-five (25) mile driving radius of CIVMAR Support Unit-East (CSU-E), Bldg. SP-312, 518 A Street, Naval Station, Norfolk VA 23511-2419, usingwww.mapquest.com, AND excludes any hotel separated from the base by a tunnel. The commute time from each hotel (primary and each overflow) must not exceed one hour each way during normal peak traffic hours. The scope of this contract does not include lodging for ship repairs in excess of 30 days. In these cases, the government reserves the right to place these CIVMARs in long term accommodations. This exclusion also applies to all option periods of this requirement if exercised.


 


A. LODGING/FACILITIES


The primary lodging facility must be rated by the American Automobile Association (AAA) and must meet or exceed the three Diamond hotel rating from AAA. In addition to the primary facility, the contractor must have a minimum of two (2) overflow hotels that are rated by AAA and meet or exceed the AAA three Diamond hotel rating. The overflow hotels may be at different locations, however, each facility shall be located within the mileage/commute requirements stated above and shall provide the same or lower room-night rate as the primary lodging facility.  The contractor shall provide a microwave and refrigerator in each authorized CIVMARs room and maintain at least three (3) functional washers and three (3) functional dryers at each site. The contractor shall provide free local telephone calls and a free, functional internet connection in each room and hotel guests will have access to an on-site Business Center. The contractor shall not lodge CIVMARs under the contract at a hotel facility that is under renovation and/or undergoing a major construction project.   The lodging facility must be within 1/8 mile distance of a public transportation designated stop OR the lodging facility must provide transportation to/from the nearest public transportation designated stop with set schedule OR the lodging facility must provide round trip shuttle service comparable to that of public transportation within a five mile driving radius with set schedule. Each authorized CIVMAR occupant shall be given a key to his/her room at no charge and with no deposit fee. The primary facility shall provide lodging to the majority (greater than 50%) of the authorized CIVMARs at all times. The overflow facilities will only be used when the primary lodging facility exceeds its capacity. Overflow hotel properties may change throughout the life of the contract as long as the properties meet all the requirements of the contract and are validated and approved in writing by the Contracting Officer Representative (COR) and Contracting Officer prior to any changes.


 


The Contractor shall provide hotel rooms when called for by the COR and/or Contracting Officer or his/her designated representatives. The Contractor shall ensure a sufficient number of single rooms are available at all times to meet the Government's needs. Based on previous history, the room nights will vary with an estimated average of 120 rooms per night, to as many as 250


rooms per night. The quantities of single rooms actually occupied for lodging on any one day may vary depending upon the fluctuating number of CIVMARs awaiting assignment or attending training.  The length of a CIVMARs stay varies. Each authorized CIVMAR shall be entitled to a single room. The authorized CIVMARs will remain in the same facility from the day they check in until they check out with the exception of those moves at the request of the MSC Point of Contact (POC) based on availability of the contractor. The authorized CIVMARs may not be moved from one facility to another unless contractor submits a request three (3) working days in advance with adequate justification, to the MSC CSU-E Site Manager for approval.


 


During New Hire orientation week, the contractor will room the New Hires at the same facility and not split the New Hires up between the primary and the overflow facilities. The New Hire rooms will be reserved in advance by MSC.


 


 


The Contractor shall provide a single room night rate per day, including all applicable taxes in the composite rate. However, generally, the U.S. Government is tax exempt. The total price for one unit of lodging shall not exceed the maximum per diem locality rate specified in the Joint Travel Regulations as amended.


 


 


The Government estimates 7,500 single room nights to be utilized during the 30 day contract period base period. This is only an estimate. The Government is only liable for and will only pay for the actual number of rooms used by the authorized CIVMARs.


 


HOTEL RESERVATIONS


Reservations may be made in advance of arrival of the hotel guests by the MSC designated POC. If reservations are made in advance, every effort shall be made by the Contractor to provide a room within one hour of arrival.  To the extent possible, the Government will make every effort to provide advance reservations.  Occasionally there will be late arrivals and every effort shall be made by the Contractor to accommodate those authorized CIVMARs arriving late. 


 


When the MSC designated POC submits a request for a hotel reservation, the request will indicate if the CIVMAR will be arriving after 6 p.m., and if so, will also provide the CIVMARs flight/arrival information.  The hotel reservation will be marked "late arrival", if the arrival is for 6 p.m. or later.


 


The hotel will hold reservations made until 6 p.m. on the date of arrival, which is industry standard.  If the CIVMAR does not arrive by 6 p.m., and the hotel reservation has not been marked as "late arrival", the hotel reservation will be cancelled by the hotel.  If a CIVMAR reports to the hotel after a reservation has been cancelled, or as a walk-in who did not have a reservation, the contractor must still provide the CIVMAR a hotel room at either the primary or one of the overflow hotels. 


