FILE | Z | MECHANICAL DUCT CLEANING - Solicitation 1

FBO DAILY ISSUE OF APRIL 25, 2008 FBO #2342
DOCUMENT

Z -- MECHANICAL DUCT CLEANING - Solicitation 1

Notice Date: 4/23/2008
Notice Type: Solicitation 1
NAICS: 238220 — Plumbing, Heating, and Air-Conditioning Contractors
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer (fp), USCG Integrated Support Command Seattle, 1519 Alaskan Way, South, Seattle, Washington, 98134-1192
ZIP Code: 98134-1192
Solicitation Number: HSCG33-08-Q-6SRE3M
Point of Contact: John R Woolery,, Phone: 206/217-6373, Tim J. Price, Phone: 206/217-6381
E-Mail Address: john.r.woolery@uscg.mil, tim.j.price@uscg.mil
Small Business Set-Aside: Total Small Business
Description: (i) THIS IS A COMBINED SYNOPSIS / SOLICITATION FOR COMMERCIAL ITEMS IN ACCORDANCE WITH THE FORMAT IN SUBPART 12.6, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; PROPOSALS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED (ii) SOLICITATION NUMBER: HSCG33-08-Q-6SRE3M. THIS SOLICITATION IS ISSUED AS AN RFP - REQUEST FOR PROPOSAL. (iii) THIS SOLICITATION DOCUMENT, INCORPORATED PROVISIONS, AND CLAUSES ARE THOSE IN EFFECT THROUGH FEDERAL ACQUISITION CIRCULAR CURRENT THROUGH FAC 05-24; FEBRUARY 2008. (iv) THIS SOLICITATION IS A TOTAL SMALL BUSINESS SET ASIDE. THE NAICS CODE IS 238220; PLUMBING, HEATING, AND AIR CONDITION CONTRACTORS. THE SMALL BUSINESS SIZE STANDARD IS $13M. (v) CONTRACT LINE ITEMS SEE REQUEST FOR PROPOSAL / STATEMENT OF OBJECTIVES AT THE END OF THIS DOCUMENT CLIN 0001- PRIMARY AWARD. BUILDING 1 DUCT CLEANING CLIN 0002 – OPTION #1. BUILDING 3 DUCTCLEANING CLIN 0003 – OPTION #2. BUILDING 6 CLEANING (vi) DESCRIPTION OF REQUIREMENT FOR THE ITEMS TO BE ACQUIRED. SEE REQUEST FOR PROPOSAL / STATEMENT OF OBJECTIVES AT THE END OF THIS DOCUMENT (vii) REQUIRED DELIVERY DATE: PROJECTED TO BE 31 JULY 2008 PLACE OF DELIVERY AND ACCEPTANCE ADDRESS: COMMANDING OFFICER -USCG ISC SEATTLE – 1519 ALASKAN WAY SOUTH – SEATTLE, WA 98134-1192 FOB POINT: SEATTLE, WA (viii) THE PROVISION AT 52.212-1, INSTRUCTION TO OFFERORS-COMMERCIAL, APPLIES TO THIS ACQUISITION. (ix) THE PROVISION AT 52.212-2, EVALUATION-COMMERCIAL ITEMS APPLIES TO THIS ACQUISITION. THE EVALUATION CRITERIA PER PARAGRAPH (a) OF THE PROVISION ARE: ALL EVALUATION FACTORS, OTHER THAN COST OR PRICE, WHEN COMBINED, ARE APROXIMATELY EQUAL TO COST OR PRICE. - PRICE - OFFERED PROPOSALS’ COMMENCEMENT OF WORK PROCEDURAL PLAN WITH EMPHAIS ON ABILITY TO MEET OR EXCEED HADCA SPECIFICATIONS - PRIOR EXPERIENCE AND MANAGEMENT CAPABILITY (x) OFFEROS SHALL INCLUDE A COMPLETED COPY OF THE PROVISION AT 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS, WITH ITS OFFER. (xi) THE CLAUSE AT 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS, APPLIES TO THIS ACQUISITION. (xii) THE CLAUSE AT 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS, APPLIES TO THIS ACQUISITION. (xiii) SEE REQUEST FOR PROPOSAL / STATEMENT OF OBJECTIVES AT THE END OF THIS DOCUMENT FOR ADDITIONAL CLAUSES. (xiv) DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM (DPAS) AND ASSIGNED RATING DOES NOT APPLY TO THIS SOLICITATION. (xv) THERE ARE NO APPLICABLE NUMBERED NOTES. (xvi) OFFERS ARE DUE: DATE – THRUSDAY 29 MAY 2008 TIME- 3:00PM LOCAL PLACE: COMMANDING OFFICER/FP/ - USCG INTEGRATED SUPPORT COMMAND SEATTLE 1519 ALASKAN WAY SOUTH – SEATTLE, WA 98134-1192 M/F JACK WOOLERY EMAIL OFFER AUTHORIZED – JOHN.R.WOOLERY@USCG.MIL FAX OFFER AUTHORIZED - 206-217-6637 (xvii) POINT OF CONTACT: JOHN R. WOOLERY (JACK) 206-217-6373 – JOHN.R.WOOLERY@USCG.MIL REQUEST FOR PROPOSAL STATEMENT OF OBJECTIVES FOR MECHANICAL DUCT CLEANING REQUEST FOR PROPOSAL Commanding Officer U. S. Coast Guard Integrated Support Command Seattle (ISC) 1519 Alaskan Way South Seattle, WA 98134-1192 STATEMENT OF OBJECTIVES SECTION 1 – GENERAL INFORMATION 1.1 Objectives The contractor must provide all personnel, equipment, tools, materials, supervision, and other items and services as necessary to perform a one time cleaning of the mechanical ducting systems in buildings number 1, 3, and 6 onboard USCG ISC Seattle in Seattle, WA as promulgated by the attached National Air Duct Cleaners Association (HADCA) specifications. The estimated cost magnitude of this service contract is less than $30,000.00 NAICS: 238220 – Plumbing, Heating, and Air Conditioning Contractors Small Business Size Standard: $13M 1.1.1 Place of Performance 1.1.1.1 USCG Integrated Support Command Seattle (ISC) Building 1 (primary) Building 3 (option) Building 6 (option) 1519 Alaskan Way South Seattle, WA 98134-1192 1.1.2 Contracting Officer 1.1.2.1 John (Jack) Woolery USCG ISC Seattle Comptroller Division 1519 Alaskan Way South Seattle, WA 98134-1192 (206) 217-6373 voice (206) 217-6637 fax John.R.Woolery@uscg.mil 1.1.3 Contracting Officers’ Technical representative / Government Inspector (COTR) 1.1.3.1 Kenneth J. Alluise (primary) USCG Integrated Support Command Seattle /fe/ 1519 Alaskan Way South Seattle, WA 98134-1192 (206) 217-6454 voice (206) 217-6637 fax Kenneth.J.Alluise@uscg.mil 1.1.3.2 George W. Malay (alternate) USCG Integrated Support Command Seattle /fe/ 1519 Alaskan Way South Seattle, WA 98134-1192 (206) 217-6455 voice (206) 217-6637 fax George.W.Malay@uscg.mil 1.1.4 Contact for questions and site visits 1.1.4.1 Any questions regarding scope of work must be directed to the Contracting Officer. John (Jack) Woolery USCG ISC Seattle - Comptroller Division (206) 217-6373 voice (206) 217-6637 fax John.R.Woolery@uscg.mil 1.1.4.2 Unless specifically annotated below in part 1.1.4.3, all requests for site visits must be scheduled through the COTR. Requests can be submitted via phone call or e-mail. Kenneth J. Alluise USCG ISC Seattle - Facilities Engineering Division (206) 217-6454 voice (206) 217-6637 fax Kenneth.J.Aluise@uscg.mil 1.1.4.3 A mandatory site visit for all interested parties is scheduled below. All interested offerors must arrive no later than five minutes prior to the start time indicated in order to allow coordination by the COTR. Attendance at the site visit is mandatory in order to be deemed a responsive offeror. Failure to attend the mandatory site visit shall deem a contractor non responsive and their offer / quote will not be accepted. Date: Thursday 08 May 2008 Start Time: 9:00am local Location: USCG ISC Seattle – facilities engineering division 1519 Alaskan Way South Seattle, WA 98134-1192 1.2 Contractor Personnel 1.2.1 Contract Manager (This section to be completed by interested offerors) The contractor must provide a contract manager who must be responsible for the performance of the work. The name of this person, and an alternate or alternates, who must act for the contractor when the manager is absent, must be designated in writing to the contracting officer. Name:_____________________________________________ Title: ______________________________________________ Phone: _____________________________________________ E-mail: _____________________________________________ Name:______________________________________________ Title: _______________________________________________ Phone: ______________________________________________ E-mail: ______________________________________________ 1.2.1.1 The contract manager or alternate(s) must have full authority to act for the contractor on all contract matters relating to daily operation of this contract 1.2.1.2 The contact manager and alternate or alternates must be able to read, write, speak, and understand the English language. 