FBODaily.com | FedBizOpps: MOD | J | CLEAN CONTROLLED ENVIRONMENT

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 17, 2014 FBO #4680
MODIFICATION

J -- CLEAN CONTROLLED ENVIRONMENT

Notice Date: 9/15/2014
Notice Type: Modification/Amendment
NAICS: 238220 — Plumbing, Heating, and Air-Conditioning Contractors
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division-Boulder, 325 Broadway - MC3, Boulder, Colorado, 80305-3328, United States
ZIP Code: 80305-3328
Solicitation Number: NAAJ7200-14-00494SRG
Archive Date: 9/17/2014
Point of Contact: Suzanne A Romberg-Garrett, Phone: 303-497-5110
E-Mail Address: suzanne.garrett@noaa.gov
(suzanne.garrett@noaa.gov)
Small Business Set-Aside: Total Small Business
Description: AMENDMENT 0004 DATED 9/15/2014: THE REQUEST FOR QUOTE IS EXTENDED TO 9/16/2014 (TUESDAY). I HAD CONFUSED THE DATES THINKING 9/15/2014 WAS TUESDAY. COMBINED SYNOPSIS/SOLICITATION CLEAN CONTROLLED ENVIRONMENT (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NAAJ7200-14-00494SRG. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-76. (IV) THIS PROCUREMENT IS A SMALL BUSINESS SET ASIDE. The associated NAICS code is 238220. The small business size standard is $27.5 MILLION. (V) THIS COMBINED SOLICITATION/SYNOPSIS IS FOR PURCHASE OF THE FOLLOWING COMMERCIAL PRODUCTS AND SERVICES: CLIN 0001 - BASE YEAR - 10/1/2014 through 9/30/2015: NON PERSONAL SERVICES FOR CLEAN CONTROLLED ENVIRONMENT CLIN 1001 - OPTION YEAR 1 - 10/1/2015 through 9/30/2016: NON PERSONAL SERVICES FOR CLEAN CONTROLLED ENVIRONMENT CLIN 2001 - OPTION YEAR 2 - 10/1/2016 through 9/30/2017: NON PERSONAL SERVICES FOR CLEAN CONTROLLED ENVIRONMENT CLIN 3001 - OPTION YEAR 3 - 10/1/2017 through 9/30/2018: NON PERSONAL SERVICES FOR CLEAN CONTROLLED ENVIRONMENT CLIN 4001 - OPTION YEAR 4 - 10/1/2018 through 9/30/2019: NON PERSONAL SERVICES FOR CLEAN CONTROLLED ENVIRONMENT (VI) Description of requirements is as follows see the attached scope of work at the end of the posting and also as an attachment for the maps of the site: YOU MAY USE YOUR OWN QUOTE SHEET, BUT PLEASE PROVIDE EACH YEAR WITH THE AMOUNT PER MONTH AND THEN THE EXTENDED TOTAL FOR EACH YEAR AND AN OVERALL TOTAL FOR A BASE AND 4 OPTION YEARS. 0001 BASE YEAR - 10/1/2014 through 9/30/2015: MONTHLY $_________ TIMES 12 MONTHS $______________ 1001 OPTION YEAR 1 - 10/1/2015 through 9/30/2016: MONTHLY $_________ TIMES 12 MONTHS $______________ 2001 OPTION YEAR 2 - 10/1/2016 through 9/30/2017: MONTHLY $_________ TIMES 12 MONTHS $______________ 3001 OPTION YEAR 3 - 10/1/2017 through 9/30/2018: MONTHLY $_________ TIMES 12 MONTHS $______________ 4001 OPTION YEAR 4 - 10/1/2018 through 9/30/2019: MONTHLY $_________ TIMES 12 MONTHS $______________\ OVERALL TOTAL $____________________ THIS IS A SMALL BUSINESS SET ASIDE FOR HVAC WORK BASE YEAR AND 4 OPTION YEARS IN HONOLULU, HI. PLEASE SEE THE ATTACHED SCOPE WITH FURTHER SPECIFICATIONS ON DATES, HOW TO SET UP A SITE VISIT, QUESTION DUE DATES AND WHEN QUOTES ARE DUE. •a. Local Contacts: Primary/Point of Contact: Aaron Kaneao, aaron.kaneao@noaa.gov for a site visit. Office: 808-725-6212 Mobile: 808-872-2071 FAR 52.237-1 SITE VISIT (APR 1984) Vendors 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. (End of provision) (VII) Period of performance shall be: Base Year for a twelve month period 10/1/2014 through 9/30/2015. Option Period 1 for a twelve month period 10/1/2015 through 9/30/2016. Option Period 2 for a twelve month period 10/1/2016 through 9/30/2017. Option Period 3 for a twelve month period 10/1/2017 through 9/30/2018. Option Period 4 for a twelve month period 10/1/2018 through 9/30/2019. (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items ( APR 2014 ), applies to this acquisition. This is a Best Value Acquisition. 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 offeror. Quotes shall be fully executed and returned on the Standard Form (SF) 18 or vendor's quote documentation. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable (preferred) and can be sent to Suzanne Garrett, email suzanne.garrett@noaa.gov or Faxed to 303-497-3163. At a minimum the contractor shall provide the following information: a) Point of contact name, telephone and E-mail address. b) DUNS Number CAR 1352.215-72 Inquiries ( APR 2010 ) Offerors must submit all questions concerning this solicitation in writing to Suzanne.garrett@noaa.gov. Questions should be received no later than 4:00 P.M. MDT/MST, 9/12/2014. 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) (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 award will be made to the firm offering the best value to the Government. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following: •1. Specification and qualifications of the scope and providing supporting documentation as applicable (State and Federal permitting/licensing). •2. Meeting the delivery date. •3. Price. The Government intends to award a best value, firm fixed-price purchase order on an all or none basis with payment terms of Net 30. (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items ( MAY 2014 ), with its quote. 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 percent 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 ______________. (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern. (2) Veteran-owned small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It o is,o 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 o is, o 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 o is, o is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It o is, o 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 o 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 Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the 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 o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(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 o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material 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 o is, o 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 o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), (ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions ( 31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (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-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 ______________ _________________ ______________ _________________ ______________ _________________ (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689 ). