SOLICITATION NOTICE
V -- Packing and Crating Services - Attachments
- Notice Date
- 12/13/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 488991
— Packing and Crating
- Contracting Office
- Department of the Air Force, Air Education and Training Command, Sheppard AFB Contracting Office, 82d Contracting Squadron, 206 J Street, Bldg. 1662, Sheppard AFB, Texas, 76311-2746, United States
- ZIP Code
- 76311-2746
- Solicitation Number
- FY142NDPNC
- Archive Date
- 1/23/2014
- Point of Contact
- Dylan J. Huntley, Phone: 940-676-1602, Christopher J. Lamiroult, Phone: 940-676-1604
- E-Mail Address
-
dylan.huntley@us.af.mil, christopher.lamiroult@us.af.mil
(dylan.huntley@us.af.mil, christopher.lamiroult@us.af.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- Combined Synopsis solicitation Wage Determination 05-2525 Wage Determination 05-2517 Wage Determination 05-2509 Wage Determination 05-2431 Past Performance Questionnaire DPM Claims and Liability procedures G5 G4 G3 G2 G1 (Word) QASP PWS Bid Schedule Combined Synopsis/Solicitation – Packing and Crating Services at Sheppard AFB, TX This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. • The Request for Proposal (RFP) number is FY142NDPNC • This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-71,, DPN 20131125. • This solicitation is being issued as A 100% Small Business Set-Aside under the North American Industrial Classification Standard code 488991 with a size standard of $25.5 Million. • Description of Requirements: Packing and Crating Services to include inbound, outbound, and local moves of government personnel through the Joint Personal Property Shipping Office (JPPSO). See Bid Schedule. 0001 - OUTBOUND SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Lot Packing/Crating OUTBOUND SHIPMENTS FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 01 Jan 2014 through 30 Septemeber 2014. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE – 9MO. BASE PERIOD, SCHEDULE 1. FOB: Destination SIGNAL CODE: A NET AMT 0002 - INBOUND SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 Lot Packing/Crating INBOUND SHIPMENTS FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 01 Jan 2014 through 30 Sept 2014. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE – 9MO BASE PERIOD, SCHEDULE 2. FOB: Destination SIGNAL CODE: A NET AMT 0003-INTRA-CITY AREA SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 1 Lot Packing/Crating INTRA-CITY AREA SHIPMENT FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 01 Jan 2014 through 30 Sep 2014. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE – 9MO. BASE PERIOD, SCHEDULE 3. FOB: Destination SIGNAL CODE: A NET AMT 1001-OUBOUND SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001 1 Lot OPTION Packing/Crating OUTBOUND SHIPMENTS FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2014 through 30 Septemeber 2015. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 1, SCHEDULE 1. FOB: Destination SIGNAL CODE: A NET AMT 1002-INBOUND SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1002 1 Lot OPTION Packing/Crating INBOUND SHIPMENTS FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2014 through 30 Sept 2015. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 1, SCHEDULE 2. FOB: Destination SIGNAL CODE: A NET AMT 1003-INTRA-CITY AREA SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1003 1 Lot OPTION Packing/Crating INTRA-CITY AREA SHIPMENT FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2014 through 30 Sep 2015. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 1, SCHEDULE 3. FOB: Destination SIGNAL CODE: A NET AMT 2001-OUBOUND SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001 1 Lot OPTION Packing/Crating OUTBOUND SHIPMENTS FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2015 through 30 Septemeber 2016. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 2, SCHEDULE 1. FOB: Destination SIGNAL CODE: A NET AMT 2002-INBOUND SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2002 1 Lot OPTION Packing/Crating INBOUND SHIPMENTS FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2015 through 30 Sept 2016. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 2, SCHEDULE 2. FOB: Destination SIGNAL CODE: A NET AMT 2003-INTRA-CITY AREA SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2003 1 Lot OPTION Packing/Crating INTRA-CITY AREA SHIPMENT FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2015 through 30 Sep 2016. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 2, SCHEDULE 3. FOB: Destination SIGNAL CODE: A NET AMT 3001-OUTBOUND SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001 1 Lot OPTION Packing/Crating OUTBOUND SHIPMENTS FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2016 through 30 Septemeber 2017. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 3, SCHEDULE 1. FOB: Destination SIGNAL CODE: A NET AMT 3002-INBOUND SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3002 1 Lot OPTION Packing/Crating INBOUND SHIPMENTS FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2016 through 30 Sept 2017. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 3, SCHEDULE 2. FOB: Destination SIGNAL CODE: A NET AMT 3003-INTRA-CITY AREA SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3003 1 Lot OPTION Packing/Crating INTRA-CITY AREA SHIPMENT FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2016 through 30 Sep 2017. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 3, SCHEDULE 3. FOB: Destination SIGNAL CODE: A NET AMT 4001-OUTBOUND SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4001 1 Lot OPTION Packing/Crating OUTBOUND SHIPMENTS FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2017 through 30 Septemeber 2018. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 4, SCHEDULE 1. FOB: Destination SIGNAL CODE: A NET AMT 4002-INBOUND SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4002 1 Lot OPTION Packing/Crating INBOUND SHIPMENTS FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2017 through 30 Sept 2018. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 4, SCHEDULE 2. FOB: Destination SIGNAL CODE: A NET AMT 4003-INTRA-CITY AREA SHIPMENTS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4003 1 Lot OPTION Packing/Crating INTRA-CITY AREA SHIPMENT FFP NON PERSONAL SERVICES: The contractor shall provide all labor tools, supervision, personnel, equipment, transportation, materials, facilities and essentials necessary to perform packaging, packing, tagging, inventorying, containerization, marking, loading, storing, unpacking, and inspecting of household good, unaccompanied baggage and extraordinary value shipments service at Sheppard AFB TX in accordance with the terms and conditions of the contract and the attached Performance Work Statement (PWS). Base Year Period of Performance: 1 Oct 2017 through 30 Sep 2018. SEE ATTACHMENT 1 ENTITLED, BID SCHEDULE - OPTION YEAR 4, SCHEDULE 3. FOB: Destination SIGNAL CODE: A NET AMT _____________________________________ (Required Vendor/POC Signature) TABLE OF CONTENTS Exhibit/Attachment Table of Contents DOCUMENT TYPE DESCRIPTION PAGES DATE Attachment 1 Bid Schedule 147 13 Dec 2013 Attachment 2 PWS 26 08 Oct 2013 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Attachment 9 Attachment 10 Attachment 11 Quality Assurance Surveillance Plan (QASP) PWS Attach G1-Figures PWS Attach G2-Publications and Commercial Standards PWS Attach G3-Contractor Documents Requirement Listings PWS Attach G4-Definitions PWS Attach G5-Acronyms PWS Attach G6-Claims and Liabilities Procedures Past/Present Performance Questionnaire 4 Wage Determinations WD 05-2525 (Rev 15) WD 05-2517 (Rev 17) WD 05-2509 (Rev 14) WD 05-2431 (Rev 17) 9 11 2 16 4 2 18 10 11 10 10 08 Oct 2013 08 Oct 2013 08 Oct 2013 08 Oct 2013 08 Oct 2013 08 Oct 2013 08 Oct 2013 08 Oct 2013 25 Jun 2013 25 Jun 2013 25 Jun 2013 25 Jun 2013 • Services are to be performed at Sheppard AFB, TX 76311. • The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition. The following addendum applies to this provision: ADDENDUM TO 52.212-1 (c) Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.” (e) Multiple Offers. Paragraph is deleted. PROPOSAL PREPARATION INSTRUCTIONS A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, and representations and certifications. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the Request For Quotes attachment, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show -- (1) The solicitation number – FY142NDPNC (2) The time specified in the solicitation for receipt of offers – 23 December 2013 at 12:00pm PM (CST) (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) “Remit to” address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) If the offer is not submitted on the Request for Quotes, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. Please see attachment one for description of requirements, for contract line items, quantities and units of measure. Base all proposal off of listed attachment. ((End of Addenda to 52.212-1) • The provision at 52.212-2, Evaluation – Commercial Items, applies to this acquisition. The following evaluation criteria is to be included as part of paragraph (a) of this provision: The following factors shall be used to evaluate offers: (1) Technical (2) Price (3) Basic past performance BASIS FOR CONTRACT AWARD: This is a simplified selection in which competing offerors’ will be selected based on lowest price technically acceptable. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this solicitation and all such offers shall be treated equally except for their prices. The evaluation process shall proceed as follows: 1. Technical Evaluation: Initially, all proposals will be evaluated for technical acceptability. If an offeror is deemed technically unacceptable, no other part of their proposal will be evaluated. The technical evaluation is to ensure that a offeror can fill the position with a qualified individual. 2. Price Evaluation. All technically acceptable offerors shall be ranked according to total evaluated price (TEP). TEP is calculated by adding together the base price and all option year prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Price Exhibit by the unit price for each item to confirm the extended amount for each. 3. Past Performance Criteria this will be taken into consideration and will be determined with the Contracting officers discretion. This will be evaluated on a pass or fail basis with emphasis on meeting delivery schedule. 