FBODaily.com | FedBizOpps: MOD | 19 | NOAA FY17 DOCKSIDE MATOC WAD - Amendment 4

FBO DAILY - FEDBIZOPPS ISSUE OF NOVEMBER 09, 2016 FBO #5465
MODIFICATION

19 -- NOAA FY17 DOCKSIDE MATOC WAD - Amendment 4

Notice Date: 11/7/2016
Notice Type: Modification/Amendment
NAICS: 336611 — Ship Building and Repairing
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division - Seattle, 7600 Sand Point Way, Northeast, Seattle, Washington, 98115-6349, United States
ZIP Code: 98115-6349
Solicitation Number: NMAN7200-133M-17-RQ-0025
Archive Date: 12/6/2016
Point of Contact: John Venaglia, Phone: 206-526-4888, Matt Sanders, Phone: 206 526-6346
E-Mail Address: John.Venaglia@noaa.gov, Matt.Sanders@noaa.gov
(John.Venaglia@noaa.gov, Matt.Sanders@noaa.gov)
Small Business Set-Aside: Total Small Business
Description: DATE FOR QUESTIONS EXTENDED This is a combined synopsis/solicitation for commercial services that is prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice; in accordance with simplified acquisition procedures authorized by FAR 13.5. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. AMENDMENT NO. 5 EXTENDS DATE FOR QUESTIONS TO NOVEMBER 16TH PART I - NOTICE: The National Oceanic and Atmospheric Administration (NOAA), Western Region Acquisition Division, Seattle, WA, on behalf of the Office of Marine and Aviation Operations (OMAO), is soliciting for NOAA VESSEL DOCKSIDE REPAIRS. The contract type will be a multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contract a.k.a. MATOC. The ordering period is five years, with no option years. Our website: http://www.omao.noaa.gov/learn/marine-operations/ships The maximum value of the contract, including all task orders (for all ships) will not exceed seven million dollars: $7,000,000. When the limit is reached no more orders will be issued. NAICS: The North American Industry Classification System (NAICS) code is 336611, and the Small Business Size Standard is 1000 employees. This solicitation is issued as a Request for Quotation (RFQ). Submit written quotes for RFQ Number AB-133M-17-RQ-0025. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-91 (effective 30 Sep 2016). This is 100% small business set aside. This contract may be used by the full spectrum of NOAA's Fleet, and Contracting Offices. All responsible sources may submit a quotation which shall be considered by the agency. ***All vendors doing business with the Government are required to be registered with the System for Award Management (SAM), at www.sam.gov, which replaces the CCR and ORCA systems formerly used for this purpose. NO award can be made unless the vendor is registered in SAM. *** In order to register in SAM and be eligible to receive an award from this acquisition office, all vendors must first have a Data Universal Numbering System (DUNS) number issued by Dun & Bradstreet, Inc. Vendors may obtain a DUNS number free of charge by visiting http://fedgov.dnb.com/webform or by calling the Dun & Bradstreet Customer Resource Center at (800) 333-0505. TASK/ORDERS: The following three task orders are being solicited with this RFQ and will be awarded to the selected awardees of the FY17-21 Fleet MATOC. Documents are attached for: Task Order # 001 NOAA Ship: FAIRWEATHER: The Period of performance is from 12/12/2016 - (CHECK): Place of Performance: NEWPORT OREGON. Task Order # 002 NOAA Ship: RAINIER. The Period of performance is from 12/07/2016 - 2/24/2017 : Place of Performance: NEWPORT OREGON Task Order # 003 NOAA Ship: O. E. SETTE. The Period of performance for Task Order 003 is from 12/01/2016 - (CHECK) Place of performance: (verify where this is located before issuing RFQ) This procurement falls within the provisions of the Service Contract Act of 1965, as amended, which among other requirements imposes mandatory minimum wages by occupation code as well as establishes an hourly minimum wage of $10.10 if not otherwise provided for by an occupation code. Contractors are referred to FAR Clause 52.222-41, "Service Contract Act of 1965. The location of the awardee will determine the Service Contract Act (SCA) Wage Determination applicable to this action. BONDING REQUIRED: YES &emsp; PART II - GENERAL INSTRUCTIONS: ADDENDUM TO: FAR FAR 52.212-1 INSTRUCTIONS TO OFFERORS (OCT 2015 ) GENERAL INSTURCTIONS NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information may result in the quote being considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror. (1) The quote must ADDRESS OUR EVALUATION CRITERIA AND be prepared in three parts: technical, past performance, and a price for each Task Order that is being quoted. (CONSIDERATION FOR AWARD OF BASE CONTRACT "THE MATOC" IS NOT DEPENDENET ON PROVIDING QUOTES FOR TASK ORDERS). Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical approach must not contain reference to price; however, adequate information must be contained in the technical approach so that the offeror's technical approach is sufficiently detailed to provide a clear and concise presentation that addresses all contract requirements and demonstrates a clear understanding of the requirements. (2) The technical approach and past performance references should be typed, double-spaced, with one inch margins, using size 11-font or equivalent, and printed, unreduced in size, on 8½" by 11" paper. The technical approach and past performance reference shall be no more than TWENTY (20) pages for the Base IDIQ. The limit for each task order is FIVE (5) pages. There is no need to reproduce the same response for each task order if you can reference the initial response contained in the Base IDIQ. There is no size limitation for price quotes. (3) The offeror shall submit: (by email) a. Technical Approach: 1. OVERALL DETAILED ENGINEERING / TECHNICAL APPROACH IN BASE RESPONSE. This will contain attributes that apply to all projects (present, and future). 