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) o Have, o 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. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial 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 Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [ If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies. ] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4 (c)(1). The offeror o does o does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4 (c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4 (d)(1). The offeror o does o does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4 (d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701 ). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government ( 31 U.S.C. 7701(c)(3) ). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (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) (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items ( MAY 2014 ) 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 ( JULY 2014 ) applies to this acquisition. The following clauses under subparagraph (b) apply: (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) ). (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) (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: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) ( 41 U.S.C. 4704 and 10 U.S.C. 2402 ). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) ( 41 U.S.C. 3509 )). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5 _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) ( 31 U.S.C. 6101 note ). __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014 _X_ (8) 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). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) __ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012 __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) ( 15 U.S.C. 657a ). __ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( Jan 2011) __ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) ( 15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 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. _X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)( 15 U.S.C. 644(r) ). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) ( 15 U.S.C. 637(a)(14) ). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i) ). __ (21)(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. __ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323 ). __ (23) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323 ). __ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) _X_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) ( 15 U.S.C. 632(a)(2) ). __ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) ( 15 U.S.C. 637(m) ). __ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) ( 15 U.S.C. 637(m) ). _X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (32) 52.222-35, Equal Opportunity for Veterans (Jul 2014)( 38 U.S.C. 4212 ). _X_ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). _X_ (34) 52.222-37, Employment Reports on Veterans ( Jul 2014) (38 U.S.C. 4212). __ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) __ (36) 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.) __ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment ( Jun 2014 ) __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products ( Dec 2007 ) ( 42 U.S.C. 8259b ). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products ( Jun 2014 ) __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ( Aug 2011 ) __ (43) 52.225-1, Buy American-Supplies (May 2014) ( 41 U.S.C. chapter 83 ). _X_ (44)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (45) 52.225-5, Trade Agreements ( Nov 2013 ) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (46) 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). __ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) __ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) __ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002 __ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995 _X_ (52) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) __ (53) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). __ (54) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332 ). __ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). __ (56)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) __ (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: __ (1) 52.222-41, Service Contract Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S.C. 1792 ). __ (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) ( 41 U.S.C. 3509 ). (ii) 52.219-8, Utilization of Small Business Concerns (May 2014) ( 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 (May 2014) (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 (Jul 2014) ( 38 U.S.C. 4212 ). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) ( 38 U.S.C. 4212 ) (viii) 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. (ix) 52.222-41, Service Contract Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). (x) 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) ). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). (xiii) 52.222-54, Employment Eligibility Verification ( Aug 2013 ). (xiv) 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). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S.C. 1792 ). