MOD | 30 | Full Solicitation Transmission Dynamometer X-1100 + listed - Solicitation 2

FBO DAILY ISSUE OF NOVEMBER 07, 2009 FBO #2905
MODIFICATION

30 -- Full Solicitation Transmission Dynamometer X-1100 + listed - Solicitation 2

Notice Date: 11/5/2009
Notice Type: Modification/Amendment
NAICS: 334515 — Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals
Contracting Office: Department of the Army, National Guard Bureau, USPFO for Kansas, 2737 South Kansas Avenue, Topeka, Kansas, 66611-1170, United States
ZIP Code: 66611-1170
Solicitation Number: W912JC-09-R-5725
Archive Date: 1/6/2010
Point of Contact: Robert M. Parvin, Phone: 785-274-1944
E-Mail Address: robert.parvin@us.army.mil
(robert.parvin@us.army.mil)
Small Business Set-Aside: N/A
Description: Thursday 29 October 2009 10am Pre-Proposal Conference Attendees Section A has been designated for Contract Line Item numbers and have been left out intentionally. Oral Presentations for clarifications of submitted proposals for all presentations that are deemed to be in the competitive range will be held in Topeka, KS at the KSARNG USPF&O on 21 January 2010.” Section B - Completed Pricing Schedule (Include Lump Sum for Complete Dyno Test Cell) Itemize the following: a. Dynamometer b. Installation of Control Room c. Installation of Dynamometer to include all power and untility connections d. removal of old dynamometer and control room **While the itemization of the old dynamometer is requested, the Government reserves the right to remove the dynamometer at Government effort and cost. Therefore all offerors should include any betterments (if any) as an alternative to the cost of the removal of the dynamometer. No trade in value is allowed for the pre-existing dynamometer test cell but will be disposed of through Government supply channels.** e. one year extended maintenance to include on-site warranty for travel, labor, and parts Section C - Descriptions and Specifications C.1. SCOPE a. The Contractor shall design, provide and install a new Turn Key test cell system (Dyno) capable of performance testing an X1100 -3B Transmission in accordance with the NMWR 9-2520-276-Volume 1 thru 3. The current Cross-Drive Transmission Dyno in BLDG #1460 shall be removed and the new test cell shall be installed in its place. The term Dyno throughout this RFP refers to the entire Turn Key Dyno Test Cell. b. The transmission Dyno shall also have the capability to test the M900 Series Wheeled vehicles (MT654), LMTV/FMTV (MD3070PT), M88A1/2 (XT-14104/5A), M109A6 (XTG-411-4A), M601AVLB (CD 850-6A/A1), The transmission Dyno shall have the capability to perform a No-Load function test on the Bradley & MLRS XMPT-500, HMPT-500-3 and the HMPT-500-ECB series transmissions, as outlined in TM 9-2520-281-34. Any additional tests identified in NMWR/DMWR 9-2520-281 that can be completed utilizing the load banks for the X1100-3B transmission will be indentified by contractor. The additional listed transmissions for the following vehicle types must be able to be tested with the newly manufactured Transmission test cell Dyno or have the capability to do so with the future purchase of adapter kits: HEMMTT (HT740D), PLS (4500SP), M1080 HET (CLT754), HMMWV (3L80/4L8OE), M915A1/A3/A4/A4R2 (HD4560P/4500SP), M35A3, 20Ton dump Truck (HT750), M917A2 (HD4070P), M113A3 (X200), M113 (TX100). The contractor is responsible to ensure that all required code compliant mechanical and electrical hook-ups are provided and properly placed in the facility to accommodate the new Dyno installation. When the term X1100 Transmission is used throughout this solicitation it is an all inclusive term fir the additional listed transmissions listed above included here in paragraph C.1 (B). c. The project design shall not exceed the program amount of $1,570,000.00. The Offeror must be capable of demonstrating successful experience and past performance in the design and installation of similar Dyno projects for the aforementioned Dyno test cell to include the design installation and setup of the Dyno Control room. d. The contractor is encouraged to offer betterments to the Dyno package in lieu of a price reduction for this project. An example of Betterment is an extended warranty beyond the one year at no additional cost, or increased test capability in terms of signal capability, types of transmissions that could be tested and etc. The Government will evaluate the betterments value to the Transmission Dyno process based on the subjective judgment of the Government evaluation board. Therefore, it is imperative that offerors clearly explain the betterment and the value this betterment adds to the test cells functionality and overall testing process. e. The awarded offeror will be provided transmissions for testing at their facility of the test cell system to ensure full compatibility of the system prior to installation at the MATES facility if requested by the awarded offeror. f. C.2. PROGRAM MANAGEMENT The Contractor shall provide a Project Manager that will serve as the single point of contact between the Contractor and Government personnel. The Contractor’s Project Manager shall develop a project schedule, track progress and action item status. The Contractor Project Manager shall conduct a Preliminary Design Review at the Kansas Army National Guard facility, and a detailed Critical Design Review at the Kansas Army National Guard facility. C.3. TECHNICAL DATA A detailed technical data package shall include operation and maintenance procedures, schematics, construction drawings, calibration procedures; commercial literature, parts listings and recommended spare parts list for all contractor-supplied equipment. Anything the contractor establishes, as proprietary must be identified in their proposal. The package shall include three (3) copies of technical data package materials. C.4. EQUIPMENT DESCRIPTION a.Test Cell 1. The Contractor shall design, develop, fabricate, install, test, certify equipment that allows the Government to properly test and adjust the Transmissions noted in para C: 1b in accordance with this Statement of Work (SOW). This SOW is based on the most current test procedures and technical manuals. The Dyno shall be installed and constructed within the existing area available that currently houses the old model to be removed by the awarded contractor. Installation and hookup of all utilities shall be the responsibility of the contractor to the junction box and shall be installed in accordance with all applicable building codes to support the requirements of the KS FT Riley MATES Dyno facility in BLDG 1460. 2. The contractor shall provide and include in their proposal a written narrative clearly describing the contractors plan for interfacing with the existing utilities and a preliminary schedule of the planned events from the date of award. 3. The Contractor shall provide a Dyno, control room, oil cooling system, fire protection system, and electrical systems. 4. Kansas Army National Guard will provide the Contractor full access to the site and during all on-site equipment installation, checkout and correlation tasks. 5. The Contractor shall be responsible for all necessary equipment movement and services necessary to provide a complete and usable Dyno facility. Contractor shall be responsible to properly position the Dyno container and test equipment onto the site, and make all required utility connections (electrical, mechanical, air, etc). 6. A two minute (minimum) video example of the software interface shall be included with the proposal demonstrating it's usage with a test cell system. The SSEB is looking for user friendly software with good functionality. Although not required if the offeror wishes they may submit a software demo for the SSEB to consider in lieu of the video. C.5. TEST EQUIPMENT 1. Data Acquisition and Control System (DACS) (a) The contractor shall provide, install, and test the Data Acquisition and Control System (DACS). The DACS system will provide Unit Under Test (UUT) control, facility control, and data acquisition functions, and all test capability in accordance with OEM test procedures. (b) Pressure transducer accuracies will be a minimum of +/-.5% of full scale (low range transducers,.1% full scale, psig or less may have a slightly higher tolerance). 2. UUT Performance Evaluation (a) The Contractor’s DACS shall incorporate the required parameters, corrections and UUT performance information to evaluate test data to determine pass/fail criteria, per the Acceptance Test Procedure requirements. 3. Facility Control and Monitor Functions (a) Facility control shall be provided and status information shall be provided for all appropriate facility systems, including: 4. Lube System 6. Dynamometer Supply System 7. Intercom (a) An intercom shall be provided and installed that allows communication between an operator in the control room and a technician working inside the test cell. The master unit shall be located inside the control room. The Dyno unit will be mounted on the Dyno Junction-Box. This system shall also allow an operator in the control room to monitor UUT noise as applicable during coast-down, for example. 9. Printer (a) A high-speed, color plain paper printer shall be provided. The printer shall provide the direct printed data, history logs, and PASS/FAIL results for permanent record. The printer logs shall be controlled by simple commands from the operator's keyboard. 10. Closed Circuit Television (a) The system shall include a Closed Circuit Television with three cameras. 11. Power Indexing (a.) The Dyno will have capability of rotating an in-line transmission 360 degrees with power indexing. 12. Remote Console (a.) The system will be provided with a remote console capable of operating an in-line transmission from the test cell. All transmissions must also have the capability of being operated from control room. The remote console will have the capability of interfacing with the color laser printer. 13. Edy Current Load Units (a.) Load units will be motor driven to raise and lower when connecting to transmission. C.6. Installation 1. The Contractor shall send a team to the Kansas Army National Guard, Ft. Riley MATES facility BLDG #1460 to complete the following on-site tasks: (a) Installation of the Dyno equipment (b) Checkout of equipment (c) Calibration checks of equipment (d) Shakedown UUT (e) Correlation test runs and analysis (f). Contractor shall provide: All necessary equipment (cranes etc.) necessary to properly install and set the Dyno building and equipment into place at the Ft. Riley Government facility (g) Connect facility electrical power to the Dyno facility (h) Trained Test operators to operate UUTs during shakedown and (option) Correlation (i) The Government shall furnish one of each required transmission during acceptance testing. C.7. Calibration In the proposal the contractor shall provide a list of all items requiring calibration. All Calibrated items will come with original calibration certificates/form and the manufactures recommended calibrated intervals. Calibrated Items will be current in accordance within the OEMs recommended interval prior to acceptance testing. C.8. Training The Contractor shall conduct hands-on training for Government personnel in the operation, maintenance, and calibration requirements and process for the Dyno equipment furnished and installed. Training course content and instruction shall be based on the equipment manuals and the National Maintenance Work Requirements (NMWR). All training/classes shall be conducted on-site at the Ft. Riley Government facility in the Dyno and control room (not classroom). Training shall occur in conjunction with the Dyno installation. In the proposal provide a detailed explanation of the proposed training program. Contractor will provide hard copy and electronic versions of equipment operating procedures, transmission hook up and testing procedures. C.9. Spare Parts In the proposal, the