 


CIVMARs reporting to the hotel without a reservation will report to the primary hotel.  If the primary hotel cannot accommodate the CIVMAR, and after proper credentials are shown to indicate they are an MSC CIVMAR, the contractor will advise the CIVMAR which hotel can accommodate their stay, by contacting the hotel and making the reservation, which will all be relayed to the CSU-E Site Manager the following morning.  CIVMARs reporting without a reservation are responsible for their own transportation from the primary hotel to an overflow hotel.


 


DINING


The Contractor shall provide dining facilities for breakfast, lunch and dinner or there must be dining facilities within one half of a mile from the primary and each of the overflow hotels, including quick service restaurants and/or full service restaurants. In the event the on-site dining facilities are closed for breakfast, lunch, and/or dinner, there must be dining facilities within one half of a mile from the hotels (primary and overflow) which are open for service.  Food Services located within the hotel facility (eating and drinking establishments and vending machines operated in conjunction with a hotel) shall be operated in compliance with Federal, State and Local Regulations.


 


FIRE AND SAFETY


Contractor shall provide verification that establishment is listed on the current Hotel-Motel National Master List as required by PL101-391.


 


Contractor shall have a policy in place at the primary hotel and overflow hotels which address how to handle medical emergencies, defined as any situation which jeopardizes an individual's well-being and/or threats to his/her life (Cardiac/Respiratory Arrest, Unconscious Individual or any Conscious Person in Acute Distress).  Emergency telephone numbers shall be posted in each hotel room. Hotel must have a first aid kit available at the front desk.  Contractor shall be responsible for notifying the CSU-E Site Manager within 5 minutes if an authorized CIVMAR is transported to a hospital.  Contractor will provide to the CSU-E Site Manager the CIVMAR's name, room number, position, date, time, and the name of the emergency transport vehicle that transported the CIVMAR to the hospital. Contractor shall provide hired 3rd party security guard services who provide, at a minimum, security services weekday nights, Monday - Friday, and 24 hours a day on week-ends and holidays, at the primary and overflow hotels.  Contractor shall provide security cameras at entry/exit points and lobby area at the primary hotel and overflow hotels.


 


PREVENTION OF ILLEGAL ACTS


Contractor shall not permit gambling, drug use or sales, or illicit acts within his or her establishment. In the event an illegal act occurs, the Contractor shall provide a copy of the police report regarding the incident to the COR and Contracting Officer.


 


 


LIABILITY


The Government shall not assume expenses incurred other than those prescribed in the contract. The government will not be responsible for hotel expenses for any rooms issued without the required proper identification at registration as required by MSC (See "DOCUMENTATION"). The CIVMAR will assume responsibility for any additional expenses incurred for personal use and entertainment, (i.e., telephone use, pay per view cable television movies and/or sports broadcasts, alcoholic beverage, or other extra hotel amenity charges). The CIVMAR shall be directly responsible for such expenses and shall make payments directly to the hotel or motel. Damage to the hotel facility by the CIVMAR is the sole responsibility of the individual CIVMAR. The Contractor's desk clerk and/or the manager on duty shall explain this requirement for personal liability to the CIVMARs upon check-in.


 


SAFEGUARDING VALUABLES


The Contractor shall provide a means of storing and safeguarding (safe or vault) small, high value personal property of the occupants. Each authorized CIVMAR occupant shall be notified at check-in that the hotel or motel will provide this service free of cost to the occupant. If the occupant elects to use this service, the hotel or motel is responsible for safeguarding small high value personal property. Safe deposit boxes will be provided in each hotel room occupied by a CIVMAR.


 


HEALTH AND SANITATION


The Primary lodging facility and overflow facilities shall be subject to inspection and approval by the COR any time after contract award and the Source Selection Evaluation Board (SSEB) prior to award. The lodging facilities shall have ready for examination all inspection approvals, certificates, licenses, and permits required by federal, state and local laws, rules and regulations, dealing with the operation of an establishment providing lodging and serving food/beverages to the public. All inspections, approvals, certificates, licenses and permits must be valid at the time of examination and remain so for the duration of contract agreement.


 


 


Unannounced random habitability sanitation inspections may be conducted by the MSC POC, Alternate Contracting Officer's Representative (ACOR), COR or Contracting Officer throughout the life of the contract to ensure compliance as specified in this contract. Additional inspections without notice will be conducted in response to complaints filed with the MSC medical department or MSC Contracting Office and COR, which directly affect the health and safety of the CIVMARs.


