Get documents about "Attachment 1 --- Past Performance Sheet
Shared by: HC120704025449
-
Stats
- views:
- 11
- posted:
- 7/3/2012
- language:
- pages:
- 73
Document Sample
1. REQUISITION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS N0025911RCE0078
PAGE 1 OF 71
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
N00244-10-R-0064 02-Aug-2010
7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME
INFORMATION CALL: CLAUDIA A. AGUZAR 619-532-3171 04:00 PM 26 Aug 2010
9. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS
N00244
UNRESTRICTED DESTINATION UNLESS
FISC SAN DIEGO
BLOCK IS MARKED
CODE 200 X SET ASIDE: 100 % FOR
937 NORTH HARBOR DRIVE SEE SCHEDULE
SAN DIEGO CA 92132-0200 X SB
HUBZONE SB 13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
8(A)
13b. RATING
SVC-DISABLED VET-OWNED SB
TEL: 14. METHOD OF SOLICITATION
EMERGING SB
FAX: RFQ IFB X RFP
SIZE STD: $7.0 M NAICS: 561410
15. DELIVER TO CODE N32553 16. ADMINISTERED BY CODE
NAVAL MEDICAL CENTER SAN DIEGO
JOYCE CLARIDY
MATERIAL MANAGEMENT DEPT
SAN DIEGO CA 92134-1008
TEL: 619-532-8117 FAX:
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 2 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 71
(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
N00244-10-R-0064
Page 3 of 73
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 630,000 Line
TRANSCRIPTION SERVICES
FFP
FOR LABORATORY-PATHOLOGY DEPARTMENT IN ACCORDANCE
WITH THE STATEMENT OF WORK.
BASE YEAR: 01 OCT 2010 - 30 SEPTEMBER 2011.
INVOICING MONTHLY IN ARREARS.
FOB: Destination
MILSTRIP: N0025911RCE0078
PURCHASE REQUEST NUMBER: N0025911RCE0078
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1001 630,000 Line
OPTION TRANSCRIPTION SERVICES
FFP
FOR LABORATORY-PATHOLOGY DEPARTMENT IN ACCORDANCE
WITH THE STATEMENT OF WORK.
OPTION YEAR 1: 01 OCT 2011 - 30 SEPTEMBER 2012.
INVOICING MONTHLY IN ARREARS.
FOB: Destination
MILSTRIP: N0025911RCE0078
PURCHASE REQUEST NUMBER: N0025911RCE0078
NET AMT
N00244-10-R-0064
Page 4 of 73
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2001 630,000 Line
OPTION TRANSCRIPTION SERVICES
FFP
FOR LABORATORY-PATHOLOGY DEPARTMENT IN ACCORDANCE
WITH THE STATEMENT OF WORK.
OPTION YEAR 2: 01 OCT 2012 - 30 SEPTEMBER 2013.
INVOICING MONTHLY IN ARREARS.
FOB: Destination
MILSTRIP: N0025911RCE0078
PURCHASE REQUEST NUMBER: N0025911RCE0078
NET AMT
SOW
Naval Medical Center
San Diego, California
Anatomical Pathology Laboratory: Pathology transcription services
STATEMENT OF WORK
1.0 INTRODUCTION
1.1 Organization
The Naval Medical Center (NMC) located in San Diego, California is responsible for providing
the U.S. Navy, other military branches, and their military families with reliable quality health
care. In addition to maintaining status as the nation’s premier care provider, NMC is responsible
for preparing for deployable support of operational forces, as well as shaping the future of
military medicine through education, training and research.
1.2 Background and Objective
Pathology transcription is a specialized branch in medical transcription that focuses on disease
diagnosis. Transcription covers the entire process from microscopic to description to diagnosis.
Dictation includes patient history and reports, pathology notes from gross description to final
diagnosis, preparation of pathology consultation notes, medical documentation, patient progress
reports, discharge summaries, procedure notes, ER reports, and operative reports. Accurate
N00244-10-R-0064
Page 5 of 73
transcription and rapid turnaround time is essential for delivering optimal treatment to potentially
critically ill patients.
Due to the highly specialized skills and the lack of required resources, it is not cost effective
transcription to be performed in house. Professional resources, required space, and technology
needed prevents NMCSD from maintaining this service on-site.
The objective of this contract is to provide Pathology Transcription Services for NMCSD
Anatomical Pathology Laboratory in accordance with the requirements as stated herein.
2.0 REQUIREMENT
2.1 Task Description and Deliverables
The purpose of pathology transcription services is to transcribe dictation that will cover
Pathology type workload into correct Government required format. Voice recordings, to include
contractor-owned/leased digital dictation systems, are to be sent from or recorded directly from
NMCSD Anatomical Pathology. The Contractor must furnish all managerial, supervisory, direct
and overhead personnel; equipment including maintenance; facilities; supplies; and other items
or services; except specified herein as Government-furnished, to provide medical transcription
services as defined in this contract for Laboratory Department, Naval Medical Center San Diego.
Requirements Turn Around Time Reporting Critical Nature
(TAT) Requirements
The Contractor must Hours of Operation: The Contractor must Accurate and
provide medical transcription services provide reports that timely patient
transcription services to are required Monday conform to College of diagnosis is
transcribe and type from through Friday, except American Pathologist required for
specific dictated federal holidays: New (CAP) standards. CAP proper treatment
directions when Year’s Day, Martin required information in and management
provided or in Luther King Jr. Day, reports include the of disease.
prescribed formats from President’s Day, patient’s full name, Optimal patient
highly specialized Memorial Day, Fourth patient number, care cannot be
medical dictation. The of July, Labor Day, requesting physician, provided without
dictation must cover all Columbus Day, date and time of rapid TAT.
types of Pathology Veteran’s Day, collection, date and
workload for the Thanksgiving, and time of receipt by the Pathology cases
Laboratory Department, Christmas Day. Hours lab, date and time are required by
including Surgical of operation should reported, and results. CAP to be
Pathology, Bone coincide to meet TAT completed no
Marrow, Autopsy, and requirements for The Contractor must later than 48-
Cytology case reports, transcribing dictations distribute transcribed hours after
grossing, microscopic and hard-copy documents to pathology specimen receipt.
description, diagnoses, documents. staff daily (CAP
corresponding with the Requirement:
N00244-10-R-0064
Page 6 of 73
amendments, Turnaround times workload documents ANP.12150,
addendums, consults, (TAT): reports (i.e. X-log) as required CYP.07690)
submitted cases, special following the by the Laboratory
studies, and any other completion of all Department.
information for dictations or receipt of
pathologic- hard-copy documents
radiographic, or must be within 4 hours
pathologic-clinical when received by 2:00
correlation. The p.m. Pacific Time,
Contractor must Dictations or hard-
transcribe from voice copies received after
recordings (either 2:00 p.m. Pacific Time
Government-owned must be transcribed by
digital dictation system 8:00 a.m. the following
or a Contractor-owned day.
system) into COPATH
in correct Government
required format. In
addition, the
Government may
provide hard-copy
reports for entry and
transcription.
The Contractor must provide medical transcription services to transcribe and type from specific
dictated directions when provided or in prescribed formats from highly specialized medical
dictation. The dictation must cover all types of Pathology workload for the Laboratory
Department, including Surgical Pathology, Bone Marrow, Autopsy, and Cytology case reports,
grossing, microscopic description, diagnoses, amendments, addendums, consults, submitted
cases, special studies, and any other information for pathologic-radiographic, or pathologic-
clinical correlation. The Contractor must transcribe from voice recordings (either Government-
owned digital dictation system or a Contractor-owned system) into COPATH in correct
Government required format. In addition, the Government may provide hard-copy reports for
entry and transcription.
The Contractor must enter transcription data directly into COPATH and Composite Health Care
System (CHCS). The Government must provide a web-based portal to access COPATH and
CHCS, subject to security requirements outlined in Section 4.3 below.
The Contractor must distribute transcribed documents to pathology staff daily corresponding
with the workload documents (i.e. X-log) as required by the Laboratory Department.