2. NOAA SHIP FAIRWEATHER: Individual Technical Approach & details specific to this job which may refer back to #1 Overall Detail. (OPTIONAL) 3. NOAA SHIP SETTE: Individual Technical Approach & detals specific to this job which may refer back to #1 Overall Detail. (OPTIONAL) 4. NOAA SHIP RAINIER: Individual Technical Approach & details specific to this job which may refer back to #1 Overall Detail. (OPTIONAL) b. Past Performance: c. Price Quote: OFFEROR'S QUESTIONS AND COMMENTS: Offerors must submit all questions concerning this solicitation in writing to: John Venaglia, Contract Specialist DOC/NOAA/Western Acquisition Division 7600 Sand Point Way N.E. Seattle, WA 98115-6349 Telephone #: 206-526-6461 E-mail: john.venaglia@noaa.gov Questions should be received no later than c.o.b. of the 5th calendar day after the issuance date of this solicitation (make sure this date is updated prior to RFQ release). Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. Inquiries: Will NOT be available after receipt of proposals. Quotes are due by 10:00 AM PST on: NOVEMBER 17, 2016. Quotes shall be submitted electronically to: John Venaglia: john.venaglia@NOAA.gov Attn: Matt Sanders: EVALUATION AND AWARD The Government will evaluate and award contracts/ task orders according to the following: CAR 1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010) The Government will issue an order resulting from this request for quotation to the responsible Quoters whose quotation results in the best value to the Government, considering both price and non-price factors. After preliminary consideration of all quotations the Contracting Officer and selected technical advisors, will identify from all quotations received one that is suitable to the user. Our decision will be based on a professional analysis of readily discernible value indicators from your proposal. I. EVALUATION FACTORS for Base (IDIQ) Award: (a) Technical Capability. The Quoter will be given a suitability review measuring his general experience in Ship Building and Repair, per NAICS 336611 to include general experience, and the ability to handle surge capacity as described below at item (iii) below. (b) Past Performance. Provide a list of no more than five customer references with contact information, project size in dollars, project date, customer, description and subcontractors used. The Government reserves the right to assess the past performance of proposed subcontractors. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency's knowledge of contractor performance, other Government agencies or commercial entities, or past performance databases. If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating. Price will not be an evaluation factor for the Base Award. II. EVALUATION FACTORS: (All Task Orders) (a) Technical Approach. i. Technical & Management Capability. The Quoter will be evaluated on the range, experience and qualifications of company personnel, excluding subcontractors, relative to the range of capabilities required for ship repair. Describe experience in performing similar requirements, project manager experience and qualifications, key staff qualifications and experience, quality control procedures/program, in-house workforce crafts/trades and certifications, or other relevant information to meet the government's requirements as stated in the Specification, and through the submission and quality of its technical approach to each work item on the attached drydock ship repair specification. Provide the resumes of all Project Managers, Quality Assurance Manager and Ship Superintendents that may be assigned to oversee repair of NOAA vessels. See CAR 1352.237-75 - KEY PERSONNEL clause. ii. Sub-contractor Qualifications. Provide experience and qualifications of readily available subcontractors relative the range of capabilities required for this ship repair. The Quoter will be evaluated on the range, experience and qualifications of each sub. iii. Demonstrated Surge Capacity to maintain schedule. The contractor's plan to bring internal surge capabilities and assets to bear to meet or exceed acceleration/ surge challenges to schedule is vital. As such the prime contractor shall demonstrate their capacity to accomplish ship repair tasks on schedule with in-house, and external assets for this project and on past projects. Request a by-trade/experience matrix showing the depth of your organizational manpower resources on permanent staff by trade and skill/grade and the available subcontractor workforce (i.e. the subcontractors needed for special work). The Quoter will be evaluated on the degree to which the plan addresses major risks, and the degree of preparedness demonstrated. (c) Price Factor: Price evaluations that lead to award of a task order will be based upon quoters' overall price for that respective Task Order. Quoters must submit pricing for the base and all optional items listed in the Task Order Pricing Schedule. The Quoter need not offer a price quote for any task order published in this RFQ to be considered for award