4. If the lowest priced offeror is not judged to be technically acceptable or, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to be technically acceptable. The Source Selection Authority shall then make an integrated assessment best value award decision. 5. The Government intends to award a contract with discussions with respective offerors. • The following provisions and clauses also apply to this acquisition. All provisions and clauses listed by reference are in accordance with FAR 52.252-2, Clauses Incorporated by Reference; and FAR 52.252-1 Solicitation Provisions Included by Reference (http://farsite.hill.af.mil). CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures OCT 2010 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions SEP 2007 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights SEP 2013 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.207-2 Notice Of Streamlined Competition MAY 2006 52.212-1 Instructions to Offerors--Commercial Items JUL 2013 52.212-2 Evaluation - Commercial Items JAN 1999 52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (NOV 2013) Alternate I APR 2011 52.212-4 Contract Terms and Conditions--Commercial Items SEP 2013 52.216-18 Ordering OCT 1995 52.216-19 Order Limitations OCT 1995 52.217-5 Evaluation Of Options JUL 1990 52.217-8 Option To Extend Services NOV 1999 52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.219-1 Alt I Small Business Program Representations (Apr 2012) Alternate I APR 2011 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 1989 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification NOV 2007 52.223-6 Drug-Free Workplace MAY 2001 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-2 Buy American Act Certificate FEB 2009 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. DEC 2012 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-16 Alt I Progress Payments (Apr 2012) - Alternate I MAR 2000 52.232-17 Interest OCT 2010 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-24 Prohibition of Assignment of Claims JAN 1986 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991 52.233-2 Service Of Protest SEP 2006 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items JUL 2013 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-23 Contractor Liability for Loss of and/or Damage to Household Goods JAN 1991 52.248-1 Value Engineering OCT 2010 52.249-2 Termination For Convenience Of The Government (Fixed-Price) APR 2012 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 52.252-2 Clauses Incorporated By Reference FEB 1998 52.252-3 Alterations in Solicitation APR 1984 52.252-4 Alterations in Contract APR 1984 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A MAY 2013 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials APR 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7010 Scope of Contract DEC 1991 252.247-7012 Ordering Limitation DEC 1991 252.247-7014 Demurrage DEC 1991 252.247-7016 Contractor Liability for Loss or Damage DEC 1991 252.247-7017 Erroneous Shipments DEC 1991 252.247-7019 Drayage DEC 1991 252.247-7020 Additional Services AUG 2000 CLAUSES INCORPORATED BY FULL TEXT 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JULY 2013) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 488991. (2) The small business size standard is $25,500,000.00 (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: (X) Paragraph (d) applies. ( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, Central Contractor Registration. (iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that-- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012. (vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities). (viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies. (D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies. (xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations. (xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications. This provision applies to all solicitations. (xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to-- (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following certifications are applicable as indicated by the Contracting Officer: (Contracting Officer check as appropriate.) (i) 52.219-22, Small Disadvantaged Business Status. (A) Basic. (B) Alternate I. (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification. (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only). (vi) 52.227-6, Royalty Information. (A) Basic. (B) Alternate I. (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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. ------------------------------------------------------------------------ FAR Clause Title Date Change ------------------------------------------------------------------------ ------ ---------- ------ ------ ------------------------------------------------------------------------ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (End of provision) 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and (D) Have, have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) 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. (ii) 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. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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. (ii) 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. Sec. 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. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 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. (iv) 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). (ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2013) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5). X (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note). X (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). ____ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ____ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). ____ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (11) [Reserved] X (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). ____ (ii) Alternate I (NOV 2011). ____ (iii) Alternate II (NOV 2011). ____ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. X (14) 52.219-8, Utilization of Small Business Concerns (July 2013) (15 U.S.C. 637(d)(2) and (3)). ____ (15)(i) 52.219-9, Small Business Subcontracting Plan (July 2013) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (Oct 2001) of 52.219-9. ____ (iii) Alternate II (Oct 2001) of 52.219-9. ____ (iv) Alternate III (Jul 2010) of 52.219-9. ____ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). X (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). ____ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ____ (ii) Alternate I (June 2003) of 52.219-23. ____ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (July 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ____ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). X (23) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). ____ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)). ____ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)). X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ____ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (NOV 2013) (E.O. 3126). X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ____ (ii) Alternate I (Dec 2007) of 52.223-16. X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). X (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d). ____(40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). (ii) Alternate I (MAR 2012) of 52.225-3. (iii) Alternate II (MAR 2012) of 52.225-3. (iv) Alternate III (NOV 2012) of 52.225-3. ____ (41) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (42) 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). ____ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ____ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ____ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (48) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332). ____ (49) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (50) 52.232-36, Payment by Third Party (July 2013) (31 U.S.C. 3332). ____ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (52)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). ____ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). X (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.). _____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.). _____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.). X (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). _____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). _____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009) (a) 'Definitions.' As used in this provision -- (a) 'Government of a terrorist country' includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) 'Terrorist country' means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria. (3) 'Significant interest' means -- (i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in 'nominee shares,' 'street names,' or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtness of a firm. (b) 'Prohibition on award.' In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) 'Disclosure.' If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include -- (1) Identification of each government holding a significant interest; and (2) A description of the significant interest held by each government. (End of provision) 252.247-7013 CONTRACT AREAS OF PERFORMANCE (DEC 1991) (a) The Government will consider all areas of performance described in paragraph (b) as including the Contractor's facility, regardless of geographical location. (b) The Contractor shall perform services within the following defined areas of performance, which include terminals identified therein: (End of clause) AFFARS 5352.201-9101 OMBUDSMAN (NOV 2012) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman, Mr. David E. Jones, Deputy Director of Contracting, AFICA/KT, 2035 First Street West, JBSA Randolph TX 78150-4304, telephone 210-652-1722; facsimile 210-652-8344, david.jones.3@us.af.mil. The alternate Ombudsman for AETC Contracting Squadrons is Stephen G. Smith, Chief, Clearance & Program Support Division, AFICA/KTC, 2035 First Street West, JBSA Randolph TX 78150-4304, telephone 210-652-7075, stephen.smith@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) 5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012) (a) In performing work under this contract on a Government installation, the contractor shall: (1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and (2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes. (b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract. (c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract. (End of clause) 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012) (a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management] citing the appropriate paragraphs as applicable. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. (End of clause) Local Information SAFB-0002 TOBACCO USE ON AIR FORCE INSTALLATIONS – CONTRACTOR EMPLOYEES AND OTHER NON-DOD PERSONNEL (MAR 12) Executive Order 13058 and 41 CFR 102-74 establishes that it is the policy of the executive branch to establish a smoke-free environment for Federal employees and members of the public visiting or using Federal facilities. IAW AFI 40-102, tobacco use is prohibited on AF installations, except in “Designated Tobacco Areas.” Tobacco includes, but is not limited to, cigars, cigarettes, electronic-cigarettes (―e-cigarettes‖), stem pipes, water pipes, hookahs, and smokeless products that are chewed, dipped, or sniffed. (End of Clause) Local Information SAFB-0009 HAZARDOUS MATERIAL IDENTIFICATION A copy of the material safety data sheet (Federal Standard 313) must accompany corresponding item for the order to be treated as a complete delivered order. If not included with the item at time of shipment, forward copy separately to the address listed in block 15 of SF1449. If sent separately, ensure that the purchase/delivery order number is specified on the MSDS. MSDS shall be forwarded to the Base Environmental Engineer. Local Information SAFB-0011 Contractor Performance on Air Force Installations Contractor individual(s) should contact the point-of-contact to obtain access to the base, prior to arriving at the installation. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license and place of performance to obtain a pass. Expect delays in entering the base for security purposes. Local Information SAFB-0028 (May 2013) Special Contract Requirement Background Checks for Contractor Personnel Requiring Entry/Access to Installations/Locations (1 Oct 2004) (a) Contractor and subcontractor personnel requiring entry/access to the installation(s)/location(s) cited in the contract shall be governed by these requirements. The below requirements and procedures are prerequisites to the issuance of any government identification (i.e., pass/badge) or the registration of a privately owned or commercial vehicle and the issuance of a pass/decal. Contractor requests for exceptions to the below requirements and procedures shall be addressed to the Contracting Officer/designee who will obtain approval/disapproval from the installation/location commander who has the final authority on access issues. (b) If contractor performance starts immediately upon contract award or within the nine (9) calendar days after the contract award date (i.e., award date plus nine (9) calendar days), the contractor shall submit the following documentation for personnel who will begin performance within the first ten (10) days of the contract to the Contracting Officer/designee: (1) “Listing of personnel requiring access/entry” (See Note 1), and (2) Completed consent forms (See Note 2). To obtain access for contractor personnel who will begin performance on or after the 11th day of the contract (i.e., subsequent to the initial ten (10) days of the contract), the contractor shall follow the documentation requirements outlined in (c). (c) If the contractor’s performance starts on or after the 11th day following the contract award date (e.g., performance begins on day eleven (11) or later) or for contractor personnel who will begin performance on or after the 11th day of the contract, the contractor shall submit the following documentation to the Contracting Officer/designee: (1) “Listing of personnel requiring access/entry” (See Note 1), (2) Completed consent forms (See Note 2), and (3) Favorable Criminal Background Histories (See Note 3). This documentation shall be submitted no later than two (2) calendar days prior to performance on the installation/location. (d) Subsequent to the contractor accomplishing (b) or (c), as applicable, contractor personnel may report to the badge issuing activity and follow local installation/facility procedures to obtain identification passes/badges and vehicle passes/decals. (e) For contractor personnel to obtain entry to the installation/facility in order to request the issuance of government identification (i.e., pass/badge) or to register a privately owned/commercial vehicle and obtain a vehicle pass/decal, the contractor personnel shall report to the installation/location entry control point and badge issuing activity with a photo identification issued by a Federal/State activity. (f) To register a privately owned/commercial vehicle and obtain a vehicle