N00244-10-R-0064
Page 7 of 73
The Contractor must maintain specific records (i.e. grossing documents, SF515 paperwork on
written submission, outside consult case paperwork, final reports, addendums, extra departmental
consult paperwork, etc.), filing all paperwork at NMCSD with each case and storing in
chronological order for a 2 year storage period as required by the COR and Laboratory
Department.
The Contractor must accurately transcribe demographic, military, and clinical information for all
cases from CHCS into COPATH.
The contractor must be capable of delivering any dictation electronically in the format described.
The Contractor must customize the dictation system menu to collect SSN, work types, consult
order numbers and location code (duty station and inpatient register number) and any other data
required to deliver the transcription electronically as required.
2.2 Task Personnel Requirements
2.2.1 US Citizenship
US citizenship is required.
2.2.2 Technical and Personal Skills
Laboratory professionals who perform highly technical pathology transcription must possess the
appropriate knowledge and skills associated pathology and transcription. The Contractor must
provide and train sufficient qualified personnel to perform services specified in this contract
beginning on the established start date of the contract. The Contractor must also be able to
provide disaster support if needed.
Laboratory Reports must comply with the Health Insurance Portability and Accountability Act
(HIPAA) regulations with necessary HIPAA clauses included. Reports will include medical
liability clauses for non-personal medical services. Information provided in the reports must
comply with the CAP standards.
The Contractor must ensure strict adherence to all security requirements for all contents and
systems of reports applicable to this contract; meeting all requirements as imposed by HIPAA
and JCAHO.
3.0 CLASSIFICATION
Unclassified
4.0 TECHNICAL REQUIREMENTS
N00244-10-R-0064
Page 8 of 73
4.1 Specifications
All transcription for the Laboratory Department shall be performed using the COPATH system.
Dictation from the Laboratory Department must be provided to the contractor using telephone
based, PC based dictation devices, and various handwritten or typed forms. Dictation system
must connect to the hospital’s LAN and PBX systems but the server must be the responsibility of
the contractor and must be a secure system to ensure HIPPA compliance. The Laboratory
Department may require customization of the dictation call flow and software. Dictation system
must need fault tolerance and backup capabilities.
The Government must provide a copy of department accession number protocol to the Contractor
prior to commencement of work.
4.1.1 Line Counting Methods
For counting and billing purposes, reports entered into COPATH must be counted by the line
counter module in COPATH or by an alternative method utilized by the contractor. NOTE:
COPATH uses 78 characters per line, and counts blank lines and partial lines as billable line.
4.1.2 Pathology Reports
The Contractor must work with laboratory staff to troubleshoot and correct errors with the
Pathology Reports.
The contractor must be able to transcribe demographic, military, and clinical information from
CHCS or a hard-copy (i.e., SF-515) into COPATH. Information missing on hard-copy
documentation must be properly coded in COPATH.
The Contractor must provide transcribed COPATH working draft reports daily with the
COPATH case log to the Pathologist signing out the corresponding cases.
The Contractor must cumulatively transcribe dictations and hard-copy reports upon receipt into a
single report based on the COPATH report format until the report is finalized.
The Contractor must perform the same process for all pathology dictations and hard-copy reports
submitted from outlying medical facilities authorized by NMCSD, to include: Naval Hospital
(NH) Camp Pendleton, NH Twenty-nine Palms, and Naval Branch Health Clinic, Port Hueneme.
The Government must provide addenda via electronic voice file and/or fax to the transcriptionist
for entry into the COPATH system.
The Contractor must prioritize the transcription of dictation and hard-copy documents as defined
by the Laboratory Department.
N00244-10-R-0064
Page 9 of 73
CHCS, COPATH, or Other Automated Information System Procedure. When required by the
Government, the Contractor must enter patient reports into the CHCS and/or COPATH computer
network or other computer information systems.
The Contractor must furnish all necessary transcription equipment, supplies, parts, tools, and
labor to perform this contract.
4.3 Training of NMCSD Personnel
The Contractor must provide instructions and materials necessary to instruct NMCSD personnel
in the use of the contractor’s dictation system at no additional cost to the Government. Areas of
instruction and schedule of staff personnel must be provided by the government. List of
personnel requiring initial training must be provided at contract award.
The Contractor must furnish all necessary equipment, supplies, parts, tools, and labor to perform
this contract.
4.4 Requirements
A. The Contractor must act in accordance with commercial practices.
B. The Contractor must include Medical liability clauses for non-personal medical
services.
C. All subcontracted referral facilities used by the contractor shall also meet the above
requirements.
D. The Contractor must call the originator regarding clarification of work submitted or
questions about specific requirements. Unusual terminology and non-standard test
requests must be verified with the originator when unclear.
4.4.1 Information Systems Security. All Navy Medicine IT systems must maintain an
appropriate level of confidentiality, integrity, authentication, non-repudiation, and availability.
The Business-To-Business (B2B) Gateway provides confidentiality, integrity, authentication,
non-repudiation, and availability to Navy Medicine Enclaves. The B2B Gateway is the solution
to be used by Navy MTFs to provide remote connectivity to MHS Business Partners. The B2B
Gateway is designed to provide MHS Business Partners with a securely managed, single point of
entry into Navy Medicine Enclaves. The B2B Gateway is sponsored by TIMPO and is managed
by DISA.
Contractor responsibilities must include some or all of the following:
A. Provides network information
B. Procures and installs B2B Gateway compatible VPN/encryption device
C. Procures Tier I or Tier II Internet Service Provider for connectivity
N00244-10-R-0064
Page 10 of 73
D. Provides qualified on-site touch labor technical support
1. Help resolve telecommunications and support routine maintenance activities
E. Obtains DOD Information Assurance Certification and Accreditation Process /DOD
Information Assurance Certification and Accreditation Process (DITSCAP/DIACAP)
accreditation, if required
1. http://www.tricare.osd.mil/tmis_new/IA.htm#ditscap
F. Completes Data Use Agreement, if required
G. Ensures personnel have appropriate security qualifications
H. Ensures personnel complete annual Information Assurance Training
I. Reports all problems to the MHS Help Desk
J. Provides 24 X 7 on call technical points of contact
1. Assist in problem resolution
K. Provides configuration management of B2B Gateway Questionnaire
5.0 GOVERNMENT-FURNISHED PROPERTY/MATERIAL
5.1 Equipment
Government-furnished equipment must be used only in the performance of services required in
this contract. No alterations must be made without specific written permission of the COR.
Each request must be submitted to the COR, in writing, for approval. The Contractor must return
the equipment to the Government in the same condition and quantity as received, except for fair
wear and tear. The Government must furnish repairs, alterations, and maintenance service to
facilities which include electrical power into and including panel boards, circuit breakers,
magnetic conductors, fixed equipment, and wall outlets, and all alterations and repairs to the
NMCSD and its real property fixtures.
The Contractor must furnish all necessary transcription equipment, supplies, parts, tools, and
labor to perform this contract.
The Government must provide dictation devices, such as hands free, handhelds, PDAs, etc.,
capable of connecting to the dictation system through a Local Area Network (LAN) or PBX
systems.
The Government must provide user information and security codes for use by the contractor.
The contractor must immediately terminate the use of these codes upon notification by the
Government.
N00244-10-R-0064
Page 11 of 73
Title to all Government-furnished equipment must remain with the Government.
The Contractor is required to use the ADT feed from the Composite Healthcare System (CHCS).
The ADT feed is a stream of HL7 messages that provides patient demographic information,
social security number, etc. to ensure appropriate data quality checks (i.e., spelling, etc.).
5.2 Care of Property
The contractor must exercise care in the use of all Government-furnished fixtures, facilities, and
furnishings to prevent undue wear, breakage, and/or consumption.
6.0 TRAVEL
No travel required.
7.0 PERIOD OF PERFORMANCE
See CLINS
8.0 PERSONAL SERVICES
NON PERSONAL SERVICES STATEMENT
Contractor employees performing services under this order will be controlled, directed, and
supervised at all times by management personnel of the contractor. Contractor management will
ensure that employees properly comply with the performance work standards outlined in the
statement of work. Contractor employees will perform their duties independent of, and without
the supervision of, any Government official or other Defense Contractor. The tasks, duties, and
responsibilities set forth in the task order may not be interpreted or implemented in any manner
that results in any contractor employee creating or modifying Federal policy, obligating the
appropriated funds of the United States Government, overseeing the work of Federal employees,
providing direct personal services to any Federal employee, or otherwise violating the
prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The
Government will control access to the facility and will perform the inspection and acceptance of
the completed work.