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 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 (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) (XIII) The following clauses are also applicable to this acquisition: 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-2 Clauses Incorporated by Reference (Feb 1998), This contract incorporates on or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/index.html (End of Clause) The following additional terms and conditions apply: 52.204-7 System for Award Management (JUL 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (OCT 2008) 52.214-34 Submission of Offers in the English Language (APR 1991) 52.214-35 Submission of Offer in U.S. Currency (APR 1991) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) 52.223-4 Recovered Material Certification (MAY 2008) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-11 Ozone-Depleting Substances (MAY 2011) 52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) FAR 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 (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) FAR 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 Commerce Acquisition Regulation (48 CFR Chapter 1352) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2014) •(1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds madeavailable by Consolidated Appropriations Act, 2014 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, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (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, where the awarding agency is aware of the unpaid tax li ability, 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 Offerer represents that, as of the date of this offer - •(a) I t is [ ] is not [ ] a corporation that was convicted of a felony criminal vi olation 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 agreement with the authority responsible for collecting the tax liability. (End of provision) DEPARTMENT OF COMMERCE CLAUSES - FOR FULL TEXT OF A COMMERCE ACQUISITION CLAUSE OR PROVISION YOU MAY GO TO THE FOLLOWING WEBSITE, http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm : CAR 1352.201-70 Contracting Officer's Authority (APRIL 2010) CAR 1352.209-73 Compliance with the Laws (APRIL 2010) CAR 1352.209-74 Organizational Conflict Of Interest (APRIL 2010) CAR 1352.237-71 Security Processing Requirements - Low Risk Contracts (APR 2010) CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) (a) To be provided is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: Phone Number: To be provided Email: To be provided (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End of clause) CAR 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: Suzanne A. Romberg-Garrett Contracting Officer NOAA/AGO Western Acquisition Division-Boulder 325 Broadway SOU6 Boulder, CO 80305 FAX: 303-497-5110 •(a) 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) CAR 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) (XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply. (XV) Quotes are required to be received in the contracting office no later than 4:00 P.M. MDT on 9/15/2014. All quotes must be faxed or emailed (preferred) to the attention of Suzanne Garrett. The fax number is 303- 497-3163 and email address is Suzanne.Garrett@noaa.gov. (XVI) Any questions regarding this solicitation should be directed to Suzanne Garrett's email address of Suzanne.garrett@noaa.gov. SCOPE STATEMENT OF WORK HVAC CLEANLINESS INSPECTION, DUCTWORK, AND ANNUAL INSPECTION PURCHASE REQUEST NAAJ7200-14-00494 DEPARTMENT OF COMMERCE (DOC) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) PACIFIC REGIONAL CENTER (PRC) We are hoping to have this as a Base and 4 Option Periods if the total amount does not exceed the simplified threshold of $150K Section C - Description/Specifications/Work Statement C.1 Scope of work The Contractor shall provide personnel, supplies, equipment, tools, materials, supervision, transportation, and other items and services necessary to provide two (2) scheduled computer room cleanings of the exterior hardware, tops of floor, and under-floor plenum of one (1) data centers, one (1) main distribution frame (MDF), two (2) intermediate distribution frame (IDF), 13 Telecommunication Rooms, one (1) Exhibit Server Room, and one (1) Security Storage at the National Oceanic and Atmospheric Administration (NOAA) Daniel K. Inouye Regional Center (IRC) within one calendar year. Additionally, the Contractor shall perform an initial heating, ventilation, and air conditioning (HVAC) Cleanliness Inspection of the HVAC supply and return ductwork, on or about ten (10) months after Beneficial Occupancy Date (BOD) for the Main Facility, including Building number 130, 166 and 184. The HVAC system shall be routinely inspected for cleanliness by visual mean at two (2) year intervals following contract award with the exception that the cafeteria ductwork shall be inspected annually. The HVAC supply and/or return ductwork shall be cleaned when a HVAC cleanliness inspection indicates that the system performance is compromised due to contamination buildup or if microbial contamination conditions have reached either Condition 2 or Condition 3. The information technologies (IT) total area including space occupied by IT and telecommunication equipment is approximately 6,100 square feet in the Main Facility, 630 square feet, in Building 130, and 90 square feet in Building 184. The HVAC ductwork total area is approximately 14,285 square feet in the Main Facility on all three levels, 7,520 in Building 130, 3,000 square feet in Building 166, and 2,260 square feet in Building 184. •- cleaning of the overhead (Interstitial zone) for all 19 spaces •- cleaning of the cable, pipe, and box surfaces •- cleaning the eight (8) CRAC units in the data center C.2 Location Services to be provided at location: National Oceanic and Atmospheric Administration Daniel K. Inouye Regional Center (IRC) 1845 Wasp Boulevard Honolulu, Hawaii 96818 C.3 Services Required a. All work shall be accomplished taking special consideration of the data processing environment. The Contractor shall be aware that all