FBODaily.com | FedBizOpps: PRESOL | S | PROVIDE JANITORIAL SERVICES FOR THE NATIONAL MARINE FISHERIES SERVICE IN NEWPORT, OREGON - SCA PREVAILING WAGES - SF-18

FBO DAILY - FEDBIZOPPS ISSUE OF NOVEMBER 29, 2013 FBO #4388
SOLICITATION NOTICE

S -- PROVIDE JANITORIAL SERVICES FOR THE NATIONAL MARINE FISHERIES SERVICE IN NEWPORT, OREGON - SCA PREVAILING WAGES - SF-18

Notice Date: 11/27/2013
Notice Type: Combined Synopsis/Solicitation
NAICS: 561720 — Janitorial Services
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Region Acquisition Division, 7600 Sand Point Way, Northeast, Seattle, Washington, 98115-6349
ZIP Code: 98115-6349
Solicitation Number: AB133F-14-RQ-0050
Archive Date: 12/27/2013
Point of Contact: Randall Brown, Phone: (206) 526-6226
E-Mail Address: randall.w.brown@noaa.gov
(randall.w.brown@noaa.gov)
Small Business Set-Aside: Total Small Business
Description: SF-18 SHEET SERVICE CONTRACT ACT PREVAILING WAGES JANITORIAL SERVICES AT NMFS, NEWPORT, OR (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; quotations 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 Number AB133F-13-RQ-0050. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-70. (IV) This solicitation is total small business set aside. The associated NAICS code is 561720. The small business size standard is $16.5M. (V) This combined solicitation/synopsis is for purchase of the following commercial services: Line Item 0001 - Base Year; Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services at the National Marine Fisheries Service (NMFS), located in Newport, OR, in accordance with the statement of work for the period of twelve months. Line Item 1001 - Option Year 1; Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services at the National Marine Fisheries Service (NMFS), located in Newport, OR, in accordance with the statement of work for the period of twelve months. Line Item 2001 - Option Year 2; Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services at the National Marine Fisheries Service (NMFS), located in Newport, OR, in accordance with the statement of work for the period of twelve months. Line Item 3001 - Option Year 3; Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for janitorial services at the National Marine Fisheries Service (NMFS), located in Newport, OR, in accordance with the statement of work for the period of twelve months. (VI) Description of requirements is as follows: See attached Statement of Work and Department of Labor Wage Rates: WD 05-2439, Revision No. 14, dated 06/19/2013, which can be found on: www.wdol.gov and as an attachment to this request for quotation. (VII) Period of performance shall be: Base Year Period: 1/1/2014 through 12/31/2014. Option Year 1 Period: 1/1/2015 through 12/31/2015. Option Year 2 Period: 1/1/2016 through 12/31/2016. Option Year 3 Period: 1/1/2017 through 12/31/2017. (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (JUL 2013), applies to this acquisition. This is a best value acquisition. The offerer will submit a quotation for the items in Section (V). NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the quoter. In addition to written price quotes, offers are instructed to provide: 1. Quotes shall be fully executed and returned on the Standard Form (SF) 18 and any acknowledgements of solicitation amendments on the SF 30. 2. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable and can be sent to randall.w.brown@noaa.gov. 3. At a minimum the contractor shall provide the following information: a) Point of contact name, telephone and E-mail address. b) DUNS Number 4. Provide all evaluation criteria in accordance with 52.212-2 in this package. 5. Complete and return Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) with quote. SITE VISIT To request a site visit, contact Rick Brown, Phone: 541-867-0522 E-Mail: rick.brown@noaa.gov with at least 24 hours prior notice is requested. Location: NATIONAL MARINE FISHERIES SERVICE NEWPORT RESEARCH STATION 2032 S.E. OSU DRIVE NEWPORT, OR 97365 OFFERORS OR QUOTERS ARE URGED AND EXPECTED TO INSPECT THE SITE WHERE SERVICES ARE TO BE PERFORMED AND TO SATISFY THEMSELVES REGARDING ALL GENERAL AND LOCAL CONDITIONS THAT MAY AFFECT THE COST OF CONTRACT PERFORMANCE, TO THE EXTENT THAT THE INFORMATION IS REASONABLY OBTAINABLE. IN NO EVENT SHALL FAILURE TO INSPECT THE SITE CONSTITUTE GROUNDS FOR A CLAIM AFTER CONTRACT AWARD. (IX) 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 will award a firm fixed-price purchase order award with payment terms of Net 30. 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. Paragraph (a) is hereby completed as follows: Evaluation will be based on 1) Past Performance - quote shall include at least two references for similar services including the phone number, full address and E-mail address (if available), and contractor's past performance will be based on responsiveness, quality, and customer services and 2) Price, as well as paragraph 8 of the statement of work attached. NOAA may consider additional sources of past performance in addition to references provided in accordance with FAR 13.106-2. (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. (End of provision) (X) FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Nov 2013) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (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. "Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "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. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service- connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Subsidiary" means an entity in which more than 50 per- cent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "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. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM 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 (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract 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 ❏ is, ❏ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ❏ is, ❏ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it ❏ is, ❏ is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it ❏ is, ❏ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ❏ is, ❏ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women- owned small business concern in paragraph (c)(5) of this pro- vision.] The offeror represents that- (i) It ❏ is,❏ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It ❏ is, ❏ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It ❏ is, ❏ is not an EDWOSB concern, has pro- vided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It ❏ is, ❏ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. NOTE: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ❏ is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first- tier subcontractors) amount to more than 50 percent of the contract price:_____________________ (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjust- ment 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 ❏ is, ❏ 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 SAM Dynamic Small Business Search database maintained by the Small Business Administration, 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 ❏ has, ❏ 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) ❏ 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)(10)(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_______________________.] (11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It ❏ is, ❏ is not a HUBZone small business con- cern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It ❏ is, ❏ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______________________________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246-(1) Previous contracts and compliance. The offeror represents that- (i) It ❏ has, ❏ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It ❏ has, ❏ has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It ❏ has developed and has on file, ❏ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It ❏ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American 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 for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American 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 for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American 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, Moroccan, Omani, Panamanian, or Peruvian 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, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.Country of Origin _________________________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No.Country of Origin _________________________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) ❏ Are, ❏ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) ❏ Have, ❏ have not, within a three-year period pre- ceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) ❏ Are, ❏ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) ❏ Have, ❏ have not, within a three-year period pre- ceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquentif both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End ProductListed 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) ❏ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ❏ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract 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 ❏ does ❏ does not certify that- (i)The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii)The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii) for the maintenance, calibration, or repair of such equipment; and (iii)The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services described in FAR 22.1003-4(d0(1). The offeror ❏ does ❏ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract 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) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(C)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). ❏TIN: ❏TIN has been applied for. ❏TIN is not required because: ❏ Offeror is a nonresident alien, foreign corporation, or a foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ❏Offeror is an agency or instrumentality of a foreign government; ❏Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ❏ Sole proprietorship; ❏ Partnership; ❏Corporate entity (not tax-exempt); ❏Corporate entity (tax-exempt); ❏Government entity (Federal, State, or local); ❏Foreign government; ❏International organization per 26 CFR 1.6049-4; ❏Other. (5) Common parent. ❏Offeror is not owned or controlled by a common parent; ❏Name and TIN of common parent: Name _. TIN _. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations.(1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii)Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Sep 2013) 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 (Nov 2013) applies to this acquisition. The following clauses under subparagraph (b) apply: (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (12) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (26) 52.222-3, Convict Labor (June 2003) (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 201) (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (29) 52.222-26, Equal Opportunity (Mar 2007) (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (40) 52.225-3, Buy American Act-Free Trade Agreements - Israeli Trade Act (Nov 2012) (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (47) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) The following clauses under subparagraph (c) apply: (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (XIII) The following additional FAR terms and conditions are also applicable to this acquisition: 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/index.html (End of provision) 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/ (End of Clause) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) (Reference) 52.214-34 Submission of Offers in the English Language (Apr 1991) (Reference) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) (Reference) 52.217-5, Evaluation of Options (July 1990) 52.223-1 Biobased Product Certification (May 2012) 52.223-2 Affirmative Procurement of Biobased Products in Service and Construction Contracts (Sept 2013) 52.223-3 I Hazardous Material Identification and Material Safety Data (Jan 1997) - Alternate I (Jul 1995) (Reference) 52.223-10 Waste Reduction Program (May 2011) (Reference) 52.223-17, Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008) 52.237-1 Site Visit (Apr 1984) (Reference) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) (Reference) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (Reference) 52.252-5 Authorized Deviations in Provisions (Apr 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Commerce Acquisition Regulation (CAR) (48 CFR 1352) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) 52.252-6 Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Commerce Acquisition Regulation (CAR) (48 CFR 1352) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 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, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) 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 contractor 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 contractor should indicate that it is a contractor 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 already 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 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) 52.232-99, 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 of clause) 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a firm fixed-price contract resulting from this solicitation. (End of provision) 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 15 days of the contract expiration. (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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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 five years. (End of clause) 52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984) Funds are not presently available for performance under this contract beyond June 30, 2014. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond June 30, 2014, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) Department of Commerce Clauses: Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2012) (1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) and the FY2013 Continuing Appropriations Resolution (Pub.L. 112-175, September 28, 2012, 126 Stat. 1313), none of the funds made available by Fiscal Year 2013 Continuing Resolution funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offeror represents that, as of the date of this offer- (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreements with the authority responsible for collecting the tax liability. (End of provision) _____________________________________ ______________ SIGNATURE DATE _____________________________________ PRINTED NAME AND TITLE 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. (End of clause) 1352.209-73 Compliance with the Laws (Apr 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) 1352.209-74 Organizational Conflict of Interest (Apr 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause) 1352.215-72 Inquiries (Apr 2010) Offerors must submit all questions concerning this solicitation in writing to randall.w.brown@noaa.gov. Questions should be received at least 10 days prior to closing date for quotes. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause) 1352.233-70 Agency Protests (Apr 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Randall Brown Western Acquisitions Division 7600 Sand Point Way N.E. Seattle, WA 98115-6349 FAX: 206-527-5848 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington DC 20230 FAX: 202-482-1711 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 1352.233-71 GAO and Court of Federal Claims protests (Apr 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 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) 1352.270-70 Period of performance (APR 2010) (a) The base period of performance of this contract is from January 1, 2014 through December 31, 2014. If an option is exercised, the period of performance shall be extended through the end of that option period. (b) The option periods that may be exercised are as follows: Period Start Date End Date Option Year 1 1/1/2015 12/31/2015. Option Year 2 1/1/2016 12/31/2016. Option Year 3 1/1/2017 12/31/2017. The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9. (End of 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 December 12, 2013. All quotes must be E-mailed or faxed to the attention of Randall Brown. The E-mail address is randall.w.brown@noaa.gov and the fax number is (206) 527-5848. (XVI) Any questions regarding this solicitation should be directed to randall.w.brown@noaa.gov or by fax at (206) 527-5848. &emsp; STATEMENT OF WORK NFFP7600-14-00 Janitorial Support for the NEWPORT RESEARCH SUPPORT FACILITY (RSF) 1.0Organization. 1.1The Northwest Fisheries Science Center (NWFSC) of the National Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC), is a government agency charged with the mission of stewardship for living marine resources. 2.0Background. The NWFSC's Newport Research Station is located at 2032 S.E. OSU Drive, Newport, OR 97365. This solicitation is for a vendor to furnish all labor, materials, supplies, equipment and supervision to perform the janitorial operations and services in accordance with the schedule, term, and the conditions of the contract. Services shall be performed in building 951, the Research Support Facility (RSF) at the NOAA Newport Research Station on the Hatfield Marine Science Center Campus. RSF is approximately 31,400 square feet building, has two sets of men's and women's restrooms and is a mixture of office, meeting room and laboratory spaces. General Conditions 1.Equipment and materials a.Equipment The vendor shall furnish all necessary cleaning equipment, including power driven floor scrubbing machines, waxing and polishing machines, industrial-type vacuum cleaners, and any other devices necessary for the performance of the work of this contract. Such equipment will be of the size and type customarily used in high quality commercial custodial work of this kind. When required the vendor shall furnish the Government all information concerning the equipment it contemplates using. Equipment deemed to be of improper type, design, or inadequate for the purpose intended, shall be removed from the premises and replaced with satisfactory equipment. b.Materials All materials required in the performance of the contract shall be furnished by the vendor. This will include mobs, brooms, sweeping compounds, floor wax, any cleaners, brushes, cleaning cloths, buckets, trash cans and any other cleaning supplies whether or not specifically mentioned herein. Floor wax shall be a non-slip type. The Contractors shall clearly mark all of its equipment and all cleaning supplies shall be clearly labeled with the contents of the container and that they belong to the contractor. For lavatories the vendor will provide paper towels, liquid soap, toilet tissue, batteries for automatic dispensers and all other consumable supplies for the lavatories. All Vendor supplied material shall be of good quality and suitable for the purpose. The Vendor shall fill all paper and soap dispensers each work day and ensure they are full for the next work day so there will be no interruption of services. Paper towels, toilet paper, and soap will be ordered ahead of need, and the vendor will be responsible for the proper care and storage of these materials. Lavatory supplies shall be of a quality equal to or better than the supplies provided by Oregon State University to the adjacent NOAA owned Newport Aquaculture Laboratory Bld 950 and Barry R. Fisher Building 955. 2.Storage Space Space in the Research Support Facility, RSF Room 165 will be made available to the vendor for the storage of supplies and equipment which will be used in the performance of the work of this contract. 3.Lost and Found The vendor shall be responsible for all articles found by its employees and turned in to the Supervisor/Manager. 4. Damage The Government will not be responsible in any way for damage occasioned by fire, theft, and accidents or otherwise to the Contractors stored supplies, materials, equipment or the Contractor's employee's personal belongings brought into the Government Buildings. 