7.0 INVOICE SCHEDULE
Contractor may invoice monthly in arrears.
Invoices shall be submitted once a month for services rendered during the previous month. Only
one invoice may be submitted per month. Invoices must identify the invoicing period. If charges
against more than one line item have occurred during the invoicing period, all charges must be
combined into one invoice. Specific invoicing instruction will be provided in the contract award.
The contractor’s failure to include the necessary information or a more frequent invoice
submission than authorized will result in invoices being rejected.
N00244-10-R-0064
Page 12 of 73
QASP
Naval Medical Center
San Diego, California
Anatomical Pathology Laboratory: Pathology transcription services
Quality Assurance Surveillance Plan (QASP)
SOW Reference:
The Contractor must provide medical transcription services to transcribe and type from specific
dictated directions when provided or in prescribed formats from highly specialized medical
dictation. The dictation must cover all types of Pathology workload for the Laboratory
Department, including Surgical Pathology, Bone Marrow, Autopsy, and Cytology case reports,
grossing, microscopic description, diagnoses, amendments, addendums, consults, submitted
cases, special studies, and any other information for pathologic-radiographic, or pathological
correction. The Contractor must transcribe from voice recordings (either Government owned
digital dictation system or a Contractor owned system) into COPATH in correct Government
format. In addition, the Government may provide hard-copy reports for entry and transcription.
Requirement/ Desired Outcome:
Deliverables.
Performance Standards:
All deliverables IAW the SOW should be accurate and timely.
Acceptable Quality Level (AQL):
The Contractor must ensure that completed transcription is medically consistent and accurate in
content. This requires an extensive knowledge of medical terminology, including but not limited
to anatomy, pharmacology, surgical procedures, laboratory values, etc. The Contractor must
analyze transcription for accuracy and meaning to ensure transcribed report is an accurate
representation of the dictated report. The Contractor must, in all cases possible, ensure that the
demographic information at the top of each report is complete using information provided by the
Government.
Contractor must ensure completed work contains no more than two (2) spelling, grammar,
punctuation, or typographical errors and omissions per page prior to returning the final output to
originator. Completed work containing more than two (2) errors or omissions on any single page
must be considered unacceptable and subject to correction by the Contractor at no additional cost
to the Government.
Contractor must provide an Acceptable Quality Level Assessment Report quarterly for the
individual services pertaining to outputs dealing with summary of line count, timeliness of
delivery, use of correct format, provision of original reports, specified number of copies, and
other performance requirements and acceptable levels of quality.
N00244-10-R-0064
Page 13 of 73
Monitoring Method:
Government Review and Approval of Deliverables identified in the SOW.
Note: If performance fall below the AQL defined above, the COR shall document the
instance(s), coordinate with the Contracting Officer and advise the Contractor. The Contractor
will be requested to review the documentation and provide a written response on how
performance will be corrected in the future. Re-performance on any work for failure to perform
in accordance with the specified AQL or task requirement shall be borne at the Contractor’s own
expense and at no cost to the Government.
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
1001 Destination Government Destination Government
2001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-OCT-2010 TO N/A NAVAL MEDICAL CENTER SAN DIEGO N32553
30-SEP-2011 JOYCE CLARIDY
MATERIAL MANAGEMENT DEPT
SAN DIEGO CA 92134-1008
619-532-8117
FOB: Destination
1001 POP 01-OCT-2011 TO N/A (SAME AS PREVIOUS LOCATION) N32553
30-SEP-2012 FOB: Destination
2001 POP 01-OCT-2010 TO N/A (SAME AS PREVIOUS LOCATION) N32553
30-SEP-2013 FOB: Destination
N00244-10-R-0064
Page 14 of 73
CLAUSES INCORPORATED BY REFERENCE
52.217-5 Evaluation Of Options JUL 1990
52.219-6 Notice Of Total Small Business Set-Aside JUN 2003
52.232-33 Payment by Electronic Funds Transfer--Central Contractor OCT 2003
Registration
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-3 Continuity Of Services JAN 1991
52.242-13 Bankruptcy JUL 1995
52.242-15 Stop-Work Order AUG 1989
52.246-4 Inspection Of Services--Fixed Price AUG 1996
52.247-34 F.O.B. Destination NOV 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007
252.232-7003 Electronic Submission of Payment Requests and Receiving MAR 2008
Reports
252.232-7010 Levies on Contract Payments DEC 2006
252.247-7023 Transportation of Supplies by Sea MAY 2002
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;
N00244-10-R-0064
Page 15 of 73
(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.
N00244-10-R-0064
Page 16 of 73
(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
N00244-10-R-0064
Page 17 of 73
(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)
ADDENDUM TO FAR 52.212-1
I. INSTRUCTIONS FOR THE SUBMISSION OF PROPOSALS
N00244-10-R-0064
Page 18 of 73
All questions concerning this solicitation must be submitted via e-mail to
Claudia.aguzar@navy.mil by 13 August 2010. Questions submitted after 13 August 2010
will not be considered. Phone calls or faxes will not be accepted.
Sealed proposals for the services to be provided shall be submitted by US Mail, Commercial Express Service, or
hand-carried to one of the following addresses:
US MAIL
Naval Supply Systems Command
Fleet and Industrial Supply Center San Diego
Attention: Claudia A. Aguzar (619) 532-3171
937 North Harbor Drive, Suite 60
San Diego, CA 92132-0200
COMMERCIAL EXPRESS SERVICE OR HAND-CARRIED
Naval Supply Systems Command
Fleet and Industrial Supply Center San Diego
Attention: Claudia A. Aguzar (619) 532-3171
Broadway Complex, Building 1, 7th Floor
937 North Harbor Drive, Suite 60
San Diego, CA 92132-0200
II. PREPARATION OF PROPOSALS
The Government will assess the extent to which each offeror complies with the instructions in this RFP. The
Government will consider any failure to comply with these instructions to be indicative of the business conduct that
it can expect during contract performance and a lack of capability to perform satisfactorily.
IMPORTANT: Facsimile proposals are not authorized and WILL NOT be considered for award.
(A) Offerors are required to submit by the specified solicitation closing date and time, their original proposal with
four (4) paper copies divided into three (3) volumes as indicated below.
Part Content Limit
Volume I Technical Capabity Plan 10 Pages
Volume II Past Performance 10 Pages Maximum
Volume III Completed Solicitation All pages
The Contracting Officer shall not evaluate any pages in excess of the specified limits.
(B) In addition to instructions to offerors contained elsewhere in this solicitation, the following elements of the
proposal, including specific instructions for its organization and content, are provided as follows:
VOLUME I – TECHNICAL CAPABILITY PLAN
This section shall not exceed ten (10) pages. It shall include the offeror’s a brief summary of the offeror’s capability
to accomplish the requirements of the contract.
VOLUME II – PAST PERFORMANCE
The submittal for Past Performance shall include information described below in the format described and shall not
exceed ten (10) pages.
N00244-10-R-0064
Page 19 of 73
VOLUME III – COMPLETED SOLICITATION
This volume shall include the entire completed solicitation document and a complete detailed price/cost breakdown
with all supporting information; and a Central Contractor Registration (CCR) (http://www.ccr.gov/) and Online
Representations and Certifications Application (ORCA) information (https://orca.bpn.gov/). Each page of each copy
should be affixed with the following legends: “Source Selection Information – See FAR 2.101 and 3.104.”
(C) Electronic copies of Offerors’ proposals are also required and shall consist of no more than two (2) CDs as
shown below.
CD Content
First CD Volume I and Technical Capability Plan and Past Performance
II
Second CD Volume III Completed Solicitation
(D) The completion and submission of Volumes I, II and III will constitute an offer (proposal) and will be
considered the offeror’s unconditional assent to the terms and conditions of this solicitation and any attachments
and/or exhibits hereto, excluding any specific exceptions.