pass/decal, contractor personnel shall provide a valid driver’s license, current vehicle registration, and valid vehicle insurance certificate. (g) Contractor personnel shall follow local procedures for wearing and displaying government-issued identification passes/badges, vehicle passes/decals, and contractor-issued identification. In general, all identification passes/badges and vehicle passes/decals shall at all times be prominently worn/displayed in a visible manner to government personnel. (h) During the performance period of the contract, the contractor shall: (1) Provide written notification of any additions to the “Listing of personnel requiring entry/access” and submit consent forms and criminal background histories for all new contractor personnel requiring entry/access to the Contracting Officer/designee. (2) No later than five (5) working days after a change in status for contractor personnel requiring entry/access (e.g., the personnel no longer require entry/access or the contractor becomes aware of a negative screening criteria (i.e., “disqualifying factor”), provide written notification of deletions of personnel to the contractor’s “Listing of personnel requiring entry/access” to the Contracting Officer/designee, and return all government-issued identification passes/badges and vehicle passes/decals to the Contracting Officer/designee. (3) Maintain a copy of all background checks for a 24-month period and ensure subsequently needed background checks are accomplished prior to the expiration of a 24-month period (See Note 3). (i) Given a reasonable cause, condition, or reason, this requirement does not circumvent an installation/location commander’s unilateral authority to deny or withdraw any individual’s entry/access to an installation/location. (j) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable. (k) Contractor personnel are not covered by FAR 52.222-3, Convict Labor, for the purposes of entry/access to entry/access to installations/locations. Contractor personnel are covered by FAR 52.222-3 for the purposes of performance outside of installations/locations. (l) The Contractor shall insert this requirement in any subcontract where the subcontractor will require entry/access to the installation(s)/location(s) cited in the contract. Note 1: “Listing of personnel requiring access/entry.” The contractor shall provide a “Listing of personnel requiring entry/access” to the Contracting Officer or the Contracting Officer’s designee(s). Contact information for the Contracting Officer’s designee follows: (The contracting officer’s designee may be personnel within Security Forces, inclusive of the badge issuing activity; or personnel within the organization that will be performing quality assurance functions for the contract.) This listing shall be submitted on company letterhead and, as a minimum, contain the following data elements: - Contract number. - Contract award date. - Performance start and stop date(s). - Work site(s) or location(s). - As a minimum, the following information for contractor personnel requiring entry/access: full name, social security number (or other identification number), and installation(s)/location(s) to be accessed. - A statement that the social security numbers of the listed employees have been verified with the social security administration (contractors should reference www.ssa.gov/employer/ssnv.htm) No contractor personnel shall be granted or authorized entry/access until identified on the “Listing of personnel requiring entry/access.” Note 2: Consent forms. Consent forms shall authorize the Air Force to fingerprint contractor personnel and to conduct additional background checks. In general, the consent form will outline the following: (1) The contractor has briefed the contractor personnel for the purpose of the consent form. (2) The information on the form is collected in accordance with 50 U.S.C. 797 and DoDD 5200.8 that permits installation commanders to limit access to installations for security reasons. (3) Completion of the form is voluntary. (4) Agreement to provide a specimen of fingerprints, if/when requested. (5) Awareness of a list of “disqualifying factors” and/or access to the list. (6) Consent and authorization for the Air Force to conduct additional background screening and to compare fingerprints against state and federal criminal databases. (7) Knowing and willful false statements on the form can be punished by a fine or imprisonment, or both (10 U.S.C. 1001). (8) That the consent form shall remain valid for not less than a 24-month period. In summary, the consent forms authorize the Government to conduct additional background checks that may result in the identification of negative screening criteria (i.e., disqualifying factor(s)). If negative screening criteria are identified, the affected contractor personnel shall be denied entry/access and the Contracting Officer/designee will notify the contractor. Furthermore, the Contractor shall be responsible for immediately returning all issued identification passes/badges and vehicle passes/decals to the Contracting Officer/designee. Note 3: Criminal Background History (CBH). Background checks may