5. Non-interference with Business/hours of work a.The Government shall be consulted regarding the start of work so as to minimize interference with Government operations. b.The work shall be carried out in such a manner that there will not be any interruption to or interference with the proper execution of Government business between the hours of 08:00AM to 5:00PM local time Monday through Friday. c.All persons employed by the vendor to work in the Government Building shall comply with all building safety rules and all security measures as directed by the NOAA Western Regional Security Office. All employees' will be screened and must complete a security clearance prior to being allowed to work in the buildings. d.Janitorial Service will be performed five (5) days per week, Monday to Friday, between the hours of 3:00PM and 9:00PM. The only exceptions will be on Federal Government holidays. 6.Workmanship The work involved in this contract shall be accomplished by personnel regularly employed by the vendor to perform similar duties. Personnel assigned to custodial duties shall possess the necessary skills, training and experience to accomplish the work of this contract. Personnel assigned to mechanical operations shall possess the necessary licenses or credentials required to meet any local or State codes for the operation of equipment. 7.Removal of Debris, refuse, etc. The vendor shall on a daily basis remove any resultant dirt, debris, and trash collected during the process of providing custodial services to the entire building, including the emptying of all trash cans by disposing of it in the campus commercial dumpster. All recycled paper, cardboard and glass in designated recycling bins shall be taken out of the building at a minimum of once per week. At the conclusion of each day's work the vendor shall store all equipment, supplies and unused materials to leave the premises in a condition satisfactory to the Government. 8. Window Washing Service Wash windows at a minimum every 180 days, or as often as needed and at a time mutually acceptable to the Government and Contractor. Clean both sides of all exterior windows, transoms, doors and all other exterior clear glass surfaces, either movable or fixed, where these surfaces are for the transmission of light. Glass shall be washed so as to leave no streaks or unwashed places. Suitable protective coverings shall be furnished by the vendor and used by personnel to prevent soiling, splashing, or damage to seals, walls, and any other surfaces or equipment. Vendor shall notify the Government in writing on the window washing schedule. 9. Supervision By Contractor The vendor shall ensure that a competent and trustworthy senior employee or supervisor authorized to act on the vendors behalf is present periodically when work is being carried out to ensure complete and satisfactory performance of the work in accordance with the terms outlined in the contract. 10. Employee Acceptance Personnel employed by the vendor shall be capable employees experienced in the type of work required to provide professional custodial services to the building. The Government reserves the right to reject any employee at any time that in the opinion of the Government is not considered acceptable in the area in which the work is to be performed. Personnel information on each employee shall be furnished upon request by NOAA Western Regional Security Office. All employees must comply with all NOAA security clearance requirements for contractors. Since employees will have access to offices and laboratories, all contractors must be trustworthy and respect the space of Government employees and associates. Custodians shall not disturb papers and personal items on Government Employee's and associates desks, nor shall they disturb any equipment set up on laboratory work benches and in hoods. Custodians shall use phones only as needed in the performance of work or for the required notification of officials on safety, health, fire or other emergencies. No toll or long distance calls shall be made on Government owned phones unless it is to report an emergency. 11.Additional Requirements a.In the interests of energy conservation lights should onely be used in the areas where work is being conducted and secured when completed. b.Custodians shall insure that soap and paper towel supplies are available in all laboratories and break room sink spaces in addition to rest rooms. c.Custodians shall recycle materials such as paper, cardboard, glass and plastics - emptying collection containers at least once per week and more often as necessary. 12.Safety a.Custodians should receive a safety briefing at least once per year. b.Custodians shall be aware of fire and emergency evacuation procedures for the building. c.In the event of a fire, the custodian should set off the alarm, evacuate the building, notify local authorities and then the NOAA Facilities Manager. d.In the event of a spill of an unknown or hazardous material, the vendor shall immediately vacate the area, evacuate the building, contact local authorities and contact the NOAA Facilities Manager. e.The vendor shall submit a list of all cleaning supplies and their specific use to the Government representative prior to their use in the building. For potentially hazardous substances the vendor shall maintain a current copy of relevant material Safety Data Sheets on site. 3.0Services