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1. REQUISITION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS N0969710RCT26CH
PAGE 1 OF 52
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
N68836-11-R-0006 17-Mar-2011
7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME
INFORMATION CALL: LEARIE O. HOLDER 904-542-4837 04:00 PM 20 Apr 2011
9. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS
N68836
UNRESTRICTED DESTINATION UNLESS
FISC JACKSONVILLE
BLOCK IS MARKED
CONTRACTS DIVISION X SET ASIDE: 100 % FOR
LEARIE HOLDER SEE SCHEDULE
BLDG 110 3RD FLOOR NAS X SB
JACKSONVILLE FL 32212-0097 HUBZONE SB 13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
8(A)
13b. RATING
SVC-DISABLED VET-OWNED SB
TEL: 904-542-4837 14. METHOD OF SOLICITATION
EMERGING SB
FAX: 904-542-1098 RFQ IFB X RFP
SIZE STD: 1500 NAICS: 517911
15. DELIVER TO CODE N60514 16. ADMINISTERED BY CODE
NAVAL STATION GUANTANAMO BAY
JANET BELL
BLOUNT ISLAND MARINE TERM
8998 BLOUNT ISLAND BLVD
JACKSONVILLE FL 32226
TEL: 904-751-8886 FAX: 904-751-8887
17a.CONTRACTOR/ OFFEROR CODE 18a. PAY MENT WILL BE MADE BY CODE
FACILITY
TEL. CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE ADDENDUM
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
SEE SCHEDULE
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
0
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES 29. AWARD OF CONTRACT: REFERENCE
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS OFFER DATED . Y OUR OFFER ON SOLICITATION
X (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
(TYPE OR PRINT)
TEL: EMAIL:
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2 OF 52
(CONTINUED)
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
SEE SCHEDULE
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAY MENT 37. CHECK NUMBER
CORRECT FOR
COMPLETE PARTIAL FINAL
PARTIAL FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFY ING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) BACK
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.212
Section SF 1449 - CONTINUATION SHEET
PWS
STATEMENT OF WORK
Digital Cellular Telephone System
Naval Station Guantanamo Bay
1.0 BACKGROUND:
1.1 Naval Station Guantanamo Bay, Cuba (NS GTMO) is seeking to purchase a Digital
Cellular Telephone System that shall support Government cellular telephones.
1.2 The purpose of this effort is to replace existing cellular equipment, including
remote sites, with GSM (Global System for Mobile Communications)1.8GHz cellular
equipment providing functionality similar to the existing system and provide
associated training and maintenance.
2.0 INSTALLATION:
2.1 The Contractor shall install one (1) MSC (Mobile Switching
Center) and seven (7) BTS (Base Transceiver Station) at the
locations noted in paragraph 8.0 (Cellular Site Information). Installation and
Commissioning to render a fully operational system in compliance with this PWS
shall be accomplished within 180 days after start date.
2.2 All antenna placements will be tuned for optimal coverage.
2.3 The cellular system shall conform to Federal Communications Commission (FCC)
certification standards for a GSM 1800MHz cellular telephone system.
2.4 All equipment associated with the cellular system shall conform to R-56 or
ANSI-J-STD-607-A grounding standards.
2.5 At a minimum the cellular telephone system shall be capable/consist of:
-Global or Text Messaging
-HLR/VLR (Home Location Register/Visitor Location Register)
-Subscriber licenses to support a minimum of 1,200 cellular subscribers.
-Operate at 50/60Hz, 110VAC
-Minimum 15 radio channels per site
-Outdoor BTS cabinets will include Environmental Control Units (Air
Conditioning) to prevent overheating of the equipment.
2.6 Due to equipment limitations on Guantanamo Bay, a certified Tower Climber is
required for antenna installations. The contractor shall provide Cell Tower
Certification (CTC) for all contractor personnel prior to allowing them to climb
the towers.
2.7 The contractor shall be responsible for maintaining the cleanliness of worksites.
After installation of cell tower and equipment, the contractor shall turn-over the
worksite in the same condition in which it was originally presented.
3.0 TRAINING:
3.1 The Contractor shall conduct one (1) training session in
conjunction with the cellular system commissioning. The training
shall consist of a minimum of six (6) government/contractor support personnel.
Training shall be conducted on-site at NS GTMO and shall include at least two
(2) training seats for System Administration and at least four
(4) training seats for System Operator Training. An outline of
the training will be provided to the Contracting Officer’s
Representative (COR) for approval at least 30 days prior to the
scheduled training session. COR will concur, non-concur with the
Contractors training plan within 5 working days to the
contractor.
3.2 At a minimum the System Administrators training shall
consist of database and network configuration, database
maintenance, database backup procedures, and basic network
troubleshooting. Operator training shall consist of adding
cellular subscriber units to the network, User profile changes,
and configuration changes to user files. Basic trouble-shooting
shall also be included.
4.0 TRAVEL:
4.1 The Contractor shall be responsible for traveling to GTMO
for installation of the hardware and contractor training.
Additionally, the Contractor shall travel to GTMO for events
deemed a “catastrophic” situation.
4.2 All travel to NS GTMO shall be in accordance with Attachment 3, and shall be
coordinated AND approved with the COR/ACOR no later than 45 days prior to the desired
date of arrival at NS GTMO. A valid passport is required for travel to NS GTMO.
Travel for a “catastrophic” situation will be handled on a case by case basis by the
ACOR/COR in order to expedite personnel and material movement to NS GTMO. Level of
Support is defined in 5.2.
5.0 MAINTENANCE:
5.1 The period of performance for the resultant contract will only
consist of a base period. The base period will provide installation (within 180
days of award) and warranty replacement of failed equipment (excludes “acts of
God” and willful negligence) for one year from installation.
5.2 Technical Support. The Contractor shall provide 24 hours, 7 days a week network
assistance and support (operation and maintenance).
a. The contract shall identify a single point of contact (POC) for technical
support.
b. The Contractor shall describe in writing their trouble
reporting and escalation procedure, including telephone numbers to be used in
reporting troubles 24/7 as a single point of contact to serve as the trouble
management coordinator.
c. The Contractor shall provide to the Government a list of management
personnel contacts to be used by the Government POC in an escalation process in
situations where troubles are not likely to be corrected within an acceptable
time frame.
d. The trouble management coordinator shall provide progress reports to the
Government POC throughout the problem resolution effort. Government POC will
determine the number of progress reports required. The information required in
all trouble/progress reports shall include who, what, when, where, and how the
trouble is being resolved.
e. The Government’s definition for catastrophic, major and minor outages and
remedial service required response time for each are as follows:
(1) Catastrophic. Demands immediate attention, such as a total loss of
service, loss of network control, and loss of 75% or more of call processing
capability. Technical assistance shall be rendered telephonically within two
(2) hours or less from the time the outage is reported to the contractor.
(2) Major. Demands rapid action. Includes loss of service to a subscriber
line group, and channel control. One of a redundant subsystem (e.g. one
processor or one memory) fails but the other is working without problems; loss
of battery backup. Technical service shall be rendered telephonically within
four (4) hours or less from the time the service call is reported to the
contractor.