Contractor shall provide a list of recommended Spares & Repair Parts for KSARNG Dyno and Related Equipment KSARNG shall reference the list in ordering consumables and replacement parts. C.10. Warranty The Modular Dyno system and all associated equipment shall be covered by an unconditional warranty. The unconditional warranty shall be for a period of not less than one (1) year from the date of the Government’s formal acceptance of the Modular Dyno system. During the warranty period, the contractor shall be responsible for all costs, including parts, labor, travel and lodging, required to provide complete repair of any defects in material, parts or workmanship. The contractor shall have an authorized representative at the site within 48 hours of requests to identify problems and initiate warranty service. C.11. Extended Maintenance The contractor shall provide a price for an additional one-year extended maintenance that would cover on-site repair, parts and labor. The additional cost of this plan should be listed on a separate line item in the quote for evaluation unless the cost of this second year of warranty could be borne by the offeror under the initial project dollars of $1.57 million. The contractor however is expected to furnish all software upgrades for a period of one year after final acceptance at no additional cost. Section D - Deliveries or Performance D.1. Delivery is to be proposed by the contractor. The proposal shall include a stipulated contract performance period from date of award. A detailed schedule shall be provided that shows a time line and duration of critical milestones that must be completed in order to provide an operational testing system within the offeror’s proposed contract performance period. E.1. INSURANCE - MINIMUM AMOUNTS a. Reference Contract Clause titled, "Insurance -Work on a Government Installation (FAR 52.228-5. Kinds and minimum amounts are as follows: KIND AMOUNTS (FAR 28.307-2) Workmen's Compensation $100,000 (1) Comprehensive General Liability $500,000 per occurrence for bodily injury Comprehensive Automobile Liability$200,000 per person and $500,000 per accidentfor bodily injury and $20,000 for property damage (If applicable)$200,000 per person and $500,000 per occurrence Aircraft Public and Passengerfor bodily injury, other than passenger Liabilityliability, and $200,000 per occurrence for property damage, coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. b.Except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. c.NOTE: Before commencing work under this contract, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance had been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request. E.2. SUBCONTRACTING PLAN Any large business will be required to submit a Subcontracting Plan in accordance with FAR 19.701 with their proposal. The large business offeror will compile a consolidated report at least semi-annually or when directed by the Contracting Officer when data is required for reporting purposes. E.3. SCHEDULING a.(Note: At time of award this paragraph will be modified to the negotiated schedule for this project.) Normal base work hours for the Contractor will be between the hours of 7:00 AM through 4:30 PM, excluding Saturdays, Sundays, and Federal Holidays. If the Contractor desires to work during periods other than above, he must notify the Contracting Officer’s Representative (COR) three (3) working days in advance of his intention to work during other periods to allow assignment of additional inspection forces. When the COR determines that they are reasonably available, he may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the Contract amount. b.The following Federal legal Holidays are observed by this base: New Year's Day 1 January Martin Luther's King's BirthdayThird Monday of January President's DayThird Monday of February Memorial DayLast Monday of May Independence Day4 July Labor DayFirst Monday in September Columbus DaySecond Monday in October Veteran's Day11 November Thanksgiving DayFourth Thursday in November Christmas Day25 December c.NOTE: Any of the above holidays falling on a Saturday will be observed the preceding Friday, holidays falling on a Sunday will be observed on the following Monday. d.Prior to commencing work on the job initially, resumption of work after prolonged interruption (7 calendar days or more) commencement of any warranty work, and upon completion of warranty work, the contractor must notify the Contracting Officer (or his/her Contracting Officer Representative). When relocating to new sites, returning to sites for follow-up work on a phased work plan, notification to the Contracting Officer’s Representative is sufficient. Notification should be by personal contact; however, advance notification may be by telephone, or in writing, and should be accomplished sufficiently in advance to allow scheduling of inspection forces. The above precautions are to ensure construction inspection and recording of work proceedings. e.The organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among subcontractors or in establishing the extent of the work to be performed by any trade. E.4. INVOICING AND PAYMENT The National Guard is in the process of changing invoicing and payments procedures. The program known as Wide Area Workflow will be implemented soon and will be discussed in greater during the post-award process. All payments shall be made by electronic transfer of funds (EFT). b.All requests for payments must include a Subcontractor Payment Register pursuant to FAR 52.232-5 and a contractor’s certification that reads as follows: I hereby certify, to the best of my knowledge and belief that – The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract; All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and requirements of Chapter 39 of Title 31, United States Code; This request for progress payments does not include any amounts, which the prime contractor intends to withhold or retain from subcontractor or supplier in accordance with the terms and conditions of the subcontract; and This certification is not to be construed as final acceptance of a subcontractor’s performance. c.The Government shall make payment upon satisfactory completion of work AND receipt of a proper certification for payment. Payment may be withheld unless all contractual requirements including but not limited to: Small Business Subcontracting Reports, have been timely received. Payrolls shall indicate CLIN that it is applicable to. d.A release of claims is required for all final payment requests and shall be submitted by the contractor with their final invoice. E.5.CONTRACT ADMINISTRATION a.The contracting office of United States Property and Fiscal Officer for Kansas (USPFO for Kansas) located at 2737 S. Kansas Ave., Topeka, KS. 66611-1170 is the office having administrative jurisdiction over this contract for all matters. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer’s Technical Representative (COTR), consultant, and point of contact at the project site will be provided at the award/pre-construction conference. b.All correspondence shall be addressed to the Contracting Officer, A COPY OF ALL CORRESPONDENCE SHALL BE FURNISHED TO THE CONTRACTING OFFICER REPRESENTATIVE. Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, project number, and shall have only one subject. For tracking purposes a sequential numbering system should be used for all correspondence. E.6.PAPERLESS CONTRACTING a.The USPFO for Kansas is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that, to the maximum extent possible, correspondence, modification distribution, etc. to include specifications and drawings will be issued using electronic methods, i.e., electronic mail (e-mail). Contractors shall have and maintain capability to receive documents in this manner. b.Additionally, it is anticipated, within the life of this contract other electronic processes will be enacted. These include, but are not limited to, electronic bidding/offers, change order proposals, and electronic invoicing. When implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government. E.7.UTILITY SERVICES The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. The contractor is responsible for installing temporary service outlets, as necessary, at its expense in accordance with the clause entitled "Availability and Use of Utility Services" (FAR Clause 52.236-14). The following utilities will be available: Electricity and Water. E.8.PROPOSED KEY PERSONNEL, MINIMUM QUALIFICATIONS OF KEY PERSONNEL, PROPOSED SUBCONTRACTORS, PROCESSES, PROCEDURES AND MATERIALS Unless specifically deleted in writing by the Contracting Officer at time of award any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials are hereby incorporated into the contract resulting from the solicitation and performance shall be limited to individuals, qualifications, firms, procedures, and materials that were specifically identified in proposals. The Contractor shall obtain the Contracting Officer's written consent before making any substitutions or changes. E.9. WORK PROGRESS AND PREPARATION OF PROGRESS SCHEDULES AND REPORTS a.A weekly meeting may be held between the Contractor, Contracting Officer’s Technical Representative (COTR) and Contracting Officer (KO), if necessary, to discuss work progress, problems and potential change orders. Contractor shall attend these meetings at no additional cost to the Government. Prior to specific work elements of a project, the Contractor shall confer with the COTR and agree on a sequence of procedures and means of access to premise and buildings; space for storage of materials and equipment; delivery of materials and use of approaches, use of corridors, stairways and similar means of passage. b.Additionally, the contractor is to provide a project plan in the most current version of Microsoft Project to define work tasks and track progress. At least five days prior to work initiation, the contractor is to provide the Contracting Officer hardcopy Gantt charts and a formatted diskette or CD copy, or e-mail file copy, of the plan (most current version of MSP), usable with Microsoft Windows, that is to include definition of rescues. Additionally, the project plan is to have a cost per task field for each task – this is commonly called line item cost. No work is to start until there is written approval from the Contracting Officer that the plan is approved. Form 3064, Contract Progress Schedule, can be delivered in hardcopy or Microsoft Excel format. E.10. NOTICE OF COMPLETION OF CONTRACT/PRE-FINAL AND FINAL INSPECTION a.The contractor will conduct a pre-final inspection in the presence of the Contracting Officer's Technical Representative (COTR) prior to the date scheduled for Final Inspection. Any discrepancies noted shall be corrected prior to Final Inspection. b.The contractor shall request scheduling of a final inspection in writing to the Contracting Officer at least five (5) working days prior to the desired date or as otherwise negotiated with the Contracting Officer. c.Government Engineering personnel and the Contracting Officer in the presence of the contractor shall perform the Final Inspection, and any discrepancies noted shall be corrected within the time specified by the Contracting Officer. d.Final Inspection shall not constitute acceptance of a project unless so stipulated by issuance of a separate substantial completion certificate. E.11.DESIGNATION OF TECHNICAL REPRESENTATIVE The Contracting Officer will appoint a qualified Contracting Officer's Technical Representative (COTR) for the purposes of technically administering the contract; however, all matters concerning this contract or any work ordered placed against this contract must first be approved by the Contracting Officer. The Civil Engineer, or his authorized representative, will be designated in writing as the technical representative of the Contracting Officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in