Required. The contractor shall provide all required service, labor, parts, equipment, and materials to satisfactorily complete the following tasks: 3.1Task 1 - Janitorial Services - services to be performed once each day 5 days per week a.Gather and remove waste, empty trash cans and dispose of non-recyclable shipping materials by taking them to the industrial dumpster. All waste baskets shall be wiped down if there are spills inside the trash can. b.All cardboard shall be recycled. c.Wipe down writing boards in conference rooms, clean trays and erasers. d.Sweep or vacuum all inside floor areas carpeted or tile. Sweep all stairways and wipe down handrails. Spot clean carpets as necessary. e.Spot clean partitions, door glass, doors, door frames and counters. f.Polish and disinfect all drinking fountains. g.Clean sink in break room / meeting room RSF 104. h.Clean all lavatory fixtures, sinks, toilet bowls. Urinals shall be kept free of scale at all times, toilet seats will be cleaned and disinfected on both sides. Bathroom mirrors will be cleaned and all metal will be polished. Wipe down ceramic tile walls and bathroom Compartment partitions. i.Wet mop and disinfect restroom floors. j.Wipe down all inside handrails and door knobs. k.All soap, paper towel and tissue containers will be refilled daily. 3.2Task 2 - Services to be performed weekly a.Sweep all outside areas including outside walkways, including entrances and patio areas. b.Remove cobwebs from Doors and windows c.Maintain all outside metal, handrail, window frames, etc in a clean condition. d.Dust all cleared surfaces of table tops, desks, chairs, counters, filing cabinets, office equipment and ledges within rooms. e.Dust all ledges, windows, and window sills, and perform low dusting. f.Dust lamps at least weekly, or more often if necessary. g.At least once per week take all recycling materials in recycling bins - paper, cardboard, glass and plastic - to the recycling consolidation site. h.At least once per week and more often as necessary Wet mop and Buff waxed floors to remove traffic marks and restore luster to waxed floors. 3.3Task 3 - Services to be performed Monthly a.Clean hallway floors strip, wax and seal all floors buffing to remove traffic marks and restore luster to wax. b.Brush down wall and ceiling vents, vacuum drapes, wipe down furniture. c.Perform high dusting to include door sashes, tops of partitions, ledges and picture frames. d.Rest room floors to be thoroughly scrubbed and cleaned to remove mold or mildew. e.Carpets shall be cleaned and shampooed at least once per year, or more often as necessary and when directed by the Government. NOAA NWFSC Contact Information 3.4Contracting Officer (CO): Email: randall.w.brown@noaa.gov NOAA/Western Acquisition Division 7600 Sand Point Way NE, Seattle, WA 98115 Office: (206) 526-6226 Email: randall.w.brown@noaa.gov Fax: (206) 527-5848 3.5Task Monitor (TM) / COTR: Rick Brown Newport Research Station 2032 S.E. OSU Drive, Newport, OR 97365 Office: 541-867-0522. Cell: 541-961-9021. Fax: 541-867-0505 Email: Rick.Brown@noaa.gov 4.0Places of Performance. Services are to be provided at the NOAA Northwest Fisheries Science Center, Newport Research Station located at 2032 S.E. OSU Drive, Newport, OR 97365 5.0Submittals. The contractor shall provide the following submittals for NWFSC review and approval before field work can begin: 6.0Period of Performance. A.Base year work period of performance is January 01, 2014 to December 31, 2014 B.Option year 1: January 01, 2015 to December 31, 2015 C.Option year 2: January 01, 2016 to December 31, 2016 D.Option year 3: January 01, 2017 to December 31, 2017 7.0General Requirements. 8.0Evaluation Criteria. The selection will be based on the following criteria: 8.1.1No bid shall be accepted unless the prime vendor has visited the site at their own expense to ascertain the scope of required services; 8.1.2The vendor must have a proven minimum of 5 years of experience in performing similar work and the crew proposed for this site must have experience with the company. 8.1.3The winning vendor shall provide confirmation of a DUNS and CCR registration. 9.0Award Selection. The contract will be awarded to the vendor that is technically acceptable. "Technically acceptable" is defined by the criteria listed above and evaluated using documents provided by possible vendors. No set percentages are used in evaluation, but potential vendors must document how they are technically acceptable and how they will accomplish the work as stated within the performance period. All payments will be made within 30 days after completion of repair work. They shall meet all the certifications that are required in the statement of work.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NOAA/WASC/AB133F-14-RQ-0050/listing.html)
Place of Performance: Address: 2032 MARINE SCIENCE DRIVE, NEWPORT, Oregon, 97365, United States; Zip Code: 97365
Record: SN03242225-W 20131129/131127234058-6df6d77b079ed4224b698728d7f0e083 (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

S -- PROVIDE JANITORIAL SERVICES FOR THE NATIONAL MARINE FISHERIES SERVICE IN NEWPORT, OREGON - SCA PREVAILING WAGES - SF-18