(3) Minor. Non-emergency conditions that cause degraded service at a
level less than that for which it is designed; condition discovered in call
routing which has not shown in the operation of the equipment but requires
attention. Technical service shall be rendered telephonically no later than
1200(Noon) the next calendar day.
(4) In cases requiring the Contractor to send a Technical representative
to NS GTMO for any of the above situations, the Contractor will coordinate with
the ACOR/COR to expedite the arrival of the Technical representative within 5
working days of the service call. If issue cannot be resolved telephonically
the contractor shall contact the COR/ACOR within 4 hours to coordinate a trip
to GTMO.
5.3 On-Call and Extended Work Week Support; This extended level
of support and/or on-call support may also be required from
selected contractor personnel during events deemed a “crisis”
situation (IAW 5.2 e 1-4 above)by the COR/ACOR and directed by the
Contracting Officer to complete special projects, to perform/schedule off-peak
Hour critical system maintenance, and/or any other situation where
additional support is deemed necessary by the Contracting
Officer.
6.0 PRE-SITE / SITE VISITS
6.1 Pre-Site Visit: A one (1) day pre-site visit will be scheduled for not later
than 15 business days after issuance of solicitation. This event will be hosted by
the Command Naval Region Southeast, N6 at the Naval Air Station, Jacksonville,
Florida. The purpose of this meeting is to answer questions that Contractors may have
concerning this PWS. Interested parties shall submit completed Pre-Site Visit
Information Sheet (Attachment 1) and MACS Information Sheet (Attachment 2) to Mr.
Learie Holder, Contract Specialist, not later than seven (7) business days after
issuance of solicitation. Mr. Holder can be reached at (904) 542 4837; email:
Learie.Holder@navy.mil. Documentation can be faxed to (904) 542-1095. The
solicitation will be amended to provide specifics about the pre-site visit to include,
location, start/completion time, etc.
6.2 Site-Visit: A one (1) day site visit will be hosted by Command Naval Region
Southeast, N6 at Guantanamo Bay, Cuba. The purpose of this meeting is to answer
questions pertinent to the Cellular System PWS. Due to security requirements at
Guantanamo Bay, Cuba, firms interested in attending this meeting must submit a
completed Naval Station Clearance Request (Attachment 3) to Mr. Bob Stamblesky at
(904) 542-4112; email: Bob.Stamblesky@navy.mil not later than 14 business days after
issuance of solicitation. Only one individual from each interested firm will be
permitted to attend this meeting. The solicitation will be amended to provide
specifics about the site visit to include the following information: date, location,
start/completion time, registration, etc.
Air Sunshine FT Lauderdale
http://www.airsunshine.com/FLL-GTMO.htm
P.O. Box 22237, Fort Lauderdale, Florida 33335
US & Canada (800) 327-8900
Puerto Rico & USVI (888) 879-8900
British Virgin Islands (284) 495-8900
Florida (800) 435-8900
Other Areas (954) 434-8900
Navy Lodge
011-53-99-3103
AMC FLIGHT RESERVATION
011-53-99-4850
Car Rental
011-53-99-74316
7.0 CONSTRAINTS
7.1 Performance Constraints; the Contractor shall consider the
following operating constraints in the installation and
maintenance of the cellular telephone system.
-Radar Signals-The cellular system shall in no way interfere with radar signals
at NS GTMO.
- Flight Line Communications-The cellular system shall in no way interfere with
Flight Line radio emissions to include but not limited to AM/FM/HF/ILS/ELMR/VOR
- All equipment provided under this contract shall become Government Property
at the time of Government acceptance.
- All cellular system and ancillary equipment access
passwords (to include user and administrative privileges) shall be provided to the
Government upon completion of the Installation Phase of this contract.
8.0 CELLULAR SITE INFORMATION: The 8 cell sites are listed below. A map depicting
the location of each cell site is listed on the Cellular Site Location Map. The maps
are attached to the Request for Proposal (RFP).
-All in building equipment will be capable of fitting into a standard 19” rack
which is currently installed.
-All fiber connections are “S” type (single mode).
(1) BUILDING 2145
-MSC will be installed inside the server room that measures 19’W x 21’ L with a
8’ ceiling height
-A 20amp circuit is available for power
-Fiber is available
-If for whatever reason building 2145 cannot be used, the alternate MSC
installation location is the “4 Telephone Exchange” building adjacent to Bulkeley
Hall. The Government will make the determination whether or not Building 2145 can or
cannot be used.
(2) MOP 3 BTS (outdoor cabinet on site) internal dimensions are 58" X 17 3/4" this
is a 19” rack
-Antennas must be mounted on an antenna pole adjacent to MOP 3; the distance
for the antenna cable run is approx. 100 Feet between the outdoor cabinet and top of
the antenna pole.
-A 20amp circuit is available for power
-There is conduit to the MOP 3 site but no fiber has been installed (pulled).
Fiber will be available before installation begins.
-Directional panel antennas are required at this site to minimize the amount of
radio signals crossing to the Cuban Government side of the fence line.
(3) MEDIA CENTER BTS is located in the radio transmitter room inside the building
-An antenna pole installed and is 90 feet high
-Antenna antenna stand-offs are required on this antenna pole
-Distance between top of antenna pole and BTS is approx. 140 feet
-A 20amp circuit is available
-Fiber is available
(4) BULKELEY HALL BTS (outdoor cabinet required)
-90’ tower, antenna cable distance from top of tower to BTS site is approx. 300
feet.
-A 20amp circuit is available for power.
-Fiber is available
(5) MARINE HILL BTS (in building)
-90ft tower, distance between top of tower and BTS is approx. 120 feet
-A 20amp circuit is available for power
-Fiber is available
(6) JPJ HILL BTS is located inside an air conditioned connex (shipping
container)
30’ tower, antenna cable distance between top of tower and BTS location is 175
approx. feet
-A 20amp circuit is available
-Fiber is available
(7) BROADCAST HILL BTS located in radio transmitter room
-A 120’ tower is available antenna cable distance from the top of the tower to
the BTS location is approx. 410 feet
-A 20amp circuit is available
-Fiber is available
(8) OP NEW YORK BTS is located inside the observation post of the first floor
-Antenna cable distance required is 200 feet.
-There is power and a backup generator
-A 20amp circuit is available
-Fiber is available
9.0 ACCESS TO GOVERNMENT EQUIPMENT
9.1 The government will provide the necessary 20amp power, phone lines, IP addresses,
and physical demark point with standard connectivity interface. The contractor shall
be required to insure the cellular system operates on a NIB (non-interference basis)
with emitters currently operational on GTMO.
- The contractor shall furnish a copy of all operator and
system/network administration manuals necessary to perform
operator and administrative functions/maintenance on the
cellular system.
- An “as is” drawings of the buildings shall be provided by the ACOR on an as-needed
basis (security requirements allowing) for the contractor to use during the planning
and installation of the cellular system.
- All contractor personnel requiring access to information considered sensitive by the
Installation Security Manager, shall be required to sign a Non-Disclosure Statement
prior to receipt of drawings and other sensitive information under this contract.
10.0 DELIVERABLES AND DELIVERY SCHEDULE:
10.1 Proposed Work Plan - The contractor shall provide a written proposed work plan
for the acquisition, installation and post implementation and maintenance support
required under this contract. The work plan shall include specific contractor
information, employees assigned, site access plans, etc. the work plan shall also
include a schedule of events for all work included as part of the base award of the
contract.