terms of the contract. H.1. CONTRACTOR STAFF AND EMPLOYEES a.The contractor shall provide the Contracting Officer with a telephone number and FAX number at which the contractor or his representative may be contacted at any time during regular working hours and an emergency number at which the contractor may be contacted in situations requiring immediate attention. b.Supervision. The Government shall not exercise any supervision or control over the contractor employees performing services under this contract; such employees shall be accountable not to the Government, but solely to the contractor, who in turn is responsible to the Government. c.Contractor's Employees. All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may, in writing, require the contractor to remove from the job site, any employee the Contracting Officer deems incompetent, careless or otherwise objectionable. H.2.CONTRACTOR OFFICE AND STORAGE a.Parking of contractor vehicles shall be restricted to the contractor's designed on-site area or the work area. The company name shall be prominently displayed on all vehicles parked on the job site. b.Security of material storage areas on the job site shall be the responsibility of the contractor. The area shall be kept neat and orderly and free of debris. H.3. VERIFICATION OF DIMENSIONS The contractor shall be responsible for the coordination and proper relation of the work. He/she shall field verify all dimensions and advise the Contracting Officer of any discrepancies prior to proceeding with each phase of the work. Where exact locations are not given the positioning of equipment and devices, they shall be positioned to permit easy access for maintenance and for removal and replacement of component parts. H.4. SECURITY REQUIREMENTS a.The contractor shall comply with all security regulations imposed by the base/post commander and/or agency occupying the space where work is to be performed. Any necessary security clearances shall be obtained prior to commencement of work. b.The contractor shall ensure that all parts of the facility where work is being performed are adequately protected against vandalism and theft. H.5.REGULATIONS a.The contractor shall comply with all applicable Federal, State, Local, DOD, National Guard Bureau, Army and Air Force regulations pertaining to safety, traffic control and fire prevention. b.The contractor may use the Civil Engineering library which contains most applicable Army and Air Force publications as well as some commercial project data information or DOD Acquisition Reform Home Page which links for several other sites with available publications, forms and project data information, http://www.acq.osd.mil/dpap/. These may also be acquired from the Government Printing Office website,http://www.gpoaccess.gov/index.html H.6.TRANSPORTATION, HANDLING AND STORAGE a.The contractor shall coordinate with suppliers and shippers to ensure incoming materials are properly identified with the contractor’s name, contract number and project title. The contractor shall designate an authorized individual to be available to receive shipment. The Government will not provide storage other than that available at the project site. b.Storage of supplies, materials and equipment on the project site shall be accomplished in such a manner so as to prevent mechanical and climatic damage and loss due to vandalism or theft. Equipment temporarily removed in the performance of work and stored on the job site shall be stored and protected in accordance with previous paragraphs, and shall be replaced in a condition compatible with its original state. Security for equipment and material removed from the job site for temporary storage until reuse shall be the responsibility of the contractor. H.7. CLEANUP AND DISPOSAL OF DEBRIS AND FILL MATERIALS At the end of each workday, the contractor shall clean up the work and storage areas and stack all materials in a manner approved by the designated technical representative for this project. Upon completion of a project, the contractor shall ensure that all dirt, trash, and debris resulting from the work area. Unless directed otherwise in the contract or by the Contracting Officer, disposal or debris shall be made at the contractor’s expense and shall be delivered to a state approved disposal site located off base. H.8. ENVIRONMENTAL IMPACT All waste materials generated by any work under the contract performed on aGovernment installation shall be handled, transported, stored, and disposed of by the contractor and by his subcontractors at any time in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 1857 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability. H.9. HAZARDOUS MATERIALS Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. H.10.POLLUTION ABATEMENT a.All work shall be performed in a manner minimizing pollution of air, water and land as required. b.Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne. Earth materials shall be wetted or otherwise protected. Gravel, sand and concrete shall be contained within vehicles to prevent spillage. Tarpaulins must be fastened over load before entering surrounding streets. Removal of any materials dropped or blown off vehicles shall be the responsibility of the contractor. c.Burning of any material is strictly prohibited. d.Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils, bitumen, acids or other harmful materials. Grading shall be accomplished to prevent surface drainage from the construction site containing harmful amounts of sediment from draining onto adjacent areas. e.Flushing on concrete trucks is restricted to the location specifically designed for this purpose by the Contracting Officer’s Representative. f.Excess mortar, plaster or drywall materials shall not be disposed of on Government property. Water utilized for plastering or drywall equipment shall be disposed of in accordance with the instructions of the COR, and under no circumstances shall water be disposed of in areas which are planted or scheduled to be planted. H.11.COORDINATION WITH GOVERNMENT ACTIVITIES a.If it becomes necessary to interrupt work activities in buildings and/or areas for construction purposes, permission to do so must be requested in writing to the Contracting Officer 15 working days prior to commencing work on the planned interruption and shall be subject to the COR’s approval. Written requests for street closing will be submitted for approval to the COR 5 working days prior to closing the street. b.Work in connection with this contract which requires utility outages, electrical, water, gas, steam, etc., which will close down or limit (as determined by the Contracting Officer) normal activities in the building, construction area or other affected areas, shall be performed by the contractor at a time other than regular work period of the organization occupying the facility. Work required by the contractor on non-standard basis or at premium pay shall be done at no additional cost to the Government. Request for utility outages will be submitted to the COR, in writing, 7 working days prior to commencing work and shall be subject to his/her approval. c.Any temporary construction for facilities used by the contractor for preventing interruption of normal work activity or loss of utility services shall be subject to Contracting Officer’s approval. H.12. UNAUTHORIZED PERSONNEL The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area excluding, direct haul and access routes, contracting and COR offices and point of supply and storage is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined. H.13. PERFORMANCE EVALUATION OF CONTRACTOR As a minimum, the contractor’s performance will be evaluated upon final inspection. Any specific requirements for contract quality control and quality assurance by the Government personnel will be defined in the specifications. The contractor will be rated at outstanding, satisfactory or unsatisfactory in the areas of contract quality control, timely performance, and effectiveness of management, compliance with labor standards, and compliance with safety standards. The contractor will be notified of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all contractor comments will be made a part of the official record. Performance evaluation reports will be available to all DOD Contracting Officers for their future use. H.14.WORK BY THE GOVERNMENT The Government reserves the right to undertake performance by Government forces, for the same type or similar work as contracted herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract. H.15.PRE-PERFORMANCE CONFERENCE Before work commences on this contract, a conference will be conducted by the Contracting Officer to acquaint the contractor with Government policies and procedures that are to be observed during the execution of the work and to develop mutual understanding relative to the administration of the contract. Contractors and/or major subcontractors shall attend this meeting at no additional cost to the Government. H.16.AMBIGUITY/CONTRACT INTERPRETATION a.This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties’ complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. b.It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. CLAUSES CLAUSES INCORPORATED BY REFERENCE 52.202-1 DEFINITIONS (JUL 2004) (IAW FAR 2.201) 52.203-3 GRATUITIES (APR 1984) (IAW FAR 3.202) 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) (IAW FAR 3.404) 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) (IAW FAR 3.503-2) 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995) (IAW FAR 3.502-3) 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) (IAW FAR 3.104-9(a)) 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) (IAW FAR 3.104-9(b)) 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) (IAW FAR 3.808(b)) 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2004) (IAW DFARS 203.570-3) 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000) (IAW FAR 4.303) 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008) (IAW FAR 4.1104) 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) (IAW DFARS 204.404-70(b)) 252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007) (IAW DFARS 204.1104) 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006) (IAW FAR 9.409) 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006) (IAW DFARS 209.409) 52.211-5 MATERIAL REQUIREMENTS (AUG 2000) (IAW FAR 11.304) 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008) (IAW FAR 11.604(b)) This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700). 252.211-7003 ITEM IDENTIFICATION AND VALUATION (JUN 2005) (IAW DFARS 211.274-5(a), DFARS 212.301(f)(vi)) (a) Definitions. As used in this clause— “DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/UID/equivalents.html. “Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/UID/uid_types.html. (c) DoD unique item identification or DoD recognized unique identification equivalents. (1) The Contractor shall provide DoD unique item identification, or a DoD recognized unique identification equivalent, for— (i) All delivered items for which the Government’s unit acquisition cost is $5,000 or more; and (ii) The following items for which the Government’s unit acquisition cost is less than $5,000: Contract Line, Subline, or Exhibit Line Item Number Item Description *Items less than $5000, which require UID, will be specifically identified in the schedule.See Schedule as Applicable (iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number (See Schedule as Applicable). (3) (i)(C) Text Element Identifiers (TEIs), in accordance with the DoD collaborative solution “DD” format for use until the final solution is approved by ISO/IEC JTC1 SC 31. The “DD” format is described in Appendix D of the DoD Guide to Uniquely Identifying Items, available at http://www.acq.osd.mil/dpap/UID/guides.htm ; and (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/UID/DataSubmission.htm. 