FBODaily.com | FedBizOpps: MOD | 58 | Radio Comminication Shelters - Amendment 1

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 11, 2015 FBO #5040
MODIFICATION

58 -- Radio Comminication Shelters - Amendment 1

Notice Date: 9/9/2015
Notice Type: Modification/Amendment
NAICS: 334290 — Other Communications Equipment Manufacturing
Contracting Office: Department of Agriculture, Forest Service, WO-AQM IT Support, Albuquerque Service Center, Pan American Bldg, Suite 200, 101 B Sun Ave NE, Albuquerque, New Mexico, 87109, United States
ZIP Code: 87109
Solicitation Number: AG-7604-S-15-0096
Archive Date: 9/17/2015
Point of Contact: Michael DeSouto, Phone: 540-265-5171
E-Mail Address: mdesouto@fs.fed.us
(mdesouto@fs.fed.us)
Small Business Set-Aside: N/A
Description: Revised Solicitation Language - Edited This is an open market FFP FAR Part 12 Commercial combined synopsis/solicitation for Radio a Communication Shelter IAW FAR Part 13.5. This is a 100% Small Business Set-a-Side IAW FAR 19 under the NAICS Codes 334220, 238190, 334290, 332311, and 327390. This combined synopsis/solicitation will result in multiple awards IDIQ's to multiple Small Business Shelter Manufactures not to exceed $1M in orders per contract/vendor over 5 a year Period of Performance. See all attached documents. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83. Complete and submit all of the (attached) following documents along with Technical Volume I and Pricing Volume II: 1- CERTIFICATION OF UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION, 2- Reps and Certs, and 3- All requested/attached documents provided within the Statement of Objectives (SOO). PROVISIONS and CONTRACT CLAUSES: FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) see for full text at: www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. Additional FAR clauses cited in the clause that are applicable to the acquisition are: 52.203-6, 52.219-27, 52.222-3, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-39, 52.223-15, 52.225-5, 52.225-13, 52.232-33, 52.239-1, 52.223-15 52.212-1 - Instructions to Offerors -- Commercial Items (Feb 2012) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted by Technical Volume I and Pricing Volume II, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show -- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during pre-award testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 12:00 p.m., EST, for the designated Government office on the date that offers or revisions are due. (2) Late Offers. (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978). (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites-- (i) ASSIST ( http://assist.daps.dla.mil ). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch/ ) (iii) ASSISTdocs.com ( http://assistdocs.com ). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard ); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Systems for Award Management (SAM) Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov, www.fsd.gov or by calling 1-888-227-2423. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of Provision) ADDENDUM TO PROVISION FAR 52.212-1 PROPOSAL ORGANIZATION The Offeror shall organize its proposal in two volumes by e-mail to the Contracting Officer as separate PDF files or Excel formatted as follows: Technical Proposal Volume I Price Catalog Proposal Volume II Volume I: A detailed technical discussions demonstrating how the proposed Shelters and Equipment that meets all of the requirements of the Requirements Document. Shelters offered which have salient characteritics and specifications similar to those specified in the SOO must demonstraete "or equal" characteristics-specifications to be considered for evaluation. A detailed narrative describing the past performance of the Shelters to previous Government entities; problems encountered with performance or deployment of Shelters; solutions made by the offeror; Written Warranties, Written Quality Control plan; Product pictures, diagrams, and specifications; Third party Testing Certifications for claimed ratings (i.e. Ballistic Levels, Grounding, Equipment Protection, Other); Terms and Conditions; and 2 references for prior customers to be contacted by the Forest Service. Technical proposal limited to 30 pages. Volume II: Proposed Turn-Key Shelter pricing broken out as follows with any exceptions to Volume I Terms and Conditions: 1. Firm Fixed Price Catalog to include all standard Shelter sizes, all available options, additional equipment (i.e. generators, solar, towers) and installation rates (i.e. electrical hook-ups, concrete work/slabs). 2. Firm Fixed Price with Economic Adjustment for Delivery rates per mile from manufactures location with commercially acceptable mileage/fuel index basis, estimated heavy equipment rates based on locality; 3. Volume Discount Rates for meeting Shelter Minimum Annual Guarantees of Orders in dollars or number of shelters. Propose Volume Discount Rates based on Tiers (i.e. Tier I min. 10 Shelters or $100,000 in Annual Orders is 3% discount; Tier II min. 20 Shelters or $200,000 in Annual Orders is 6% discount; Tier III min. 30 Shelters or $300,000 in Annual Orders is 9% discount). 4. Pricing for Extended Warranties and other Services. 5. Price quote for first Shelter being requested (see attached) as a minimum guarantee. 6. If any of the above pricing is an exception to economic price adjustment or unavailable/volatile, please annotate in the Pricing Volume and describe the risk considerations/variables that limit pricing for consideration. The lack of pricing information may reduce the Government confidence in vendor's ability to control costs which increases unknown cost risks to Government. This may have a negative effect on selection as "Best Value" vendor but doesn't necessarily eliminate offer from competitive range. 7. Any other shelters offered but not specified in the SOO may be evaluated and considered, if in the best intrest of the government, which demonstraes salient characteristics similar to those specifications found in the SOO. &emsp; 52.212-2 - Evaluation -- Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: SEE ADDENDUM TO PROVISION FAR 52.212-2 EVALUATION CRITERIA at bottom of this description. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2011) (IAW FAR 12.301(b)(4)) (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)). __X __ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __X __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). __X __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ __ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-15). __ __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). __ __ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161). __ __ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011)(15 U.S.C. 657a). __X __ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). (10) [Reserved] __X__ (11) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003)(15 U.S.C. 644). __ __ (11) (ii) Alternate I (Oct 1995) of 52.219-6. __ __ (11) (iii) Alternate II (Mar 2004) of 52.219-6. __ __ (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644). __ __ (12) (ii) Alternate I (Oct 1995) of 52.219-7. __ __ (12) (iii) Alternate II (Mar 2004) of 52.219-7. __ __ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ __ (14) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011)(15 U.S.C. 637(d)(4)). __ __ (14) (ii) Alternate I (Oct 2001) of 52.219-9. __ __ (14) (iii) Alternate II (Oct 2001) of 52.219-9. __ __ (14) (iv) Alternate III (Jul 2010) of 52.219-9. __X (15) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). __ __ (16) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ __ (17) (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). (In accordance with DDP Memo dated 11 Feb 2009, DAR Tracking Number 2009-O0003, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13 March 2009 to 13 March 2010.) __ __ (17) (ii) Alternate I (June 2003) of 52.219-23. (In accordance with DDP Memo dated 11 Feb 2009, DAR Tracking Number 2009-O0003, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13 March 2009 to 12 March 2010.) __ __ (18) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ __ (19) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ __ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f). __ __ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ __ (22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). __ __ (23) 52.219-30, Notice of Total Set-Aside of Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011). __X __ (24) 52.222-3, Convict Labor (June 2003)(E.O. 11755). __X __ (25) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010)(E.O. 13126). __X __ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __X __ (27) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). __X __ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). __X __ (29) 52.222-36, Affirmative Action For Workers with Disabilities (Oct 2010)(29 U.S.C. 793). __X __ (30) 52.222-37, Employment Reports on Veterans (Sep 2010)(38 U.S.C. 4212). __ __ (31) 52.222-40, Notification of Employee Rights Under the National Labor relations Act (Dec 2010) E.O. 13496). __ __ (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.) __X __ (33) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ _ (33) (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.) __ __ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b). __ __ (35) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). __ _ (35) (ii) Alternate I, (Dec 2007) of 52.223-16. __ __ (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011). __X __ (37) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d). __ __ (38) (i) 52.225-3, Buy American Act--Free Trade Agreement--Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ _ (38) (ii) Alternate I (Jan 2004) of 52.225-3. __ _ (38) (iii) Alternate II (Jan 2004) of 52.225-3. __X __ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X __ (40) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury). __ __ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150). __ __ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150). __ __ (43) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 522(f), 10 U.S.C. 2307(f)). __ __ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __X __ (45) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003)(31.U.S.C. 3332). __ __ (46) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999)(31.U.S.C. 3332). __ __ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ __ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). __ __ (49) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ _ (49) (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351 et seq.). __ __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 U.S.C. 351 et seq.). __ __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). __ __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). X__ (9) 52.246-4, Inspection of Services -- Fixed-Price (Aug. 1996) (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 paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 20106) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-10, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007),(41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104 (g)). X Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007)(41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. &emsp; 52.217-8 - Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 3day of contract expiration. 52.217-9 - Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 3 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Best Value Determination based on Price, Technical, and Past Performance. (b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Offerors must include a completed copy of the provision at 52.212-3, unless have already registered in SAM. All offerors must be registered in SAM to be considered for award at www.sam.gov. OFFERORS MUST SIGN AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) ALTERNATE 1 (FEB 2012) AND AGAR 452.209 - 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS ALTERNATE 1 (FEB 2012). IF OFFEROR DOES NOT SIGN BOTH AGAR CLAUSES THEY WILL NOT BE ELEGIBLE FOR AWARD. SEE NEXT: AGAR 452.209 - 70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012) (a) Awards made under this solicitation are subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation. (b) The Offeror represents that - (1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.) If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked "is not" above, Offeror may leave the remainder of the representation blank. (2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer. (ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer. (3) The Offeror does [ ], does not [ ] (check one) have 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. Alternate 1 (Feb 2012). The Contracting Officer shall use this alternate for all Forest Service solicitations above the micro-purchase threshold: (a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation. (b) The Offeror represents that - (1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.) If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked "is not" above, Offeror may leave the remainder of the representation blank. (2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer. (ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer. (3) The Offeror does [ ], does not [ ] (check one) have 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) AGAR 452.209 - 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it - (1) does not have a tax delinquency, meaning that it is not subject to 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, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government. (b) If the awardee fails to comply with these provisions, Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739. (End of Clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2011) (IAW FAR 12.301(b)(4)) (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)). __X __ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __X __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). __X __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ __ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-15). __ __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). __ __ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161). __ __ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011)(15 U.S.C. 657a). __X __ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). (10) [Reserved] __ __ (11) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003)(15 U.S.C. 644). __ __ (11) (ii) Alternate I (Oct 1995) of 52.219-6. __ __ (11) (iii) Alternate II (Mar 2004) of 52.219-6. __ __ (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644). __ __ (12) (ii) Alternate I (Oct 1995) of 52.219-7. __ __ (12) (iii) Alternate II (Mar 2004) of 52.219-7. __X __ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ __ (14) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011)(15 U.S.C. 637(d)(4)). __ __ (14) (ii) Alternate I (Oct 2001) of 52.219-9. __ __ (14) (iii) Alternate II (Oct 2001) of 52.219-9. __ __ (14) (iv) Alternate III (Jul 2010) of 52.219-9. __X (15) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). __ __ (16) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ __ (17) (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). (In accordance with DDP Memo dated 11 Feb 2009, DAR Tracking Number 2009-O0003, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13 March 2009 to 13 March 2010.) __ __ (17) (ii) Alternate I (June 2003) of 52.219-23. (In accordance with DDP Memo dated 11 Feb 2009, DAR Tracking Number 2009-O0003, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13 March 2009 to 12 March 2010.) __ __ (18) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ __ (19) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ __ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f). __ __ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ __ (22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). __ __ (23) 52.219-30, Notice of Total Set-Aside of Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011). __X __ (24) 52.222-3, Convict Labor (June 2003)(E.O. 11755). __X __ (25) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010)(E.O. 13126). __X __ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __X __ (27) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). __X __ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). __X __ (29) 52.222-36, Affirmative Action For Workers with Disabilities (Oct 2010)(29 U.S.C. 793). __X __ (30) 52.222-37, Employment Reports on Veterans (Sep 2010)(38 U.S.C. 4212). __ __ (31) 52.222-40, Notification of Employee Rights Under the National Labor relations Act (Dec 2010) E.O. 13496). __ __ (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.) __X __ (33) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ _ (33) (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.) __ __ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b). __ __ (35) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). __ _ (35) (ii) Alternate I, (Dec 2007) of 52.223-16. __ __ (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011). __X __ (37) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d). __ __ (38) (i) 52.225-3, Buy American Act--Free Trade Agreement--Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ _ (38) (ii) Alternate I (Jan 2004) of 52.225-3. __ _ (38) (iii) Alternate II (Jan 2004) of 52.225-3. __X __ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X __ (40) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury). __ __ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150). __ __ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150). __ __ (43) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 522(f), 10 U.S.C. 2307(f)). __ __ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __X __ (45) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003)(31.U.S.C. 3332). __ __ (46) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999)(31.U.S.C. 3332). __ __ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ __ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). __ __ (49) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ _ (49) (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351 et seq.). __ __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 U.S.C. 351 et seq.). __ __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). __ __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). X__ (9) 52.246-4, Inspection of Services -- Fixed-Price (Aug. 1996) (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 paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 20106) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-10, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007),(41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104 (g)). X Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007)(41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. &emsp; 52.217-8 - Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within ______ [insert the period of time within which the Contracting Officer may exercise the option]. 