work takes place in and around, extremely expensive and critical computer equipment. The facility will be in use during execution of cleaning and inspecting. The computer hardware and air conditioning equipment will be continuously running during the performance of the cleaning and cleanliness inspection services. The contractor must employ cleaning techniques that do not disturb or disrupt the ongoing operations of the installed computer and air conditioning equipment. b. The level of cleanliness shall be as specified herein. The MDFs, IDFs, server rooms, and LAN rooms equipped with Raised Access Flooring shall comply with protocol according to International Electrotechnical Commission (IEC) standard RP-0018 and International Standards Organization 14644-1 class 8. This work shall reduce the dust count to approximately 3,5020,000 particles (maximum) at 0.5 microns per cubic meter The Assessment, Cleaning and Restoration of HVAC Systems shall comply with ACR 2006 published by the National Air Duct Cleaners Association. c. Cleaning is to include an environmental report based on the ISO 14644-8 standard typical of data processing facilities, and ACR 2006 for ductwork. Air quality testing results shall be provided by the Contractor prior to and at the completion of the cleaning to include, but is not limited to: •· Particle counts and condition of computer room and sub floor Plenum •· Proper cleaning techniques •· Visible inspection of equipment and above floor surface •· Concrete sub floor deck seal inspection •· Certificate of clean environment •· Recommendations and conclusions Air testing equipment shall be provided by the Contractor and it must be of industry approved standard and have been certified as calibrated within six (6) months of the test. Contractor shall provide proof of calibration. C.4 Exterior Hardware Cleaning a. The Contractor shall decontaminate the information technology (IT) equipment using techniques to remove dirt, dust and other contaminants that guard against damage or disruption to operations. b. No spraying of any liquid near equipment is permitted. c. The Contractor shall vacuum using an Ultra-Low Penetration Air (ULPA) 3 stage filtration vacuum capable of filtering 99.999% of all particulate down to 0.12 microns to remove the smallest of micro-particles from the exterior surfaces of system cabinets, racks, and stand-alone equipment, including floor surfaces, furniture, e.g. tables, storage cabinets, monitors, and bases of cabinets and racks. d. When using wipes, the wipes shall be an environmentally friendly zero-residue static-dissipative cleaner for hard surfaces time tested for use on the materials used in the manufacture of modern technical equipment. e. Vacuum intake and exhaust vents on hardware devices with HEPA/ULPA CRV. f. All MSDS have the required anti-static ion base according to class 100,000 standards. g. HEPA/ULPA CRV and/or hand wipe all cabling and racking including tape media rack with "anti static solution." C.4.1 INTERIOR HARDWARE CLEANING (OPTIONAL BID ITEM NUMBER 1) a. The Contractor shall vacuum using an ULPA 3 stage filtration vacuum capable of filtering 99.999% of all particulate down to 0.12 microns to remove the smallest of micro-particles from the interior surfaces of system cabinets, racks, and stand-alone equipment, including side panels, mounting rails, inside of door frames, etc. C.5 Tops of Floor a. The Contractor shall safely remove dust and dirt from all types of tile and concrete floor surfaces. b. The floor, including accessible areas beneath hardware devices, shall be HEPA vacuumed thoroughly before beginning any mopping. The HEPA filtered vacuum shall be certified to 0.3 microns. c. The floor shall be cleaned using a data center and floor manufacturer approved heavy-duty static control detergent concentrate for cleaning access flooring panel surfaces in critical environments. d. Perforated floor tiles will be shaken and hand wiped with microfiber towels. e. Floor surfaces will be safely damp mopped, being careful not to allow water to leak into the under-floor and cables, as many times as needed to remove residual contaminants. f. The Contractor shall use extreme care with any liquid to avoid activating the under-floor moisture sensors. Any liquid used shall be kept at a bare minimum. C.6 Under-Floor Plenum Cleaning a. The Contractor is required to clean under the raised floor using ULPA vacuum cleaners and dust attractive cloths. b. The work include systematically lifting all accessible tiles not under permanent mounted equipment and vacuum the under floor area including the underside of the floor panels, stringers, and pedestal heads. c. The under floor area shall be cleaned in order to meet ISO standard 14644, class 8. d. The raised floor tiles shall be removed and replaced in incremental sections at one time to ensure stability of room temperature, hardware units are safely supported, and the best access to the space under the floor will be achieved with minimum disruption. e. All floor surfaces including accessible areas beneath cables, pipe and boxes will be ULPA vacuumed. f. Movement of any installed equipment is not permitted. The floor panels should be removed with an approved floor panel lifting device. Approved lifting devices are as follows: Suction Cup Lifters. Note: The use of screwdrivers, pliers, or other objects to pry and lift panels is prohibited. C.7 Supply, Return, and Outside Air Ducts a. The follow on HVAC system cleanliness inspection, at two-year intervals, shall include a determination of the level of mold contamination (Condition 1, 2 or 3) and other biological activity following ACR 2006. b. The Contractor shall routinely inspect the HVAC supply and return ductwork for cleanliness by visual means following the minimum intervals recommended in ACR 2006. c. The supply duct cleanliness inspection shall consider a representative portion of supply system components including, but not limited to, supply ducts, controls, mixing/control