 


If the Primary hotel and/or overflow hotels are required by Department of Health (DOH) to cease operations, under the provisions of the law, the contractor shall report these findings to the Contracting Officer or COR immediately.


 


Primary hotel and overflow hotels are required to have emergency battery lighting on stairwells, lobby areas, common areas, and hallways.  Should a substantial and imminent health hazard be declared by the Agency and/or DOH at the primary or overflow facilities, including but not limited to substantial power outage, water damage, fire damage, sewage backing up into food preparation and service areas, lack of refrigeration or lack of water, the contractor shall immediately notify the MSC POC, and advise hotel's plan to transfer all authorized CIVMARs to one of the other approved facilities under contract until operations are resumed and authorized by DOH. A follow-up sanitation inspection may be conducted by MSC to confirm that health hazards have been eliminated and the contractor shall provide the government with a copy of the authorization to resume operations from state and local agencies as required.


 


All of the authorized CIVMARs shall be entitled the same housekeeping standards as any other hotel guest. Limited housekeeping due to extended length of stay is not an option. All authorized CIVMARs who decline housekeeping in excess of two (2) consecutive days shall be reported to the MSC POC.


 


PARKING


Space shall be provided for an estimated 2-3 Government vehicles or officially hired rental cars at no cost to the Government. Free parking shall be provided for all authorized CIVMARs staying at the hotel.


 


MAIL DISTRIBUTION


Mail shall be available for distribution daily at the front desk to authorized CIVMARs.


 


 


C DOCUMENTATION


 


IDENTIFICATION OF CIVMARS


The first day a CIVMAR checks in the hotel, the Contractor shall verify the identity of the person by his/her photo identification (ID) card to ensure MSC employment. Two valid and current forms of identification are required: (1) Merchant Mariner Document/Credential (MMD/MMC); and (2) Government Common Access Card (CAC). Reservations will be made in advance by an authorized MSC POC for newly hired CIVMARs reporting for initial training for those that do not have a CAC Card.


 


DAILY SIGN IN ROOMING ROSTER


The Contractor shall maintain a daily Sign-In Record containing the name, permanent position, and signature for each CIVMAR assigned under the contract. The MSC POC will coordinate the proper format and requirements for submission upon award of contract. The CIVMARs must sign by their name daily for each day they occupy a room during that week The Contractor shall fax a copy of the daily sign in sheets to the designated MSC POC. Methods of collection and maintenance of sensitive information for the daily sign-in record must be in accordance with the Privacy Act of 1974.


 


D.  RENOVATION AND MAJOR CONSTRUCTION OF HOTEL FACILITY


The contractor shall not lodge CIVMARs under the contract at a hotel facility that is under renovation and/or undergoing a major construction project.  The contractor shall provide adequate lodging at the designated and approved overflow hotel facilities during such period.  The determination as to whether improvements to the hotel facility constitute a renovation and/or major construction project shall be left to the discretion of the COR and/or the Contracting Officer.


 


 


 


 


TECHNICAL REQUIREMENT:


 


subfactor I:  General Requirements of Primary and Overflow Hotels


 


•1.       Provide a current copy of your AAA 3 Diamond hotel rating certification for the primary and overflow facilities.


•2.       Provide name and address of the primary facility and at least two overflow facilities.  The hotels can be at different locations; however, each facility must be located within a twenty-five (25) mile radius of the CIVMAR Support Unit-East (CSU-E), Bldg SP-312, 518 A Street, Naval Station, Norfolk VA 23511-2419. 


•3.       Provide twenty-five (25) mile radius justification of each hotel facility using www.mapquest.com website.


•4.       Provide commute time to and from each hotel facility not to exceed one hour each way during normal peak traffic hours.


•5.       Provide statement that each hotel facility will not be separated from the base by a tunnel.


•6.       Provide the distance in miles from each hotel facility to the nearest public transportation designated stop.  If designated stop is not within 1/8 miles, advise how the facility will transport the CIVMARS to the nearest public transportation designated stop and provide schedule, or advise if lodging facility will provide round trip shuttle service within a five (5) mile driving radius with schedule provided.


•7.       Provide number of rooms at each facility, size of rooms, and how many rooms are designated smoking and non-smoking rooms.


•8.       Provide a statement that each CIVMARs guest room will be equipped with a microwave and refrigerator, at no additional charge.


•9.       Provide a statement that at least three (3) functional washers and at least three (3) functional dryers will be provided on-site at each facility.


•10.    Provide a statement that each facility will provide free local telephone calls.