The work plan shall be provided to the COR within ten (10) working days after award.
The Government will provide written concurrence/non-concurrence within 5 working days
after receipt.
10.2 Reports. The contractor shall provide system status reports. The reports shall be in MS
format and shall be provided to the COR.
REPORT DUE DATE / FREQUENCY REQUIREMENT
st
Installation Report 1 – Monthly The report shall include
Installation progress as
outlined in the Proposed
Work Plan and provide details
and possible resolution of any
items that may impact the
installation timeline.
Maintenance Report 1st – Quarterly The report shall include all
minor, major, and
catastrophic trouble reports
and detail how the trouble
report was resolved.
10.3 The contractor shall send electronic copies of each deliverable. Electronic
copies shall be delivered via email attachment or other media by mutual agreement of
the parties. The electronic copies shall be compatible with MS Office XP or other MS
applications as appropriate and mutually agreed to by the parties.
11.0 INSPECTION AND ACCEPTANCE:
11.1 All work shall comply with the listed standards: American National Standards
Institute (ANSI), Telecommunications Industry Association (TIA), and Electronic
Industries Alliance (EIA).
- R56 or ANSI-J-STD-607-A grounding standards shall be used for all installed
equipment.
11.2 Spectrum Analysis/Drive testing. The Contractor shall perform a spectrum analysis
or drive tests on the coverage zones for each site installation to determine weak and
dead spots. Alignment should be made to minimize these zones. If the weak or dead
zones are internal to buildings, Contractor will provide recommendations to resolve
these issues.
12.0 SHIPPING INFORMATION
The contractor shall be responsible for shipping all tools and equipment to Blount
Island, Florida. The Government (US Navy) will be responsible for tools and equipment
shipped to NS Guantanamo. Specific shipping instructions are attached (ATTACHMENT 4)
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001
GSM CELL PHONE SYSTEM
FFP
PROPOSED PERIOD OF PERFORMANCE IS 18 JUN 2011 - 17 JUN 2012
FOB: Destination
MILSTRIP: N0969710RCT26CH
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001AA 4 Months
INSTALLATION/WARRANTY
FFP
INSTALLATION OF A GSM CELL PHONE SYSTEM AT NS GUANTANAMO
BAY, CUBA. UPON INSTALLATION OF THE HARDWARE, THE
EQUIPMENT SHALL HAVE A ONE YEAR WARRANTY. INSTALLATION
SHALL OCCUR BETWEEN TIMEFRAME OF 18 JUN 2011 - 18 OCT 2011.
FOB: Destination
MILSTRIP: N0969710RCT26CH
PURCHASE REQUEST NUMBER: N0969710RCT26CH
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001AB 8 Months
TECHNICAL SUPPORT/WARRANTY
FFP
TO PROVIDE TECHNICAL SUPPORT ON AN UNLIMITED BASIS VIA
PHONE, WEB, AND EMAIL OR ON-SITE IN ACCORDANCE WITH PWS
SECTION 5.0. TECHNICAL SUPPORT/WARRANTY SHALL BE PROVIDED
DURING TIMEFRAME OF 19 OCT 2011 - 17 JUN 2012.
FOB: Destination
MILSTRIP: N0969710RCT26CH
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001AC 1 Lot
TRAINING
FFP
SYSTEM ADMINISTRATION AND OPERATOR TRAINING
FOB: Destination
MILSTRIP: N0969710RCT26CH
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001AD Dollars,
U.S.
TRAVEL
COST
TRAVEL WILL BE REIMBURSED IN ACCORDANCE WITH THE JOINT
FEDERAL TRAVEL REGULATION (JFTR), VOLUME 2. TRAVEL COST
NTE $7,500.00
FOB: Destination
MILSTRIP: N0969710RCT26CH
ESTIMATED COST
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0001AA Destination Government Destination Government
0001AB Destination Government Destination Government
0001AC Destination Government Destination Government
0001AD Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 18-JUN-2011 TO N/A NAVAL STATION GUANTANAMO BAY N60514
17-JUN-2012 JANET BELL
BLOUNT ISLAND MARINE TERM
8998 BLOUNT ISLAND BLVD
JACKSONVILLE FL 32226
904-751-8886
FOB: Destination
0001AA N/A N/A N/A N/A
0001AB N/A N/A N/A N/A
0001AC N/A N/A N/A N/A
0001AD N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUL 2004
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government OCT 1995
(Sep 2006) -- Alternate I
52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000
52.204-7 Central Contractor Registration APR 2008
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier JUL 2010
Subcontract Awards
52.219-6 Notice Of Total Small Business Set-Aside JUN 2003
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.233-2 Service Of Protest SEP 2006
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-3 Continuity Of Services JAN 1991
52.242-15 Stop-Work Order AUG 1989
52.247-34 F.O.B. Destination NOV 1991
52.252-2 Clauses Incorporated By Reference FEB 1998
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS
code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF
1449). However, the small business size standard for a concern which submits an offer in its own name, but which
proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the
exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as
otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the
requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those
representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts
for the same or similar items and other references (including contract numbers, points of contact with telephone
numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all
terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or
information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from
the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time
specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no
expense to the Government, and returned at the sender's request and expense, unless they are destroyed during
preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or
commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated
separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach
the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified
in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that
offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in
the solicitation after the exact time specified for receipt of offers is ―late‖ and will not be considered unless it is
received before award is made, the Contracting Officer determines that accepting the late offer would not unduly
delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at
the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date
specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for
receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the
Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp
of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or
oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received
at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent
Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date,
the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the
solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers,
offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to
the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an
offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person
requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a
contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best
terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if
later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such
action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in
offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies
the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for
quantities less than those specified. The Government reserves the right to make an award on any item for a quantity
less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications,
Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and
commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA
Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC
20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued
this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation
may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST
websites:
(i) ASSIST (http://assist.daps.dla.mil).
(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point
(DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation,
publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of
$3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR)
database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
―DUNS‖ or ―DUNS +4‖ followed by the DUNS or DUNS +4 number that identifies the offeror's name and address.
The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to
establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR
Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and
Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-
866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States
must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an
offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer,
the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to
award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror
does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting
Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information
on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-
2423 or 269-961-5757.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the
following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past
performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection
procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the
agency.
(End of provision)
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2011)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual
representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual
representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c)
through (o) of this provision.
(a) Definitions. As used in this provision --
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for
which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic
corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be
a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent
corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in
accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or
processed from raw materials into the finished product that is to be provided to the Government. If a product is
disassembled and reassembled, the place of reassembly is not the place of manufacture.
Restricted business operations means business operations in Sudan that include power production activities, mineral
extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the
Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include
business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment
Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of
the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such
authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian
organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
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.
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 stock of which 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 its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
(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 Online Representations
and Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at
http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer
that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations
and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate,
complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code
referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR
4.1201), except for paragraphs ----------.
(Offeror to identify the applicable paragraphs at (c) through (o) 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 on ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United
States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ) 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, for general statistical purposes, 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)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition
threshold.
(6) 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.