1.2.2 Contractor employees The contractor must not employ persons for work on this contract if such employee is considered by the contracting officer to be a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population. 1.2.2.1 Contactor personnel must present a neat appearance and be easily recognized as contractor employees. 1.2.2.2 The contractor must not employ any person who is an employee of the U. S. Government if employing that person would create a conflict of interest. Additionally, the contractor must not employ any person who is an employee of the U. S. Coast Guard unless such person seeks and receives approval according to U. S. Coast Guard regulations. 1.2.3 Security requirements Contractor personnel shall have photo identification at all times while working on Coast Guard facilities. Contractor and delivery personnel may be required to present personal photo identification to gain access to a Coast Guard installation. If identification does not indicate United States citizenship, Coast Guard Security may require proof of the legal right to work in the United States. Contractor and delivery personnel also may be subjected to an immigration status and outstanding criminal warrants check. Contractors shall provide the Contracting Officer's Technical Representative with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, etc.) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. All vehicle access to government property requires vehicle registration and proof of liability insurance. Otherwise access to the Coast Guard facility may be denied. 1.3 Hours of Operation – Projected Date of Completion 1.3.1 The contractor must perform the tasks as required by this scope of work under this contract during the following hours: Monday through Friday between 8:00am and 4:00pm. Work to commence no later than ten days after receipt of award / notice to proceed. Work to be completed within ten (10) days after commencement of work on any specified building. The projected date of completion is no later than 31 July 2008. 1.3.2 Holidays: Independence Day – 04 July 2008 1.3.3 Special event, or adjusted work hours: If circumstances should arise where in the contractor desires a different work schedule as required in section 1.3.1 above, the contractor must request same in writing. Submit written request to the government Contracting Officers Technical Representative (COR/COTR) a minimum of 24 hours before the requested adjusted work schedule. If the desired schedule change is to be effective on a Monday, the request must be submitted to the COR/COTR prior to 9:00am on the Friday prior to commencement of work. 1.4 Award It is the governments’ intent to make award to the low cost responsive and responsible offeror through issuance of a firm fixed price service contract. Building 1 is the base / primary requirement of this PRS and will be the focus of this award. Contingent on funding, the duct cleaning in buildings 3 and 6may be awarded as options. 1.5 Invoicing Invoices must be mailed in triplicate to the Coast Guard Contracting Officer. This address will be in Block 18A on page 1 of contract form number OF347. One copy of the invoice must be provided to the COTR. To insure proper payment, all Purchase Order / Contract Numbers must be clearly indicated on your invoice. It is recommended that the offeror attach a copy of the Purchase Order / Contract to their invoice(s). SECTION 2 – DEFINITIONS 2.1 General Definitions When the PWS, solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulations (FAR), the word or term has the same meaning as the definition as contained in section 2.101 of the FAR. The FAR index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix. 2.1.1 Defective Service: A service or commodity output that does not meet the standard of performance requirement specified in the contract for that service or commodity. 2.1.2 Quality Assurance: A planned and systematic pattern of all government actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. Quality assurance refers to actions by the government assurance functions for a contracted service. 2.1.2 Quality Control: Those actions taken by a contractor to control the production of outputs to ensure that they conform to the contract requirements. 2.1.3 Technical Definitions: IF NONE LISTED – NOT APPLICABLE TO CONTRACT. SECTION 3 – GOVERNMENT FURNISHED PROPERTY AND SERVICES 3.1 General Information The Government must provide the facilities, equipment, materials, and services listed here. 3.1.1 Government Furnished Facilities 3.1.2 Water and Electricity necessary for use by contractor in conjunction with this contract 3.1.3 Lavatory 3.2.1 Government Furnished Equipment 3.2.2 No associated equipment or materials in conjunction with the PRS shall be furnished by the Government. SECTION 4 – CONTRACTOR FURNISHED ITEMS AND SERVICES Except for those items, services, or commodities specifically stated in section 3 above as government furnished, the contractor must furnish everything needed to perform this contract according to all its terms. SECTION 5 – SPECIFIC TASKS The contractor must provide all personnel, equipment, tools, materials, supervision, and other items and services as necessary to perform a one time cleaning of the mechanical ducting systems in buildings number 1, 3, and 6 onboard USCG ISC Seattle in Seattle, WA as promulgated by the attached National Air Duct Cleaners Association (NADCA) specifications. 5.1 General Information 5.1.1 5.1.1.1 Building 1; Administration. Contract Line Item (CLIN) 1. Base / Primary award. a. 1st floor – 11106 sf b. 2nd floor – 10126 sf c. 3rd floor – 9326 sf d. 4th floor – 9326 sf e. 5th floor – 2253 sf Total – 42137 st 5.1.1.2 Building 3; Facilities Engineering. Contract Line Item (CLIN) 2. Option #1. a. 1st floor – 87300 sf b. 2nd floor – 5986 sf Total – 93286 sf 5.1.1.3 Building 6; Barracks and Galley. Contract Line Item (CLIN) 3. Option #2. a. 1st floor – galley – 6293 sf b. 1st floor – crew area – 4209 sf c. 2nd floor – 6686 sf d. 3rd floor – 671 sf Total – 23901 sf 5.1.2 Tasking and functional system requirements 5.1.2.1 Work shall be completed in accordance with industry standards and NADCA specifications. 5.1.2.2 Any contractor caused damage during this project must be repaired or replaced by the contractor at the contractor’s expense prior to acceptance by the government COTR. 5.1.3 Specifications and safety standards 5.1.3.1 All safety standards shall comply with those set forth by OSHA and NADCA industry standards. 5.1.3.2 All requirements required to conform to this performance requirements summary must be confirmed / verified by the contractor at the work site. SECTION 6 – Submittals Items 6.1 through 6.4 below shall be prepared by and submitted by interested offerors in support of their proposal and pricing. 