•11.    Provide a statement that each facility will provide a free, functional internet connection in each room.


•12.    Provide a statement that each facility will not be under construction or major renovation during the base performance period and all option periods.


•13.    Provide a statement that each CIVMAR will remain in the same hotel facility from the day they check in until they check out, with the exception of those moves at the request of the MSC POC based on availability of contractor.


•14.    Provide statement that dining facilities are available on premises for breakfast, lunch, and dinner and the restaurant dining hours, or that dining facilities are within one half mile of each hotel facility, and the names, address, and distance from hotel and the dining hours of these eating establishments.


•15.    Provide a statement that if the onsite dining facilities should be closed, that the MSC POC will be notified.


•16.    Provide statement that parking will be provided at each facility at no charge to each mariner staying at the hotel.


•17.    Provide a statement that no hotel blackout dates will be used during the period of performance.


•18.    Provide statement that each facility will provide an on-site Business center.


Subfactor II:  Primary and OVERFLOW Hotels' Fire and Safety Policies and


Procedures


 1.    For Fire and Safety Issues, provide verification (Print Out) that establishments are listed on the current Hotel-


       Motel National Master List as required by PL101-391   http://www.usfa.dhs.gov/applications/hotel 


2.   Provide plan for each facility to ensure prevention of  illegal acts within establishment.


3.  Provide security plans, methods and equipment used at each facility. Address security of personal property,        personal rooms, access to interior of building and grounds, and lighting of interior and exterior passageways and grounds.


4.  Provide statement that safe deposit boxes will be in each hotel room occupied by a CIVMAR.  . 


5.  Provide policies and procedures regarding overnight guests of  MSC CIVMARS who could be staying in the room (including additional charges, if any).


6.   Provide a copy of each hotel's policy which addresses handling medical emergencies, defined as any situation which jeopardizes an individual's well-being and/or threats to his/her life (Cardiac/Respiratory Arrest, Unconscious Individual or any Conscious Person in Acute Distress). 


7.  Provide statement that emergency telephone numbers shall be posted in each hotel room. 


8.   Provide statement that hotel will have a first aid kit available at the front desk.


9.   Provide statement that contractor will notify MSC within 5 minutes if an authorized CIVMAR has been transported to a hospital.  Provide statement that contractor will provide the CSU-E Site Manager the CIVMARs name, room number, position, date, time, and the name of the emergency transport vehicle that transported the CIVMAR to the hospital.


10.  Provide statement and documentation that Contractor shall provide hired 3rd party security guard services who provide, at a minimum,  security services weekday nights, Monday-Friday, and 24 hours a day on week-ends and holidays, at the primary and overflow hotels. 


11.  Provide statement that security cameras will be positioned at entry/exit points and lobby area at the primary hotel and overflow hotels.


 


subfactor III:  Health and Sanitation of Primary and Overflow Facilities


** All inspections, approvals, certifications, licenses and permits must be valid at the time of examination.


1.  Provide each facility's housekeeping practices and a statement that CIVMARS shall be entitled the same housekeeping standards as any other hotel guest.  Provide list of the services provided in daily housekeeping cleaning.


2.  Provide copy of Pest Control Service Inspection Report issued within the past 2 months for each facility.


3.  Provide copy of most current Virginia Department of Health (DOH) Inspection/Evaluation Report for each hotel facility for -


     a.  Hotel - Transient Lodging Establishment Evaluation Report


     b.  Restaurant - Foodservice Establishment Evaluation Report


     c.  Swimming pool - Recreational Water Establishment Evaluation Report


4.  Provide statement that primary and overflow hotels have emergency battery lighting on stairwells, lobby areas, common areas, and hallways, and how long the emergency battery lighting will be available during a power outage.


 


  


MILITARY SEALIFT COMMAND


N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE


 


COMBINED SYNOPSIS/SOLICITATION TEMPLATE


 


 


Military Sealift Command Combined Synopsis and Solicitation Notice Information


 


1.  This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, as supplemented with additional information included in this notice using FAR Part 13 procedures under the 13.5 Test Program.  This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. 


 


2.  Solicitation number is N32205-18-Q-0155 and is being issued as a Request for Quotes (RFQ). 


 


3.  The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular {2005-96, effective 06 November 2017}.  See http://farsite.hill.af.mil/vffara.htm for this information.


 


4.  The associated NAICS code is 721110 and this procurement:


 


5.  This procurement is a small business set aside.


           


 6.   The Performance Work Statement is attachment 4. 


 


 7.  The required start date 28 February 2018


 


ADDENDUM TO 52.212-1 INSTRUCTIONS TO QUOTERS


Quotes shall contain the following:


 


•1.      Quote Cover Letter:  Using Attachment 1, provide your company's Name, Property Name/address, Point on Contact, phone number, CAGE Code and DUNS Number.