(E) Proposals shall contain only UNCLASSIFIED information. Offers shall be signed by a responsible officer
representing the company who submitted the proposal. If any section of the proposal was not prepared by the
individual who signs the proposal as described in the aforementioned sentence, identify the person’s name,
employment capacity, the name of the person’s firm, the relationship of that firm to the offeror, and the portion of the
proposal in which the person participated.
III. PROPOSAL FORMAT
(A) This section specifies the format the offerors shall use in proposal submissions. The intent is not to restrict the
offerors in how they will perform their proposed work, but rather to ensure a certain degree of uniformity in the
format of the proposals for evaluation purposes.
(B) Each volume should contain the following items in addition to the information required by this solicitation:
Cover: The cover should indicate the following:
Title of the proposal
Volume number (I, II and III)
Solicitation number
Name and address of offeror
Identification of original signature copies
(C) Requirements for Style: The proposal shall clearly and concisely set forth the offeror’s response to the
requirements of the solicitation. Unnecessary elaboration or other presentations beyond that sufficient to present a
complete and effective proposal are not desired and may be construed as an indication of the offeror’s lack of
understanding of the solicitation requirements. Elaborate artwork and expensive visuals or other presentation aids
are neither necessary nor desired.
The offeror shall include the legend, “Source Selection Information - See FAR 2.101 and 3.104" in the header/footer
margins (top or bottom) for each volume. However, no other text or logos may appear in the margins.
Use Font style “Courier” or “Times New Roman” font size 12. Print one-side, double spaced. Page limitations shall
include any chart(s), diagram(s), foldouts and/or graphic(s).
N00244-10-R-0064
Page 20 of 73
IV. PROPOSAL CONTENT
(A) TECHNICAL CAPABILITY PLAN
1. The Government will consider how well each offeror understands the requirements and how each offeror will
approach the accomplishment of the effort as evidenced by the proposed Technical Capability.
The offeror must meet all the solicitation requirements, be complete and comprehensive, provide enough
detail, exemplify a good understanding of the scope and depth of the task requirements set forth in the
SOW. Any weaknesses in the proposal must be few in number and minor, thereby having little or no
effect on the proposed contract performance. The Technical Capability must provide enough detail and
be of sufficient quality in all areas to ensure succesfull accomplishment of the work. In addtion, the
Contractor must meet all the three (3) elements under Factor 1.
(B) PAST PERFORMANCE
1. The Government will evaluate each offeror's past performance based upon the relevant references submitted under
the Past Performance factor. Offerors shall provide the Past Performance/Questionnaire Data Sheets (See FAR
52.212-2) on at least three (3) of the firm’s most recently completed federal government, state government,
municipal government, or commercial contracts. Offerors who present similar contracts should provide a detailed
explanation demonstrating the relevance of the contracts or efforts to the requirements of the present solicitation.
2. The offeror may also submit relevant contracts performed by any subcontractors who will perform under this
contract. In such a case, the offeror must also clearly indicate the percentage of work that each of the proposed
subcontractors will perform under the proposed contract.
3. If the offeror possesses no relevant past performance, it must affirmatively state this fact in the Past
Performance/Questionnaire Data Sheets.
4. Each contract described in the on a Past Performance/Questionnaire Data Sheets must be completed by a
representative of the Government agency and/or commercial firm for whom the work was performed. The
Government or commercial customer MUST forward the completed Past Performance Data Sheets/Questionnaire to
the Contracting Officer. It shall be the offeror’s responsibility to ensure receipt by the Contracting Officer of these
completed Past Performance/Questionnaire Data Sheets not later than the closing of the solicitation. The page limit
of 10 pages for Past Performance shall not apply to the completed Past Performance/Questionnaire Data Sheets.
(C) COMPLETED SOLICITATION
Volume III shall include the completed solicitation documents and a complete detailed price/breakdown.
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)
N00244-10-R-0064
Page 21 of 73
a) The Government will award a contract resulting from this solicitation to the responsible offeror whose
offer conforming to the solicitation will be most advantageous to the Government, price and other factors
considered. The following factors shall be used to evaluate offers.
(i) TECHNICAL CAPABILITY PLAN
(ii) PAST PERFORMANCE
(iii) PRICE
Offerors’ proposals will be evaluated first under Factor (i) above, which represent MINIMUM
Acceptable criteria. Under this factor, services offered will be determined to be either technically
acceptable or unacceptable. Failure to meet the minimum criteria for this factor will render the offeror to
be technically unacceptable and to not be considered for award.
Only those Offers which meet the minimum requirements established by Factor (i) will be further
evaluated under Factors (ii) and (iii). In the second step of evaluating those offers determined under
Factor (i) to be technically acceptable, Factor (ii), PAST PERFORMANCE, is significantly less
important than Factor (iii), PRICE.
a. Factor (i) TECHNCAL CAPABILITY PLAN (TCP): The contractor must submit a TCP
which will be determined to be technically acceptable if the contractor's proposal confirms the
following. If any one of the three elements below is not adequately confirmed, the entire
proposal will be determined to be unacceptable and will not be considered for award.
(1) The TCP confirms that the offeror can meet the turnaround times for reports, use the
correct format, be medically consistent and accurate in the reports, and meet other quality criteria
set forth in paragraph 2.1 of the SOW.
(2) The TCP describes an adequate plan to provide and maintain the required onsite clerical
support staff.
(3) The TCP provides proof that Laboratory has a College of American Pathologist (CAP)
accreditation Certificate at the time of proposal submission. Certificate shall be submitted with
the proposal.
b. Factor (ii) PAST PERFORMANCE – information submitted by the offeror will be used to
make a determination of whether the offeror has a satisfactory record of past performance.
Offerors should, therefore, provide performance history and references to demonstrate
satisfactory performance for up to three prior similar contracts performed within the past three
years.
PAST PERFORMANCE information should be provided on past performance evaluation form
provided as an attachment to this solicitation. Information utilized will be obtained from these
references as well as any other sources who may have relevant information.
Offers which lack relevant past performance history will receive a neutral rating for this factor.
Any Offeror’s proposal which has no relevant past history, while rated neutral, may not represent
N00244-10-R-0064
Page 22 of 73
the most advantageous proposal to the Government and thus, may be an unsuccessful proposal
when compared to the proposals of the other offerors.
The Contracting Officer will evaluate Offeror’s Past Performance as follows:
SATISFACTORY: Very little risk anticipated with delivery of quality product or services, on
time, or of degradation of performance, or lack of customer satisfaction based upon the offeror’s
past performance.
NEUTRAL: No relevant past performance available for evaluation. Offeror has asserted that it
has no relevant directly related or similar past performance experience. Proposal receives no
merit or demerit for this factor.
MARGINAL: Significant potential risk anticipated with delivery of quality product or services,
on time, and of degradation of performance based upon the offeror’s past performance.
c. Factor (iii) PRICE – The Government will evaluate offers for award purposes by adding the
total price for all options to the total price of the basic requirement. The Government may determine
that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).
*Failure to price the Base and each of two Options Years will make the offeror ineligible for award.
At the discretion of the Contracting Officer, the Government intends to evaluate proposals and award a
contract without discussion with offerors. Each initial offer should, therefore contain the Offeror’s best
terms from both price and technical standpoint.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)
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 (m) of
this provision.
(a) Definitions. As used in this provision --
N00244-10-R-0064
Page 23 of 73
"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical
size standard for the NAICS code designated.
"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;
N00244-10-R-0064
Page 24 of 73
(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.
N00244-10-R-0064
Page 25 of 73
(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 (n) 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:
_____________________________________________
N00244-10-R-0064
Page 26 of 73
(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted
Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the
offeror has represented itself to be a small business concern under the size standards for this solicitation.)
(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one
of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an
emerging small business.
(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories
(TICs) or designated industry groups (DIGs).) Offeror represents as follows:
(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the
solicitation is expressed in terms of number of employees); or
(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of
Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).