6.1 Contractor generated price quote with separate delineable costs for each building; identified as: - Building 1; Administration (Primary award) - Building 3; Facilities engineering (Option award) - Building 6; Barracks and Galley (Option award) 6.2 Contractor generated commencement of work procedural plan for each building addressing the following safety issues and procedures for cleaning as related to HADCA specifications. It is requested that this / these document(s) be placed directly behind / after each individual buildings price quote ins 6.1 above. a. Containment b. Particulate collection c. Odor control d. Air volume control devices e. Service openings f. Ceiling sections g. Air distribution devices h. Air handling units, terminal units, blowers, and exhaust fans i. Duct systems 6.3 Contractor generated quality assurance plan. 6.4 Contractor qualifications / references to include: a. Copy of business certification / licenses. b. Qualification / training certification copies of job site supervisor. c. Minimum of three (03) past performance references. SECTION 7 – SERVICING, TESTING, AND ACCEPTANCE 7.1 Servicing and Testing 7.1.1 The contractor shall document and certify all services performed, materials used, and hours spent in each building on a contractor generated documentation form. 7.1.2 The contractor shall document and certify an operational capability test on all mechanical duct systems after service cleaning of same on a contractor generated documentation form. This data may be included with that contained in section 7.1.1 above. 7.1.3 The contractor shall sign and certify the document(s) in the presence of the government COTR. 7.1.3 The government COTR shall sign and certify the document(s) in the presence of the contractor. 7.2 Acceptance 7.2.1 Acceptance on behalf of the government will be made by the COTR as attested to / witnessed by signatures on the contractor generated document / form per section 7.1.1. and 7.1.2 above. Clauses By Reference: 52.202-1Definitions Jul 2004 52.204-7Central Contractor RegistrationJul 2006 52.209-6Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Sep 2006 52.211-6Brand Name or EqualAug 1999 52.212-1Instructions to Offerors – Commercial ItemsNov 2007 52.212-4 Contract Terms and Conditions-Commercial Items Feb 2007 52.215-1Instructions to Offerors – Competitive AcquisitionJan 2004 52.215-5Facsimile ProposalsOct 1997 52.215-19Notification of Ownership ChangesOct 1997 52.216-4Economic Price Adjustment-Labor and MaterialJan 1997 52.217-2Cancellation Under Multi-year ContractsOct 1997 52.217-5Evaluation of OptionsJul 1990 52.217-8Option to Extend ServicesNov 1999 52.217-9Option to Extend the Term of the ContractMar 2000 52.223-3Hazardous Material Identification and Material Safety DataJan 1997 52.223-5 Pollution Prevention and Right-to-Know InformationAug 2003 52.223-11Ozone-Depleting SubstancesMay 2001 52.232-1 Payments Apr 1984 52.232-18 Availability of Funds Apr 1984 52.232-19 Availability of Funds for the Next Fiscal Year Apr 1984 52.233-1 Disputes Jul 2002 52.233-3Protest After AwardAug 1996 52.233-4Applicable Law for Breach of Contract ClaimOct 2004 52.246-4Inspection of Services – Fixed PriceAug 1996 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984 52.249-14 Excusable Delays (Apr 1984)Apr 1984 3052.216-72 Performance Evaluation PlanDec 2003 3052.217-91Performance (USCG)Dec 2003 3052.217-92Inspection And Manner Of Doing Work (USCG)Dec 2003 3052.217-93Subcontracts (USCG)Dec 2003 3052.217-94Lay Days (USCG)Dec 2003 3052.217-95Liability And InsuranceDec 2003 3052.217-96Title (USCG)Dec 2003 3052.217-97Discharge Of Liens (USCG)Dec 2003 3052217-98Delays (USCG)Dec 2003 3052.217-99Department Of Labor Safety And Health Regulations For Ship Repair (USCG)Dec 2003 3052.217-100Guarantee (USCG)Dec 2003 3052.222-70 Strikes Or Picketing Affecting Timely Completion Of The Contract Work Dec 2003 3052.222-71 Strikes Or Picketing Affecting Access To A DHS Facility Dec 2003 3052.222-90 Local Hire (USCG)Dec 2003 3052.223-70 Removal Or Disposal Of Hazardous Substances Applicable Licenses And Permits Dec 2003 3052.223-90Accident And Fire Reporting (USCG)Dec 2003 3052.228-70 InsuranceDec 2003 3052.228-93Risk and Indemnities (USCG)Dec 2003 3052.237-70 Qualifications Of Employees Dec 2003 3052.237-71 Information Technology Systems Access for ContractorsDec 2003 3052.237-72 Contractor Personnel Screening for Unclassified InformationDec 2003 3052.242-71 Dissemination Of Contract InformationDec 2003 3052.242-72 Contracting Officer's Technical RepresentativeDec 2003 CLAUSES BY FULL TEXT 52.252-1 Contract Provisions & Clauses Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation/clauses 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/clauses 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/clauses, 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/clauses may be accessed electronically at this/these address(es): FAR PROVISIONS/CLAUSES: http://205.130.237.11/far / Department of Homeland Security: www.dhs/gov/dhspublic/interweb/assetlibrary/hsar 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 CLAUSES: http://205.130.237.11/far/ Department of Homeland Security: http://www.dhs/gov/dhspublic/interweb/assetlibrary/hsar 52.212-2 Evaluation-Commercial Items (Nov 2006) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: All evaluation factors, other than cost or price, when combined, are approximately equal to cost or price. - Price - Offered proposals’ commencement of work procedural plan with emphasis on ability to meet or exceed HADCA specifications - Prior experience and management capability (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 Offeror Representations and Certifications-Commercial Items. (Nov 2007) An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (j) of this provision. (a) Definitions. As used in this provision— “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. “Forced or indentured child labor” means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 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. “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. “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 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. (b) 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 a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (b)(3) through (b)(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). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o 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; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it o is, o 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 o is, o 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 o is, o 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, for general statistical purposes, that it o is, o 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 o is, o is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) 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 o is a women-owned business concern. (7) 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:____________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it o is, o is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51–100 __ $1,000,001–$2 million __ 101–250 __ $2,000,001–$3.5 million __ 251–500 __ $3,500,001–$5 million __ 501–750 __ $5,000,001–$10 million __ 751–1,000 __ $10,000,001–$17 million __ Over 1,000 __ Over $17 million (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either— (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (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 o is, o 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It o is, o is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the 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 o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that— (i) It o has developed and has on file, o 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 o 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 $100,000.) 