of a MATOC; however in order to be considered for a Task Order award, a price quote for that Task Order must be submitted. Prices will be evaluated for reasonableness and the contractor's understanding of the requirements outlined in the Statement of Work. All Quoters who are suitable technically will then be evaluated as to suitability of price. Prices that are determined to be unreasonably high or unreasonably low will not be considered for Task Order award. (End of Provision) BASIS FOR AWARD Applies to subject task orders per attachments below: (a) Award(s) will be made to the quoter(s): whose offer conforms to the RFQ requirements; who is determined responsible in accordance with FAR Part 9.1 by possessing the financial and other capabilities to fulfill the requirements of the contract; and whose quote meets the requirements stated in this solicitation, to provide the best value to the Government in accordance with CAR 1352.213-70. (b) The Government intends to award multiple IDIQ contracts and three Task Orders in response to this solicitation. The Task Orders may be awarded to more than one MATOC contractor. The Government reserves the right not to award a MATOC or Task Order depending on the quality of the quotes submitted. (c) Evaluation of Quotes. All offers received will be evaluated in accordance with the stated evaluation factors. The Government reserves the right to make an award without conversations with any quoter based solely upon initial quotes. Therefore, quoters should ensure that their initial quote constitutes their best quote in terms of both price and the technical solution being proposed. (d) Negotiations. The Government reserves the right to engage in negotiations with all, some, one, or none of the quoters at any time during the evaluation process on any aspect of their quote. (e) Task Orders. A Task Order will be awarded to the MATOC contractor that provides the overall best value to the government and has the capacity to accept the work requirements stated in the Statement of Work. Based upon the results of the integrated assessment of the technical and price quotes, the Government may award a Task Order to other than the lowest-priced quoter or the quoter with the highest technical score if the Contracting Officer determines that to do so would result in the best value to the Government. ATTACHMENTS: No. 1 - NOAA Ship: FARIWEATHER: Attachment 1(a): Task Order No. 1 Statement of Work: NOAA SHIP FAIRWEATHER (S220) FY 2017 DOCKSIDE REPAIR PERIOD Attachment 1(b): Bid Schedule (Task Order No. 001) No. 2 - NOAA Ship: RAINIER: Attachment 2(a): Task Order No. 2 Statement of Work: NOAA SHIP RAINIER(S-221) FY 2017 DOCKSIDE REPAIR PERIOD Attachment 2(b): Bid Schedule (Task Order No. 002) No. 3 - NOAA Ship: O.E. SETTE: Attachment 3(a): Task Order No. 3 Statement of Work: NOAA SHIP SETTE (R335) No. 4 - FY 2017 DOCKSIDE REPAIR PERIOD Attachment 3(b): Bid Schedule (Task Order No. 003) No. 5 - GENERAL - SOW: Dockside Repair and Vessel Maintenance I.D.I.Q. NOT ATTACHED: Service Contract Act (SCA) Wage Determination (WD). The applicable SCA-WD will be contingent upon place of performance. See: http://www.wdol.gov/sca.aspx (End of Part I - Notice) &emsp; PART II - PRICE SCHEDULE: (Attached Documents) Schedule Notes: 1. The contractor shall provide labor and materials necessary to accomplish ship repairs as required. Requirements will be defined in the General Requirements and the individual work item specifications for each individual task orders. 2. The hourly rate shall be a fully burdened rate for direct production labor hours to cover, all direct and indirect charges, burdened to include, but not limited to the following: Direct labor, fringe benefits, overhead, general and administrative, quality control, supervision, support functions, facilities capital, cost of money and profit. These hourly rates shall apply to "basic" Task Order work as well as Additional Item Requirements (AIR) on all Task Orders. The labor rate shall be a flat, hourly rate to cover the entire effort and shall be burdened to include: (A) Direct production labor hour functions only. Direct production labor hours are hours of skilled labor at the journeyman level expended in direct production. Direct production is defined as work performed by a qualified craftsman that is directly related to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. The following functions are identified as direct production: Abrasive Cleaning/Water Blasting, Tank Cleaning, Welding, Burning, Brazing, Blacksmithing, Machining (inside and outside), Carpentry, Electrical/Electronic Work, Crane Operation, Shipfitting, Lagging/Insulating, Painting, Boilermaking, Pipe Fitting, Engineering (Production), Sheetmetal Work, Staging/Scaffolding, and Rigging. (B) Non-production labor hours (whether charged directly or indirectly by contractor's accounting system) shall be for labor in support of production functions. For purposes of this contract, support functions are defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. Necessary support functions should be priced into the burdened rate for production labor hours. Examples of support functions include but are not limited to: Testing, Quality Assurance (inspection), Engineering (support), Planning (including involvement of craft foreman/journeyman in planning a task), Estimating (including determination of necessary materials and equipment needed to perform a task), Material Handling, Set-up (moving tools and equipment from shop to ship to perform a task), Fire Watch, General Labor (including general support of journeyman tasks), Cleaning (including debris pickup and removal), Surveying, Security, Transportation, Supervision, and Lofting (sail/pattern making). 