be obtained from local, county, or state law enforcement authorities; or commercial vendors whose checks include a criminal background history. To be considered complete, background checks shall, as a minimum, cover the employee’s place(s) of residency for the 24-month period prior to contract award and provide the following information: - Individual’s name. - Social Security Number. - Date of birth. - Address of current residence. - Address of residence(s) over the past two (2) years. - Criminal/Arrest record (felony/misdemeanor) since the 18th Birthday. - Information on the locality(ies) checked (i.e., local, county, state, and/or federal). - List of outstanding wants and warrants. Depending upon local, county, or state regulations, the background check may be obtained by the contractor or the contractor personnel. “Favorable” background checks will not contain any of the following negative screening criteria (i.e., “disqualifying factors”): - U.S. citizenship, immigration status, or Social Security Account Number cannot be verified. - Barred from entry/access to any military installation or facility. - Wanted by federal or civil law enforcement authorities, regardless of offense/violation (i.e., an “order to arrest” has been issued by a judge). - Conviction of a firearms or explosive violation within the past three years. - Incarcerated for 12 months or longer within the past three years, regardless of offense/violation. - Any conviction for espionage, sabotage, treason or terrorism, or murder. - A conviction of sexual assault, armed assault/robbery, rape, child molestation, drugs possession with intent to sell, or drug distribution within the past ten years. - Name appears on any federal agency’s “watch list” or “hit list” for criminal behavior or terrorist activity. Each background check shall be considered “current” for a 24-month period and valid for all contracts performed within the 24-month period of currency. Contractors shall ensure background checks are accomplished every 24 months to ensure no lapse in background check coverage. This requirement does not apply to contractor personnel that have a favorable government personnel security background investigation that is valid for a period longer than two years. Contractor personnel who have a current, favorable government personnel security background investigation that is electronically accessible and immediately verifiable by the Government within the Joint Personnel Adjudication System (JPAS) are not required to obtain an additional background check for the purposes of complying with this requirement (i.e., existing current, favorable security background investigations may be used in lieu of these requirements). (End of requirement) Local Instruction SAFB-0032 USE OF CELLULAR TELEPHONES ON AIR FORCE INSTALLATION IS PROHIBITED (AUG 13) In accordance with Air Force Instruction 31-218(I), Para 4-2c(3), vehicle operators on a DOD installation and operators of Government owned vehicles will not use cell phones unless the vehicle is safely parked or unless they are using a hands–free device. The wearing of any other portable headphones, earphones, or other listening devices (except for hands–free cellular phones) while operating a motor vehicle is prohibited. Use of those devices impairs driving and masks or prevents recognition of emergency signals, alarms, announcements, the approach of vehicles, and human speech. The potential for driver distractions such as eating and drinking, operating radios, CD players, global positioning equipment, and so on should only be done when the vehicle is safely parked, when possible. (End of Clause) Local Information SAFB-0034 USE OF FACILITIES (AUG 13) Contractor employees are not authorized to use base service establishments such as the Shoppettes or Base Service Station, Base Exchange, Bowling Alleys, Golf Course, Base Pools, Theaters, or Base Commissary. Contractor employees are authorized to eat at any exchange food activity with the exception of government dining facilities (mess facilities). Contractor employees who are retired military, a military dependent or Guard/Reserves and in possession of a valid military identification card may use base services as authorized. If an unauthorized civilian is found to be wrongfully using base service establishments, their name will be forwarded to the Wing Commander for appropriate action. Actions can include, but are not limited to, being barred from base, etc. (End of Clause) • An assigned rating for the Defense Priorities and Allocations System (DPAS) is not applicable. • All offers are due by 12:00 p.m. (CST) on the 23rd of December 2013 to the following address: 82 CONS/LGCA Attention: A1C Dylan J. Huntley 206 J Avenue, Bldg 1662 Sheppard AFB, TX 76311-2743 • For any information regarding this solicitation, please contact: A1C Dylan J. Huntley 940-676-1602 dylan.hunltley@us.af.mil _____________________________________ (Required Vendor/POC Signature)
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- Address: Sheppard AFB, TX, Sheppard AFB, Texas, 76311, United States
- Zip Code: 76311
- Zip Code: 76311
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