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—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 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. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—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 Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—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 the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “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 Act-Free Trade Agreements-Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan 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) of this provision) as defined in the clause of this solicitation entitled “Buy American Act—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. 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 Act—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 Act—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act—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 Act—Free Trade Agreements—Israeli Trade Act”: Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) 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)(4)(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 Act. 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 Debarment, Suspension or Ineligibility for Award (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) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and (2) o Have, o 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, or receiving stolen property; and (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses. (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 products. 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 it 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) o 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) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (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 o does o 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 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 o does o 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 Act 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)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (l)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (b) through (k) 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 on ORCA.] (End of provision) Alternate I (Apr 2002). 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) or (c)(9) 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, U.S. Trust Territory of the Pacific Islands (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. Alternate II (Oct 2000). As prescribed in 12.301(b)(2), add the following paragraph (c)(9)(iii) to the basic provision: (iii) Address. The offeror represents that its address o is, o is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. “Address,” as used in this provision, means the address of the offeror as listed on the Small Business Administration’s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B. For joint ventures, “address” refers to the address of the small disadvantaged business concern that is participating in the joint venture. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Dec 2007) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (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. 253g and 10 U.S.C. 2402). __ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (4) [Reserved] _X_ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (6)(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. __ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (8)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (15 U.S.C. 637(d)(4). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEPT 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (15) 52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a)(2)). _X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2007) (E.O. 13126). _X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). __ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). __ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). __ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). __ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). __ (ii) Alternate I (Aug 2007) of 52.222-50. __ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)). __ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). __ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _X_ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d). _X_ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (31) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (40)(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.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.). __ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (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 settelement. 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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.” 52.214-34 Submission of Offers in the English Language (Apr 1991) Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected. 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected. 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a Firm Fixed Price Service Contract. Building 1 is the base / primary requirement of this PRS and will be the focus of this award. Contingent on funding, the duct cleaning in buildings 3 and 6may be awarded as options. 52.222-25 Affirmative Action Compliance (Apr 1984) NOTE: CONTRACTOR MUST COMPLETE The offeror represents that— (a) It ___ has developed and has on file, ___has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or (b) It ___ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. 52.225-2 Buy American Act Certificate (Jun 2003) Buy American Act Certificate (June 2003) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that 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. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.” (b) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN ______________ _________________ ______________ _________________ ______________ _________________ 3052.209-70 Prohibition on Contracts With Corporate Expatriates (Dec. 2003) (a) Prohibitions. Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, Public Law 107-296, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-- (1) The entity completes after November 25, 2002, the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1)Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i)stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii)stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, Public Law 107-296. (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is after the date of enactment of this Act and which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of Public Law 107-296 to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i)Warrants; (ii)Options; (iii)Contracts to acquire stock; (iv)Convertible debt instruments; (v)Others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835. (f) Disclosure. By signing and submitting its offer, an offeror under this solicitation represents that it not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland Security Act, Public Law 107-296 of November 25, 2002. (g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal. WD 05-2563 (Rev.