FBODaily.com | FedBizOpps: MOD | S | Landscaping, PTWD, Ewa Beach, HI - SF 18

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 10, 2013 FBO #4124
MODIFICATION

S -- Landscaping, PTWD, Ewa Beach, HI - SF 18

Notice Date: 3/8/2013
Notice Type: Modification/Amendment
NAICS: 561730 — Landscaping Services
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office, SSMC2 - 11th floor /OFA61, 1325 East West Highway, 11th Floor, Silver Spring, Maryland, 20910, United States
ZIP Code: 20910
Solicitation Number: NWWW0000-13-00781CE
Archive Date: 3/16/2013
Point of Contact: Clifford C. Edwards, Phone: 3034976335
E-Mail Address: clifford.c.edwards@noaa.gov
(clifford.c.edwards@noaa.gov)
Small Business Set-Aside: Total Small Business
Description: Corrected SF-18 with corrected Period of Performace COMBINED SYNOPSIS/SOLICITATION Pacific Tsunami Warning Center, (PTWC), located at EWA Beach, HI (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ NWWW0000-13-00781CE (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-¬¬64 (IV) This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 561730. The small business size standard is $7.0M. (V) This combined solicitation/synopsis is for purchase of the following commercial services: CLIN 0001 - Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for Landscaping Services for Pacific Tsunami Warning Center, (PTWC), located at EWA Beach, HI in accordance with the statement of work for the period of 10 months. (VI) Description of requirements is as follows: See attached statement of work which applies to Base Year, and Department of Labor Wage Rates: WD 2005-2153, Revision No. 16, dated 06/13/2012 which can be found on www.wdol.gov. (VII) Period of performance shall be: April 1, 2013 through March 30, 2014 (VIII) ) FAR 52.212-1, Instructions to Offerors -- Commercial Items (Feb 2012), applies to this acquisition. The offerer will submit quote on attached SF-18, or any format as long as it includes: 1.) Item Number 2.) Service to be preformed 3.) Quantity 4.) Unit of Issue 5.) Price 6.) Total Price Pre-Bid. The Government is planning a Site Visit on Monday, March 11, 2013 at 1:00 PM at the Pacific Tsunami Warning Center, (PTWC), 91-270-Fort Weaver Road, Ewa Beachm, HI 96706 Hawaii local time. It is suggested that you attend the Site Visit but not required. To request to be included in this, please call, Katy Reano at 808-532-6438 or e-mail katy.reano@noaa.gov also you may contact Roger Gernold, at 808-792-4318 roger.gernold@noaa.gov. (IX) FAR 52.212-2 FAR 52.212-2, Evaluation - Commercial Items (Jan 1999), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a), and award will be made to the firm offering the best value to the Government. Paragraph (a) is hereby completed as follows: Evaluation will be based on 1) Past Performance - quote shall include two references including the phone number, full address and email (if available) and contractor's past performance will be based on responsiveness, quality, and customer services and 2) Price. The Government intends to award a firm-fixed price purchase order on an all or none basis. (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Apr 2011), with its quote. The offeror shall complete the annual representations and certifications electronically at http://orca.bpn.gov (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (FEB 2012) applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2013) applies to this acquisition. The following clauses under subparagraph (b) apply: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Effective March 1, 2011). (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (22) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (July 2010) (E.O. 13126). (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (25) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (33) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). (34) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). (35)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (37) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (42) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). The following clauses under subparagraph (c) apply: (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) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). (XIII) The following clauses are also applicable to this acquisition: 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-2 Clauses Incorporated By Reference (Feb 1998). This contract incorporates on 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 address: https://www.acquisition.gov/far/index.html (End of Clause) The following additional FAR terms and conditions apply: 52.214-34, Submission of Offers in the English Language (Apr 1991) 52.214-35, Submission of Offer in U.S. Currency (Apr 1991) 52.217-5, Evaluation of Options (July 1990) 52.217-8, Option to Extend Services (Nov 1999) 52.217-9, Option to Extend the Term of the Contract (Mar 2000) 52.223-1, Biobased Product Certification. (Dec 2007) 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Dec 2007) 52.223-3, Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-10, Waste Reduction Program (Aug 2000) 52.228-5, Insurance - Work on a Government Installation (Jan 1997) 52.232-19, Availability of Funds for the Next Fiscal Year (Apr 1984) 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)\ The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. (End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 60 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of Clause) 52.242-15 Stop-Work Order Department of Commerce Clauses: 1352.201-70, Contracting Officer's Authority (Apr 2010). The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. 