(Check one of the following):
Average Annual
Number of Employees Gross Revenues
___ 50 or fewer ___ $1 million or less
___ 51 - 100 ___ $1,000,001 - $2 million
___ 101 - 250 ___ $2,000,001 - $3.5 million
___ 251 - 500 ___ $3,500,001 - $5 million
___ 501 - 750 ___ $5,000,001 - $10 million
___ 751 - 1,000 ___ $10,000,001 - $17 million
___ Over 1,000 ___ Over $17 million
(9) (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.
N00244-10-R-0064
Page 27 of 73
(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: ____________.)
(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern
in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of
Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material
change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was
certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It ( ) is, ( ) is not s 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 the HUBZone small business concern or concerns that are
participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern
or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern
participating in the 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 $100,000.) 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
N00244-10-R-0064
Page 28 of 73
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
N00244-10-R-0064
Page 29 of 73
_____________ ________________
_ _
_____________ ________________
_ _
_____________ ________________
_ _
[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
_____________ ________________
_ _
_____________ ________________
N00244-10-R-0064
Page 30 of 73
_ _
_____________ ________________
_ _
[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
N00244-10-R-0064
Page 31 of 73
(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.)
N00244-10-R-0064
Page 32 of 73
( )(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.
N00244-10-R-0064
Page 33 of 73
(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;
N00244-10-R-0064
Page 34 of 73
( ) 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.
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2010)
(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.)
___ (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).
N00244-10-R-0064
Page 35 of 73
___ (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) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111-
5).
___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).
___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the
offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (7) [Reserved].
_X__ (8)(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.
___ (9)(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.
___ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).
___ (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (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.
___ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).
___ (13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
N00244-10-R-0064
Page 36 of 73
___ (14)(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.
___ (15) 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).
___ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)
(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
_X__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)
(U.S.C. 657 f).
___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.
632(a)(2)).
_X__ (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).
_X__ (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126).
_X__ (21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
_X__ (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
_X__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other
Eligible Veterans (SEP 2006) (38 U.S.C. 4212).
_X__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29
U.S.C. 793).
_X__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans (SEP 2006) (38 U.S.C. 4212).
_X__ (26) 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.)
___ (27) (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.)
N00244-10-R-0064
Page 37 of 73
___ (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.)
___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b)
___ (29)(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. .
___ (30) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).
___ (31)(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.
___ (32) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (33) 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).
___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
___ (36) 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))
___ (37) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
_X__ (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31
U.S.C. 3332).
___ (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY
1999) (31 U.S.C. 3332)
N00244-10-R-0064
Page 38 of 73
___ (40) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
___ (41) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
___ (42)(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.)
_X___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
_X___ (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.
N00244-10-R-0064
Page 39 of 73
(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 (May 2004) (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 $550,000 ($1,000,000 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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans (SEP 2006) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).
(vii) Reserved.
(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.
N00244-10-R-0064
Page 40 of 73
(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)
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or
task orders by the individuals or activities designated in the Schedule. Such orders may be issued from
10/01/2010 through 09/30/2011 .
Upon exercise of options the following ordering periods apply:
Option Year 1: 01 October 2011 through 30 September 2012.
Option Year 2: 01 October 2012 through 30 September 2013.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict
between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the
mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
(End of clause)
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of
less than 50 lines , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those
supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of 330,000 lines;
(2) Any order for a combination of items in excess of 450,000 lines; or
(3) A series of orders from the same ordering office within five days that together call for quantities exceeding the
limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
N00244-10-R-0064
Page 41 of 73
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum
order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five days
after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the
reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-21 Requirements. (OCT 1995) -- ALTERNATE I (APR 1984)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the
Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased
by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in
orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the
basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering
clause. Subject to any limitations in the Delivery-Order Limitations clause or elsewhere in this contract, the
Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders
issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple
destinations or performance at multiple locations.
(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but
are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities.
Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's
requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself
furnish within its own capabilities.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total
orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may
be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery,
the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be
completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed
during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries
under this contract after 60 calendar days following the contract's expiration.
(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 prior
to the contract expiration..
N00244-10-R-0064
Page 42 of 73
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration
of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend
before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42
months.
(End of clause)
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is (insert
NAICS code).
(2) The small business size standard is (insert size standard).
(3) The small business size standard for a concern which submits an offer in its own name, other than on a
construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500
employees.
(b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(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.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.
(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of
this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned
small business concern.
(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(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
change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was
certified by the Small Business Administration in accordance with 13 CFR part 126; and
N00244-10-R-0064
Page 43 of 73
(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation
in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are
participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern
or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(c) Definitions. As used in this provision--
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 the size standard in paragraph (a) of this provision.
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 small business concern," means a small business concern --
(1) That is at least 51 percent owned by one or more women; in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the
clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be
furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small
disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the
preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other
provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
N00244-10-R-0064
Page 44 of 73
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
(End of provision)
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29
CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and
states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the
provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class Monetary Wage-Fringe Benefits
Title SCA Code Minimum Hourly Wage
Word Processor II 01612 $15.57
General Clerk 01111 $13.31
(End of clause)
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent
upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability
on the part of the Government for any payment may arise until funds are made available to the Contracting Officer
for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the
Contracting Officer.
(End of clause)
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond 9/30/2011 . The Government's
obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds
from which payment for contract purposes can be made. No legal liability on the part of the Government for any
payment may arise for performance under this contract beyond 9/30/2011, until funds are made available to the
Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in
writing by the Contracting Officer.
(End of clause)
N00244-10-R-0064
Page 45 of 73
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its
quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a
solicitation provision may be accessed electronically at this/these address(es):
FAR Clauses: http://acquisition.gov/comp/far/index.html
DFAR Clauses: http://www.acq.osd.mil/dpap/dars/dfars/index.htm
(End of provision
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in
full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this/these address(es):
FAR Clauses: http://acquisition.gov/comp/far/index.html
DFAR Clauses: http://www.acq.osd.mil/dpap/dars/dfars/index.htm
(End of clause)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an
authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DFAR (48 CFR Chapter 2) provision with an authorized deviation is
indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an
authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DFAR (48 CFR Chapter 2) clause with an authorized deviation
is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
N00244-10-R-0064
Page 46 of 73
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
N00244-10-R-0064
Page 47 of 73
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.
N00244-10-R-0064
Page 48 of 73
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 Contracting Officer Notes
WAWF Invoice Type 2-in -1 -- Select 2-in-1 for FFP Services Only.
-- Select Combo for Supplies, or Supplies AND FFP
Services.
-- Select Cost Voucher for all Cost Type Contracts.
If none of the above applies, please call 1-800-559-
WAWF (9293).
Contract Number TBD -(Enter Contract Number)
Delivery Order Number N/A -(Enter DO Number)
Issuing Office DODAAC N00244 -(Enter DODAAC of the activity issuing the contract.)
Admin Office DODAAC N00259 -(Enter Contract Admin Office DODAAC)
Inspector DODAAC (usually only N/A -(Enter Inspector DODAAC (plus extension if
used when Inspector & Acceptor applicable, or leave blank)
are different people)
N00244-10-R-0064
Page 49 of 73
Ship To DoDAAC (for Combo), N00259 -(Enter DODAAC (plus extension if applicable)
Service Acceptor DODAAC (for
2 in 1),Service Approver
DODAAC (Cost Voucher)
Acceptance At Other N/A -(Enter Other Acceptance Address if different from
above (plus extension if applicable))
Local Processing Office N00259 -(Enter LPO DODAAC (Local Admin) (plus extension
(Certifier) if applicable) or leave blank
DCAA Office DODAAC (Used N/A -(Enter DCAA Office DODAAC when Applicable)
on Cost Voucher’s only) - Check on DCAA website: www.dcaa.mil/
Paying Office DODAAC HQ0248 -(Enter Paying Office DODAAC Located on Contract)
Acceptor/COR Email Address -(Enter the Acceptor Email address for this Contract if
applicable)
(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
N00244L331 REVIEW OF AGENCY PROTESTS (MAR 2000) (FISC SAN DIEGO)
The contracting activity, Fleet and Industrial Supply Center San Diego (FISCSD) will process agency protests in
accordance with the requirements set forth in FAR 33.103(d).