-5) was first posted on www.wdol.gov on 02/26/2008 ****************************************************************************** ****************************************************************************** REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2005-2563 William W.Gross Division of | Revision No.: 5 Director Wage Determinations| Date Of Revision: 02/21/2008 _______________________________________|_______________________________________ State: Washington Area: Washington Counties of King, Snohomish, Whatcom _______________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE MINIMUM WAGE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 13.85 01012 - Accounting Clerk II 16.16 01013 - Accounting Clerk III 18.09 01020 - Administrative Assistant 22.46 01040 - Court Reporter 17.89 01051 - Data Entry Operator I 13.14 01052 - Data Entry Operator II 15.51 01060 - Dispatcher, Motor Vehicle 19.51 01070 - Document Preparation Clerk 13.28 01090 - Duplicating Machine Operator 13.19 01111 - General Clerk I 12.68 01112 - General Clerk II 14.80 01113 - General Clerk III 16.82 01120 - Housing Referral Assistant 18.42 01141 - Messenger Courier 11.90 01191 - Order Clerk I 15.29 01192 - Order Clerk II 16.10 01261 - Personnel Assistant (Employment) I 15.89 01262 - Personnel Assistant (Employment) II 17.78 01263 - Personnel Assistant (Employment) III 19.81 01270 - Production Control Clerk 20.00 01280 - Receptionist 14.46 01290 - Rental Clerk 15.60 01300 - Scheduler, Maintenance 16.02 01311 - Secretary I 15.98 01312 - Secretary II 17.66 01313 - Secretary III 19.69 01320 - Service Order Dispatcher 17.07 01410 - Supply Technician 22.46 01420 - Survey Worker 17.89 01531 - Travel Clerk I 13.18 01532 - Travel Clerk II 14.16 01533 - Travel Clerk III 15.15 01611 - Word Processor I 14.81 01612 - Word Processor II 17.23 01613 - Word Processor III 20.52 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.55 11060 - Elevator Operator 11.55 11090 - Gardener 15.81 11122 - Housekeeping Aide 10.92 11150 - Janitor 13.50 11210 - Laborer, Grounds Maintenance 13.70 11240 - Maid or Houseman 9.57 11260 - Pruner 11.97 11270 - Tractor Operator 14.85 11330 - Trail Maintenance Worker 13.70 11360 - Window Cleaner 14.48 23000 - Mechanics And Maintenance And Repair Occupations 23110 - Appliance Mechanic 21.06 23160 - Electrician, Maintenance 31.22 23290 - Fire Alarm System Mechanic 21.71 23370 - General Maintenance Worker 18.48 23410 - Heating, Ventilation And Air-Conditioning Mechanic 24.63 23411 - Heating, Ventilation And Air Contditioning Mechanic (Research Facility) 23470 - Laborer 12.95 23530 - Machinery Maintenance Mechanic 23.93 23550 - Machinist, Maintenance 21.41 23580 - Maintenance Trades Helper 18.47 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 24.54 25040 - Sewage Plant Operator 25.38 25070 - Stationary Engineer 24.54 25190 - Ventilation Equipment Tender 19.75 25210 - Water Treatment Plant Operator 25.38 ________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.16 per hour or $126.40 per week or $547.73 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING BENEFITS (as numbered): 1) Does not apply to employees employed in a bona fide executive, administrative, or professional capacity as defined and delineated in 29 CFR 541. (See CFR 4.156) 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). 3) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An employee is entitled to pay for all work performed between the hours of 6:00 P.M. and 6:00 A.M. at the rate of basic pay plus a night pay differential amounting to 10 percent of the rate of basic pay. HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation) and computes a proposed rate). 2) After contract award, the contractor prepares a written report listing in order proposed classification title), a Federal grade equivalency (FGE) for each proposed classification), job description), and rationale for proposed wage rate), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. NADCA GENERAL SPECIFICATIONS FOR THE CLEANING OF COMMERCIAL HEATING, VENTILATING AND AIR CONDITIONING SYSTEMS National Air Duct Cleaners Association 1518 K Street, N.W. Suite 503 Washington, DC 20005 (202) 737-2926 • Fax (202) 347-8847 info@nadca.com • www.nadca.com INTRODUCTION This recommended General Specification was prepared by the National Air Duct Cleaners Association (NADCA). It describes the minimum requirements necessary to coordinate a successful commercial HVAC system-cleaning project. This document was created for use by building owners, managers and engineers in the development of cleaning specifications applicable to a certain building or group of buildings. Therefore, this document must be modified to accurately account for the unique system variations within an individual building. This specification is written as an owner’s specification, however, substitutions may be made by inserting “mechanical contractor,” “general contractor,” or “architect,” where designated in boldface type. The use of this specification in and of itself is no guarantee of a successful project. Sufficient coordination by the owner, including the selection of a qualified contractor, is as equally important as a good specification. This document was created for projects performed in the United States of America. For projects outside of the U.S.A., users of this specification are advised to consult applicable laws, standards and regulations of their country to ensure that the contents of this specification do not conflict with such statutes. For more information about HVAC system cleaning, please contact: National Air Duct Cleaners Association 1518 K Street, N.W. Suite 503 Washington, DC 20005 (202) 737-2926 Fax (202) 347-8847 info@nadca.com www.nadca.com DISCLAIMER This sample specification was developed by the National Air Duct Cleaners Association (NADCA) and is intended to provide information and general guidance regarding the acceptable criteria for performing commercial HVAC system cleaning. The guidelines are based on standard industry practices, but are not intended to be either exhaustive or inclusive of all pertinent requirements. The provisions included are not intended to be directed to any particular industry segment, product, method or contractor; nor do they purport to address or satisfy all possible legal requirements. The sample specification is offered WITHOUT WARRANTY, EITHER EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER. Following the specification does not ensure compliance with any federal, state or local regulations, nor safe, satisfactory, or complete performance of HVAC system cleaning. The specification is not intended to provide specific advice, legal or otherwise, on particular methods or agreements between contractors and owners of buildings. Users are cautioned that the information upon which this specification is based is subject to change, which may invalidate any or all of the comments contained