3. Task Order price to include total required Task Order labor hours, materials, supplies and all other direct costs shall be negotiated at the task order level. Task orders will be issued as firm-fixed-price task orders. 4. Orders may be issued orally, by facsimile, or by electronic commerce methods. Clauses listed in this solicitation / contract shall apply to all Task Orders issued under this contract unless specifically excluded in the Task Order. 5. The Government is not obligated to order the estimated amounts specified in the schedule or any optional line on any task order. The estimates above do not establish any minimum purchase limit for which the Government is obligated. 6. Government Furnished Material (GFM) may be provided in the accomplishment of various tasks. This material will be specified or referenced in the Task Order. 7. The contractor shall provide all materials necessary to accomplish the work specified in the task order. All materials not referenced as GFM shall be considered contractor furnished 8. The term task order and contract are used interchangeably throughout this solicitation and resulting contract. 9. ALL PRICING SHALL BE IN WHOLE DOLLARS. (DO NOT USE CENTS). 10. The following form is an example of what will be issued per task order. Do not fill this out (but see task order requirements/ attachments, bid schedules). FY 17 DOCKSIDE REPAIR TASK ORDER NO. 00 Work Requirements: (See schedule notes below) (I). 3,200 man hours multiplied by the regular hour labor rate of tiny_mce_marker_______ per man hour equals the estimated additional work requirements labor cost for regular hours of tiny_mce_marker_____________. (II). 200 man hours multiplied by the overtime labor rate of tiny_mce_marker_______ per man hour equals the estimated additional work requirements labor cost for overtime hours of tiny_mce_marker___________________. (III). 100 man hours multiplied by the premium (Sunday / Holiday) labor rate of tiny_mce_marker_________ per man hour equals the estimated additional work requirements labor cost for premium hours of tiny_mce_marker_____________. (I)+(II)+(III) = Total labor cost of tiny_mce_marker___________ Material/Subcontractor markup rate of _______% multiplied by $300,000.00 = Markup cost of tiny_mce_marker_______________ Total Estimated Cost = Total labor cost +$300,000.00 Markup cost = &emsp; PART III -CLAUSES AND PROVISIONS Notes: The term ‘offeror' is synonymous with ‘quoter', the term ‘proposal' is synonymous with the term ‘quote', and the term ‘contract' is synonymous with the term ‘task order' in this Request for Quote and any resulting task order FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): FAR Provisions: https://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/ CAR Provisions: http://farsite.hill.af.mil/vfcara.htm FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 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): FAR CLAUSES: https://www.acquisition.gov/far/ http://farsite.hill.af.mil/ CAR CLAUSES: http://farsite.hill.af.mil/vfcara.htm PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE: FAR 52.202-1 - DEFINITIONS (NOV 2013) FAR 52.203-3 - GRATUITIES (APR 1984)FAR 52.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) FAR 52.203-12 - LIMITATION PAYMENTS INFLUENCE CERTAIN FEDERAL TRANSACTIONS (Oct 2010) FAR 52.203-17 - CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (Apr 2014) FAR 52.204-4 - PRINTED OR COPIED DOUBLE SIDED POSTCONSUMER PAPER(May 2011) FAR 52.204-7 - SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR 52.204-13 - SYSTEM FOR AWARD MANAGEMENT MAINTENANCE FAR 52.204-16 - CMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING FAR 52.204-18 - COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE FAR 52.204-19 - INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS FAR 52.209-10 - PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORP (Nov 2015) FAR 52.212-1 - INSTRUCTIONS TO OFFERORS (OCT 2015 ) FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (May 2015) FAR 52.223-3 - HAZARDOUS MATERIAL IDENTIFICATION & MATERIALS SAFETY DATA (Jan 1997) FAR 52.223-5 - POLLUTION PREVENTION RIGHT to KNOW INFORMATION (May 2011) FAR 52.227-1 - AUTHORIZATION AND CONSENT (Dec 2007) FAR 52.227-2 - NOTICE & ASSISTANCE RE: PATENT & COPYRIGHT INFRINGEMENT (Dec 2007) FAR 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997) FAR 52.228-14 - IRREVOCABLE LETTER OF CREDIT. (Nov 2014) FAR 52.232-1 - PAYMENTS (Apr 1984) FAR 52.232-39 - UNENFORCABILTY OF UNAUTHORIZED OBLIGATIONS (Jun 2013) FAR 52.232-40 - PROVIDING ACCELERATED PAYMENTS TO S.B. SUBCONTRACTORS (Dec 2013) FAR 52.233-1 - DISPUTES (May 2014) FAR 52.233-3 - PROTEST AFTER AWARD f(fAug 1996) FAR 52.233-4 - APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR 52.237-2 - PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT/VEGETATION (Apr 1984) FAR 52.242-13 - BANKRUPTCY (Jul 1995) FAR 52.242-15 - STOP-WORK-ORDER (Aug 1989) FAR 52.242-17 - GOVERNBMENT DELAY OF WORK (Apr 1984) FAR 52.243-1 - ALT II -Changes -- Fixed Price (Aug 1987) ALT II (1984) FAR 52.246-4 - INSPECTION OF SERVICES - FIXED PRICE (AUG 1996) FAR 52.247-34 - F.O.B. DESTINATION (NOV 1991) FAR 52.248-1 - VALUE ENGINEERING (OCT 2010) FAR 52.245-1 - GOVERNMENT PROPERTY (ALT 1)(APR 2012) FAR 52.245-9 - USE AND CHARGES (APR 2012) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) CAR 1352.228-72 DEDUCTIBLES...REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010) CAR 1352.201-70 CONTRACTING OFFICERS AUTHORITY(Apr 2010) CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATOING (Apr 2010) CAR 1352.209-70 POTENTIAL CONFLICT INTEREST (Apr 2010) CAR 1352.209-71 LIMITATIONS ON FUTURE CONTRACTING (Apr 2010) CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (Apr 2010) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (Apr 2010) CAR 1352.209-74 ORGAZATIONAL CONFLICT OF INTEREST (Apr 2010) CAR 1352.228-72 DEDUCTABLES UNDER REQUIRED INSURANCE - Fixed Price (Apr 2010) CAR 1352.237-70 SECURITY PROCESSING REQUIREMENTS...(Apr 2010) CAR 1352.231-71 DUPLICATION OF EFFORT (Apr 2010) CAR 1352.242-70 POSTAWARD CONFERENCE (APR 2010) CAR 1352.271-70 INSPECTION AND MANNER OF DOING WORK (APR 2010) CAR 1352.271-72 ADDITIONAL ITEM REQUIREMENTS (AIR) - GROWTH WORK (APR 2010) CAR 1352.271-73 SCHEDULE OF WORK (APR 2010) CAR 1352.271-75 DELIVERY AND SHIFTING OF THE VESSEL (APR 2010) CAR 1352.271-76 PERFORMANCE (APR 2010) CAR 1352.271-77 DELAYS (APR 2010) CAR 1352.271-78 MINIMIZATION OF DELAY DUE TO GOVERNMENT FURNISHED PROPERTY (APR 2010) CAR 1352.271-79 LIABILITY AND INSURANCE (APR 2010) CAR 1352.271-80 TITLE (APR 2010) CAR 1352.271-81 DISCHARGE OF LIENS (APR 2010) CAR 1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR (APR 2010) CAR 1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL (APR 2010) CAR 1352.271-84 ACCESS TO THE VESSELL (APR 2010) CAR 1352.271-85 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT (APR 2010) CAR 1352.271-86 LAY DAYS(APR 2010) CAR 1352.271-87 CHNAGES-SHIP REPAIR (APR 2010) CAR 1352.271-89 TEMPORARY SERVICES (APR 2010) PROVISIONS AND CLAUSES INCORPORATED BY FULL-TEXT: FAR 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (JULY 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Predecessor" means an entity that isreplaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The offeror represents that- (i) It [ ] is, [ ] is not an inverted domestic corporation; and (ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation. (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code:_____________________________________________ Immediate owner legal name:______________________________________________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest level owner CAGE code:_____________________________________________ Highest level owner legal name:______________________________________________ (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that- (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that-- (i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code ______(or mark "Unknown). Predecessor legal name: _________________________. (Do not use a "doing business as" name). (End of Provision) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2016) (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: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). _X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (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 (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] _X__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (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). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] _X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2015) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). _X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (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 (Sep 2016) (E.O. 11246). _X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). __X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). ___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). _X__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __X_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). _X__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). _X__ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. _X__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. ___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). _X__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). _X__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (47) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (48) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. _X__ (49) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (50) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (51) 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). ___ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (56) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (57) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). _X__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). _X__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (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). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (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). ___ (6) 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). ___ (7) 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). _X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (Sep 2016) (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xviii) 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). (xix) 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. (xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.211-11 --: Liquidated Damages -- Supplies, Services, or Research and Development (Sept 2000) (a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of ________________ per calendar day of delay [Contracting Officer insert amount]. (b) If the Government terminates this contract in whole or in part under the Default -- Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default -- Fixed-Price Supply and Service clause in this contract. (End of Clause) FAR 52.216-1 -- Type of Contract (Apr 1984) The Government contemplates award of an Indefinite Delivery - Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) resulting from this solicitation. (End of Provision) FAR 52.252-4 - ALTERATIONS IN CONTRACT (APR 1984) Portions of this contract are altered as follows: TBD 52.216-18 - ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued (within a period of five years from date of award of base contract.) (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) FAR 52.216-19 -- Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of $7,000,000/ (2) Any order for a combination of items in excess of $7,000,000 or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) FAR 52.216-22 -- Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 5 years after date of award. (End of Clause) 52.228-16 -- Performance and Payment Bonds -- Other Than Construction. (a) Definitions. As used in this clause -- "Original contract price" means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award. (b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to ___20_____ percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to __20_____ percent of the original contract price. (c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within ___10_____ days, but in any event, before starting work. (d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds. (e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the: U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/. (End of Clause) CAR CLAUSES AND PROVISIONS The following CAR clauses are incorporated in full text: CAR 1352.201-72 - CONTRACTING OFFICER'S REPRESENTATIVE (APR 2010) (a) [To be delegated at time of award by separate letter] is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: To be assigned by separate letter at Contract Award (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End of clause) CAR 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010) During the term of the contract, the Government shall place orders totaling a minimum of $2,500. The amount of all orders shall not exceed $7,000,000.00. (End of clause) CAR 1352.233-70 - AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: DOC, NOAA, WAD ATTN: CONTRACTS BRANCH CHIEF - OMAO 7600 SAND POINT WAY NE SEATTLE, WA 98115-6349 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address Mr. Barry Berkowitz U.S. Department of Commerce Office of Acquisition Management 1401 Constitution Ave, NW Room 6422 Washington, DC 20230 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893, Herbert C. Hoover Building 14th Street and Constitution Avenue, NW Washington, DC 20230 FAX: (202) 482-5858 (End of clause) CAR 1352.233-71 - GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858. (End of clause) CAR 1352.237-75 - KEY PERSONNEL (APR 2010) (a) The contractor shall assign to this contract the following key personnel: Program Manager Quality Assurance Manager Ship Superintendent (b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer. (c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes. (End of clause) CAR 1352.245-70 - GOVERNMENT FURNISHED PROPERTY (APR 2010) The Government will provide the following item(s) of Government property to the contractor. The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the "Government Property" clause included in this contract. Item No. Description Quantity Delivery date Property/Tag No. (if applicable) N/A (End of clause) CAR 1352.246-70 - PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: (Determined at time of task order issuance) CAR 1352.271-88 GUARANTEES. (APR 2010) (a) In the event any work performed or materials furnished by the contractor under this contract prove defective or deficient within 90 days from the date of redelivery of the vessel, the contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer. (b) The Government shall be entitled to rely upon any guarantee secured by the contractor or any sub-contractor covering work done or materials furnished which exceeds the 90 day period until its expiration. (c) With respect to any individual work item identified and listed as incomplete at the redelivery of the vessel, the guarantee period shall run from the date of completion of such item. (d) If and when practicable, the Government shall afford the contractor an opportunity to effect such corrections and repairs. (1) If the Contracting Officer determines it is impracticable or is otherwise not advisable to return the vessel to the contractor, or the contractor fails to proceed promptly with any such repairs as directed by the Contracting Officer, the Contracting Officer may direct that the repairs be performed elsewhere, at the contractor's expense. (2) Where corrections and repairs are to be made by other than the contractor due to nonreturn of the vessel to the contractor, the contractor's liability