 


•2.      Price Quote: Using Attachment 2, provide a firm-fixed-price quote for the rooms requested in the Performance Work Statement (PWS).  In addition to an extended price, all quotes must contain a daily rate. The.  All applicable fees and charges must be included in the unit price.


 


•3.      Technical Quote: Using Attachment 3, confirm that your property meets all of the minimum technical requirements in the Performance Work Statement. At the bottom of Attachment 3, please explain any exceptions taken to the requirements in this solicitation. Note that exceptions to the RFQ shall render the quote unacceptable to the Government.


 


•4.      Attachment 4 is the Performance Work Statement


 


Quotes shall be submitted via email to the Contract Specialist, Lawrence I. Iwuamadi, Sr.  at Lawrence.iwuamadi@navy.mil by 0800 am Norfolk, VA Local Time on Friday, 14 February 2018.  No other method of submission is acceptable. Attachments are limited to 5 MB per email.  Quotes should be in either Adobe or Microsoft Office format.  Quoters are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files).


 


BASIS OF AWARD


The Government shall issue a purchase order resulting from this RFQ to the responsible quoter whose quote, conforming to the RFQ, represents the lowest-priced-technically-acceptable (LPTA) quote inclusive of options.


QUESTIONS


Questions regarding this RFQ shall be submitted in writing by 1100am, 9 February 2018 via e-mail to Lawrence I. Iwuamadi, Sr. at Lawrence.iwuamadi@navy.mil and may be contacted via phone at 757-443-5909.


 


 


CLAUSES INCORPORATED BY REFERENCE


52.203-3                                     Gratuities                                                                                               APR 1984


52.203-11                  Certification and Disclosure Regarding Payments to Influence SEP 2007


     Certain Federal Transactions


 


52.203-12                  Limitation on Payments to Influence Certain Federal                OCT 2010


     Transactions


52.203-17                  Contractor Employee Whistleblower Rights and Requirement  APR 2014


     To Inform Employees of Whistleblower Rights




52.203-18


 


52.203-19


 


52.204-4



Prohibition on Contracting with Entities that Requires Certain


Internal Confidentiality Agreements or Statements


Prohibition on Contracting with Entities that Requires Certain


Internal Confidentiality Agreements or Statements


Printed or Copied Double-Sided on Postconsumer Fiber Content Paper



JAN 2017


 


JAN 2017


 


MAY 2011



 



52.204-7



System for Award Management



JUL 2013



 



52.204-16


52.204-19


 


52.204-13


52.212-1


52.212-2



Commercial and Government Entity Code Reporting


Incorporation by Reference of Representations and Certifications


System for Award Management Maintenance


Instructions to Offerors--Commercial Items    


Evaluation of Commercial Items                                  



JUL 2016


DEC 2014


 


JUL 2013


Oct 2015


OCT 2014



 



52.212-4



Contract Terms and Conditions--Commercial Items



MAY 2015


 



 



52.225-25



Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.



OCT 2015



 



52.232-39



Unenforceability of Unauthorized Obligations



JUN 2013



 



52.232-40



Providing Accelerated Payments to Small Business Subcontractors



DEC 2013



 



52-233-1


52.233-2


 



Disputes     


Service Order Protest


 



MAY 2014


SEP 2006


 



 



52.242-13


252.203-7000



Bankruptcy.


Requirements Relating to Compensation of Former DoD Officials



JUL 1995


SEP 2011



 



252.203-7002



Requirement to Inform Employees of Whistleblower Rights



SEP 2013



 



252.203-7005



Representation Relating to Compensation of Former DoD Officials



NOV 2011



 



252.203-7995



Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation.



NOV 2015



 



252.204-7003



Control Of Government Personnel Work Product



APR 1992



 



252.204-7004


252.204-7008



Alternate A, System for Award Management


Compliance With Safeguarding Covered Defense Information Controls



FEB 2014


DEC 2015



 



252.204-7011


252.204-7012



Alternative Line-item Structure


Safeguarding Covered Defense Information and Cyber Incident Reporting.