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 1999) (IAW FAR 15.209(b)(1)) 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997) (IAW FAR 15.209(h)) 52.215-14 INTEGRITY OF UNIT PRICES (OCT 1997) (IAW FAR 15.408(f)(1)) 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZone SMALL BUSINESS CONCERNS (JUL 2005) (IAW FAR 19.1308(b)) (c) Waiver of evaluation preference. __ Offeror elects to waive the evaluation preference. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) (IAW FAR 19.708(a)) 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION) (NOV 2007) (IAW FAR 19.708(b), DARS Tracking Number 2008-O0004) 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN -- ALTERNATE II (OCT 2001) (IAW FAR 19.708(b)(1)) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUN 2007) (IAW FAR 19.308(d)) (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code _____________ assigned to contract number ______________________________. [Contractor to sign and date and insert authorized signer's name and title]. 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (APR 2007) (IAW DFARS 219.708(b)(1)(A)) 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (FEB 2008) (IAW FAR 22.1505(b)) 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (DEC 1996) (IAW FAR 22.610) 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (IAW FAR 22.810(a)(1)) 52.222-26 EQUAL OPPORTUNITY (MAR 2007) (IAW FAR 22.810(e)) 52.222-29 NOTIFICATION OF VISA DENIAL (JUN 2003) (IAW FAR 22.810(g)) 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) (IAW FAR 22.1310(a)(1), DFARS 222.1310(a)(1)) 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (IAW FAR 22.1408(a)) 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) (IAW FAR 22.1310(b)) 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) (IAW FAR 22.1605) 52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007) (IAW FAR 22.1705(a)) 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) (IAW FAR 23.505) 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003) (IAW FAR 23.906(b)) 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (IAW FAR 25.1103(a)) 252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JUN 2005) (IAW DFARS 225.1101(2)) 252.225-7006 QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES (MAY 2007) (IAW DFARS 225.7204(c)) 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (MAR 2008) (IAW DFARS 225.7002-3(a)) 252.225-7013 DUTY-FREE ENTRY (OCT 2006) (IAW DFARS 225.1101(4)) 252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS -- ALTERNATE I (DEVIATION) (JAN 2008) (IAW DAR Tracking Number 2008-O0002) As prescribed in 225.700x-5(b), substitute the following paragraphs (a) and (b) for paragraphs (a) and (b) of the basic clause and add the following paragraphs (c) and (d) to the basic clause: (a) Definitions. As used in this clause— (1) “Assembly” means an item forming a portion of a system or subsystem that can be provisioned and replaced as an entity and which incorporates multiple, replaceable parts. (2) “Commercial derivative military article” means an item procured by the Department of Defense that is or will be produced using the same production facilities, a common supply chain, and the same or similar production processes that are used for the production of articles predominantly used by the general public or by nongovernmental entities for purposes other than governmental purposes. (3) “Commercially available off-the-shelf item”— (i) Means any item of supply that is— (A) A commercial item; (B) Sold in substantial quantities in the commercial marketplace; and (C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (ii) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. (4) “Component” means any item supplied to the Government as part of an end item or of another component. (5) “Electronic component” means an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections of electrical devices such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits. (6) “End item” means the final production product when assembled or completed, and ready for issue, delivery, or deployment. (7) “Produce” means the application of forces or processes to a specialty metal to create desired physical properties through quenching or tempering of steel plate, or gas atomization or sputtering of titanium. (8) “Qualifying country” means any country listed in subsection 225.872-1(a) or (b) of the Defense Federal Acquisition Regulation Supplement (DFARS). (9) “Required form” means in the form of mill product, such as bar, billet, wire, slab, plate or sheet, and in the grade appropriate for the production of— (i) A finished end item delivered to the Department of Defense; or (ii) A finished component assembled into an end item delivered to the Department of Defense. (10) “Specialty metal” means— (i) Steel— (A) With a maximum alloy content exceeding one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or (B) Containing more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, molybdenum, nickel, niobium (columbium), titanium, tungsten, or vanadium. (ii) Metal alloys consisting of— (A) Nickel or iron-nickel alloys that contain a total of alloying metals other than nickel and iron in excess of 10 percent; or (B) Cobalt alloys that contain a total of alloying metals other than cobalt and iron in excess of 10 percent; (iii) Titanium and titanium alloys; or (iv) Zirconium and zirconium base alloys. (11) “Subsystem” means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, attitude control, and propulsion. (b) Except as provided in paragraph (c) of this clause, any specialty metals incorporated in items delivered under this contract shall be melted or produced in the United States, its outlying areas, or a qualifying country, except for— (1) Electronic components; (2) (i) Commercially available off-the-shelf (COTS) items; other than— (A) COTS fasteners, unless such fasteners are incorporated into COTS end items, subsystems, assemblies, or components. (B) Forgings or castings of specialty metals, unless such forgings or castings are incorporated into COTS end items, subsystems, or assemblies. (C) Commercially available high performance magnets, unless such high performance magnets are incorporated into COTS end items or subsystems; (ii) A COTS item is considered to be “offered without modification” as long as it is not modified prior to contractual acceptance by the next higher tier in the supply chain. (A) Specialty metals contained in a COTS item that was accepted without modification by the next higher tier are excepted and remain excepted even if a piece of the COTS item subsequently is removed (e.g., the end is removed from a COTS screw or an extra hole is drilled in a COTS bracket). (B) For specialty metals that were not contained in a COTS item upon acceptance, but are added to the COTS item after acceptance, the added specialty metals are subject to the restrictions (e.g., a special reinforced handle made of specialty metal that is added to a COTS item). (C) If two or more COTS items are combined in such a way that the resultant item is not a COTS item, only the specialty metals involved in joining the COTS items together are subject to the restrictions (e.g., a COTS aircraft is outfitted with a COTS engine, but not a COTS engine normally provided with that aircraft.) (D) For COTS items that are normally sold in the commercial marketplace with various options, items that include such options are also COTS items. However, if a COTS item is offered to the Government with an option that is not normally offered in the commercial marketplace, that option is subject to the specialty metals restrictions. (e.g., An aircraft is normally sold to the public with an option for several different radios. DoD requests a military-unique radio. The aircraft is still a COTS item, but the military-unique radio is not a COTS item, and must comply with the specialty metals restrictions, unless another excerption applies.) (3) Fasteners that are commercial items that are purchased under a contract or subcontract with a manufacturer of such fasteners, if the manufacturer has certified that it will purchase, during the relevant calendar year, an amount of domestically melted specialty metal, in the required form, for use in the production of fasteners for sale to the Department of Defense and other customers, that is not less than 50% of the total amount of the specialty metal that it will purchase to carry out the production of such fasteners for all customers. (4) Items manufactured in a qualifying country; (5) Items for which the Government has determined in accordance with 225.700x-3 of Class Deviation 2008-O0002 that specialty metal melted or produced in the United States cannot be acquired as and when needed in— (i) A satisfactory quality; (ii) A sufficient quantity; and (iii) The required form. (6) Specialty metals, other than specialty metals in high performance magnets, that do not meet any of the exceptions in paragraphs (b)(1) through (5) of this clause, if the total weight of such noncompliant metals does not exceed 2 percent of the total weight of specialty metals in the item, as estimated in good faith by the Contractor. (c) (1) Streamlined compliance for commercial derivative military articles. As an alternative to the compliance required in paragraph (b) of this clause, the Contractor may purchase an amount of domestically melted specialty metals in the required form, for use during the period of contract performance in the production of the commercial derivative military article and the related commercial article, In the amount determined in accordance with paragraph (c)(2) of this clause if— (i) This is an acquisition of commercial derivative military articles; and (ii) The Contractor has certified in its offer in accordance with paragraph (c)(2) of this clause. (2) Certification for streamlined compliance for commercial derivative military articles (to be submitted with offer when applicable). The offeror [ ] certifies [ ] does not certify that prior to award it will have entered into a contractual agreement or agreements to purchase an amount of domestically melted or produced specialty metal in the required form for use during the period of contract performance in the production of the commercial derivative military article and the related commercial article, that is not less than the Contractor’s good faith estimate of the greater of— (i) An amount equivalent to 120% of the amount of specialty metal that is required to carry out the production of the commercial derivative military article (including the work performed under each subcontract); or (ii) An amount equivalent to 50% of the amount of specialty metal that is purchased by the contractor and its subcontractors for use during such period in the production of the commercial derivative military article and the related commercial article. (3) For the purposes of the certification in paragraph (c)(2) of this clause, the amount of specialty metal that is required to carry out the production of the commercial derivative military article includes specialty metal contained in any item, including commercially available off-the-shelf items, incorporated into such commercial derivative military article. (d) Unless the Contractor has certified in accordance with paragraph (c), the Contractor shall insert the substance of this clause, excluding paragraph (c) but including this paragraph (d), in all subcontracts for articles containing specialty metals. 252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (APR 2003) (IAW DFARS 225.7307(a)) (b) (1) For sales to the Government(s) of Australia, Taiwan, Egypt, Greece, Israel, Japan, Jordan, Republic of Korea, Kuwait, Pakistan, Philippines, Saudi Arabia, Turkey, Thailand, or Venezuela (Air Force), contingent fees in any amount. 