boxes, and other internal components. d. The return duct cleanliness inspection shall consider a representative portion of return system components including, but not limited to, return ducts, dampers, return plenums, make-up air plenums and grilles. e. The supply, return, and outside air ducts shall be cleaned when the HVAC Cleanliness Inspection confirms HVAC system contamination. The Contractor shall insure components to be cleaned by using machinery/devices that are designed to perform cleaning services without damaging HVAC system. f. Inlet air devices shall be cleaned as part of the overall HVAC system(s) in buildings. g. Environmental engineering controls shall be used to assure worker safety and health, and to prevent cross contamination. The effectiveness of environmental engineering controls may be demonstrated through the use of monitoring devices such as laser particle counters, digital pressure differential manometers, and other analytical or measuring devices. h. The Contractor shall provide visual proof either record on tape or video camera to show the condition of the ducts before and after cleaning. The same process for mold remediation to be applied when warranted. The Contractor shall show and/or provide data only to Contracting Officer. i. The Contractor shall remove and re-install systems dampers, diffusers, grilles, louvers, and vents back in their original position as part of the duct cleaning process. j. The Contractor shall not reposition any dampers, diffusers, vents, grills, and louvers air flow mechanism from its original position during re-installation. k. The Contractor shall provide an environmental report for the computer room cleanings which will include information such as air-borne particle readings, temperature, humidity, air leaks, future contamination issues, and any problems encountered during the cleaning process. Psychometric readings taken will be benchmarked to ISO 14644 class 8 standard for data center operation. C.8 Cleanup a. The Contractor shall keep the worksite cleaned by insuring all debris and equipment be removed from the jobsite daily. b. Walls, baseboards, ceilings, and other surfaces shall be free of splashes and markings from the equipment and materials used. After services are completed, the Contractor shall ensure that all waste or unused materials are removed from the area and building, and any items moved during the inspection/cleaning process be replaced in their original location. The Contractor shall replace any tile or material damaged during the inspection/cleaning process at no additional cost to the Government. c. Any pathway used during the process of inspecting and cleaning shall be left in a clean state. All areas within the pathway shall be cleaned, dried, and left free of dirt and grime C.10 Furnished by the Government The Government shall provide the following items: a. Electrical power - Sufficient 110v outlets for the Contractor to operate equipment to conduct the inspection/cleaning. b. Hot and cold water - A janitor's closet with water source is located in each building. C.11 Furnished by the Contractor a. The Contractor shall ensure all workers must be qualified to perform computer room cleaning, HVAC cleanliness inspection, and duct cleaning by providing Contracting Officer Representative (COR) all worker's certificates and/or qualifications for approval prior to service or work performed. b. The Contractor shall utilize personnel with documented Data Center Cleaning, HVAC cleanliness inspection, and duct cleaning background experience of a minimal of 12 months. No day laborers shall be used. c. The Contractor shall furnish all equipment necessary for the performance of the work. Such equipment shall be of the size and type customarily used in work of this type, and shall have been approved by the COR prior to the first scheduled inspection and/or cleaning. All equipment shall be Occupational Safety and Health Administration (OSHA) certified and meets all OSHA requirements. d. All vacuum equipment shall utilize anti-static tools to avoid electrostatic discharge. e. All equipment shall be fully grounded, and shall be equipped with three prong-molded plugs, and shall only be plugged into receptacles specifically identified for use by the cleaning crew. No equipment shall be plugged into receptacles which are an integral part of any computer or pieces of electrical equipment. Any receptacle or receptacle plate damaged by improper use shall be repaired or replaced at the expense of the Contractor. f. The Contractor shall furnish all supplies necessary for the performance of this contract. All materials furnished shall be available for inspection and approval by the COR. g. Any supplies or materials which the COR determines is unsuitable for cleaning or harmful will be replaced with acceptable material by the Contractor. h. All materials used shall be of the anti-static and non-flaking type. Cleaners shall not contain ammonia or dangerous solvents. C.12 Phase-In Period The period of time between the contract award and the start date will constitute the phase-in period. During the phase-in period, the Contractor shall prepare to assume full responsibility be the end of the phase-in period. C.13 Phase-Out Plan a. The Contractor shall establish and implement plans for an orderly phase out of operations at the completion of this contract. The Contractor's phase-out procedures shall not disrupt or inversely impact the day-to-day conduct of NOAA business. The Contractor shall develop a phase-out plan to affect a smooth and orderly transfer of contract responsibilities in the vent of transition to a succeeding contract. The phase-out plan should be approved in writing by the COR, and shall be provided no later than 30 days after contract award. b. The plan shall at a minimum address the following: •§ Removal of contractor property. •§ Clean up of Contractor work areas. •§ Any other actions required to ensure continuity of operations. C.14 Unique Requirements