Pursuant to FAR 33.103(d)(4), agency protests may be filed directly with the appropriate reviewing authority; or, a
protester may appeal a decision rendered by a contracting officer to the reviewing authority.
The reviewing authority for FISCSD is the Director, Regional Contracts Department, Fleet and Industrial Supply
Center San Diego at 937 North Harbor Drive, San Diego, CA 92132-0060. Agency procurement protests should
clearly identify the initial adjudicating official, i.e., the "contracting officer" or "reviewing official".
Offerors should note this review of the Contracting Officer's decision will not extend GAO's timeliness requirements.
Therefore, any subsequent protest to GAO must be filed within 10 days of knowledge of initial adverse agency
action.
N00244-10-R-0064
Page 50 of 73
N00244L332 UNIT PRICES (OCT 2001) (FISC SAN DIEGO)
Contractor unit prices, when incorporated into a Government contract, will be released under the Freedom of
Information Act (FOIA) without further notice to the contractor submitter. If the Contractor takes issue with the
release, it should submit its proposal data with the appropriate legends and explain in detail why such data cannot be
released as a public record under the Freedom of Information Act.
WAGE DETERMINATION
WD 05-2057 (Rev.-11) was first posted on www.wdol.gov on 06/22/2010
************************************************************************************
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
|
|
|
| Wage Determination No.: 2005-2057
Shirley F. Ebbesen Division of | Revision No.: 11
Director Wage Determinations| Date Of Revision: 06/15/2010
_______________________________________|____________________________________________
State: California
Area: California Counties of Imperial, San Diego
____________________________________________________________________________________
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations
N00244-10-R-0064
Page 51 of 73
01011 - Accounting Clerk I 15.61
01012 - Accounting Clerk II 17.52
01013 - Accounting Clerk III 19.61
01020 - Administrative Assistant 25.04
01040 - Court Reporter 19.16
01051 - Data Entry Operator I 15.00
01052 - Data Entry Operator II 16.37
01060 - Dispatcher, Motor Vehicle 19.16
01070 - Document Preparation Clerk 14.63
01090 - Duplicating Machine Operator 14.63
01111 - General Clerk I 13.54
01112 - General Clerk II 15.34
01113 - General Clerk III 17.22
01120 - Housing Referral Assistant 20.30
01141 - Messenger Courier 12.23
01191 - Order Clerk I 14.73
01192 - Order Clerk II 16.08
01261 - Personnel Assistant (Employment) I 18.29
01262 - Personnel Assistant (Employment) II 20.67
01263 - Personnel Assistant (Employment) III 23.10
01270 - Production Control Clerk 22.89
01280 - Receptionist 13.16
01290 - Rental Clerk 16.09
01300 - Scheduler, Maintenance 17.28
01311 - Secretary I 17.28
N00244-10-R-0064
Page 52 of 73
01312 - Secretary II 18.08
01313 - Secretary III 20.30
01320 - Service Order Dispatcher 17.60
01410 - Supply Technician 24.51
01420 - Survey Worker 19.16
01531 - Travel Clerk I 13.51
01532 - Travel Clerk II 14.76
01533 - Travel Clerk III 16.21
01611 - Word Processor I 16.07
01612 - Word Processor II 18.04
01613 - Word Processor III 20.18
05000 - Automotive Service Occupations
05005 - Automobile Body Repairer, Fiberglass 22.21
05010 - Automotive Electrician 22.37
05040 - Automotive Glass Installer 21.55
05070 - Automotive Worker 21.55
05110 - Mobile Equipment Servicer 19.83
05130 - Motor Equipment Metal Mechanic 23.16
05160 - Motor Equipment Metal Worker 21.55
05190 - Motor Vehicle Mechanic 22.75
05220 - Motor Vehicle Mechanic Helper 18.60
05250 - Motor Vehicle Upholstery Worker 20.75
05280 - Motor Vehicle Wrecker 21.55
05310 - Painter, Automotive 22.79
05340 - Radiator Repair Specialist 21.55
N00244-10-R-0064
Page 53 of 73
05370 - Tire Repairer 15.52
05400 - Transmission Repair Specialist 23.16
07000 - Food Preparation And Service Occupations
07010 - Baker 12.40
07041 - Cook I 12.84
07042 - Cook II 13.58
07070 - Dishwasher 9.46
07130 - Food Service Worker 10.31
07210 - Meat Cutter 15.71
07260 - Waiter/Waitress 9.71
09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter 19.94
09040 - Furniture Handler 14.32
09080 - Furniture Refinisher 19.94
09090 - Furniture Refinisher Helper 16.57
09110 - Furniture Repairer, Minor 18.49
09130 - Upholsterer 19.94
11000 - General Services And Support Occupations
11030 - Cleaner, Vehicles 12.96
11060 - Elevator Operator 12.96
11090 - Gardener 17.18
11122 - Housekeeping Aide 12.96
11150 - Janitor 12.96
11210 - Laborer, Grounds Maintenance 13.92
11240 - Maid or Houseman 9.85
N00244-10-R-0064
Page 54 of 73
11260 - Pruner 13.45
11270 - Tractor Operator 14.90
11330 - Trail Maintenance Worker 13.92
11360 - Window Cleaner 14.20
12000 - Health Occupations
12010 - Ambulance Driver 18.34
12011 - Breath Alcohol Technician 20.17
12012 - Certified Occupational Therapist Assistant 25.81
12015 - Certified Physical Therapist Assistant 27.54
12020 - Dental Assistant 17.68
12025 - Dental Hygienist 40.91
12030 - EKG Technician 26.42
12035 - Electroneurodiagnostic Technologist 26.42
12040 - Emergency Medical Technician 18.34
12071 - Licensed Practical Nurse I 19.25
12072 - Licensed Practical Nurse II 21.53
12073 - Licensed Practical Nurse III 24.01
12100 - Medical Assistant 14.37
12130 - Medical Laboratory Technician 20.67
12160 - Medical Record Clerk 15.16
12190 - Medical Record Technician 16.54
12195 - Medical Transcriptionist 19.21
12210 - Nuclear Medicine Technologist 36.75
12221 - Nursing Assistant I 10.38
12222 - Nursing Assistant II 11.67
N00244-10-R-0064
Page 55 of 73
12223 - Nursing Assistant III 12.74
12224 - Nursing Assistant IV 14.30
12235 - Optical Dispenser 21.24
12236 - Optical Technician 16.53
12250 - Pharmacy Technician 17.36
12280 - Phlebotomist 14.34
12305 - Radiologic Technologist 30.68
12311 - Registered Nurse I 29.75
12312 - Registered Nurse II 35.92
12313 - Registered Nurse II, Specialist 35.92
12314 - Registered Nurse III 42.67
12315 - Registered Nurse III, Anesthetist 42.67
12316 - Registered Nurse IV 51.14
12317 - Scheduler (Drug and Alcohol Testing) 24.55
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I 20.91
13012 - Exhibits Specialist II 25.91
13013 - Exhibits Specialist III 31.68
13041 - Illustrator I 21.12
13042 - Illustrator II 26.16
13043 - Illustrator III 32.00
13047 - Librarian 28.91
13050 - Library Aide/Clerk 13.29
13054 - Library Information Technology Systems 26.11
Administrator
N00244-10-R-0064
Page 56 of 73
13058 - Library Technician 17.77
13061 - Media Specialist I 18.84
13062 - Media Specialist II 21.07
13063 - Media Specialist III 23.50
13071 - Photographer I 16.33
13072 - Photographer II 18.44
13073 - Photographer III 22.63
13074 - Photographer IV 27.68
13075 - Photographer V 33.49
13110 - Video Teleconference Technician 17.71
14000 - Information Technology Occupations
14041 - Computer Operator I 17.02
14042 - Computer Operator II 19.04
14043 - Computer Operator III 21.22
14044 - Computer Operator IV 23.58
14045 - Computer Operator V 26.11
14071 - Computer Programmer I (see 1) 27.62
14072 - Computer Programmer II (see 1)
14073 - Computer Programmer III (see 1)
14074 - Computer Programmer IV (see 1)
14101 - Computer Systems Analyst I (see 1)
14102 - Computer Systems Analyst II (see 1)
14103 - Computer Systems Analyst III (see 1)
14150 - Peripheral Equipment Operator 17.02
14160 - Personal Computer Support Technician 23.58
N00244-10-R-0064
Page 57 of 73
15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 30.51
15020 - Aircrew Training Devices Instructor (Rated) 36.91
15030 - Air Crew Training Devices Instructor (Pilot) 44.25
15050 - Computer Based Training Specialist / Instructor 30.51
15060 - Educational Technologist 30.67
15070 - Flight Instructor (Pilot) 44.25
15080 - Graphic Artist 23.93
15090 - Technical Instructor 26.13
15095 - Technical Instructor/Course Developer 31.96
15110 - Test Proctor 21.83
15120 - Tutor 21.83
16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations
16010 - Assembler 9.79
16030 - Counter Attendant 9.79
16040 - Dry Cleaner 12.02