252.225-7028 EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS (APR 2003) (IAW DFARS 225.7300, DFARS 225.7307(b)) 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004) (IAW DFARS 226.104) 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) (IAW FAR 27.201-2(a)(1)) 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007) (IAW FAR 27.201-2(b)) 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003) (IAW FAR 29.401-3(a)) 52.232-1 PAYMENTS (APR 1984) (IAW FAR 32.111(a)(1)) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) (IAW FAR 32.111(b)(1)) 52.232-11 EXTRAS (APR 1984) (IAW FAR 32.111(c)(2)) 52.232-17 INTEREST (JUN 1996) (IAW FAR 32.617(a), FAR 32.617(b)) 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (IAW FAR 32.806(a)(1)) 52.232-25 PROMPT PAYMENT (OCT 2003) (IAW FAR 32.908(c)) (a) Invoice payments— (5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315. (i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (IAW FAR 32.1110(a)(1)) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008) (IAW DFARS 232.7004) (a) Definitions. As used in this clause— (1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation. (2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer. (3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/. (c) The Contractor may submit a payment request and receiving report using other than WAWF only when— (1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF; (2) DoD is unable to receive a payment request or provide acceptance in electronic form; (3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or (4) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System). (d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. (e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests. 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) (IAW DFARS 232.7102) 52.233-1 DISPUTES (JUL 2002) (IAW FAR 33.215) 52.233-3 PROTEST AFTER AWARD (AUG 1996) (IAW FAR 33.106(b)) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (IAW FAR 33.215(b)) 52.242-13 BANKRUPTCY (JUL 1995) (IAW FAR 42.903) 52.243-1 CHANGES--FIXED-PRICE (AUG 1987) (IAW FAR 43.205(a)(1)) 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) (IAW DFARS 243.205-70) 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998) (IAW DFARS 243.205-71) 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2007) (IAW FAR 44.403) 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DoD CONTRACTS) (JAN 2007) (IAW DFARS 244.403) 52.246-23 LIMITATION OF LIABILITY (FEB 1997) (IAW FAR 46.805(a)(1)) 52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006) (IAW FAR 47.104-4(a), FAR 47.104-4(b)) 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002) (IAW DFARS 247.574(b)(1)) 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) (IAW FAR 49.502(b)(1)(i)) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) (IAW FAR 49.504(a)(1)) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (IAW FAR 52.107(b)) 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): Regulations URLs: (Click on the appropriate regulation.) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfar1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/affar1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/afmc/afmc1toc.htm NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page, conduct a search for the desired regulation reference using your browser's FIND function. When located, click on the regulation reference (hyperlink). 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) (IAW FAR 53.111) CLAUSES INCORPORATED BY FULL TEXT 52.204-1 APPROVAL OF CONTRACT (DEC 1989) This contract is subject to the written approval of NGB-ZC PARC and shall not be binding until so approved. (End of clause) 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (a) Definitions. As used in this clause-- Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government. Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern. Registered in the CCR database means that-- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and (2) The Government has validated all mandatory data fields and has marked the record “Active”. (b)(1) 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, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) 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 exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number-- (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) 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. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract. (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. (End of clause) 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use to include inspection and punch list per agreement of the parties. The time stated for completion shall include final cleanup of the premises. (End of clause) 52.211-13 TIME EXTENSIONS (SEP 2000) Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule. (End of clause) 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED PRODUCTS (AUG 2000) ALTERNATE I (AUG 2000) (a) Definitions. As used in this clause-- Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of ``recovered material.'' Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)): Certification I, ____________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated products met the applicable contract specifications. ---------------------------------------------------------------------- (Signature of the Officer or Employee) ---------------------------------------------------------------------- (Typed Name of the Officer or Employee) ---------------------------------------------------------------------- (Title) ---------------------------------------------------------------------- (Name of Company, Firm, or Organization) ---------------------------------------------------------------------- (Date) ---------------------------------------------------------------------- (End of certification) (c) The Contractor, on completion of this contract, shall-- (1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of post consumer material content; and (2) Submit this estimate to Robert Parvin, USPFO for Kansas, 2737 S. Kansas Ave., Topeka, KS. 66611-1170. (End of clause) 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. (End of clause) 52.228-11 PLEDGES OF ASSETS (FEB 1992) (a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a payment bond-- (1) Pledge of assets; and (2) Standard Form 28, Affidavit of Individual Surety. (b) Pledges of assets from each person acting as an individual surety shall be in the form of-- (1) Evidence of an escrow account containing cash, certificates of deposit, commercial or Government securities, or other assets described in FAR 28.203-2 (except see 28.203-2(b)(2) with respect to Government securities held in book entry form) and/or; (2) A recorded lien on real estate. The offeror will be required to provide-- (i) Evidence of title in the form of a certificate of title prepared by a title insurance company approved by the United States Department of Justice. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203-3(d); (ii) Evidence of the amount due under any encumbrance shown in the evidence of title; (iii) A copy of the current real estate tax assessment of the property or a current appraisal dated no earlier than 6 months prior to the date of the bond, prepared by a professional appraiser who certifies that the appraisal has been conducted in accordance with the generally accepted appraisal standards as reflected in the Uniform Standards of Professional Appraisal Practice, as promulgated by the Appraisal Foundation. (End of clause) 52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995) In accordance with Section 806(a)(3) of Pub. L. 102-190, as amended by Sections 2091 and 8105 of Pub. L. 103-355, upon the request of a prospective subcontractor or supplier offering to furnish labor or material for the performance of this contract for which a payment bond has been furnished to the Government pursuant to the Miller Act, the Contractor shall promptly provide a copy of such payment bond to the requester. (End of clause) 52.228-15 Performance and Payment Bonds--Construction (JUL 2000)- (a) Definitions. As used in this clause-- Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, and the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award. (b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows: (1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price. (2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price. (3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price. (ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work. (d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of Treasury, Financial Management Service, Surety Bond Branch, 401 14th Street, NW, 2nd Floor, West Wing, Washington, DC 20227. (e) Notice of subcontractor waiver of protection (40 U.S.C. 270b(c). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract. (End of clause) 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-- (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). (b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database. (c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210. (d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for-- (i) Making a correct payment; (ii) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-- (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply. (f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause. (h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. (i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database. (End of Clause) 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15% of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (End of clause) 52.236-4 PHYSICAL DATA (APR 1984) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by (See Specifications and Drawings). (b) Weather conditions... (See Section 00800, #36. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER. ) (c) Transportation facilities...N/A...... (End of clause) 52.236-13 ACCIDENT PREVENTION (NOV 1991) – ALTERNATE I (NOV 1991) (a) The Contractor shall provide and maintain work environments and procedures which will (1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; (2) Avoid interruptions of Government operations and delays in project completion dates; and (3) Control costs in the performance of this contract. (b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall- (1) Provide appropriate safety barricades, signs, and signal lights; (2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken. (vii) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation. Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause. (e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts. (f) Before commencing the work, the Contractor shall- (1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and (2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program. (End of clause) 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): www.arnet.gov/far http://farsite.hill.af.mil www.acq.osd.mil/dp/dars/dfars.html (End of clause) 252.204-7004 REQUIRED CENTRAL CONTRACTOR REGISTRATION (NOV 2001) (a) Definitions. As used in this clause-- (1) Central Contractor Registration (CCR) database means the primary DoD repository for contractor information required for the conduct of business with DoD. (2) Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet Information Services to identify unique business entities. (3) Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by Dun and Bradstreet plus a 4-digit suffix that may be assigned by a parent (controlling) business concern. This 4-digit suffix may be assigned at the discretion of the parent business concern for such purposes as identifying subunits or affiliates of the parent business concern. (4) Registered in the CCR database means that all mandatory information, including the DUNS number or the DUNS+4 number, if applicable, and the corresponding Commercial and Government Entity (CAGE) code, is in the CCR database; the DUNS number and the CAGE code have been validated; and all edits have been successfully completed. (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the CCR database prior to award, during performance, and through final payment of any contract resulting from this solicitation, except for awards to foreign vendors for work to be performed outside the United States. (2) The offeror shall provide its DUNS or, if applicable, its DUNS+4 number with its offer, which will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (3) Lack of registration in the CCR database will make an offeror ineligible for award. (4) DoD has established a goal of registering an applicant in the CCR database within 48 hours after receipt of a complete and accurate application via the Internet. However, registration of an applicant submitting an application through a method other than the Internet may take up to 30 days. Therefore, offerors that are not registered should consider applying for registration immediately upon receipt of this solicitation. (c) The Contractor is responsible for the accuracy and completeness of the data within the CCR, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to confirm on an annual basis that its information in the CCR database is accurate and complete. (d) Offerors and contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or via the Internet at http://www.ccr.gov. (End of clause) Section I - List of Documents, Exhibits and Other Attachments A.Exhibit A Past Performance Questionnaire This Questionnaire relates to solicitation requirements for Kansas Army National Guard MATES Modular Transmission Test Cell PAST PERFORMANCE QUESTIONNAIRE – W912JC-09-R-5725 Your assistance is requested in support of a source selection for the Kansas Army National Guard. Please complete this Questionnaire and e-mail or send by facsimile (FAX: 785-274-1642) USPFO for Kansas Contracting Division 2737 S. Kansas Ave. Topeka, KS 66611-1170 ATTN: CPT Robert Parvin, Contract Specialist Phone: 785-274-1944 E-mail: robert.parvin@us.army.mil Desired Response Date: When complete, the information on this form is SOURCE SELECTION SENSITIVE INFORMATION (41 U.S.C. 423) and shall be protected accordingly. 1. OFFEROR NAME OFFEROR ADDRESS Contractor Name and Address and contract/project information being addressed in this questionnaire 2. CONTRACTOR NAME & ADDRESS:2. CONTRACT NO.: 3. CONTRACT INITIATION DATE: 4. COMPLETION DATE: 5. CONTRACT VALUE (with options): $ 6. TYPE OF CONTRACT: 7. DESCRIPTION OF PROJECT REQUIREMENTS: (Please indicate the scope of the effort being addressed in this questionnaire including the end item and its application, and whether the effort involved design, fabrication, installation, publication/manuals, and/or training). 8. Point of Contact: Provide the following information for the company and individual completing this questionnaire: Company/Agency Name and Address: Name of person completing this questionnaire: Title: Role/responsibility for the effort being address in the survey: Phone Number: E-Mail: Rating Scale: EXCELLENT: Superior performance. Objectives/requirements essentially always achieved or exceeded, with inconsequential exceptions. GOOD: Highly satisfactory performance. Objectives/requirements achieved with only rare exceptions, and the exceptions had minor consequences. ADEQUATE: Generally satisfactory performance. Objectives/requirements generally achieved with occasional exceptions, and, in most cases, the exceptions had minor consequences. MARGINAL: Occasionally unsatisfactory performance of significance. Objectives/requirements were not fully achieved, with significant consequences in some cases. POOR: Frequently unsatisfactory performance of significance. Objectives/requirements frequently not achieved, with significant consequences. UNKNOWN: Unable to rate, not observed, or not a significant aspect of performance. 9. Questionnaire: Please indicate the rating that best reflects your experience with this contractor and provide a short narrative addressing the basis for the ratings assigned. Address compliance with requirements, actual performance, problems encountered and problem resolution. Use additional sheets if necessary. A. Technical Requirements – Assess the contractor’s adherence to sound engineering design, fabrication, and equipment installation processes and practices, and conformance with specifications: ExcellentGoodAdequateMarginalPoorUnknown B. Quality/Safety – Assess the contractor’s adherence to sound quality and safety procedures and practices. ExcellentGoodAdequateMarginalPoorUnknown C. Schedule – Assess the contractor’s adherence to delivery commitments; responsiveness to requests for accelerations; and early identification and mitigation of schedule slippages. ExcellentGoodAdequateMarginalPoorUnknown D. Responsiveness – Assess the contractor’s ability to identify and resolve problems effectively and in a timely manner, including correction of faulty work: ExcellentGoodAdequateMarginalPoorUnknown E. Subcontracting – Assess the contractor’s ability to acquire, retain, and manage multiple subcontractors and vendors. ExcellentGoodAdequateMarginalPoorUnknown F. Parts, Service, Warranty Support – Assess the contractor’s responsiveness in supporting the installed equipment with parts and service, and handling warranty claims. ExcellentGoodAdequateMarginalPoorUnknown G. Customer Satisfaction – Assess the contractor’s business-like concern for its customers, including such factors as dependability, flexibility, early problem identification, communication, and responsiveness. ExcellentGoodAdequateMarginalPoorUnknown H. Overall Assessment: Provide your overall assessment including the level of customer involvement and oversight necessary. ExcellentGoodAdequateMarginalPoorUnknown SECTION 011010 SUMMARY AND GENERAL REQUIREMENTS Summary Project Description: Project titled “Dynamometer-Turn Key Test Cell” in accordance with the Contract Documents. Geospatial Documentation: Comply with the geospatial requirements of existing facility with no facility re-design. Definitions Contract Documents: Unless otherwise indicated, the Contract Documents include 1) the Solicitation, 2) documents listed in the Solicitation, 3) documents referenced in the Solicitation, 4) documents listed and/or referenced in the documents listed and/or referenced in the Solicitation. Performance Specifications: “Exhibit B – Performance Specifications and Proposal Submission Requirements”. The term “Owner” wherever used in the Contract Documents is synonymous with “Government”. The term “Bidder” wherever used in the Contract Documents is synonymous with “Offeror”. SITE USE AND OCCUPANCY Owner’s Occupancy During Construction: Owner will occupy existing building and performs its normal activities in the existing building during the performance of the Work. Storage within Existing MATES Building #1460: Storage of materials, equipment and tools for the prosecution of the Work within existing building is not acceptable. Only those materials, tools and equipment necessary for the work of each day shall be acceptable to be kept in the existing building, and shall be removed at the end of each day’s work. Vehicle Parking: Parking of personnel, working and delivery vehicles of the owner and any subcontractors shall be restricted to those portions of pavements and roads designated by the facility tenant P.O.C. Pre-proposal conference: Pre-Proposal Conference: A Pre-Proposal Conference will be held at MATES Building #1460, Ft. Riley, KS Thursday 29 October 2009 at 10:00am. This Pre-Proposal Conference is currently the only opportunity for Bidder to visit the site prior to submitting their proposal scheduled at this time, however if requested follow-up visits may be approved by the MATES facility prior to the anticipated close of this solicitation on 4 December 2009 at 2pm central standard time. Due to security conditions, all Offerors must register to attend this conference. To enter the post, individuals must have a picture identification card available when entering the gate. Email the following information for all attendees to robert.parvin@us.army.mil no later than Monday 26 October 2009, 2:00 p.m., CST, TEMPORARY FACILITIES AND CONTROLS General: Provide temporary facilities and controls necessary to complete the Work. Remove temporary facilities and controls upon completion of the Work and sooner when no longer needed. Security Access to Site: Access to exterior grounds to the Project Site shall be through the security gate to Ft. Riley as designated by Camp Funston Training Area (CFTA). A temporary parking pass shall be issued to the workers by the office of CFTA in Building 1970, Camp Funston, Ft. Riley. Bidder Provided Field Office and Storage: Temporary trailers may be brought onto FT. Riley as a means for office or storage for tools or parts used in this project. Size and dimensions of such facilities must be provided to MATES designated technical POC for a location in which to set these items. The possibility remains that there may be some owner provided sources but will not be known until a later date to be determined. Owner is not responsible for safe keeping or protection of materials or equipment stored on Owner’s property. Toilet Facilities: Bidder shall provide its own toilet facilities for sanitary needs. Maintain toilet facilities and keep in a clean and sanitary condition. Electrical and Lighting: Bidder may use sources at the site. Telephone: Bidder shall provide its own sources. General: After Project is substantially complete, a final cleaning shall be completed before acceptance of the Project by the Owner. Dust, soils, grease, smudges, markings, and like substances shall be removed from the surfaces of products installed during the course of the Project and shall be removed from surfaces on existing facility property when they are a direct result of Project construction. Technique: Use appropriate methods for cleaning installed products and Work so as to ensure product characteristics and specifications are maintained. Damaged products shall be replaced at no additional expense to Owner. Touch Up: Any markings occurring on products containing painted surfaces which cannot be removed by cleaning procedures shall be “touched up” with paint that matches the original product for characteristics and specifications. Care shall be taken during application to blend in color and texture to match surrounding areas so as to make the areas indistinguishable from each other. ADDITIONAL REQUIREMENTS Existing Facilities: Take all necessary precautions to ensure against damage to existing facilities including, but not limited to, utilities, roads, parking, fences, equipment, buildings and their contents. Damaged items shall be repaired or replaced at no additional cost to the Owner. Protection of Work: Take all necessary precautions to ensure against damage to the work. Damaged items shall be replaced or repaired, so as to eliminate evidence of repair and replacement, at no additional cost to the Owner. Project Maintenance: Remove debris and rubbish from the Work site as frequently as necessary to avoid safety hazards and unsightliness, and at the end of each workday. Disposal: Dispose of material and debris off the Owner’s property. Spoiled material shall not be sold or offered for sale on the Owner’s property. END OF SECTION SECTION 013520 PROJECT KICKOFF AND DESIGN COMPLETION SUMMARY General: This document includes post-award requirements for project kickoff and development, coordination, oversight and finalization of the design of the Project. Meetings Post Award Kickoff (PAK) Meeting: Within 7 days after Contract Award, prior to commencing Work, and at a specific time and place to be determined by the Contracting Officer, Awarded Offeror shall meet with the Contracting Officer at USPFO, 2737 S. Kansas Ave., Topeka, KS 66611-1170 for a not to exceed 1 day (7 work hour) Post Award Kickoff (PAK) meeting. The goals of the PAK meeting are: To achieve consensus from the project team on any issues and