1352.237-71 Security processing requirements-low risk contracts. Security Processing Requirements-Low Risk Contracts (APR 2010) (a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. (b) Investigative requirements for Non-IT Service Contracts are: (1) Contracts more than 180 days-National Agency Check and Inquiries (NACI). (2) Contracts less than 180 days-Special Agency Check (SAC). (c) Investigative requirements for IT Service Contracts are: (1) Contracts more than 180 days-National Agency Check and Inquiries (NACI). (2) Contracts less than 180 days-National Agency Check and Inquiries (NACI). (d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check. (e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have: (1) Official legal status in the United States; (2) Continuously resided in the United States for the last two years; and (3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters. (f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows: (1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting. (2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing. (3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site. (4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN). (5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification. (6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility ( i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date. (g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts. (1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM. (2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC. (h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons: (1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude. (2) Falsification of information entered on security screening forms or of other documents submitted to the Department. (3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract. (4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets. (i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems. (j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information. (k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts. (End of clause) [75 FR 10570, Mar. 8, 2010; 75 FR 14496, Mar. 26, 2010] FAR 52.204-07 (DEVIATION) Insert the following clause in all solicitations and contracts except for awards using the Government wide purchase card (GPC) as the method of payment. 52.204-99 System for Award Management Registration (Class Deviation from 52.204-7) (September 2012) (DEVIATION) (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office. (b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A Contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time, for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 1-866-606-8220 or 334-206-7828 for international calls. (End of Clause) OMBINED SYNOPSIS/SOLICITATION Pacific Tsunami Warning Center, (PTWC), located at EWA Beach, HI (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ NWWW0000-13-00781CE (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-¬¬64 (IV) This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 561730. The small business size standard is $7.0M. (V) This combined solicitation/synopsis is for purchase of the following commercial services: CLIN 0001 - Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for Landscaping Services for Pacific Tsunami Warning Center, (PTWC), located at EWA Beach, HI in accordance with the statement of work for the period of 10 months. (VI) Description of requirements is as follows: See attached statement of work which applies to Base Year, and Department of Labor Wage Rates: WD 2005-2153, Revision No. 16, dated 06/13/2012 which can be found on www.wdol.gov. (VII) Period of performance shall be: April 1, 2013 through December 31, 2013 (VIII) ) FAR 52.212-1, Instructions to Offerors -- Commercial Items (Feb 2012), applies to this acquisition. The offerer will submit quote on attached SF-18, or any format as long as it includes: 1.) Item Number 2.) Service to be preformed 3.) Quantity 4.) Unit of Issue 5.) Price 6.) Total Price Pre-Bid. The Government is planning a Site Visit on Monday, March 11, 2013 at 1:00 PM at the Pacific Tsunami Warning Center, (PTWC), 91-270-Fort Weaver Road, Ewa Beachm, HI 96706 Hawaii local time. It is suggested that you attend the Site Visit but not required. To request to be included in this, please call, Katy Reano at 808-532-6438 or e-mail katy.reano@noaa.gov also you may contact Roger Gernold, at 808-792-4318 roger.gernold@noaa.gov. (IX) FAR 52.212-2 FAR 52.212-2, Evaluation - Commercial Items (Jan 1999), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a), and award will be made to the firm offering the best value to the Government. Paragraph (a) is hereby completed as follows: Evaluation will be based on 1) Past Performance - quote shall include two references including the phone number, full address and email (if available) and contractor's past performance will be based on responsiveness, quality, and customer services and 2) Price. The Government intends to award a firm-fixed price purchase order on an all or none basis. (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Apr 2011), with its quote. The offeror shall complete the annual representations and certifications electronically at http://orca.bpn.gov (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (FEB 2012) applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2013) applies to this acquisition. The following clauses under subparagraph (b) apply: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Effective March 1, 2011). (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (22) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (July 2010) (E.O. 