16070 - Finisher, Flatwork, Machine 9.79
16090 - Presser, Hand 9.79
16110 - Presser, Machine, Drycleaning 9.79
16130 - Presser, Machine, Shirts 9.79
16160 - Presser, Machine, Wearing Apparel, Laundry 9.79
16190 - Sewing Machine Operator 12.81
16220 - Tailor 13.55
16250 - Washer, Machine 10.49
19000 - Machine Tool Operation And Repair Occupations
N00244-10-R-0064
Page 58 of 73
19010 - Machine-Tool Operator (Tool Room) 19.94
19040 - Tool And Die Maker 23.80
21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator 18.88
21030 - Material Coordinator 22.89
21040 - Material Expediter 22.89
21050 - Material Handling Laborer 13.07
21071 - Order Filler 15.33
21080 - Production Line Worker (Food Processing) 18.88
21110 - Shipping Packer 14.04
21130 - Shipping/Receiving Clerk 14.04
21140 - Store Worker I 12.48
21150 - Stock Clerk 16.40
21210 - Tools And Parts Attendant 18.88
21410 - Warehouse Specialist 18.88
23000 - Mechanics And Maintenance And Repair Occupations
23010 - Aerospace Structural Welder 26.52
23021 - Aircraft Mechanic I 25.55
23022 - Aircraft Mechanic II 26.52
23023 - Aircraft Mechanic III 27.54
23040 - Aircraft Mechanic Helper 18.88
23050 - Aircraft, Painter 22.46
23060 - Aircraft Servicer 21.08
23080 - Aircraft Worker 21.88
23110 - Appliance Mechanic 20.66
N00244-10-R-0064
Page 59 of 73
23120 - Bicycle Repairer 15.52
23125 - Cable Splicer 26.10
23130 - Carpenter, Maintenance 22.28
23140 - Carpet Layer 18.15
23160 - Electrician, Maintenance 23.07
23181 - Electronics Technician Maintenance I 22.59
23182 - Electronics Technician Maintenance II 23.97
23183 - Electronics Technician Maintenance III 27.60
23260 - Fabric Worker 20.80
23290 - Fire Alarm System Mechanic 23.50
23310 - Fire Extinguisher Repairer 19.48
23311 - Fuel Distribution System Mechanic 27.67
23312 - Fuel Distribution System Operator 21.35
23370 - General Maintenance Worker 19.20
23380 - Ground Support Equipment Mechanic 25.55
23381 - Ground Support Equipment Servicer 21.08
23382 - Ground Support Equipment Worker 21.88
23391 - Gunsmith I 19.48
23392 - Gunsmith II 22.16
23393 - Gunsmith III 24.85
23410 - Heating, Ventilation And Air-Conditioning 23.57
Mechanic
23411 - Heating, Ventilation And Air Contditioning 24.46
Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic 28.70
N00244-10-R-0064
Page 60 of 73
23440 - Heavy Equipment Operator 28.86
23460 - Instrument Mechanic 24.17
23465 - Laboratory/Shelter Mechanic 23.51
23470 - Laborer 12.27
23510 - Locksmith 20.96
23530 - Machinery Maintenance Mechanic 24.66
23550 - Machinist, Maintenance 20.86
23580 - Maintenance Trades Helper 16.57
23591 - Metrology Technician I 24.17
23592 - Metrology Technician II 25.25
23593 - Metrology Technician III 30.26
23640 - Millwright 29.26
23710 - Office Appliance Repairer 21.74
23760 - Painter, Maintenance 21.93
23790 - Pipefitter, Maintenance 24.76
23810 - Plumber, Maintenance 23.93
23820 - Pneudraulic Systems Mechanic 24.85
23850 - Rigger 23.07
23870 - Scale Mechanic 21.03
23890 - Sheet-Metal Worker, Maintenance 23.06
23910 - Small Engine Mechanic 21.12
23931 - Telecommunications Mechanic I 26.33
23932 - Telecommunications Mechanic II 27.33
23950 - Telephone Lineman 26.11
23960 - Welder, Combination, Maintenance 23.82
N00244-10-R-0064
Page 61 of 73
23965 - Well Driller 24.96
23970 - Woodcraft Worker 24.85
23980 - Woodworker 18.60
24000 - Personal Needs Occupations
24570 - Child Care Attendant 11.87
24580 - Child Care Center Clerk 19.94
24610 - Chore Aide 10.20
24620 - Family Readiness And Support Services 17.12
Coordinator
24630 - Homemaker 20.77
25000 - Plant And System Operations Occupations
25010 - Boiler Tender 27.02
25040 - Sewage Plant Operator 26.45
25070 - Stationary Engineer 27.02
25190 - Ventilation Equipment Tender 19.72
25210 - Water Treatment Plant Operator 26.45
27000 - Protective Service Occupations
27004 - Alarm Monitor 24.53
27007 - Baggage Inspector 13.86
27008 - Corrections Officer 29.73
27010 - Court Security Officer 31.17
27030 - Detection Dog Handler 23.51
27040 - Detention Officer 29.73
27070 - Firefighter 27.18
27101 - Guard I 13.86
N00244-10-R-0064
Page 62 of 73
27102 - Guard II 23.51
27131 - Police Officer I 35.16
27132 - Police Officer II 39.06
28000 - Recreation Occupations
28041 - Carnival Equipment Operator 15.20
28042 - Carnival Equipment Repairer 16.19
28043 - Carnival Equpment Worker 10.89
28210 - Gate Attendant/Gate Tender 15.62
28310 - Lifeguard 13.53
28350 - Park Attendant (Aide) 17.38
28510 - Recreation Aide/Health Facility Attendant 12.67
28515 - Recreation Specialist 21.52
28630 - Sports Official 13.84
28690 - Swimming Pool Operator 17.11
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer 28.99
29020 - Hatch Tender 28.99
29030 - Line Handler 28.99
29041 - Stevedore I 27.21
29042 - Stevedore II 30.76
30000 - Technical Occupations
30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 38.91
30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 26.84
30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 29.55
30021 - Archeological Technician I 20.59
N00244-10-R-0064
Page 63 of 73
30022 - Archeological Technician II 22.84
30023 - Archeological Technician III 28.30
30030 - Cartographic Technician 28.30
30040 - Civil Engineering Technician 25.89
30061 - Drafter/CAD Operator I 20.42
30062 - Drafter/CAD Operator II 22.84
30063 - Drafter/CAD Operator III 25.47
30064 - Drafter/CAD Operator IV 31.34
30081 - Engineering Technician I 18.88
30082 - Engineering Technician II 21.19
30083 - Engineering Technician III 23.70
30084 - Engineering Technician IV 29.36
30085 - Engineering Technician V 35.91
30086 - Engineering Technician VI 43.45
30090 - Environmental Technician 22.65
30210 - Laboratory Technician 21.62
30240 - Mathematical Technician 27.79
30361 - Paralegal/Legal Assistant I 21.72
30362 - Paralegal/Legal Assistant II 26.91
30363 - Paralegal/Legal Assistant III 32.91
30364 - Paralegal/Legal Assistant IV 39.82
30390 - Photo-Optics Technician 28.30
30461 - Technical Writer I 23.46
30462 - Technical Writer II 28.69
30463 - Technical Writer III 34.71
N00244-10-R-0064
Page 64 of 73
30491 - Unexploded Ordnance (UXO) Technician I 24.73
30492 - Unexploded Ordnance (UXO) Technician II 29.92
30493 - Unexploded Ordnance (UXO) Technician III 35.87
30494 - Unexploded (UXO) Safety Escort 24.73
30495 - Unexploded (UXO) Sweep Personnel 24.73
30620 - Weather Observer, Combined Upper Air Or (see 2) 25.47
Surface Programs
30621 - Weather Observer, Senior (see 2) 28.30
31000 - Transportation/Mobile Equipment Operation Occupations
31020 - Bus Aide 14.37
31030 - Bus Driver 17.56
31043 - Driver Courier 13.59
31260 - Parking and Lot Attendant 10.07
31290 - Shuttle Bus Driver 14.66
31310 - Taxi Driver 12.33
31361 - Truckdriver, Light 14.66
31362 - Truckdriver, Medium 18.11
31363 - Truckdriver, Heavy 20.85
31364 - Truckdriver, Tractor-Trailer 20.85
99000 - Miscellaneous Occupations
99030 - Cashier 12.02
99050 - Desk Clerk 10.60
99095 - Embalmer 21.58
99251 - Laboratory Animal Caretaker I 13.87
99252 - Laboratory Animal Caretaker II 14.55
N00244-10-R-0064
Page 65 of 73
99310 - Mortician 23.74
99410 - Pest Controller 14.26
99510 - Photofinishing Worker 16.54
99710 - Recycling Laborer 19.84
99711 - Recycling Specialist 24.10
99730 - Refuse Collector 18.98
99810 - Sales Clerk 13.18
99820 - School Crossing Guard 11.77
99830 - Survey Party Chief 28.85
99831 - Surveying Aide 18.84
99832 - Surveying Technician 26.23
99840 - Vending Machine Attendant 14.19
99841 - Vending Machine Repairer 16.89
99842 - Vending Machine Repairer Helper 14.09
____________________________________________________________________________________
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $3.50 per hour or $140.00 per week or $606.67 per month
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or
N00244-10-R-0064
Page 66 of 73
successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service
includes the whole span of continuous service with the present contractor or
successor, wherever employed, and with the predecessor contractors in the
performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther
King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor
Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A
contractor may substitute for any of the named holidays another day off with pay in
accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does
not apply to any employee who individually qualifies as a bona fide executive,
administrative, or professional employee as defined in 29 C.F.R. Part 541. Because
most Computer System Analysts and Computer Programmers who are compensated at a rate
not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per
week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.
400) wage rates may not be listed on this wage determination for all occupations
within those job families. In addition, because this wage determination may not
list a wage rate for some or all occupations within those job families if the survey
data indicates that the prevailing wage rate for the occupation equals or exceeds
N00244-10-R-0064
Page 67 of 73
$27.63 per hour conformances may be necessary for certain nonexempt employees. For
example, if an individual employee is nonexempt but nevertheless performs duties
within the scope of one of the Computer Systems Analyst or Computer Programmer
occupations for which this wage determination does not specify an SCA wage rate,
then the wage rate for that employee must be conformed in accordance with the
conformance procedures described in the conformance note included on this wage
determination.
Additionally, because job titles vary widely and change quickly in the computer
industry, job titles are not determinative of the application of the computer
professional exemption. Therefore, the exemption applies only to computer employees
who satisfy the compensation requirements and whose primary duty consists of:
(1) The application of systems analysis techniques and procedures, including
consulting with users, to determine hardware, software or system functional
specifications;
(2) The design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including prototypes, based on and
related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer
programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which
requires the same level of skills. (29 C.F.R. 541.400).
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you
work at night as part of a regular tour of duty, you will earn a night differential
N00244-10-R-0064
Page 68 of 73
and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday
premium of 25% of your basic rate for each hour of Sunday work which is not overtime
(i.e. occasional work on Sunday outside the normal tour of duty is considered
overtime work).
HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees
employed in a position that represents a high degree of hazard when working with or
in close proximity to ordinance, explosives, and incendiary materials. This
includes work such as screening, blending, dying, mixing, and pressing of sensitive
ordance, explosives, and pyrotechnic compositions such as lead azide, black powder
and photoflash powder. All dry-house activities involving propellants or explosives.
Demilitarization, modification, renovation, demolition, and maintenance operations
on sensitive ordnance, explosives and incendiary materials. All operations
involving regrading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with, or in close proximity to
ordance, (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands, face, or arms of the
employee engaged in the operation, irritation of the skin, minor burns and the
like; minimal damage to immediate or adjacent work area or equipment being used.
All operations involving, unloading, storage, and hauling of ordance, explosive, and
N00244-10-R-0064
Page 69 of 73
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or
local law, etc.), the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms. In addition, where uniform cleaning and maintenance is made
the responsibility of the employee, all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of contrary
affirmative proof as to the actual cost), reimburse all employees for such cleaning
and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in
those instances where the uniforms furnished are made of "wash and wear"
materials, may be routinely washed and dried with other personal garments, and do
not require any special treatment such as dry cleaning, daily washing, or commercial
N00244-10-R-0064
Page 70 of 73
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract, by the contractor, by law, or by the nature of the work,
there is no requirement that employees be reimbursed for uniform maintenance costs.
The duties of employees under job titles listed are those described in the
"Service Contract Act Directory of Occupations", Fifth Edition, April 2006,
unless otherwise indicated. Copies of the Directory are available on the Internet. A
links to the Directory may be found on the WHD home page at http://www.dol.
gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at
http://wdol.gov/.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form
1444 (SF 1444)}
Conformance Process:
The contracting officer shall require that any class of service employee which is
not listed herein and which is to be employed under the contract (i.e., the work to
be performed is not performed by any classification listed in the wage
determination), be classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination. Such
conformed classes of employees shall be paid the monetary wages and furnished the
fringe benefits as are determined. Such conforming process shall be initiated by
the contractor prior to the performance of contract work by such unlisted class(es)
N00244-10-R-0064
Page 71 of 73
of employees. The conformed classification, wage rate, and/or fringe benefits shall
be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)}
When multiple wage determinations are included in a contract, a separate SF 1444
should be prepared for each wage determination to which a class(es) is to be
conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order
proposed classification title(s), a Federal grade equivalency (FGE) for each
proposed classification(s), job description(s), and rationale for proposed wage
rate(s), including information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there is no authorized
representative, the employees themselves. This report should be submitted to the
contracting officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action, together with the agency's recommendations and pertinent
information including the position of the contractor and the employees, to the Wage
and Hour Division, Employment Standards Administration, U.S. Department of Labor,
for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).
N00244-10-R-0064
Page 72 of 73
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or
disapproves the action via transmittal to the agency contracting officer, or
notifies the contracting officer that additional time will be required to process
the request.
5) The contracting officer transmits the Wage and Hour decision to the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF 1444 or bond paper.
When preparing a conformance request, the "Service Contract Act Directory of
Occupations" (the Directory) should be used to compare job definitions to insure
that duties requested are not performed by a classification already listed in the
wage determination. Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide
classifications listed in the wage determination.
CONTRACT ADMINISTRATION
ADMINISTRATIVE NOTES:
CONTRACTING OFFICE POINT OF CONTACT:
Fleet & Industrial Supply Center
Claudia A. Aguzar, Contract Specialist
N00244-10-R-0064
Page 73 of 73
937 N. Harbor Drive, Code 230
San Diego, CA 92132-0060
Tel: (619) 532-3171
Fax: (619) 532-4957
Email: claudia.aguzar@navy.mil
REQUESTING ACTIVITY POINT OF CONTACT
Name: To be provided upon contract award.
Phone:
Email:
CONTRACTOR POINT OF CONTACT
Name: To be provided upon contract award.
Phone:
Email:
ATTACHMENT
Attachment 1 --- Past Performance Sheet.