a. Office of Law Enforcement (OLE) Offices - Main Facility. HVAC duct cleanliness inspection and/or cleaning shall be performed while the offices are occupied. b. LEED Green Cleaning Program at NOAA IRC. The Contractor shall take every precaution to ensure that only safe and environmentally preferable products meeting the criteria under Green Seal's Standard GS-37, for Commercial and Institutional Cleaners, and GS-40, for Floor Care Products (www.greenseal.org) are used. C.20 Performance Requirements Summary (PRS) a. The contract service requirements are summarized in performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimally acceptable quality levels of service required for each requirement. b. The PRS and the Contractor's Quality Control Plan (QCP) provide information on contract requirements, the expected level of contractor performance, and the expected method of Government validation and confirmation of services provided. c. These thresholds are critical to mission success. Performance Objective PWS Para Acceptable Quality Level Remedy Method of Assessment Exterior Hardware Cleaning C.4, inclusive Compliance with ISO 14644-8 Re-performance within two hours of notification. Environmental Report Tops of Floor C.5, inclusive Compliance with ISO 14644-8 Re-performance within two hours of notification. Environmental Report Under-Floor Plenum Cleaning C.6, inclusive Compliance with ISO 14644-8 Re-performance within two hours of notification. Environmental Report Supply, Return and Outside Air Ducts C.7, inclusive Compliance with ACR 2006 Re-performance within two hours of notification. Environmental Report Cleanup C.8, inclusive 0 defect per month Re-performance within two hours of notification. Periodic validation, random inspection by the COR. Unique Requirements C.14, inclusive 0 defect per month Re-performance within two hours of notification. Periodic validation, random inspection by the COR. Quality Control C.21 1 valid defect per month Contractor shall provide a written Corrective Action Report. Periodic validation, random inspection by the COR. C.21 Quality Control Plan (QCP) a. The Contractor shall establish and implement a complete Quality Control Plan (QCP) to assure the requirements of the Contract are met. The QCP is a system for identifying and correcting deficiencies in quality of services before the level of performance becomes unacceptable. The draft QCP shall be prepared by the Contractor and provided to the CO and COR as part of the bid package for review and acceptance by the Government. b. The QCP is a living document and may be subject to change depending on the needs of the contract. When the QCP is revised the Contractor is required to provide an updated QCP, maintenance schedule, and listing of current employees to the CO and COR for acceptance. c. The QCP shall include the following, as a minimum: •· Address the areas identified in Paragraph C.20, Performance Requirements Summary. •· An inspection plan or checklist tailored to the specific building(s) being inspected, cleaned, and serviced under this contract. The inspection plan or checklist shall detail how services at the work site shall be inspected/tested to ensure that the outcome of the work meets all quality standards set forth in the Contract and shall include, but is not limited to: 1) Date of inspection performed. 2) Location of inspection. 3) Description of findings. 4) Description of action(s) taken (if necessary) 5) Signature and date of completion •· A training program to ensure that Contractor employees are capable of successfully accomplishing all work task(s) under this contract. •· How Contractor shall monitor deficiencies of work output in relation to the Contractor's performance standards, methods of informing employees of deficiencies in the area(s) of responsibility, and a process to ensure that the deficiencies are corrected and do not reoccur. C.22 Quality Assurance The Government will periodically evaluate the Contractor's performance in accordance to the Quality Assurance Surveillance Plan (QASP). All surveillance observations will be recorded by the Government. C.23 Periodic Validations a. This method requires the COR to employ a "spot check" style of evaluation. Periodic validations will be conducted after receipt of the environmental report. b. Any unsatisfactory inspection (defect) result shall be recorded, and the Contractor shall re-perform the service within two (2) hours after notification. c. Exceeding the performance threshold of these performance objectives in any one month period shall result in a warning or letter of concern from the CO. d. Exceeding the performance threshold for performance objectives for any two or more consecutive inspection/cleaning during the contract period shall constitute an immediate Progress Meeting with the CO and COR. C.24 Periodic Annual Progress Meetings a. The CO and COR, and the Contractor shall periodically meet to discuss the Contractor's performance. b. The minutes of these meetings will be reduced to writing, signed by the CO and any other signature as deemed appropriate. Should the Contractor not concur with the minutes, the Contractor will provide a written notification to the CO identifying areas of non-concurrence for resolution. C.30 General Information C.31 Hours of Operation. The IRC hours of operation are 5:00 AM to 5:00 PM. The Contractor may find it necessary to deviate from the normal IRC hours of operations to ensure timely completion of work under this PBSOW at no additional cost to the Government. C.32 Federal Holidays New Year's Day - 1 January Martin Luther King Day - 3rd Monday in January President's Day - 3rd Monday in February Memorial Day - last Monday in May Independence Day - 4 July Labor Day - 1st Monday in September Columbus Day - 2nd Monday in October Veteran's Day - 11 November Thanksgiving Day - 4th Thursday in November Christmas Day - 25 December If these holidays fall on Saturday, then the preceding Friday will be observed. If these