52.217-9 - Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within _____ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least ___ days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed thirty-six (60) months. &emsp; ADDENDUM TO PROVISION FAR 52.212-2 EVALUATION CRITERIA A. PROPOSAL REQUIREMENTS The offeror shall submit a technical proposal, and a price proposal. Source selection will be made on the basis of the technical evaluation of the offerors demonstration in the proposal that the Shelters, Options, Equipment, Delivery, and Installation proposed meet the technical requirements of the Specification and other evaluation factors. The Basis for Contract Award is specified in paragraph C. below. Pricing proposal shall be submitted utilizing all available manufactures Pricing Catalogs requested above and as specified in the Statement of Objectives (SOO). Price will be evaluated utilizing the unit prices multiplied by the estimated quantities for the sixty (60) month ordering period and the initial Shelter request for Quote. B. EVALUATION FACTORS (1) The technical evaluation will be a qualitative assessment of the offerors proposed Shelters, Options, Equipment, Delivery, and Installation capabilities and the technical information submitted with the proposal to determine if it fully meets the following: 1) Technical Proposal - Acceptable/ Not-acceptable 2) Past performance: References for verification of this type experience and performance - Acceptable / Not-acceptable 3) Pricing: Unit price and 5 year pricing overall - Acceptable / Not-Acceptable Award of the contract will be based on best value to the Government stated above. Once the competitive range has been established the Government retains the right to conduct a site visit at some or all of the proposed facilities of the Offerors in the competitive range only. The Government's assessment of the Offerors facilities will be considered, consistent with the evaluation of all factors above, in the evaluation of Offeror proposals. PAST PERFORMANCE: Past Performance information describes how well the Offeror has performed the work described in SOO of this RFQ and how well the Offeror executed that which was promised in the proposal. (Past Performance is different from "experience" which indicates whether the Contractor has performed the work.) The Government will conduct a performance risk evaluation based upon the past performance of the Offeror and its proposed major subcontractors as it relates to the probability of successfully performing the solicitation requirements. In conducting the performance risk evaluation, the Government may use data provided by the Offeror as well as data obtained from other sources including data obtained from other sources that it considers current and accurate. Evaluation of past performance will be conducted in accordance with FAR Subpart 8.4 as supplemented by Best Practices for Collecting and Using Current and Past Performance Information (May 2000), Office of Federal Procurement Policy. All elements of this criterion below are equal in importance. a) Quality of Services: The Offeror will be evaluated on (1) compliance with contract requirements, (2) standards of good workmanship, (3) accuracy of reports, (4) performance of key individuals, and (5) technical excellence to include quality awards/certificates. b) Schedule: The Offeror will be evaluated on timeliness against (1) contract task orders, (2) milestones, (3) delivery schedules, (4) responsiveness to technical direction, and (5) administrative requirements. c) Cost Control: The Offeror will be evaluated on (1) the ability to perform within or below budget, (2) use of cost efficiencies, (3) relationship to negotiated costs to actuals, (4) submission of reasonably priced change proposals, (5) forecasting accuracy and timeliness, and (6) ability to provide current, accurate, and complete timely billings. d) Business Relations: The Offeror will be evaluated on (1) timeliness of interactions, (2) problem identification completeness and quality, (3) corrective action plans, (4) Contractor's history of reasonable and cooperative behavior, (5) customer satisfaction, (6) timely award and management of subcontracts, and (7) the ability to execute effective management, cooperative and proactive behavior with the Client's Representative(s) and Contracting Officer. e) Management of Key Personnel: The Offeror will be evaluated on quality and effectiveness of (1) selecting, (2) retaining, (3) supporting and, when necessary, (4) replacing Key Personnel. f) Scale: The Offeror will be evaluated on the scale of their Past Performance experience relative to the scope of this requirement. g) Demonstrated Effectiveness of Proposed Solution: The Offeror will be evaluated on the effectiveness of the proposed solution by providing the Government with access to customers of comparable size and complexity who have implemented similar solutions within the past three (3) years. The Government may make an onsite visit to the Contractor's and/or customer's facility to evaluate the effectiveness of the proposed solution and the customer's satisfaction with all aspects of the implementation and subsequent performance. Visits to the Customer's facility will be made by the Government unaccompanied by the Offeror. h) Note: In accordance with FAR 15.305, in the case of an Offeror without a record of relevant past performance, the Offeror will not be evaluated either favorably or unfavorably in this area, but instead will receive a neutral rating in the area of past performance. Any proposal determined to clearly not meet the above requirements will be rejected and not further evaluated. (2) Should a proposal for offered Shelters, Options, Equipment, Delivery, and Installation be ambiguous as to whether or not it meets the requirements of paragraph (1) above, it will be included in the competitive range pending clarification of the perceived ambiguities. C. BASIS FOR CONTRACT AWARD Offers will be evaluated in accordance with FAR 52.212-2, included in this solicitation. Technical and Past Performance, when combined are equal to price. Written proposals should include a brief technical proposal addressing how the vendor will meet the contract requirements. Specifically, award will be made to the offerors which propose Shelters, Options, Equipment, Delivery, and Installation which meets the requirements of paragraph B above and offers the overall best value in Shelters, Options, Equipment, Delivery, and Installation within the proposed Base year with Four (4) 1-year options for a total of 5 years.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USDA/FS/WOAQMITS/AG-7604-S-15-0096/listing.html)
Place of Performance: Address: Locations Nationwide TBD, 101 Sun Ave NE Suite 200, New Mexico, 87019, United States; Zip Code: 87019
Record: SN03878210-W 20150911/150910000321-8e140536462eb51d4ddcc0383f73e038 (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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58 -- Radio Comminication Shelters - Amendment 1