herein. In preparing project specifications, NADCA strongly recommends that users of this specification consult with their own legal and technical advisors, their suppliers, and other appropriate sources (including but not limited to technical standards on duct cleaning and related activities, product technical bulletins or sales literature, and government building codes and standards) which contain information about performance criteria for duct work and associated building systems, and modify the sample specification accordingly. NADCA, its members, and contributors assume no responsibility for the user's compliance with any applicable laws and regulations, nor for any persons relying on the information contained in this sample specification. © Copyright by NADCA 2004, Washington, D.C. No part of this document may be reproduced, electronically or in paper copy, for commercial sale without the express written permission of NADCA. Users are welcome to reproduce and modify this document to suit their own purposes for use on specific projects. All other rights reserved. NADCA General Specifications Contents Part 1 -- Special Provisions 1.01 Qualification of the HVAC System Cleaning Contractor (A) Membership (B) Certification (C) Supervisor Qualifications (D) Experience (E) Equipment, Materials and Labor (F) Licensing 1.02 Standards (A) NADCA Standards 1.03 Documents (A) Mechanical Drawings Part 2 -- HVAC System Cleaning Specifications and Requirements 2.01 Scope of Work (A) Scope 2.02 HVAC System Inspections and Site Preparations (A) HVAC System Evaluation (B) Site Evaluation and Preparations (C) Inspector Qualifications 2.03 General HVAC System Cleaning Requirements (A) Containment (B) Particulate Collection (C) Controlling Odors (D) Component Cleaning (E) Air-Volume Control Devices (F) Service Openings (G) Ceiling sections (tile) (H) Air distribution devices (registers, grilles & diffusers) (I) Air handling units, terminal units, blowers and exhaust fans (J) Duct Systems 2.04 Health and Safety (A) Safety Standards (B) Occupant Safety (C) Disposal of Debris 2.05 Mechanical Cleaning Methodology (A) Source Removal Cleaning Methods (B) Methods of Cleaning Fibrous Glass Insulated Components (C) Damaged Fibrous Glass Material (D) Cleaning of coils (E) Biocidal Agents and Coatings 2.06 Cleanliness Verification (A) General (B) Visual Inspection (C) Verification of Coil Cleaning 2.07 Pre-existing System Damage 2.08 Post-project Report 2.09 Applicable Standards and Publications NADCA General Specifications Part 1 -- Special Provisions 1.01 Qualification of the HVAC System Cleaning Contractor (A) Membership: The HVAC system cleaning contractor shall be a certified member of the National Air Duct Cleaners Association (NADCA), or shall maintain membership in a nationally recognized non-profit industry organization dedicated to the cleaning of HVAC systems. (B) Certification: The HVAC system cleaning contractor shall have a minimum of one (1) Air System Cleaning Specialist (ASCS) certified by NADCA on a full time basis, or shall have staff certified by a nationally recognized certification program and organization dedicated to the cleaning of HVAC systems. (C) Supervisor Qualifications: A person certified as an ASCS by NADCA, or maintaining an equivalent certification by a nationally recognized program and organization, shall be responsible for the total work herein specified. (D) Experience: The HVAC system cleaning contractor shall submit records of experience in the field of HVAC system cleaning as requested by the owner. Bids shall only be considered from firms which are regularly engaged in HVAC system maintenance with an emphasis on HVAC system cleaning and decontamination. (E) Equipment, Materials and Labor: The HVAC system cleaning contractor shall possess and furnish all necessary equipment, materials and labor to adequately perform the specified services. 1. The contractor shall assure that its employees have received safety equipment training, medical surveillance programs, individual health protection measures, and manufacturer’s product and material safety data sheets (MSDS) as required for the work by the U.S. Occupational Safety and Health Administration, and as described by this specification. For work performed in countries outside of the U.S.A., contractors should comply with applicable national safety codes and standards. 2. The contractor shall maintain a copy of all current MSDS documentation and safety certifications at the site at all times, as well as comply with all other site documentation requirements of applicable OSHA programs and this specification 3. Contractor shall submit to the owner all Material Safety Data Sheets (MSDS) for all chemical products proposed to be used in the cleaning process. (F) Licensing: The HVAC system cleaning contractor shall provide proof of maintaining the proper license(s), if any, as required to do work in this state. Contractor shall comply with all Federal, state and local rules, regulations, and licensing requirements. 1.02 Standards (A) NADCA Standards: The HVAC system cleaning contractor shall perform the services specified here in accordance with the current published standards of the National Air Duct Cleaners Association (NADCA). 1. All terms in this specification shall have their meaning defined as stated in the NADCA Standards. 2. NADCA Standards must be followed with no modifications or deviations being allowed. 1.03 Documents (A) Mechanical Drawings: The owner shall provide the HVAC system cleaning contractor with one copy of the following documents: 1. Project drawings and specifications. 2. Approved construction revisions pertaining to the HVAC system. 3. Any existing indoor air quality (IAQ) assessments or environmental reports prepared for the facility. Part 2 -- HVAC System Cleaning Specifications and Requirements 2.01 Scope of Work (A) Scope: This section defines the minimum requirements necessary to render HVAC components clean, and to verify the cleanliness through inspection and/or testing in accordance with items specified herein and applicable NADCA Standards. The Contractor shall be responsible for the removal of visible surface contaminants and deposits from within the HVAC system in strict accordance with these specifications. The HVAC system includes any interior surface of the facility’s air distribution system for conditioned spaces and/or occupied zones. This includes the entire heating, air-conditioning and ventilation system from the points where the air enters the system to the points where the air is discharged from the system. The return air grilles, return air ducts to the air handling unit (AHU), the interior surfaces of the AHU, mixing box, coil compartment, condensate drain pans, humidifiers and dehumidifiers, supply air ducts, fans, fan housing, fan blades, air wash systems, spray eliminators, turning vanes, filters, filter housings, reheat coils, and supply diffusers are all considered part of the HVAC system. The HVAC system may also include other components such as dedicated exhaust and ventilation components and make-up air systems. Note: Users of this specification must modify the above paragraph to succinctly and specifically define those systems and components requiring cleaning. 