FBODaily.com | FedBizOpps: PRESOL | J | Elevator Mainteance - Performance Work Statement

FBO DAILY - FEDBIZOPPS ISSUE OF OCTOBER 06, 2016 FBO #5431
SOLICITATION NOTICE

J -- Elevator Mainteance - Performance Work Statement

Notice Date: 10/4/2016
Notice Type: Combined Synopsis/Solicitation
NAICS: 238290 — Other Building Equipment Contractors
Contracting Office: Department of the Army, Army Contracting Command, ACC - APG (W91ZLK) TENANT CONTRACTING DIV, 6001 COMBAT DR, ABER PROV GRD, Maryland, 21005-1846, United States
ZIP Code: 21005-1846
Solicitation Number: W56ZTN-17-R-0001
Archive Date: 11/17/2016
Point of Contact: Amy Bowen, Phone: 4438614751, Lane M. Gary,
E-Mail Address: amy.m.bowen.civ@mail.mil, lane.m.gary.civ@mail.mil
(amy.m.bowen.civ@mail.mil, lane.m.gary.civ@mail.mil)
Small Business Set-Aside: Total Small Business
Description: Technical Exhibit attachment 2 Performance Work Statement attachment 1 The combined synopsis/ solicitation number is W56ZTN-17-R-0001. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-89. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Government contemplates award of a Firm-Fixed Price (FFP) Purchase Order for Elevator Service and Maintenance for the United States Army Garrison, Aberdeen Proving Ground (USAG-APG), in accordance with the attachment: Performance Work Statement Elevator Service and Maintenance (Attachment 1) and Technical Exhibit (Attachment 2). This solicitation is set aside 100% for small business. The Associated North America Industry Classification Code (NAICS) is 238290 and the Business Size Standard is $15 million. This acquisition is in accordance with FAR Part 12 Acquisition of Commercial Items, FAR Part 13.5Simplified Procedures for Certain Commercial Itemsin conjunction with FAR Part 15 Contracting by Negotiation and FAR Part 19 Small Business Programs. Acceptance and inspection shall be at DESTINATION. Work shall be conducted at Various Locations within the Aberdeen Proving Ground community, as well as offsite locations in support of Aberdeen Proving Ground. BACKGROUND: The Aberdeen Proving Ground (APG) Directorate of Public Works (DPW) has a requirement for non-personal service contract for Elevator Preventive Maintenance and Repair of elevators located throughout the Aberdeen Proving Ground (APG) community. See attached Performance Work Statement (Attachment 1) and Technical Exhibit (Attachment 2) for more details. A cover letter shall accompany the offeror(s) proposal and should consist of the following data: Company Name: Company Address: Contact Name: Contact E-Mail: Contact Number: Cage Code: Base Year Overall Total: Option Year One (1) Overall Total: Option Year Two (2) Overall Total: Option to Extend Services Overall Total: Overall (Base and all Options) Total: CLIN 0001: Firm Fixed Price. QUANTITY: 12 UNIT: Months OVERALL PRICE: ________ Elevator Preventative Maintenance and Repair of Elevators. Various Locations through Aberdeen Proving Ground. CLIN 0002: Contractor Manpower Reporting (CMRA) QUANTITY: 1 UNIT: Job OVERALL PRICE: ________ The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this purchase order for refuse and recycling. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil/, by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Components Contractor Manpower Reporting website. CLIN 1001: Option Year (1) one. Firm Fixed Price. QUANTITY: 12 UNIT: Months OVERALL PRICE: ________ Elevator Preventative Maintenance and Repair of Elevators. Various Locations through Aberdeen Proving Ground. CLIN 1002: Contractor Manpower Reporting (CMRA) QUANTITY: 1 UNIT: Job OVERALL PRICE: ________ The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this purchase order for refuse and recycling. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil/, by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Components Contractor Manpower Reporting website. CLIN 2001: Option Year (2) two. Firm Fixed Price. QUANTITY: 12 UNIT: Months OVERALL PRICE: ________ Elevator Preventative Maintenance and Repair of Elevators. Various Locations through Aberdeen Proving Ground. CLIN 2002: Contractor Manpower Reporting (CMRA) QUANTITY: 1 UNIT: Job OVERALL PRICE: ________ The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this purchase order for refuse and recycling. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil/, by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Components Contractor Manpower Reporting website. CLIN 3001: Option to extend contract for six (6) months in accordance with FAR Clause 52.217-8. Firm Fixed Price. QUANTITY: 6 UNIT: Months OVERALL PRICE: ________ Elevator Preventative Maintenance and Repair of Elevators. Various Locations through Aberdeen Proving Ground. CLIN 3002: Contractor Manpower Reporting (CMRA) QUANTITY: 1 UNIT: Job OVERALL PRICE: ________ The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this purchase order for refuse and recycling. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil/, by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Components Contractor Manpower Reporting website. In order to be considered for award, the offeror shall complete the Priced CLINs in its entirety, to include outward year pricing for option year(s) One (1) and Two (2) and the option to extend services for up to six (6) months in accordance with FAR Clause 52.217-8. Offerors shall submit all resume(s), certificate(s) and any other pertinent supporting documentation with the proposal as proof of qualification of technical acceptability for the technical factors outlined in FAR Clause 52.212-2, Evaluation - Commercial Items (see below). All proposals are due no later than Wednesday November 2, 2016 at 10:00 a.m. EST at the following e-mail address: Amy Bowen, Purchasing Agent amy.m.bowen.civ@mail.mil and Lane Gary, Contracting Officer, lane.m.gary.civ@mail.mil Proposals shall be submitted in electronic format. No telegraphic or hard copies of proposals will be accepted. For questions concerning this solicitation, offerors shall contact Amy Bowen, Purchasing Agent at amy.m.bowen.civ@mail.mil and/or Lane Gary, Contracting Officer at lane.m.gary.civ@mail.mil. Any/all questions shall be submitted no later than 17 OCTOBER 2016 at 1000 EST. All questions will be answer via an amendment to the solicitation. NO TELEPHONE REQUESTS WILL BE HONORED. CLAUSE INCORPORATED BY FULL TEXT 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (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. This is a Lowest Price Technically Acceptable (LPTA) award. The following factors shall be used to evaluate to determine offeror's technical acceptability. The contractor must be found technically acceptable in all factors in order to be considered for award. A furnished copy all resume(s), certificates(s) and any other pertinent supporting documentation shall be submitted with the proposal as proof of qualification. Failure to submit proof of qualification will result in a rating of Technically Unacceptable. The following technical factors shall be used to evaluate offers: (a) Contractor shall provide licensed journeymen elevator mechanics with a minimum 5 years of experience for this requirement. Resumes, proof of experience and training shall be provided. (b) Mechanics shall be National Elevator Industry Educational Program certified or equivalent and have a current state license. Proof of certification and state license of proposed contractor personnel shall be provided. (c) Price. (d) 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). (e) 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. 