13126). (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (25) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (33) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). (34) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). (35)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (37) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (42) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). The following clauses under subparagraph (c) apply: (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) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). (XIII) The following clauses are also applicable to this acquisition: 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-2 Clauses Incorporated By Reference (Feb 1998). This contract incorporates on 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 address: https://www.acquisition.gov/far/index.html (End of Clause) The following additional FAR terms and conditions apply: 52.214-34, Submission of Offers in the English Language (Apr 1991) 52.214-35, Submission of Offer in U.S. Currency (Apr 1991) 52.217-5, Evaluation of Options (July 1990) 52.217-8, Option to Extend Services (Nov 1999) 52.217-9, Option to Extend the Term of the Contract (Mar 2000) 52.223-1, Biobased Product Certification. (Dec 2007) 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Dec 2007) 52.223-3, Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-10, Waste Reduction Program (Aug 2000) 52.228-5, Insurance - Work on a Government Installation (Jan 1997) 52.232-19, Availability of Funds for the Next Fiscal Year (Apr 1984) 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)\ The Government may require continued performance of any services within thelimits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. (End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 60 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of Clause) 52.242-15 Stop-Work Order Department of Commerce Clauses: 1352.201-70, Contracting Officer's Authority (Apr 2010). The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. 1352.237-71 Security processing requirements-low risk contracts. Security Processing Requirements-Low Risk Contracts (APR 2010) (a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. (b) Investigative requirements for Non-IT Service Contracts are: (1) Contracts more than 180 days-National Agency Check and Inquiries (NACI). (2) Contracts less than 180 days-Special Agency Check (SAC). (c) Investigative requirements for IT Service Contracts are: (1) Contracts more than 180 days-National Agency Check and Inquiries (NACI). (2) Contracts less than 180 days-National Agency Check and Inquiries (NACI). (d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check. (e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have: (1) Official legal status in the United States; (2) Continuously resided in the United States for the last two years; and (3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters. (f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows: (1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting. (2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing. (3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site. (4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN). (5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification. (6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility ( i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date. (g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts. (1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM. (2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC. (h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons: (1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude. (2) Falsification of information entered on security screening forms or of other documents submitted to the Department. (3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract. (4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets. (i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems. (j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information. (k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts. (End of clause) [75 FR 10570, Mar. 8, 2010; 75 FR 14496, Mar. 26, 2010] FAR 52.204-07 (DEVIATION) Insert the following clause in all solicitations and contracts except for awards using the Government wide purchase card (GPC) as the method of payment. 52.204-99 System for Award Management Registration (Class Deviation from 52.204-7) (September 2012) (DEVIATION) (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office. (b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A Contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time, for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 1-866-606-8220 or 334-206-7828 for international calls. (End of Clause) PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)(AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End Clause) (XIV) Defense Priorities and Allocations System (DPAS) and assigned rating do not apply. (XV) Quotes are required to be received in the contracting office no later than 3:00 P.M. Mountain Standard Time on March 15, 2013. All quotes must be faxed or emailed to the attention of Clifford Edwards. The fax number is 303-497-6984 and the email address is clifford.c.edwards@noaa.gov. (XVI) Any questions regarding this solicitation should be directed to Clifford Edwards through the email address: clifford.c.edwards@noaa.gov or fax: 303-497-6984.
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Place of Performance: Address: Pacific Tsunami Warning Center, (PTWC), 91-270 Fort Weaver Road, Ewa Beach, Hawaii, 96706, United States; Zip Code: 96706
Record: SN03007716-W 20130310/130308234618-f7b65d0bfb3eed96048673093b697d3d (fbodaily.com)
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