holidays fall on Sunday, the following Monday will be observed. If a holiday falls on a scheduled service day, the Contractor will be responsible for rescheduling services for the first day post the holiday observance. C.33 Base Closures Work scheduled but not accomplished because of base closure due to weather, exercises, or actual alert, will be accomplished as soon as possible after reopening the base. C.34 Security a. The Contractor shall comply with all DOC, DOD/Navy, and local security requirements to obtain the Navy Commercial Access Control System (NCACS) credential, currently RAPIDGate. For NCACS enrollment, the Contractor shall provide company's name, address, and phone number (to include sub-contractors) to the COR. The COR will provide the information to the NCACS action officer. The Contractor shall fill out the NCACS enrollment form and send to RAPIDGate (877-727-4342 or email info@rapidgate.com) and COR. The Contractor shall pay the enrollment fee upon the NCACS action office approval. The Contractor will receive the company code and instruct their personnel to register at the Nimitz Pass and identification (PID) Office (Building 3455) kiosk. (Note: The Nimitz PID Office hours of operation is Monday through Friday, 0730-1530, and is located at 1250 South Drive). The contractor or employee (as determined by the company) will pay the NCACS employee fee. An employee will be authorized a NCACS credential following a positive background check completion. (Note: If negative backgrounds check results, the employee will neither be authorized base access nor issued a NCACS credential). The employee NCACS credential will be mailed to the Nimitz PID Office. The employee will take the I-9 documents to Nimitz PID Office and be issued the NCACS credentials following PID personnel verification. b. All contractor employees shall wear and display the NCACS credential at all times when on JBPHH. Contractor employees shall comply with any JBPHH security measure implemented at all times. This includes, but is not limited to, vehicle and goods searches and identification checks during times of increase security. Program Enrollment Price Single Installation Company $199 annually Single Installation Employee $159 annually Enterprise (multiple installations) Company $249 annually 2 or more installations Enterprise (multiple installations) Employee $199 annually 2 or more installations 90 day Option Employee $59 per 90 days Replacement Credential Employee $30 per credential C.35 Vehicles and Passes a. A base vehicle decal/pass will not be required for vehicles of NCACS participants, as the NCACS credential is used to access the base. However, if contractor personnel try to access the base outside of the access restriction hours, entry will be denied. b. Contractor vehicles are subject to search prior to entering, exiting, and while on JBPHH. C.36 Traffic Laws The Contractor and its employees shall comply with JBPHH traffic regulations. C.37 Physical Security At the end of each work period all Government facilities, equipment, and materials shall be secured. C.38 Personnel a. Contractor personnel shall present a neat appearance. Contractor personnel shall be easily recognizable while on the IRC campus in conjunction with this contract. This shall be accomplished through the wear of distinctive clothing, overcoats, or hats, bearing the company name or logo. The coloring or design of the items selected should be such that identifies personnel easily and quickly for reasons of safety and personal protection. b. The Government is authorized to restrict the employment under the contract of any Contractor employee or prospective Contractor employee, who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the IRC and its population. C.39 Contracting Officer (CO) and Contracting Officer Representative (COR) Quality Assurance Personnel The CO will appoint a primary and alternate representative for management of the day to day activities of the contract. The identity, tile, and authority of this representative will be provided in writing to the contractor after contract award. C.40 Appendices Appendix A - Map and Floor Plan Appendix B - Quality Assurance Surveillance Plan (QASP) Appendix A - Map and Floor Plan Map of Ford Island Floor Plan of Building 184 Communication Room is approx. 90 SF IT Space IT Space Floor Plan of Building 166 IT Space Building 130 - Area A IT Space Building 130 - Area B MDF and UPS Room is approx. 560 SF IT Space Building 130 - Area C Well House IDF is approx. 80 SF IT Space Main Facility First Floor - West Secured Storage Room is approx. 100 SF Telecommunication Rooms (6 total) are approx. 1,100 SF Exhibit Server Room is approx. 220 SF IT Space Main Facility First Floor - East IT Space Main Facility Second Floor - West Telecommunication Rooms (6 total) are approx. 1,500 SF IT Space Main Facility Second Floor - East IT Space Main Facility Third Floor IT Group Computer Server Room is approx. 3,000 SF Telecommunication Room (1 total) is approx. 180 SF IT Space IT Space Appendix B - Quality Assurance Surveillance Plan (QASP) This Quality Assurance Surveillance Plan (QASP) has been developed for the computer room cleaning, and HVAC cleanliness inspection and supply and return ductwork service contract at the National Oceanic and Atmospheric Administration (NOAA) Daniel K. Inouye Regional Center (IRC) located in Honolulu, HI. It is designed to provide NOAA with an effective surveillance method of monitoring and evaluating the Contractor's performance under a Performance-Based Statement of Work for computer room cleaning, and HVAC cleanliness inspection and supply and return ductwork services. A. Purpose of the QASP 1. The QASP is intended to accomplish the following: a. Identifies the performance objectives based on the PBSOW in accordance with FAR Part 46.401(a)(1). b. Identifies the performance quality level standards in accordance with FAR Part 37.601(a)(2). c. Describes the methods of surveillance for NOAA to identify quality levels in accordance with FAR Part 46.401(a)(2). d. Establishes a method to provide feedback to the Contractor regarding quality and timeliness of the service performance. e. Establishes timeframes for the communication and performance improvement if needed. 