may be discharged by an equitable deduction in the price of the contract. (e) The contractor's liability shall only extend for an additional 60 day guarantee period on those defects or deficiencies which it corrected. However, this clause does not limit the responsibility or relieve the liability of the contractor under the Liability and Insurance clause. (f) At the Contracting Officer's option, defects and deficiencies may be left in their uncorrected condition. In that event, the contractor and the Contracting Officer shall agree on an equitable deduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract. (g) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract. If a defect or deficiency that exists at the time of redelivery of the vessel was not discovered by a reasonable inspection and is discovered after the expiration of the time frame stated in this clause, it is not subject to the time limitations stated in this clause. (End of clause) CAR 1352.271-90 Insurance requirements. (APR 2010) (a) The contractor shall procure and thereafter maintain the following insurance: (1) Ship contractor's legal liability insurance to insure the risks described in paragraph (b) of clause 1352.271-79. This insurance shall be for $1,000,000.00. (2) Comprehensive general liability insurance and automobile insurance to insure the risks described in paragraph (c) of clause 1352.271-79. This insurance shall be for $1,000,000.00 on account of any one accident or occurrence with respect to each vessel, boat, and/or barge upon which work is performed. The contractor shall cause the Government to be named as an additional insured under any and all liability insurance policies. (3) Full coverage in accordance with the State Worker's Compensation law; and (4) Full coverage in accordance with the United States Longshoremen's and Harbor Worker's Act. (b) As evidence that it has obtained the insurance specified in paragraph (a) of this clause, the contractor shall furnish the Contracting Officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificates shall be furnished prior to commencement of the work. Each certificate shall state that (name of insurer) has insured (name of contractor) awarded contract number __TBD____ for repair/alteration of (name of vessel) in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein. Each certificate shall set forth that each policy of insurance represented thereby will expire on (APR 2010) and that each such policy contains the following clause: "It is agreed that in the event of cancellation or any material change in the policy adversely affecting the interest of the Government in this insurance, 30 days prior written notice will be given to the Contracting Officer." (End of clause) NOAA LOCAL CLAUSES 1. TASK ORDER ADMINISTRATOR [TO BE IDENTIFIED AFTER AWARD BY SEPARATE LETTER] is hereby designated as the Task Order Administrator under the task order. All correspondence and inquiries concerning administration of this contract should be addressed to the address on Page 1, Block 5a of this document. (End of Clause) 2. CONTRACTOR RESPONSIBILITY FOR PROPERTY AND DOCUMENTS All data and information provided by the Government, or developed by the Contractor, in performing this contract shall remain the exclusive property of the Government. Upon completion or termination of this contract, the Contractor shall turn over to the Government all materials (copies included) that were furnished to the Contractor by the Government and all materials that were developed by the Contractor in performing the contract. Unless otherwise noted, the Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results of, conclusion made pursuant to, or performance under this contract without prior approval of the Contracting Officer. Failure to comply with any requirement set out in this clause may be grounds for default and subject the Contractor to termination for default. (End of Clause) 3. GOVERNMENT-CONTRACTOR RELATIONSHIP(S) The Government and the Contractor understand that the services to be provided under this contract by the Contractor are non-personal services and that no employer-employee relationship exists between the Government and the contract-employees assigned as key personnel under this contract. The COR may provide technical direction, which will assist the Contractor in accomplishing the Statement of Work. (End of Clause) 4. INVOICING INSTRUCTIONS Per Order A. In accordance with the Clause at FAR 52.232-25, Prompt Payment the following information shall be included on all invoices submitted for payment under this task order: 1. Name and address of the Contractor; 2. Invoice date and number; 3. Contract number and delivery order number, if applicable; 4. Task order line item number and description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed; 5. Where applicable, shipping and payment terms; 6. Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice; 7. Performance period; and 8. Any other information or documentation required by other requirements of the task order. To constitute a proper invoice, the Contractor's invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph entitled "Contractor's Invoice" of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25 Prompt Payment). If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the Contractor within seven (7) days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice. B. Invoices shall be submitted with an original signature to the COR for approval, i.e., a certification by a Contractor official authorized to bind the Contractor. COR's email address will be provided at award. If the Contractor is a small business concern, the invoice shall be annotated with a "SB" in the upper right hand of the invoice document. 