2.02 HVAC System Component Inspections and Site Preparations (A) HVAC System Component Inspections: Prior to the commencement of any cleaning work, the HVAC system cleaning contractor shall perform a visual inspection of the HVAC system to determine appropriate methods, tools, and equipment required to satisfactorily complete this project. The cleanliness inspection should include air handling units and representative areas of the HVAC system components and ductwork. In HVAC systems that include multiple air handling units, a representative sample of the units should be inspected. The cleanliness inspection shall be conducted without negatively impacting the indoor environment through excessive disruption of settled dust, microbial amplification or other debris. In cases where contamination is suspected, and/or in sensitive environments where even small amounts of contaminant may be of concern, environmental engineering control measures should be implemented 1. Damaged system components found during the inspection shall be documented and brought to the attention of the owner. (B) Site Evaluation and Preparations: Contractor shall conduct a site evaluation, and establish a specific, coordinated plan which details how each area of the building will be protected during the various phases of the project. (C) Inspector Qualifications: Qualified personnel should perform the HVAC cleanliness inspection to determine the need for cleaning. At minimum, such personnel should have an understanding of HVAC system design, and experience in utilizing accepted indoor environmental sampling practices, current industry HVAC cleaning procedures, and applicable industry standards. 2.03 General HVAC System Cleaning Requirements (A) Containment: Debris removed during cleaning shall be collected and precautions must be taken to ensure that Debris is not otherwise dispersed outside the HVAC system during the cleaning process. (B) Particulate Collection: Where the Particulate Collection Equipment is exhausting inside the building, HEPA filtration with 99.97% collection efficiency for 0.3-micron size (or greater) particles shall be used. When the Particulate Collection Equipment is exhausting outside the building, Mechanical Cleaning operations shall be undertaken only with Particulate Collection Equipment in place, including adequate filtration to contain Debris removed from the HVAC system. When the Particulate Collection Equipment is exhausting outside the building, precautions shall be taken to locate the equipment down wind and away from all air intakes and other points of entry into the building. (C) Controlling Odors: Measures shall be employed to control odors and/or mist vapors during the cleaning process. (D) Component Cleaning: Cleaning methods shall be employed such that all HVAC system components must be Visibly Clean as defined in applicable standards (see NADCA Standards). Upon completion, all components must be returned to those settings recorded just prior to cleaning operations. (E) Air-Volume Control Devices: Dampers and any air-directional mechanical devices inside the HVAC system must have their position marked prior to cleaning and, upon completion, must be restored to their marked position. (F) Service Openings: The contractor shall utilize service openings, as required for proper cleaning, at various points of the HVAC system for physical and mechanical entry, and inspection. 1. Contractor shall utilize the existing service openings already installed in the HVAC system where possible. 2. Other openings shall be created where needed and they must be created so they can be sealed in accordance with industry codes and standards. 3. Closures must not significantly hinder, restrict, or alter the airflow within the system. 4. Closures must be properly insulated to prevent heat loss/gain or condensation on surfaces within the system. 5. Openings must not compromise the structural integrity of the system. 6. Construction techniques used in the creation of openings should conform to requirements of applicable building and fire codes, and applicable NFPA, SMACNA and NADCA Standards. 7. Cutting service openings into flexible duct is not permitted. Flexible duct shall be disconnected at the ends as needed for proper cleaning and inspection. 8. Rigid fiber glass duct systems shall be resealed in accordance with NAIMA recommended practices. Only closure techniques that comply with UL Standard 181 or UL Standard 181a are suitable for fiber glass duct system closures. 9. All service openings capable of being re-opened for future inspection or remediation shall be clearly marked and shall have their location reported to the owner in project report documents. (G) Ceiling sections (tile): The contractor may remove and reinstall ceiling sections to gain access to HVAC systems during the cleaning process. (H) Air distribution devices (registers, grilles & diffusers): The contractor shall clean all air distribution devices. (I) Air handling units, terminal units (VAV, Dual duct boxes, etc.), blowers and exhaust fans: The contractor shall insure that supply, return, and exhaust fans and blowers are thoroughly cleaned. Areas to be cleaned include blowers, fan housings, plenums (except ceiling supply and return plenums), scrolls, blades, or vanes, shafts, baffles, dampers and drive assemblies. All visible surface contamination deposits shall be removed in accordance with NADCA Standards. Contractor shall: 1. Clean all air handling units (AHU) internal surfaces, components and condensate collectors and drains. 2. Assure that a suitable operative drainage system is in place prior to beginning wash down procedures. 3. Clean all coils and related components, including evaporator fins. (J) Duct Systems. Contractor shall: 1. Create service openings in the system as necessary in order to accommodate cleaning of otherwise inaccessible areas. 2. Mechanically clean all duct systems to remove all visible contaminants, such that the systems are capable of passing Cleaning Verification Tests (see NADCA Standards). 2.04 Health and Safety (A) Safety Standards: Cleaning contractors shall comply with applicable federal, state, and local requirements for protecting the safety of the contractor’s employees, building occupants, and the environment. In particular, all applicable standards of the Occupational Safety and Health Administration (OSHA) shall be followed when working in accordance with this specification. (B) Occupant Safety: No processes or materials shall be employed in such a manner that they will introduce additional hazards into occupied spaces. (C) Disposal of Debris: All Debris removed from the HVAC System shall be disposed of in accordance with applicable federal, state and local requirements. 2.05 Mechanical Cleaning Methodology (A) Source Removal Cleaning Methods: The HVAC system shall be cleaned using Source Removal mechanical cleaning methods designed to extract contaminants from within the HVAC system and safely remove contaminants from the facility. It is the contractor’s responsibility to select Source Removal methods that will render the HVAC system Visibly Clean and capable of passing cleaning verification methods (See applicable NADCA Standards) and other specified tests, in accordance with all general requirements. No cleaning method, or combination of methods, shall be used which could potentially damage components of the HVAC system or negatively alter the integrity of the system. 