52.212-4 -- Contract Terms and Conditions -- Commercial Items. (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. Addenda to FAR 52.212-4 1. Stop Work Order, FAR Clause 52.242-15 (August 1989) [In accordance with FAR 42.1305 (b)(1) and FAR 12.302, the clause at FAR 52.242-15, Stop Work Order is incorporated herein.] (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided inthe Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. 52.252-1 Solicitation Provisions Incorporated by Reference: This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (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: __x_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). __x_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). _x__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). _x__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __x_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). _x__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __x_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). _x__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _x__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). _x__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __x_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __x_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). __x_ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May _x__ (54) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (55) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for (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: __x_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _x__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). _x__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __x_ (5) 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). __x_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 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 $700,000 ($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 (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 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.) (xiii) 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) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 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). (xvii) 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. (xviii) 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. 52.217-8 Option to Extend Services 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 30 days. 52.217-9 -- Option to Extend the Term of the Contract (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years and six (6) months. 52.252-1 -- Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm 52.252-2 -- Clauses Incorporated by Reference. Clauses Incorporated by Reference This contract incorporates one 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/these address(es): http://farsite.hill.af.mil/vffara.htm The following provisions and clauses will be incorporated by reference: 52.204-7, System for Award Management. 52.204-13 System of Award Management Maintenance. 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.212-1 Instruction to Offerors Commercial Items 52.212-3, Alt I Offeror Representations and Certification -Commercial Items (JUL 2016) Alternate I 52.222-37 Employment Reports on Disabled veterans and Veterans of the Vietnam Era 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.222-54, Employment Eligibility Verification (Jul 2012 52.223-5 Pollution Prevention and Right to Know Information 52.223-6 Drug Free Workplace 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13 Restrictions on Certain Foreign Purchase 52.232-1 Payments 52.232-8 Discounts For Prompt Payment 52.232-11 Extras 52.232-33 Payment by electronic Funds Transfer-System for Award Management 52.232-39 Unenforceability of Unauthorized Obligation 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.237-1 Site Visit 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 52.239-1, Privacy or Security Safeguards 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim 52.247-34 FOB Destination 252.201-7000 Contracting Officers Representative. 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7003 Agency Office of the Inspector General 252.203-7996 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation. 252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. 252.204-7000 Disclosure of Information 252.204-7004 Alt A System for Award Management Alternate A 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 252.204-7009 Limitation on the Use or Disclosure of Third Part Contractor Reported Cyber Incident Information. 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 252.232-7007 Limitation of Government's Obligation 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 252-211-7003 Item Identification and Valuation 252.243-7001 Pricing of Contract Modifications 252.244-7000 Subcontracts for Commercial Items EXEMPTION CERTIFICATE FROM MARYLAND RETAIL SALES AND USE TAX (JUL 1999) (APG 52.0229-4100) Exemption Certificate No. 30005004 covers exemption from Maryland Retail Sales and Use Tax. AMC-LEVEL PROTEST (NOV 2008) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution. HQ Army Materiel Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527 Facsimile number: (703) 806-8866 or 8875 Packages sent by FedEx, UPS, or other delivery service should be addressed to: HQ Army Materiel Command Office of Command Counsel Room2-1SE3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527 The AMC-level protest procedures are located on the Internet. If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-level protest procedures. http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp Quotations must be dated and received by US Army Contracting Command, Aberdeen Proving Ground, Tenant Division Attention Ms. Amy M. Bowen via email amy.m.bowen.civ@mail.mil no later than November 2, 2016 @ 10:00 PM Eastern Time (ET). All quotations from responsible sources will be fully considered. Vendors who are not registered in the System for Award Management (SAM) database prior to award will not be considered. Vendors may register with SAM by calling 1-866-606-8220 or online at https://www.sam.gov service desk http://www.FSD.gov. For questions concerning this Request for Quotation contact Ms. Amy M. Bowen via email amy.m.bowen.civ@mail.mil. Please provide any questions no later than October 17, 2016 @ 10:00 AM eastern time (ET). NO TELEPHONE INQUIRES WILL BE HONORED.
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Record: SN04297452-W 20161006/161004234440-d4798fe00639d1e8e374b3e891cce2fc (fbodaily.com)
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