1) Invoice shall also be emailed directly to the Task Order Administrator (Reference Part II, Clause 1). 2) The Contractor shall prepare and submit an invoice to the COR for approval [with a copy to the Contracting Officer for information]. All payments shall be submitted by the 10th day of the subsequent month. C. Invoices shall be submitted no more than once a month. Payments shall be based upon measurable or quantifiable performance or accomplishment of the defined elements. D. The Contractor shall not be entitled to payment of a request prior to verification by the COR of successful accomplishment of the performance criterion applicable to the requested items. E. Payment addresses must reflect the mailing/billing information registered in the System for Award Management (SAM) database to avoid processing delays. F. A request for final payment must be accompanied by a release of claims. A Release of Claims form will be provided by the Contracting Officer to the Contractor upon request. G. The "Final" payment request will be rejected and returned to the Contractor if all items required under the Task Order have not been completed, submitted, approved, and accepted by the Government prior to the receipt of the request. (End of Clause) 5. NON-PERSONAL SERVICE CONTRACT STATEMENT Contractor employees performing services under this order will be controlled, directed and supervised at all times by the Contractor's personnel designated by the Contractor. Contractor employees will perform work independent of and without the supervision of any Government official. Actions of Contractor employees may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation. The Government will perform inspection and acceptance of the completed work. (End of Clause) 6. Observance of Legal Holidays a. The Contractor hereby agrees to observe the following Federal holidays: New Year's Day Labor Day Martin Luther King's Birthday Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day b. In addition to the days designated as holidays, the Government observes the following: Any other day designated by federal Statute; Any other day designated by Executive Order; or Any other day designated by the President's Proclamation. c. When any holiday falls on a Saturday, the preceding Friday is observed; when any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above. Observance of such days by Government personnel will not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, estimated cost, or fee(s), if any, except as set forth in the contract. 7. REPORTS The following is a list of potential report deliverables: REFERENCE CONTRACT CLAUSE DELIVERABLE DUE DATE DELIVER TO CAR Clause 1352.209-72 Restrictions Against Disclosure Immediately upon discovery of breach of clause COR CAR Clause 1352.209-74 Organizational Conflicts of Interest Per Clause 1352.209-74 COR CAR Clause 1352.237-75 Requests for changes in key personnel shall be submitted to the Contracting Officer. 15 working days prior to making any permanent substitutions CO PWS Various deliverables noted in the SOW. As indicated per deliverable COR BASIS FOR AWARD FUTURE TASK ORDERS (a) UNLESS AN RFQ IS ISSUED WITH OTHER TERMS THE FOLLOWING SHALL APPLY: Award(s) will be made to the quoter(s): whose offer conforms to the solicitation requirements; who is determined responsible in accordance with FAR Part 9.1 by possessing the financial and other capabilities to fulfill the requirements of the contract; and whose quote meets the requirements stated in this solicitation, to provide the best value to the Government in accordance with CAR 1352.213-70. (b) Evaluation of Quotes. All offers received will be evaluated in accordance with the stated evaluation factors. The Government reserves the right to make an award without conversations with any quoter based solely upon initial quotes. Therefore, quoters should ensure that their initial quote constitutes their best quote in terms of both price and the technical solution being proposed. (c) Negotiations. The Government reserves the right to engage in negotiations with all, some, one, or none of the quoters at any time during the evaluation process on any aspect of their quote. (d) Task Orders. Task Order will be awarded to the MATOC contractor that provides the overall best value to the government and has the capacity to accept the work requirements stated in the Statement of Work. Based upon the results of the integrated assessment of the technical and price quotes, the Government may award a Task Order to other than the lowest-priced quoter or the quoter with the highest technical score if the Contracting Officer determines that to do so would result in the best value to the Government. ATTACHMENTS: No. 1 - GENERAL - SOW: Dockside Repair and Vessel Maintenance I.D.I.Q. NOT ATTACHED: Service Contract Act (SCA) Wage Determination (WD). The applicable SCA-WD will be contingent upon place of performance. See: http://www.wdol.gov/sca.aspx (END OF PART III - ORDER CLAUSES ) &emsp; PART IV - STATEMENT OF WORK
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19 -- NOAA FY17 DOCKSIDE MATOC WAD - Amendment 4