1. All methods used shall incorporate the use of vacuum collection devices that are operated continuously during cleaning. A vacuum device shall be connected to the downstream end of the section being cleaned through a predetermined opening. The vacuum collection device must be of sufficient power to render all areas being cleaned under negative pressure, such that containment of debris and the protection of the indoor environment are assured. 2. All vacuum devices exhausting air inside the building shall be equipped with HEPA filters (minimum efficiency), including hand-held vacuums and wet-vacuums. 3. All vacuum devices exhausting air outside the facility shall be equipped with Particulate Collection including adequate filtration to contain Debris removed from the HVAC system. Such devices shall exhaust in a manner that will not allow contaminants to re-enter the facility. Release of debris outdoors must not violate any outdoor environmental standards, codes or regulations. 4. All methods require mechanical agitation devices to dislodge debris adhered to interior HVAC system surfaces, such that debris may be safely conveyed to vacuum collection devices. Acceptable methods will include those, which will not potentially damage the integrity of the ductwork, nor damage porous surface materials such as liners inside the ductwork or system components. (B) Methods of Cleaning Fibrous Glass Insulated Components 1. Fibrous glass thermal or acoustical insulation elements present in any equipment or ductwork shall be thoroughly cleaned with HEPA vacuuming equipment, while the HVAC system is under constant negative pressure, and not permitted to get wet in accordance with applicable NADCA and NAIMA standards and recommendations. 2. Cleaning methods used shall not cause damage to fibrous glass components and will render the system capable of passing Cleaning Verification Tests (see NADCA Standards). (C) Damaged Fibrous Glass Material 1. Evidence of damage: If there is any evidence of damage, deterioration, delaminating, friable material, mold or fungus growth, or moisture such that fibrous glass materials cannot be restored by cleaning or resurfacing with an acceptable insulation repair coating, they shall be identified for replacement. 2. Replacement: When requested or specified, Contractor must be capable of remediating exposed damaged insulation in air handlers and/or ductwork requiring replacement. 3. Replacement material: In the event fiber glass materials must be replaced, all materials shall conform to applicable industry codes and standards, including those of UL and SMACNA. Replacement of damaged insulation is not covered by this specification. (D) Cleaning of coils 1. Any cleaning method may be used which will render the Coil Visibly Clean and capable of passing Coil Cleaning Verification (see applicable NADCA Standards). Coil drain pans shall be subject to Non-Porous Surfaces Cleaning Verification. The drain for the condensate drain pan shall be operational. Cleaning methods shall not cause any appreciable damage to, displacement of, inhibit heat transfer, or erosion of the coil surface or fins, and shall conform to coil manufacturer recommendations when available. Coils shall be thoroughly rinsed with clean water to remove any latent residues. (E) Antimicrobial Agents and Coatings 1. Antimicrobial agents shall only be applied if active fungal growth is reasonably suspected, or where unacceptable levels of fungal contamination have been verified through testing. 2. Application of any antimicrobial agents used to control the growth of fungal or bacteriological contaminants shall be performed after the removal of surface deposits and debris. 3. When used, antimicrobial treatments and coatings shall be applied in strict accordance with the manufacturer’s written recommendations and EPA registration listing. 4. Antimicrobial coatings shall be applied according to the manufacturer’s written instructions. Coatings shall be sprayed directly onto interior ductwork surfaces, rather than “fogged” downstream onto surfaces. 2.06 Cleanliness Verification (A) General: Verification of HVAC System cleanliness will be determined after mechanical cleaning and before the application of any treatment or introduction of any treatment-related substance to the HVAC system, including biocidal agents and coatings. (B) Visual Inspection: The HVAC system shall be inspected visually to ensure that no visible contaminants are present. 1. If no contaminants are evident through visual inspection, the HVAC system shall be considered clean; however, the owner reserves the right to further verify system cleanliness through Surface Comparison Testing or the NADCA vacuum test specified in the NADCA standards. 2. If visible contaminants are evident through visual inspection, those portions of the system where contaminants are visible shall be re-cleaned and subjected to re-inspection for cleanliness. 3. NADCA vacuum test analysis should be performed by a qualified third party experienced in testing of this nature. (C) Verification of Coil Cleaning 1. Cleaning must restore the coil pressure drop to within 10 percent of the pressure drop measured when the coil was first installed. If the original pressure drop is not known, the coil will be considered clean only if the coil is free of foreign matter and chemical residue, based on a thorough visual inspection (see NADCA Standards). 2.07 Pre-existing System Damage (A) Contractor is not responsible for problems resulting from prior inappropriate or careless cleaning techniques of others. 2.08 Post-project Report (A) At the conclusion of the project, the Contractor shall provide a report to the owner indicating the following: 1. Success of the cleaning project, as verified through visual inspection and/or gravimetric analysis. 2. Areas of the system found to be damaged and/or in need of repair. 2.09 Applicable Standards and Publications: The following current standards and publications of the issues currently in effect form a part of this specification to the extent indicated by any reference thereto: (A) National Air Duct Cleaners Association (NADCA): “Assessment, Cleaning & Restoration of HVAC Systems (ACR 2005),” 2004. (B) National Air Duct Cleaners Association (NADCA): “Understanding Microbial Contamination in HVAC Systems,” 1996. (C) National Air Duct Cleaners Association (NADCA): “Introduction to HVAC System Cleaning Services,” 2004. (D) National Air Duct Cleaners Association (NADCA): Standard 05 “Requirements for the Installation of Service Openings in HVAC Systems,” 2004. (E) Underwriters’ Laboratories (UL): UL Standard 181. (F) American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE): Standard 62-89, "Ventilation for Acceptable Indoor Air Quality". (G) Environmental Protection Agency (EPA): "Building Air Quality," December 1991. (H) Sheet Metal and Air Conditioning Contractors' National Association (SMACNA): “HVAC Duct Construction Standards - Metal and Flexible,” 1985. (I) North American Insulation Manufacturers Association (NAIMA): "Cleaning Fibrous Glass Insulated Air Duct Systems," 1993.
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