SEP 2011


DEC 2015



 



252.209-7002



Disclosure Of Ownership Or Control By A Foreign Government



JUN 2010



 



252.209-7004



Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism



OCT 2015



 



252.222-7007 


252.225-7012



Representation Regarding Combating Trafficking in Persons


Preference For Certain Domestic Commodities



JAN 2015


FEB 2013



 



252.225-7048



Export-Controlled Items



JUN 2013



 



252.232-7003



Electronic Submission of Payment Requests and Receiving Reports



JUN 2012



 



252.232-7010    


252.237-7010



Levies on Contract Payments


Prohibition on Interrogation of Detainees by Contractor Personnel



DEC 2006


JUN 2013



 



252.243-7002



Requests for Equitable Adjustment



DEC 2012



 



252.244-7000



Subcontracts for Commercial Items



JUN 2013



 



252.246-7003



Notification of Potential Safety Issues



JUN 2013



 



252.247-7023



Transportation of Supplies by Sea



APR 2014



 




  


CLAUSES INCORPORATED BY FULL TEXT


Enterprise-Wide Contractor Manpower Reporting Application (ECMRA)


The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site.  Contracted


services excluded from reporting are based on Product Service Code (PSCs). The excluded PSCs are:


 


(1) W, Lease/Rental of Equipment;


(2) X, Lease/Rental of Facilities


(3) Y, Construction of Structures and Facilities;


(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission


      (D304) and Internet (D322) ONLY;


(5) S, Utilities ONLY; and


(6) V, Freight and Shipping ONLY.


 


The contractor is required to completely fill in all required data fields using the following web address:


https://doncmra.nmci.navy.mil.


Reporting inputs will 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, beginning with 2013.  Contractors may direct questions to the help desk at:  https://doncmra.nmci.navy.mil.


 


MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012)


 


The information contained in this instruction is supplemental to DFARS 252.232-7006.


 


The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only.  Information included in DFARS 252.232-7006 and these WAWF instructions apply only to WAWF Invoicing and WAWF Receiving Reports.  Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.


 


When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006.   Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, "Leave Blank." 


 


In some situations the WAWF system will pre-populate the "Pay DoDAAC," "Admin By DoDAAC" and "Issue By DoDAAC." The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006.  If these DoDAACs do not match, then the Contractor shall correct the field(s).


 


If Receiving Reports are required, ensure that the "Inspection" and "Acceptance" defaults of "destination" for both fields are not changed in the WAWF online interface.


 


The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00).  The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document.  The Contractor shall bill to the lowest level, e.g., the SubCLIN level.  The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.


 


Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the "Send More Email Notifications" link that appears on the page.  The Contractor shall click on this link and add the Technical Point of Contact's (TPOC) or Contracting Officer's Representative's (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks.  This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system. 


 


 (End of instructions)


 


 52.212-5     CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)


 


 


(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:


 


(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).


 


(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).


 


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


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


 


(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)


 


 _X__   (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).


 


____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).


 


____  (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)


 


_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).


 


___  (5) [Reserved]


 


_X__  (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).


  


___  (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).


 


_X__  (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).


 


_X___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).


 


____ (10) [Reserved]


 


____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).


 


____  (ii) Alternate I (NOV 2011) of 52.219-3.


 


____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).


   


____ (ii) Alternate I (JAN 2011) of 52.219-4.


 


____ (13) [Reserved]


 


_X___ (14)(i)  52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).


 


____ (ii) Alternate I (NOV 2011).


 


____ (iii) Alternate II (NOV 2011).


 


____ (15)(i)  52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).


 


____ (ii) Alternate I (Oct 1995) of 52.219-7.


 


____ (iii) Alternate II (Mar 2004) of 52.219-7.


 


_X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).


 


____ (17)(i)  52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).


 


____ (ii) Alternate I (Nov 2016) of 52.219-9.


 


____ (iii) Alternate II (Nov 2016) of 52.219-9.


 


____ (iv) Alternate III (Nov 2016) of 52.219-9.


 


____ (v) Alternate IV (Nov 2016) of 52.219-9.


 


____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).


 


_X___ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).


 


_X___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).


 


____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).


 


_X___ (22)  52.219-28, Post Award Small Business Program Representation (July 2013) (15 U.S.C. 632(a)(2)).


 


____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).


   


____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).


 


_X___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).


 


____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).


 


_X___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).


 


_X___ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).


 


_X___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).


 


_X___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).


 


_X___ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).


 


_X___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).


 


_X___ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).


 


____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).


 


____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)


 


 ____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).


 


Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if


the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.


 


____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).


 


____ (37)(i)  52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)


 


____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)


 


____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).


 


____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).


 


____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).


 


____  (ii) Alternate I (OCT 2015) of 52.223-13.


 


____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).


 


____   (ii) Alternate I (Jun 2014) of 52.223-14.


 


____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).


 


____ (43)(i)  52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).


 


____ (ii) Alternate I (Jun 2014) of 52.223-16.


 


_X___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).