(7) 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:
_____________________________________________
(8) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment
for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation
Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)
(i) General. The offeror represents that either--
(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and
identified, on the date of this representation, as a certified small disadvantaged business concern in the database
maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged
ownership and control has occurred since its certification, and, where the concern is owned by one or more
individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based
does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private
Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a
decision on that application is pending, and that no material change in disadvantaged ownership and control has
occurred since its application was submitted.
(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror
represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f)
and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business
concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged
business concern that is participating in the joint venture: ____________.)
(9) 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) Certifications and 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 either to the Equal Opportunity
clause of this solicitation, the 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 Subparts 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1,
Buy American Act --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 Act--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 Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American Act-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, 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 Act-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, or Peruvian end products) or Israeli end products as defined in the clause of this
solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products)
or Israeli End Products:
Line Item No.
--------------------
--------------------
--------------------
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii)
of this provision) as defined in the clause of this solicitation entitled "Buy American Act-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 Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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 Act-Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
_______________________________________
_______________________________________
_______________________________________
[List as necessary]
(3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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 Act-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(4) 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)(4)(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 Act. 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). The offeror certifies, to the best of its
knowledge and belief, that --
(1) The offeror and/or any of its principals ( ) 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 $3,000 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not
finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the
liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax
liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection
action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer
to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax
liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has
exercised all judicial appeal rights.
(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. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the
course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no
prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the
taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal
rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making
timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.
(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 Act. (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 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 Act 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 a central contractor registration 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) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for
purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were
completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and
for this solicitation provision (see FAR 9.108).
(2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation
and is not a subsidiary of one.
(o) Sanctioned activities relating to Iran.
(1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by
submission of its offer, the offeror 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 of 1996.
(2) The certification requirement of paragraph (o)(1) of this provision does not apply if—
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision);
and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(End of provision)
CLAUSES INCORPORATED BY FULL TEXT
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JUN 2010)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the
requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have
been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or
reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance
will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate
consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-
acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and
(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the
item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of
performance of this contract to a bank, trust company, or other financing institution, including any Federal lending
agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes
payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to
receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the
parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure
of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action
arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR
52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with
performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence
beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public
enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay,
setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch
and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the
address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on
Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required
elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice,
the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation
provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration,
or 52.232-34, Payment by Electronic
Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of
Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against
liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any
United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the
Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the
delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate
EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the
invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the
date which appears on the payment check or the specified payment date if an electronic funds transfer payment is
made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the
overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of
overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple
interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the
interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of
1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in
(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the
amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the
contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt
within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline
specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an
installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer
(see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final
decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default
termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due
date and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has
been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to
the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the
Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided
under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or
any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to
the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of
the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the
satisfaction of the Government using its standard record keeping system, have resulted from the termination. The
Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this
purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor
shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of
any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to
provide the Government, upon request, with adequate assurances of future performance. In the event of termination
for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted,
and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is
determined that the Government improperly terminated this contract for default, such termination shall be deemed a
termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the
Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for
use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to
the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive
orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352
relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating
to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58,
Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.
40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in
the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other
Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause
at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5)
solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8)
other documents, exhibits, and attachments; and (9) the specification.
(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is
responsible during performance and through final payment of any contract for the accuracy and completeness of the
data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or
incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to
review and update on an annual basis from the date of initial registration or subsequent updates its information in the
CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the
terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, ―doing business as‖ name, or division name (whichever
is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the
necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor
shall provide the responsible Contracting Officer a minimum of one business day's written notification of its
intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C)
agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor
must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the
agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-
name agreement, the CCR information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be incorrect information within the meaning of the
―Suspension of Payment‖ paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in
the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of
Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's
CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that
Contractor will be considered to be incorrect information within the meaning of the ―Suspension of payment‖
paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the
internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2011)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are
incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to
acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has
indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders
applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT
1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI,
Chapter 1 (41 U.S.C. 251 note)).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN
2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)
___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L.
111-5).
___ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts
over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).
___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a).
___ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if
the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (9) [Reserved].
_X__ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
___ (ii) Alternate I (OCT 1995) of 52.219-6.
___ (iii) Alternate II (MAR 2004) of 52.219-6.
___ (11)(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_ (12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).
___ (13)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (OCT 2001) of 52.219-9
___ (iii) Alternate II (OCT 2001) of 52.219-9.
___ (iv) Alternate III (JUL 2010) of 52.219-9.
___ (14) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).
___ (15) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT
2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (JUNE 2003) of 52.219-23.
___ (17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting
(APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)
(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)
(U.S.C. 657 f).
___ (20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.
632(a)(2)).
_X__ (21) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).
_X__ (22) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).
_X__ (23) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
_X__ (24) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
_X__ (25) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
___ (26) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29
U.S.C. 793).
____ (27) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
_X__ (28) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
___ (29) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to
the acquisition of commercially available off-the-shelf items or certain other types of commercial items as
prescribed in 22.1803.)
___ (30) (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.)
___ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b)
___ (32)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products
(DEC 2007) (E.O. 13423) .
___ (ii) Alternate I (DEC 2007) of 52.223-16. .
___ (33) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513).
_X__ (34) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).
___ (35)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-
10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302,
109-53, 109-169, 109-283, and 110-138).
___ (ii) Alternate I (JAN 2004) of 52.225-3.
___ (iii) Alternate II (JAN 2004) of 52.225-3.
___ (36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (37) 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).
___ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
___ (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10
U.S.C. 2307(f))
___ (41) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
_X__ (42) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31
U.S.C. 3332).
___ (43) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY
1999) (31 U.S.C. 3332)
___ (44) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
___ (45) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
___ (46)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.
351, et seq.).
____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and
Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C.
206 and 41 U.S.C. 351, et seq.)
____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--
Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and
does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall
have access to and right to examine any of the Contractor's directly pertinent records involving transactions related
to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other
evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any
shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If
this contract is completely or partially terminated, the records relating to the work terminated shall be made
available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes
clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available
until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data,
regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that
the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for
commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the
clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1
(41 U.S.C. 251 note).
(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts
that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.
(iii) Reserved.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration,
or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--
Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow
down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in
the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor within 30 days before the contract expires.
(End of clause)
52.232-20 LIMITATION OF COST (APR 1984) 0001 AD APPLIES TO TRAVEL SUBCLIN (ONLY)
(a) The parties estimate that performance of this contract, exclusive of any fee, will not cost the Government more
than (1) the estimated cost specified in the Schedule or, (2) if this is a cost-sharing contract, the Government's share
of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work
specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-
sharing contract, includes both the Government's and the Contractor's share of the cost.
(b) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that--
(1) The costs the Contractor expects to incur under this contract in the next 60 days, when added to all costs
previously incurred, will exceed 75 percent of the estimated cost specified in the Schedule; or
(2) The total cost for the performance of this contract, exclusive of any fee, will be either greater or substantially less
than had been previously estimated.
(c) As part of the notification, the Contractor shall provide the Contracting Officer a revised estimate of the total
cost of performing this contract.