2. The Contractor has developed a Quality Control Plan (QCP) that establishes procedures and responsibilities for controlling the quality of work to be performed. The Contractor is responsible for the implementation of the QCP. B. Types of Work to be Performed 1. The Contractor performance in providing the following computer room cleaning, and HVAC cleanliness inspection and supply and return ductwork services shall be evaluated by the Government: a. Exterior Hardware Cleaning b. Tops of Floor c. Under Floor Plenum Cleaning d. Supply, Return, and Outside Air Ducts e. Clean up f. Unique Requirements g. Quality Control C. QASP Standard Performance Objective PBSOW Paragraph Performance Threshold Exterior Hardware Cleaning Contractor professionally maintains a clean room support environment of all racks, furniture, vents, cabinets, control units, overhead pipes, lighting fixtures, shelves with anti-static interference suppressed equipment and anti static chemical using protocol according to IES standard RP-0018 and ISO Standard 14644 (industry standards). C.4 Compliance with ISO 14644-8 Tops of Floor Contractor professionally maintains a clean floor surface with HEPA/ULPA vacuum decontamination and anti static solution using protocol according to IES standard RP-0018 and ISO Standard 14644 (industry standards). C.5 Compliance with ISO 14644-8 Under Floor Plenum Cleaning Contractor professionally maintains a clean under floor Plenum with systematic lifting of accessible tiles, HEPA/ULPA CRV (efficiency rating 99.99% at.3 microns) vacuuming of stringers and pedestals: complete sub floor HEPA/ULPA vacuum decontamination and wiping of access floor stringers using clean anti-static solution using protocol according to IES standard RP-0018 and ISO Standard 14644 (industry standards). C.6 Compliance with ISO 14644-8 Supply, Return, and Outside Air Ducts Contractor follows NADCA ACR 2006 for assessment, cleaning, and restoration of HVAC ductwork. C.7 Compliance with ACR 2006 Clean Up Contractor keeps the worksite cleaned by insuring all debris and equipment are removed from the jobsite daily. C.8 0 defect per month Unique Requirements Contractor follows NADCA ACR 2006 for assessment, cleaning, and restoration of HVAC ductwork and satisfy the unique requirement. C.14 0 defect per month Quality Control Quality Control procedures are implemented to ensure non-performance and continual repeat of defective services does not occur. C.21 1 valid defect per month SURVEILLANCE: The Government COR will receive complaints from DKIRC personnel and pass them to the Contractor's Quality Control Inspector (QCI) for correction. The COR will also conduct periodic inspections for quality performance. Validated Customer Complaint (VCC). Complaints will be validated by the COR and the Supervisor as validated customer complaints when the work consists of skipped or missed tasks. Example of customer complaints include large amounts of liquid on raised floors, mildew found on wall tile grout, torn plastic trash receptacle liner not replaced, etc. For any deficiency noted, the COR will complete a Quality Deficiency Report and the Contractor will be notified either by telephone or email and all work must be completed by close of business same day if reported by 7:00 a.m., or before 12:00 p.m. the next business day. STANDARD : Customer complaints or QA findings do not exceed the performance threshold. The COR shall notify the contracting officer, if any of the above service areas exceed the performance threshold per month. PROCEDURES : Any facility employee that observes unacceptable services, either incomplete or not performed, for any of the above performance objectives should immediately contact the COR, and the COR will complete appropriate documentation to record the complaint. The COR will consider the customer complaint valid upon receipt from the customer. The COR should inform the customer of the approximate time the unacceptable performance will be corrected, and advise the customer to contact the COR, if not corrected. The COR will consider customer complaints as resolved unless notified otherwise by the customer. The COR shall verbally notify the Contractor's Quality Control Inspector (QCI) to pick-up the written customer complaint. The QCI will be given two hours after verbal notification to correct the unacceptable performance. If the QCI disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the QCI will notify the COR. If the COR determines the complaint as invalid, he will document the written complaint of the findings and notify the customer. The COR will retain the annotated copy of the written complaint for his/her files. If after investigation the COR determines the complaint as valid, the COR will inform the QCI, and the QCI will be given an additional hour to correct the defect. A defect will not be recorded if proper and timely correction of the unacceptable condition(s) is accomplished. The QCI shall return the written customer complaint document, properly completed with actions taken, to the COR, who will file the complaint for monitoring future recurring performance. Recurring customer complaints are not permitted for any of the above service items. If a repeat customer complaint is received indicating the same deficiency during the service period (month, quarter, etc.), the COR should contact the Contracting officer for appropriate action.
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Place of Performance: Address: Services to be provided at location:, National Oceanic and Atmospheric Administration, Daniel K. Inouye Regional Center (IRC), 1845 Wasp Boulevard, Honolulu, Hawaii, 96818, United States; Zip Code: 96818
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