 


____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).


 


____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).


 


____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).


 


____ (ii) Alternate I (JAN 2017) of 52.224-3.


 


____ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).


 


____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.


103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.


 


____ (ii) Alternate I (May 2014) of 52.225-3.


 


____ (iii) Alternate II (May 2014) of 52.225-3.


 


____ (iv) Alternate III (May 2014) of 52.225-3.


 


_X___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501,  et seq., 19 U.S.C. 3301 note).


 


 


____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).


 


____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).


 


____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150


 


____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).


 


____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).


 


____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).


 


_X___ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332).


 


____ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332).


 


____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).


 


____  (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).


 


__X__  (61)  52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).


 


_X___ (62)(i)  52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).


 


____ (ii) Alternate I (Apr 2003) of 52.247-64.


 


(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)


 


_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).


 


_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).


 


_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).


 


_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).


 


_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).


 


_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).


 


_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).


 


_X____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).


 


_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).     


 


_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).


 


_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).


 


(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.


 


(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.


 


(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.


 


(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.


 


(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-


 


(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).


 


(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).


 


(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.


 


(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.


 


(v)  52.222-21, Prohibition of Segregated Facilities (Apr 2015).


 


(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).


 


(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).


 


(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).


(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).


(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.


(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).


(xii) __X___ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).


 


_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).


(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)


(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)


(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).


 


(xvi)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).


   


(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).


 


Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.


   


(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).


(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).


(B) Alternate I (JAN 2017) of 52.224-3.


(xx)  52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).


(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).


(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.


(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.


 


(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.


 


(End of clause)


52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)


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


"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.


"Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.


"Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).


"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).


"Safeguarding" means measures or controls that are prescribed to protect information systems.


(b) Safeguarding requirements and procedures.


(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:


(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).


(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.


(iii) Verify and control/limit connections to and use of external information systems.


(iv) Control information posted or processed on publicly accessible information systems.


(v) Identify information system users, processes acting on behalf of users, or devices.


(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.


(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.


(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.


(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.


(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.


(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.


(xii) Identify, report, and correct information and information system flaws in a timely manner.


(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.


(xiv) Update malicious code protection mechanisms when new releases are available.


(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.


(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.


(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.


(End of clause)


52.217-5 -- Evaluation of Options (July 1990)


Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).


(End of Provision)


52.217-9     OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)


 


(a) The Government may extend the term of this contract by written notice to the Contractor within two (2) calendar day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least four (4) calendar days before the contract expires.  The preliminary notice does not commit the Government to an extension.


 


(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.


 


(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 80 calendar days.


 


(End of clause)


 (End of Provision)


52.252-1     SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)


This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):


FAR - http://acquisition.gov/far


DFARS - http://www.acq.osd.mil/dpap/dars/dfarspgi/current/


(End of provision)


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):


FAR - http://acquisition.gov/far DFARS - http://www.acq.osd.mil/dpap/dars/dfarspgi/current/


(End of clause)


52.252-5     AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)


(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.


•(b)    The use in this solicitation of any Defense Acquisition Regulations (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.


(End of provision)


52.252-6     AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)


(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.


(b) The use in this solicitation or contract of any Defense Acquisition Regulations (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.


(End of clause)


 


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


 


(Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and


"Receiving Report" (stand-alone) document type may be used instead.)


   


(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.


 


GOVERNMENT


                                             


(Contracting Officer: Insert inspection and acceptance locations or "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                                        N32205


Issue By DoDAAC                                              ____


Admin DoDAAC                                                 ____


Inspect By DoDAAC                                          ____


Ship To Code                                                       N62387


Ship From Code                                                   ____


Mark For Code                                                    ____


Service Approver (DoDAAC)                            ____


Service Acceptor (DoDAAC)                             ____


Accept at Other DoDAAC                                ____


LPO DoDAAC                                                      ____


DCAA Auditor DoDAAC                                   ____


Other DoDAAC(s)                                               ____


--------------------------------------------------------------------------------------------


 


(*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.")


   


(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.


 


Sharon.stailey@navy.mil   /  Melanie.richardson@navy.mil


 


(Contracting Officer: Insert applicable email addresses or "Not applicable.")


   


(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.


 


MSCHQ_WAWF@navy.mil


 


(Contracting Officer: Insert applicable information or "Not applicable.")


   


(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.


 


(End of clause)


 


Wage Determination 95-0584 Rev 37 is applicable to this service requirement.


MSC TERMS AND CONDITIONS


Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.


52.212-3 Alternate 1-- Offeror Representations and Certifications -- Commercial Items.