(d) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this
clause--
(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of (i) the estimated cost
specified in the Schedule or, (ii) if this is a cost-sharing contract, the estimated cost to the Government specified in
the Schedule; and
(2) The Contractor is not obligated to continue performance under this contract (including actions under the
Termination clause of this contract) or otherwise incur costs in excess of the estimated cost specified in the
Schedule, until the Contracting Officer (i) notifies the Contractor in writing that the estimated cost has been
increased and (ii) provides a revised estimated total cost of performing this contract. If this is a cost-sharing contract,
the increase shall be allocated in accordance with the formula specified in the Schedule.
(e) No notice, communication, or representation in any form other than that specified in subparagraph (d)(2) above,
or from any person other than the Contracting Officer, shall affect this contract's estimated cost to the Government.
In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in
excess of the estimated cost or, if this is a cost-sharing contract, for any costs in excess of the estimated cost to the
Government specified in the Schedule, whether those excess costs were incurred during the course of the contract or
as a result of termination.
(f) If the estimated cost specified in the Schedule is increased, any costs the Contractor incurs before the increase
that are in excess of the previously estimated cost shall be allowable to the same extent as if incurred afterward,
unless the Contracting Officer issues a termination or other notice directing that the increase is solely to cover
termination or other specified expenses.
(g) Change orders shall not be considered an authorization to exceed the estimated cost to the Government specified
in the Schedule, unless they contain a statement increasing the estimated cost.
(h) If this contract is terminated or the estimated cost is not increased, the Government and the Contractor shall
negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of
costs incurred by each.
(End of clause)
252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS. (JUN
2005)
(a) Definitions.
As used in this clause-
(1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export
Administration Act of 1979 (50 U.S.C. App. Sec. 2415).
(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as
defined in 43 U.S.C. 1331.
(3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any
United States resident or national (other than an individual resident outside the United States and employed by other
than a United States person), any domestic concern (including any permanent domestic establishment of any foreign
concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic
concern which is controlled in fact by such domestic concern, as determined under regulations of the President.
(b) Certification.
By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it -
(1) Does not comply with the Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab
countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.
(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the
direct purchase of ocean transportation services).
(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether
transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the
Transportation of Supplies by Sea clause of this solicitation.
(2) Representation.
The Offeror represents that it-
___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract
resulting from this solicitation.
___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract
resulting from this solicitation.
(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the
Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense
Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by
Sea.
(End of provision)
252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2011)
(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if
checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of
commercial items or components.
_X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).
(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR
Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items or components.
(1) ___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847
of Pub. L. 110-181).
(2) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.
2416).
(3) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C. 637).
(4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2010) (15 U.S.C. 637 note).
(5)(i) _X__ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d,
E.O. 10582).
(ii) ____ Alternate I (DEC 2010) of 252.225-7001.
(6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).
(7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10
U.S.C. 2533b).
(8) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).
(9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.
2533a).
(10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (DEC 2010) (Section 8065 of
Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).
(11) )(i) ___ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).
(ii) ___ Alternate I (SEP 2008)
(iii) ___ Alternate II (DEC 2010) of 252.225-7021.
(12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.
2779).
(13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.
2755).
(14)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (DEC
2010) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).
(ii) ___ Alternate I (JUL 2009) of 252.225-7036.
(iii) ___ Alternate II (DEC 2010) of 252.225-7036.
(iv) ___ Alternate III (DEC 2010) of 252.225-7036.
(15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.
2534(a)(3)).
(16) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native
Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in
subsequent DoD appropriations acts).
(17) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).
(18) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).
(19) __X__ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10
U.S.C. 2227).
(20) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092
of Public Law 108-375).
(21) ____252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section
1038 of Pub. L. 111-84).
(22) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).
(23)____252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010)
(Section 807 of Public Law 111-84).
(24)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010)
(Section 884 of Public Law 110-417).
(25)(i) __X__ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(ii) ____ Alternate I (MAR 2000) of 252.247-7023.
(iii) ____ Alternate II (MAR 2000) of 252.247-7023.
(iv) ____ Alternate III (MAY 2002) of 252.247-7023.
(26) __X__ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall
include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial
components, awarded at any tier under this contract:
(1) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of
Pub. L. 111-84).
(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public
Law 108-375).
(3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010)
(Section 884 of Public Law 110-417).
(4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(5) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(End of clause)
5252.204-9400 Contractor Access to Federally Controlled Facilities and/or Unclassified Sensitive Information
or Unclassified IT Systems (May 2010)
Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement
Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type
Memorandum (DTM) 08-006 – ―DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-
12)‖ dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause
is in accordance with HSPD-12 and its implementing directives. This clause applies to contractor employees
requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a
DoD computer/network, to perform certain unclassified both non-sensitive and sensitive duties. It is the
responsibility of the command/facility where the work is performed to ensure compliance.
The requirement to control access to sensitive information applies to all US government IT systems and/or areas
where unclassified but sensitive information may be discussed, displayed or maintained. DON policy prescribes that
all unclassified data that has not been approved for public release and is stored on mobile computing devises must be
treated as sensitive data and encrypted using commercially available encryption technology. Whenever granted
access to sensitive information, contractor employees shall follow applicable DoD/DoN instructions, regulations,
policies and procedures when reviewing, processing, producing, protecting, destroying and/or storing that
information. Operational Security (OPSEC) procedures and practices must be implemented by both the contractor
and contract employee to protect the product, information, services, operations and missions related to the contract.
The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work
days after contract award, the contractor shall provide to the Navy Command’s Security Manager and the
Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security
Representative. The Contractor’s Security Representative shall be the primary point of contact on any security
matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the
Contracting Officer.
Non-Sensitive Positions
Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn
maintenance, vendor services, etc ...) and who require physical access to publicly accessible areas to perform those
duties shall meet the following minimum requirements:
Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the US (as
required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and
Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a Federal
Bureau of Investigation (FBI) fingerprint check prior to installation access.
To be considered for a favorable trustworthiness determination, the Contractor’s Security Representative must
submit for all employees each of the following:
SF-85 Questionnaire for Non-Sensitive Positions
Two FD-258 Applicant Fingerprint Cards
Original Signed Release Statements
The contractor shall ensure each individual employee has a current favorably completed NACI.
The Contractor’s Security Representative shall be responsible for initiating reinvestigations as required. Failure to
provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the
individual’s start date.
Sensitive Positions
Contractor employee whose duties require accessing a DoD unclassified computer/network, working with sensitive
unclassified information (either at a Government or contractor facility), or physical access to a DoD facility must be
a US citizen and possess a favorable trustworthiness determination prior to installation access. To obtain a favorable
trustworthiness determination, each contractor employee must have a favorably completed National Agency Check
with Local Credit Checks (NACLC) which consists of a NACI including a FBI fingerprint check plus credit and law
enforcement checks. Each contractor employee applying for a trustworthiness determination is required to complete:
SF-85P Questionnaire for Public Trust Positions
Two FD-258 Applicant Fingerprint Cards
Original Signed Release Statements
Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in
delaying the individual’s start date. To maintain continuing authorization for an employee to access a DoD
unclassified computer/network, and/or have access to sensitive unclassified information, the contractor shall ensure
that the individual employee has a current requisite background investigation. The Contractor’s Security
Representative shall be responsible for initiating reinvestigations as required and ensuring that background
investigations remain current (not older than 10 years) throughout the contract performance period.
IT Systems Access
When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-
process with the Navy Command’s Security Manager and Information Assurance Manager upon arrival to the Navy
command and shall out-process prior to their departure at the completion of the individual’s performance under the
contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for
all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy
Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required
documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.
When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees
requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background
investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance
when reinvestigations are required.
Security Approval Process
The Contractor’s Security Representative shall ensure that each individual employee pending assignment shall
accurately complete the required forms for submission to the Navy Command’s Security Manager. The
Contractor’s Security Representative shall screen the investigative questionnaires for completeness and accuracy
and for potential suitability/security issues prior to submitting the request to the Navy Command’s Security
Manager. Forms and fingerprint cards may be obtained from the Navy Command’s Security Manager. These
required items, shall be forwarded to the Navy Command's Security Manager for processing at least 30 days prior to
the individual employee’s anticipated date for reporting for duty. The Navy Command’s Security Manager will
review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management
(OPM). Suitability/security issues identified by the Navy Command’s Security Manager may render the contract
employee ineligible for the assignment. A favorable review of the questionnaire and advance fingerprint results are
required as an interim measure prior to the contract employee start date. An unfavorable determination made by the
Navy Command’s Security Manager is final and such a determination does not relieve the contractor from meeting
any contractual obligation under the contract.
If contractor employees already possess a current favorably adjudicated investigation, the Navy Command’s
Security Manager will use the Visit Authorization Request (VAR) via the Joint Personnel Adjudication System
(JPAS). The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee
designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the
contract.
The Navy Command’s Security Manager will forward the required forms to OPM for processing. Once the
investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for
a position of trust determination. When a favorable determination is not made, contractor employees shall not be
permitted to work on this contract effort and if already working on the contract shall be removed immediately.
The potential consequences of any requirements under this clause including denial of access for a proposed
contractor employee who fails to obtain a favorable trustworthiness determination in no way relieves the contractor
from the requirement to execute performance under the contract within the timeframes specified in the contract.
Contractors shall plan ahead in processing their employees and subcontractor employees for working in non-
sensitive positions, with sensitive information, and/or on Government IT systems. The contractor shall insert this
clause in all subcontracts when the subcontractor is permitted to have physical access to a federally controlled
facility and/or access to a federally-controlled information system/network and/or access to government information.
SUP 5252.232-9402 INVOICING AND PAYMENT (WAWF) INSTRUCTIONS (April 2008)
(a) Invoices for goods received or services rendered under this contract shall be submitted electronically through
Wide Area Work Flow -- Receipt and Acceptance (WAWF):
(1) The vendor shall have their cage code activated by calling 866-618-5988. Once activated, the
vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the Internet at
http://www.wawftraining.com. Additional support can be obtained by calling WAWF Customer Support: 866-618-
5988.
(2) WAWF Vendor ―Quick Reference‖ Guides are located at the following web site:
http://www.acquisition.navy.mil/navyaos/content/view/full/3521.
(3) Select the invoice type within WAWF as specified below. Back up documentation (such as
timesheets, receiving reports etc.) can be included and attached to the invoice in WAWF. Attachments created in
any Microsoft Office product are attachable to the invoice in WAWF. Total limit for each file is not to exceed 2MB.
Multiple attachments are allowed.
(b) The following information, regarding invoice routing DODAAC’s, must be entered for completion of the invoice
in WAWF:
Routing Table
WAWF Invoice Type
Contract Number
Delivery Order Number
Issuing Office DODAAC N68836
Admin Office DODAAC N68836
Inspector DODAAC (usually only
used when Inspector & Acceptor
are different people)
Ship To DoDAAC (for Combo), N09697
Service Acceptor DODAAC (for
2 in 1),Service Approver
DODAAC (Cost Voucher)
Acceptance At Other
Local Processing Office N09697
(Certifier)
DCAA Office DODAAC (Used
on Cost Voucher’s only)
Paying Office DODAAC N68732
Acceptor/COR Email Address Daphne.walton@usnbgtm
o.navy.mil
(c) Contractors approved by DCAA for direct billing will not process vouchers through DCAA, but may submit
directly to DFAS. Vendors MUST still provide a copy of the invoice and any applicable documentation that
supports payment to the Acceptor/Contracting Officer's Representative (COR) if applicable. Additionally, a copy of
the invoice(s) and attachment(s) at time of submission in WAWF must also be provided to each point of contact
identified in section (d) of this clause by email. If the invoice and/or receiving report are delivered in the email as an
attachment it must be provided as a .PDF, Microsoft Office product or other mutually agreed upon form between the
Contracting Officer and vendor.
(d) For each invoice / cost voucher submitted for payment, the contractor shall include the following email addresses
for the WAWF automated invoice notification to the following points of contact:
Name Email Phone Role
Daphne Walton Daphne.walton@usnbgtmo.navy.mil 011-53-999-5131 Acceptor
SUP 5252.243-9400 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (JAN 1992)
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit
the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance
of this contract shall constitute a change under the "Changes" clause of this contract.
(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued
in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of
this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this
contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the
Contracting Officer's. In the event the Contractor effects any change at the direction of any person other than the
Contracting Officer, the change will be considered to have been made without authority and no adjustment will be
made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone
number of the Contracting Officer is:
Name: Vickie Morgan
Address: Contracting Department (Code 231)
FISC Jacksonville
110 Yorktown Ave
Telephone: (904) 542-1255
CONTRACT ADMIN APPOINTMENTS
In order to expedite administration of this contract/order, the following delineation of duties is provided including
the names, addresses and phone numbers for each individual or office as specified. The individual/position
designated as having responsibility should be contacted for any questions, clarifications or information regarding the
functions assigned.
1. PROCUREMENT CONTRACTING OFFICER (PCO) is responsible for:
a. All pre-award information, questions, or data;
b. Freedom of Information inquiries:
c. Change/question/information regarding the scope, terms or conditions of the basic contract document
and/or
d. Arranging the post award conference (see FAR 42.503).
NAME: VICKIE MORGAN
ADDRESS: FLEET INDUSTRIAL SUPPLY CENTER, BUILDING 110,
3rd FLOOR, CODE 230, NAS JACKSONVILLE, FLORIDA 32212
EMAIL: VICKIE.MORGAN@NAVY.MIL
PHONE: 904 542 1255
2. CONTRACT ADMINISTRATION OFFICE (CAO) is responsible for matters specified in FAR 42.302 and
DFARS 242.302 except in those areas otherwise designated herein.
NAME: SAME AS PROCURING CONTRACTING OFFICER (PCO)
ADDRESS:
EMAIL:
PHONE:
3. PAYING OFFICE is responsible for payment of proper invoices after acceptance is documented.
NAME: DEFENSE FINANCE AND ACCOUNTING SERVICE
ADDRESS: CLEVELAND-NORFOLK ACCOUNTS PAYABLE
P.O. BOX 998022 N68732
CLEVELAND OH 44199-2001
EMAIL:
PHONE:
4. CONTRACTING OFFICER’S REPRESENTATIVE (COR) is responsible for:
a. Liaison with personnel at the Government installation and the contractor personnel on-site:
b. Technical advice/recommendations/clarification on the statement of work (SOW);
c. The SOW for delivery/task orders placed under the contract;
d. An independent government estimate of the effort described in the definitized SOW;
e. Quality assurance of services performed and acceptance of the services or deliverables:
f. Government-furnished property (GFP);
g. Security requirements of government installation;
h. Providing the PCO or his designated Order Officer with appropriate funds for issuance of the
delivery/task order;
i. Certification of invoice for payment; and/or
j. Generation of CPARS report after completion of each period of performance (i.e., base period, option
year, etc.)