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


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


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


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


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


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


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


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


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


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


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


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


(3) PSG 88, Live Animals;


(4) PSG 89, Subsistence;


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


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


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


(8) PSC 9610, Ores;


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


(10) PSC 9630, Additive Metal Materials.


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


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


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


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


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


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


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


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


(6) Have been voluntarily suspended.


Sensitive technology-


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


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


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


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


"Service-disabled veteran-owned small business concern"-


(1) Means a small business concern-


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


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


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


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


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


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


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


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


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


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


(1) Directly by a parent corporation; or


(2) Through another subsidiary of a parent corporation.


"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.


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


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


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


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


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


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


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


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


(b)


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


(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


___________________________________________


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


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


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


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


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


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


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


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


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


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


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


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


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


(2) Foreign End Products:




LINE ITEM NO.



COUNTRY OF ORIGIN



 



 



 



 



 



 




[List as necessary]


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


(g)


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


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


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


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




LINE ITEM NO.



COUNTRY OF ORIGIN



 



 



 



 



 



 




[List as necessary]


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


Other Foreign End Products:




LINE ITEM NO.



COUNTRY OF ORIGIN



 



 



 



 



 



 




[List as necessary]


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


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


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


Canadian End Products:


Line Item No.:


___________________________________________


[List as necessary]


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


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


Canadian or Israeli End Products:




Line Item No.:



Country of Origin:



 



 



 



 



 



 




[List as necessary]


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


(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":


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




Line Item No.:



Country of Origin:



 



 



 



 



 



 




[List as necessary]


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


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


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


Other End Products




Line Item No.:



Country of Origin:



 



 



 



 



 



 




[List as necessary]


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


(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--


(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;


(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and


(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and


(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.


(i) Taxes are considered delinquent if both of the following criteria apply:


(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.


(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.


(ii) Examples.


(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.


(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.


(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.


(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).


(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]


(1) Listed End Product




Listed End Product:



Listed Countries of Origin:



 



 



 



 



 



 




(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]


[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.


[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.


(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-


(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or


(2) [_] Outside the United States.


(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]


(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that-


(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;


(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and


(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.


(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that-


(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;


(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));


(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and


(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.


(3) If paragraph (k)(1) or (k)(2) of this clause applies-


(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and


(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.


(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)


(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).


(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.


(3) Taxpayer Identification Number (TIN).


[_] TIN:_____________________.


[_] TIN has been applied for.


[_] TIN is not required because:


[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;


[_] Offeror is an agency or instrumentality of a foreign government;


[_] Offeror is an agency or instrumentality of the Federal Government;


(4) Type of organization.


[_] Sole proprietorship;


[_] Partnership;


[_] Corporate entity (not tax-exempt);


[_] Corporate entity (tax-exempt);


[_] Government entity (Federal, State, or local);


[_] Foreign government;


[_] International organization per 26 CFR 1.6049-4;


[_] Other ____________________.


(5) Common parent.


[_] Offeror is not owned or controlled by a common parent:


[_] Name and TIN of common parent:


Name ____________________________________


TIN ______________________________________


(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.


(n) Prohibition on Contracting with Inverted Domestic Corporations-


(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.


(2) Representation. The offeror represents that-


(i) It [ ] is, [ ] is not an inverted domestic corporation; and


(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.


(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.


(1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.


(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-


(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;


(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and


(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).


(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-


(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and


(ii) The offeror has certified that all the offered products to be supplied are designated country end products.


(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation.


(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.


(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:


Immediate owner CAGE code:_____________________________________________


Immediate owner legal name:______________________________________________


(Do not use a "doing business as" name)


Is the immediate owner owned or controlled by another entity:


[ ] Yes or [ ] No.


(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:


Highest level owner CAGE code:_____________________________________________


Highest level owner legal name:______________________________________________


(Do not use a "doing business as" name)


(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.


(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-


(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or


(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.


(2) The Offeror represents that--


(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and


(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.


(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)


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


(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):


Predecessor CAGE code ______(or mark "Unknown).


Predecessor legal name: _________________________.
(Do not use a "doing business as" name).


(s) Reserved.


(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)).


(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.


(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].


(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.


(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.


(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.


(3) If the Offeror checked ''does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:_____.


(u)


(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.


(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.


(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).


(End of Provision)


Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:


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


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


____ Black American.


___ Hispanic American.


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


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


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


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


 


 


 


 


 


 


 


 


 

Files

Show all 12

On GovTribe

Work this opportunity

  • Track it in your pipeline
  • Find teaming partners
  • Similar opportunities
  • Ask GovTribe AI about this opportunity

GovTribe for Federal Contractors