NOTE: When, in the opinion of the Contractor, the COR requests effort outside existing scope of the contract (or
delivery/task order), the Contractor shall promptly notify the Contracting Officer (or Ordering Officer) in writing.
No action shall be taken by the contractor under such direction until the Contracting Officer has issued a
modification to the contract or, in the case of a delivery/task order, until the Ordering Officer ha issued a
modification of the delivery/task order; or until the issue has been resolved.
THE COR IS NOT AN ADMINISTRATIVE CONTRACTING OFFICER AND DOES NOT HAVE THE
AUTHORITY TO DIRECT THE ACCOMPLISHMENT OF EFFORT WHICH IS BEYOND THE SOW IN THE
CONTRACT OR DELIVERY/TASK ORDER.
COR NAME: ROBERT STAMBLESKY
ADDRESS: CNRSE, IT PROGRAM OFFICE, N63
EMAIL: Bob.Stamblesky@navy.mil
PHONE: 904 542 4112, DSN 942-4112
In the event the COR named above is absent due to leave, illness or official business, all responsibilities and
functions assigned to other COR will be the responsibility of the alternate COR listed below:
ACOR NAME: ROBERT DIKE
ADDRESS: U.S. NAVAL STATION GUANTANAMO BAY, CUBA
INFORMATION SYSTEMS DEPARTMENT, N6
EMAIL: Robert.Dike@usnbgtmo.navy.mil
PHONE: 011-53-99-4052, DSN 660
5. TECHNICAL ASSISTANT, if assigned by the requiring activity, is responsible for providing technical assistance
and support to the COR in contract administration by:
a. Identifying contractor deficiencies to the COR;
b. Reviewing contract/delivery task/order deliverables and recommending acceptance/rejection of
deliverables;
c. Identifying contractor noncompliance with report requirements:
d. Evaluating contractor proposals for specific delivery/task orders and identifying areas of concern
affecting negotiations;
e. Reviewing contractor status reports and providing recommendations for acceptance, rejection and/or
clarification;
f. Reviewing invoices for appropriateness of costs and providing recommendations to facilitate
certification of the invoice;
g. Providing COR with timely input regarding the SOW, technical direction to the contractor and
recommending corrective actions;
h. Providing written reports to the COR as required concerning trips, meetings or conversations with the
contractor; and
i. Assisting in preparation of final report on contractor performance for the applicable
contract/delivery/task order.
(end of clause)
PROPOSAL SUBMITTAL/EVALUATION
INSTRUCTIONS, CONDTIONS AND NOTICES TO OFFERORS
PROPOSAL SUBMITTAL REQUIREMENTS
A. GENERAL INSTRUCTIONS
1. These instructions provide guidance to the offeror in preparing the proposal and describe
the approach for development of the proposed data in response to this solicitation.
2. The proposal must comply fully with these instructions. FAILURE TO DO SO MAY CAUSE FOR
REJECTION. The proposal shall include all of the information requested in these instructions.
3. The offeror should clearly state how they intend to accomplish this contract. Mere
acknowledgement or restatement of a requirement is not acceptable. Relevance to this
acquisition effort is critical.
4. The information in the proposal should be presented in a clear, coherent and concise
manner. Vague statements such as “will comply”, “noted and understood”, etc. are not
acceptable. The proposal should be limited to the information that is necessary to convey a
point and should not be overly elaborate.
B. DELIVERY INSTRUCTIONS
Offerors shall submit one original proposal. Clearly marked as the “original” of each volume. Each
volume shall have a cover sheet marked with the volume number, copy number (e.g. Copy 1 of 3), title,
Request for Proposal (RFP) identification, and offeror’s name. Submission in loose leaf, three-ring
binders is preferred. Volume(s) number, copy number and title must also be on the edge of the binder
to allow rapid accountability when placed in a vertical position in a storage cabinet.
C. SPECIAL INSTRUCTIONS FOR PREPRATION OF PROPOSALS
Volume Content. Proposals shall be submitted in three (4) volumes. Volume 1 shall be VOID of
proposal cost information unless otherwise stated in the instructions for the volume. Each volume shall
clearly and completely describe the effort that the offeror is proposing to accomplish under the contract
and contain all required documentation called for in the instructions for the particular volume. Except
for the Technical Volume, the number of proposal pages is not limited. The following chart shows the
volume number, content, and required number of copies to be submitted.
VOLUME CONTENT COPIES
Volume I Technical Proposal Original + 3
Volume II Past Performance Original + 2
Volume III Cost/Price Proposal Original + 2
Volume IV Administrative Information Original + 2
Volume I (Technical) shall be written and shall consist of a maximum of 75 pages, exclusive of section
dividers, Table of Content, Lists of Figures, and Glossary of Terms. The evaluators will read only up to
the maximum number of pages specified. Submission shall be limited to the number of pages specified,
total inclusive of any drawings, charts, etc. Type shall be no smaller than font size of ten (10) and shall
be at least single spaced. Page size shall not exceed 8 ½” x 11”.
Volume II (Past Performance) - The offeror and any proposed subcontractor shall provide a list of most
relevant contracts and/or subcontracts completed during the past three (3) years and all contracts and
subcontracts currently in process which are relevant to the proposed effort. Contracts listed may
include those entered into by the Federal Government, agencies of state and local governments, and
commercial customers. These contracts should be similar in nature to the work required by the scope of
work. Past performance information may also be obtained from evaluations prepared in accordance
with FAR 42.15.
Past Performance Information Form (Attached) shall be utilized to collect performance information.
Offerors shall, reproduce as necessary, and complete. Offerors shall complete the survey form for a
minimum of two (2) most relevant contract efforts whether on-going or completed within the past three
(3) years. Offerors should provide the completed surveys for any proposed subcontractor (exclusive of
vendor purchases) on its three (3) most relevant contract efforts. Each offeror will be evaluated on its
performance under existing and prior contracts for similar products or services. Performance will be
used for both responsibility determinations and as an evaluation factor to assure best value to the
Government.
Volume IV (Administrative Information) shall contain the following, as applicable:
a. One (1) complete copy of the solicitation (SF 1449)
a. Section A. Complete page 1 of the SF1449, completing Block 12 (if applicable), Block 17a
(including complete address and CAGE code), Block 17b (if applicable), and Blocks 30a
thru 30c.
b. Section B. Complete the fill-ins to record the proposed cost/price.
c. Section K. Complete all the required certifications, representations, and other
statements of the offeror unless annual representations and certifications are available
through the Online Representations and Certifications Application (ORCA).
QUESTIONS CONCERNING THE SOLICITATION – If an Offeror has any questions concerning this
solicitation, it is recommended that they be submitted in writing no later than (10) calendar days prior
to the closing date of the solicitation. Questions received after that time may not receive a response.
PROPOSAL SUBMISSION
a. You are invited to submit a proposal in accordance with Paragraph L-1, Proposal Preparation
Instructions, to arrive at the office specified in Subparagraph c. below no later than 4:00 pm
(EST), 20 APRIL 2011.
b. All proposals delivered in response to this solicitation shall reflect the following on the
address label:
a. Address indicated in subparagraph d. below
b. Solicitation Number N68836-11-R-0006
c. The legend “TO BE DELIVERED UNOPENED TO Fleet Industrial and Supply Center –
Jacksonville, Contracts Division, ATTN: Mr. Learie Holder, Building 110, 3rd Floor,
Naval Air Station, Jacksonville, Florida 32212”.
c. The volume and copy number contained in each box.
d. All proposal documents must be delivered to Fleet Industrial and Supply Center –
Jacksonville, Contracts Division, ATTN: Mr. Learie Holder, Building 110, 3rd Floor, Naval Air
Station, Jacksonville, Florida 32212
QUESTIONS BY OFFERORS
All questions regarding this solicitation shall be addressed to the following individuals:
Learie Holder, Contract Specialist
Fleet Industrial and Supply Center – Jacksonville
Building 110, 3rd Floor
Naval Air Station Jacksonville, Florida 32212
904-542-4837
904 542 1095
Learie.holder@navy.mil
Vickie J. Morgan, Contracting Officer
Fleet Industrial and Supply Center – Jacksonville
Building 110, 3rd Floor
Naval Air Station Jacksonville, Florida 32212
904-542-1255
904 542 1095
Vickie.morgan1@navy.mil
EVALUATION FACTORS FOR AWARD
EVALUATION OF PROPOSALS
The Government will award a contract resulting from this solicitation to the responsible offeror whose
offer conforming to the solicitation will be most advantageous to the Government; price and other
factors considered. The below factors shall be used to evaluate offers.
LOWEST PRICE TECHNICALLY ACEPTABLE EVALUATION
a. Basis for Award. Award will be made without discussions; however, the Government reserves
the right to conduct discussions if the Contracting Officer later determines discussions to be necessary.
The team will conduct an initial evaluation of proposals. Should one of the offeror’s proposal represent
the best overall value to the Government, then award will be made based upon the initial offer. Should
an award on the initial offer not be pursued, the Government will establish a competitive range and
notify all offerors of their inclusion or exclusion. Discussion will be held with those offerors in the
competitive range for the purpose of clarifying submissions or correcting deficiencies. Offerors
eliminated from the competitive range shall be promptly notified in writing in accordance with FAR
15.503. Following the conclusion of these activities, final proposal revisions will be requested. Final
evaluation will be conducted and award will be made to the Offer whose proposal offers the best value
to the Government based on the factors set for the herein.
The following factors will be used to evaluate offers:
Technical
*Subfactors - Technical Approach
Management Plan / Quality Control
Past Performance
b. Factors to be evaluated
(1) Technical Area – The Technical Area evaluation consists of two subfactors, listed in
decreasing order of importance.
a. Subfactor One: Technical Approach. Offerors shall demonstrate an
understanding of the solicitation requirements by describing in detail, their
approach and plan to perform and manage the work specifically required by
the performance work statement (PWS). The technical approach must
identify the methodology and analytical techniques the offeror will use to
fulfill the PWS requirements.
b. Subfactor Two: Management Plan/Quality Control Plan. The offeror shall
ensure quality service is maintained to perform throughout the life of the
contract and methods for improving the overall quality. Offerors shall
therefore prepare and submit a management/quality control plan. The plan
shall, at a minimum, discuss the Contractor’s overall approach and
procedures for evaluating the PWS, communicating with the Government,
resolving deficiencies, and identifying potential improvements.
(2) Past Performance Area – The Past performance will be evaluated to access each
offeror’s related present and past performance record to determine the
performance risk associated with each proposal. Present and past (completed
within the last three (3) years) performance will be considered. Performance data
and sources to be evaluated will be furnished by each Offeror and submitted on the
Past Performance Information Form (Attached) provided with the solicitation.
Offerors with no relevant performance history will receive a neutral rating (i.e.,
unknown risk).
Government evaluators may avail themselves of various federal, state and local past
performance databases including, but limited to, the Contractor Performance Assessment
Reporting System (CPARS). The Government may research offeror performance on any federal,
state local and commercial contract performance of the offeror that is known to the
Government, but not included on a submitted “Past Performance Information Form”.
Additionally, personal experience and evaluator knowledge of offeror performance may be
utilized.
The Government will consider the relevance of past performance information obtained in
relation to the scope of this procurement. Past performance, either positive or negative, which
is considered by the Government to be more closely related to the scope of this effort, will be
given additional weight in the evaluation process. Past performance that is determined to be
not relevant to the effort being procured will not be considered.
Offerors with past performance data will be evaluated in the same manner as all other
evaluation factors; however, those offerors with no past performance data will neither be
evaluated favorably nor unfavorably. Therefore, offerors will receive credit for good past
performance, lose credit for poor past performance, and/or receive nor lose credit for no
relevant past performance.
b. Offeror’s proposal will be evaluated first under Technical. The Offeror’s technical information will
be evaluated and determined technically acceptable or technically unacceptable. Technical proposals
with an omission(s) or one that takes exception to any requirement of the solicitation or receives an
unacceptable rating in any subfactor will be rendered technically unacceptable. Offeror’s determined to
be technically unacceptable will not be considered for award unless discussions are held and offeror’s
are given an opportunity to revise their proposals.
Technically acceptable offers will be evaluated under the second Factor – Past Performance. This non-
cost factor will be evaluated as acceptable, unacceptable, or neutral. Past performance will be evaluated
based on the Offeror’s applicable performance under existing and prior contracts for services consistent
with the scope and complexity of the functions in the solicitation as well as technical experience in the
Performance of services similar in size, type and complexity required by the solicitation. Performance
information will be used for both responsibility determinations and as an evaluation factor. The
Government will focus on information that demonstrates quality of performance relative to the size and
complexity of the procurement under consideration. Offeror’s lacking relevant past performance history
will receive a neutral rating for past performance. In the case of an offeror without a record of relevant
past performance or for whom information on past performance is not available, the Offeror may not be
evaluated favorably or unfavorably on past performance.
Offeror’s meeting or exceeding the acceptability standards for non-cost factors (i.e., “acceptable”
technical rating and either an “acceptable” or “neutral” past performance rating) will be evaluated on
price. Award will be made to the low priced offeror with an “acceptable” technical rating and an
“acceptable” or “neutral” past performance rating.
c. A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful
offeror within the time for acceptance specified in the offer, shall result in a binding contract without
further action by either party. Before the offer’s specified expiration time, the Government may accept
an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is
received before award.
N68836-11-R-0006
Page 53 of 53
ATTACHMENTS
ATTACHMENT TITLE
1 PRE-SITE VISIT INFORMATION SHEET
2 MACS INFORMATION REQUIRED FOR COMMAND VISIT
3 NAVAL STATION ENTRY CLEARANCE REQUEST
4 GTMO SHIPPING INSTRUCTIONS
5 GTMO CELL SITES
6 CONTRACTOR PERFORMANCE EVALUATION SURVEY
7 PAST PERFORMANCE INFORMATION SHEET