concerns remaining following the completion of the Award of the Contract. To establish and explain policies and procedures for completion of a successful project. To establish clear lines of communication and points of contact for Government and Awarded Offeror of this the Dynamometer-Turn Key Test Cell project. To obtain an approved conceptual design accepted by the facility user representative, and other key team members. Dyno Test Cell Equipment Components and Process: Submit scaled and/or diagrammatic drawings showing equipment and component placement with a detailed legend of names and manufacturer’s designations. END OF SECTION Section K - Representations, Certifications and Other Statements of Offerors Representations & Certifications: Offeror must complete application at http://orca.bpn.gov. CLAUSES INCORPORATED BY REFERENCE 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions APR 1991 52.223-4 Recovered Material Certification OCT 1997 252.225-7031 Secondary Arab Boycott Of Israel APR 2003 CLAUSES INCORPORATED BY FULL TEXT 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2005) (a)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (b) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: ( X__) Paragraph (b) applies. (__) Paragraph (b) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (b) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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. ------------------------------------------------------------------------ FAR Clause Title Date Change ------------------------------------------------------------------------ ------ ---------- ------ ------ ------------------------------------------------------------------------ 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. (End of Provision) 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2004) (a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. (b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-- (i) Offers from HUBZone small business concerns that have not waived the evaluation preference; (ii) Otherwise successful offers from small business concerns; (iii) Otherwise successful offers of eligible products under the Trade Agreements Act when the dollar threshold for application of the Act is exceeded (see 25.402 of the Federal Acquisition Regulation (FAR)); and (iv) Otherwise successful offers where application of the factor would be inconsistent with a Memorandum of Understanding or other international agreement with a foreign government. (2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. (3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer. (c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference. ___ Offeror elects to waive the evaluation preference. (d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns; (2) Supplies (other than procurement from a non-manufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns. (e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants. (f) A HUBZone small business concern non-manufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts. (End of clause) 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 1999) (a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. (b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-- (i) Offers from HUBZone small business concerns that have not waived the evaluation preference; (ii) Otherwise successful offers from small business concerns; (iii) Otherwise successful offers of eligible products under the Trade Agreements Act when the dollar threshold for application of the Act is exceeded (see 25.402 of the Federal Acquisition Regulation (FAR)); and (iv) Otherwise successful offers where application of the factor would be inconsistent with a Memorandum of Understanding or other international agreement with a foreign government. (2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. (3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer. (c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference. ___ Offeror elects to waive the evaluation preference. (d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns; (2) Supplies (other than procurement from a non manufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be will be spent on the concern's employees or the employees of other HUBZone small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns. (e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants. (f) A HUBZone small business concern non manufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts. (End of clause) 52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM (OCT 2000) (a) Definition. "Emerging small business" as used in this solicitation, means a small business concern whose size is no greater than 50 percent of the numerical size standard applicable to the North American Industry Classification System (NAICS) code assigned to a contracting opportunity. (b) [Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business concern under the size standards of this solicitation.] The Offeror [ ] is, [ ] is not an emerging small business. (c) (Complete only if the Offeror is a small business or an emerging small business, indicating its size range.) Offeror's number of employees for the past 12 months (check this column if size standard stated in solicitation is expressed in terms of number of employees) or Offeror's average annual gross revenue for the last 3 fiscal years (check this column if size standard stated in solicitation is expressed in terms of annual receipts). (Check one of the following.) No. of Employees Avg. Annual 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 (End of provision) 52.219-21 SMALL BUSINESS SIZE REPRESENTATION FOR TARGETED INDUSTRY CATEGORIES UNDER THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM (MAY 1999) (Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business concern under the size standards of this solicitation.) Offeror's number of employees for the past 12 months (check this column if size standard stated in solicitation is expressed in terms of number of employees) or Offeror's average annual gross revenue for the last 3 fiscal years (check this column if size standard stated in solicitation is expressed in terms of annual receipts). (Check one of the following.) No. of Employees Avg. Annual 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 (End of provision) 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (MAR 1998) (a) "Definitions." As used in this provision -- (a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries include: Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. (3) "Significant interest" means -- (i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtness of a firm. (b) "Prohibition on award." In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) "Disclosure." If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include -- (1) Identification of each government holding a significant interest; and (2) A description of the significant interest held by each government. (End of provision) 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) (a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation. (b) Representation. The Offeror represents that it: ____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.(End of provision) Section J - Instructions, Conditions and Notices to Bidders PROPOSAL PREPARATION INSTRUCTIONS J.1. These instructions prescribe the format for the proposal, and describe the approach for the development and presentation of the proposed data. The proposal shall include all of the information requested in the specific instructions. Failure to include all information requested may adversely affect the evaluation. A proposal that merely reiterates or promises to accomplish the requirements of the RFP may be considered unacceptable. A proposal that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a fair and thorough evaluation. This RFP does not commit the Government to pay costs incurred in preparation and submission of proposal information. J.2. Offerors are cautioned to submit enough information to enable the Government to fully ascertain each offeror’s capability to perform all of the requirements contemplated by this solicitation. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate. Any materials submitted but not required by this solicitation, (such as company brochures), shall be relegated to appendices. Excessive reliance on promotional brochures is discouraged. J.3.Binding. Elaborate format and binding are neither necessary nor desirable. All binders, (3 ring type is preferred) will be capable of lying flat when opened. The cover and spine of each binder will clearly identify the offeror’s name, RFP number, RFP title and copy number, (e.g. copy 2 of 3). The original for each volume will be clearly identified on the cover and the spine. All binders will allow for easy removal and replacement of pages. Submit the original and three copies of your proposal. This only applies to mailed copies of the proposal. Should the proposal be submitted electronically via e-mail to robert.parvin@us.army.mil no hard copies will be required. All e-mailed copies will be printed in black and white for all board members to evaluate. If certain diagrams or graphs are desired by you as the offeror to be presented in color it is encouraged that the offeror mail hard copies. J.4. Offeror may, at the discretion of the Contracting Officer, be asked to provide clarifications regarding their proposals. The offeror shall be held responsible for the validity of all information supplied in their proposal. Should subsequent investigation disclose that the facts and conditions were not as stated, the proposal may be rejected or contract terminated for default after the contract award. J.5. Each proposal shall give the complete mailing address of the contractor and be signed by an authorized representative by original signature with his or her name and legal title typed below the signature line. If the contract’s contact will be a different entity, indicate that individual’s contact information for communication purposes. Each proposal shall include the contractor's tax number. J.6. A contractor may modify a proposal by letter or by FAX transmission at any time prior to the closing date and time for receipt of proposals. J.7. A proposal may be withdrawn on written request from the vendor to the Point-of-Contact at the Division of Facilities Management prior to the closing date. J.8 Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offer. All questions and requests for information (RFI) must be received NOT LATER THAN ten (10) calendar days prior to closing date of the solicitation. The Contracting Officer reserves the right to address questions received after this time following solicitation closing with those offerors in the competitive range should one be established. Any interpretations made will be in the form of an amendment of the solicitation and will be furnished to all prospective offerors via posting to www.fbo.gov. Receipt of an amendment by the offeror must be acknowledged in the space provided on the SF 33, or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Any questions or requests for clarifications, and information concerning this solicitation must be submitted in writing by email, to the contracting specialist at robert.parvin@us.army.mil.. J.9. The right is reserved, as the interest of the Government may require, to revise or amend, the solicitation, specifications prior to and/or after the date set for receipt of proposals, as necessary. Such changes, if any, will be announced by an amendment or amendments to this Request for Proposal. All information relating to this RFP, including pertinent changes/amendments and other information applicable prior to the date set for receipt of proposals will be posted on the following website: www.fbo.gov. Though every effort will be made to provide email notification when a change is posted, such notification is NOT guaranteed and should not be expected. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the latest information. J.10. If the offeror takes exception to any of the requirements specified in this solicitation, the offeror shall clearly identify each such exception and include a complete explanation of why the exception was taken and what benefit accrues to the Government. All exceptions to the solicitation requirements and supporting rationale shall be included in an addendum to the proposal and clearly labeled "Exceptions". An addendum is only required if the offeror takes exception to any requirement in the solicitation. (The Addendum does not have a page limitation, but shall only include information relevant to exceptions taken to the solicitation requirements.) The Government will assume an offeror takes no exceptions to any solicitation requirement if the offeror does not submit an Addendum identifying exceptions. Offerors are advised that solicitation requirements are not necessarily negotiable and such exceptions may render an offeror's proposal unacceptable and ineligible for award. J.11. There are three factors that will be evaluated by the Source Selection Evaluation Board (SSEB) and with exception of Price, they will be rated at the factor level. The evaluation shall be based on the following factors: (1) Relevant Experience and Past Performance (2) Organization and Technical Approach and (3) Price (within the stipulated price limitation). Evaluated within the factor Organization and Technical Approach include two sub factors (1) Demonstrated compliance with the requirements of the SOW and (2) Demonstrated understanding the requirements of the facility addition/enclosure. Relevant Past Performance and Organization and Technical Approach is approximately equal in value and when combined is more important than price, provided the price is within the stipulated price limitation. Adjective evaluation ratings will be provided for Past Performance and Technical Approach. Proposal Submission Format: •Volume 1 – Pro Forma Documents •Form SF 33, Solicitation, Offer & Award •Price Schedule •Representations, Certifications, and Other Statements of Offerors- Section K •Joint Venture Agreement, if applicable •Volume 2 – Relative Experience and Past Performance – TAB A (This factor is approximately equal in importance as Technical Capability.) •Offeror’s Relative Past Performance Information •Prior experience narrative •Past Performance Questionnaire provided to the contracting officer. •Volume 2 – Organization and Technical Organization – TAB B (This factor is approximately equal in importance as Past Performance.) •Organization and Technical Approach Narrative and Compliance with Technical Statement of Work Offerors shall submit an original and three (3) copies of each volume. J.12 Factor 1: Relative Experience and Past Performance The Offerors proposal shall include a written narrative demonstrating successful experience in the design and installation of similar Dyno test cell turn key projects for the X1100 Transmission to include testing of previously mentioned transmission units. Relevant Past Performance: The narrative must clearly demonstrate a prior history of successfully performing contracts for design and manufacturer of Transmission test cells that are similar in scope, complexity and size to that described in the scope of this acquisition. Provide information on Dyno types and why they are equivalent or similar commercial or institutional type. J.13. Offerors shall explain aspects of prior contracts they deemed relevant to this project. Offerors shall consider the currency and relevancy of the past performance information. To be considered, the past performance and experience must have been completed during the past five (5) years. The period begins five (5) years prior to the solicitation release date and includes current performance. Current performance may have greater impact than older performance. Offerors must include with their proposal information on problems encountered on the identified contracts and the offeror's correction actions and/or explanation. J.14. Offerors shall prepare and submit to a maximum of five (5) of their prior client(s), for the most relevant projects completed within the prior five year period. The offeror must choose five of which they believe are project that are most relevant to this project. Include correspondence explaining the requirement to obtain an independent evaluation of prior contract performance, and the Performance Questionnaire. The Questionnaire must be provided to the Point of Contact for at least five of the most relevant project listed in your prior experience narrative. These questionnaires will be use in evaluating relevancy and Past Performance. J.15. Completed Performance Questionnaire shall be returned to: Contracting Officer Attn: CPT Robert M. Parvin 2737 S. Kansas Ave. Topeka, KS 66611-1170 These should arrive not later than the closing date for receipt of proposal shown on the SF 33. Reference packages may e-mailed to: robert.parvin@us.army.mil faxed to (785)274-1624. Questionnaires must be submitted by the client/evaluator directly to the Contracting Officer. J.16. Offerors lacking relevant present/past performance experience may submit information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement if such information is relevant to this acquisition. Such information shall, as a minimum, include: (1) Name(s) of Predecessor Company/Subcontractor and/or Key Personnel; (2) Complete Address: (3) Telephone, Fax Number and email address; (4) Brief synopsis of the experience (a resume may be submitted for "Key Personnel") (5) Describe in detail relevancy to this project. Note that use of subcontractors or key personnel to obtain relevant past performance shall commit the offeror to use the proposed personnel/subcontractors in the performance of the contract. J.17 Evaluation: Relative Experience and Past Performance: The SSEB shall evaluate relative Past Performance by considering such factors as similarity of test cell, an offeror's business practices, customer relationship, offerors ability to successfully perform on prior relevant contracts. The SSEB will consider in their evaluation recent and relevant past performance and responses to prior client’s questionnaires. Current, Relevant, Trends: Evaluators will consider the current, relevant and trends of the performance information while conducting its performance evaluation. Current is performance occurring within the past five (5) years prior to the solicitation release date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period. J.18. Based on the evaluation results, the proposal will be assigned one of five (5) confidence ratings. The ratings and related definitions that will be used to define the confidence the Government has in the offeror’s ability to successfully perform the contract work. J.19. An offeror with no Past Performance may receive a rating based on the evaluation of its predecessor companies, key personnel, and/or subcontractors. These ratings may not have the same weight as the ratings of the proposing company. If such information is not applicable (i.e., the offeror does not have a predecessor company, key personnel or subcontractors with relevant experience), the offeror shall be evaluated as "neutral”. However, the proposal of an offeror with no relevant Past Performance history, while rated ”Neutral” in Past Performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposal of other offerors. J.20. In evaluating performance confidence, the Government may contact your references for additional information and to assure validity of the received questionnaires. The Government may contact sources other than those provided by the offeror for information with respect to past performance. These other sources may include, but are not limited to telephone interviews, and Government personnel with personal knowledge of the offeror’s performance capability. The Government reserves the rights to obtain and evaluate past performance information from any source it deems appropriate. J.21. In accordance with FAR 15.106(a)(2), if award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror's past performance information or to resolve minor clerical errors. Offerors shall be provided an opportunity to address any negative past performance information about which the Offeror has not previously had an opportunity to respond. Thursday, January 31, 2008 J.22. Organization and Technical Approach. This information considers the offeror’s proposed technical approach to executing compliance with the Statement of Work.. J.23.Organization: Describe what firms, their resources and how their resources will be utilized, their roles and responsibilities and any contractual arrangements that have been established. J.24. Describe the technical approach to designing and constructing the turn key test cell Dyno in support of the X1100 Transmission and other previously mentioned transmissions. Address each element defined in the Statement of Work and how you propose to address and satisfy the Dyno performance requirements. Provide a preliminary schedule indicating a time line from date of award until completion of final Dyno training. Describe your warranty and list any specific exclusion from the warranty, if applicable. J.25. Describe your quality control approach, corporate systems and capabilities to maintain quality control of the project. Describe the proposed quality control organization, including the proposed staffing plan. The Government is interested in demonstrable capabilities to assure quality control and how the offeror will maintain quality control throughout the project. J.26. The Contractor shall identify in their proposal a Project Manager who will function as the single point of contact between the Contractor and Government. The proposal must contain a resume of experience this individual has in the supervising and oversight of the Dyno design, manufacture and installation process. The Contractor’s Project Manager shall be responsible to develop and furnish to the Government within 45 days from date of contract award a detailed project schedule that will enable the tracking of progress and action item status. The proposal shall include a preliminary schedule showing critical milestones in the design, manufacture, and installation and testing of the provided test cell. J.27. Evaluation: Organization and Technical Approach -- The Source Selection Evaluation Board (SSEB) will evaluate the strengths, weaknesses and any deficiencies in the offeror’s proposal and understanding of the Dyno technical and functional requirements. The evaluation will include the offeror’s capability to execute the project. Some additional specific evaluation considerations are listed below. However, this list is not all-inclusive. J.28. Organization: The SSEB will evaluate the clarity and strength of the overall technical approach and how well the proposal defines the process they will utilize to execute the entire scope of work. J.29. Processes during Design and Construction: The SSEB will evaluation the realism of the preliminary schedule showing the critical milestones in the design, manufacture, installation and training proposed for the test cell. The evaluation will include the prior experience of the Project Manager in delivery of similar Dyno projects. J.30. The SSEB will evaluate the offeror technical approach to designing and constructing the turn key Dyno test cell. They will evaluate the proposal as to how each element of the Statement of Work was addressed in the proposal indicating understanding of the requirement and how they intended to satisfy the overall Dyno performance requirements. The SSEB will evaluate the offeror’s warranty and specific exclusions in the one-year warranty. J.31. The SSEB will evaluate the offeror’s quality control approach, corporate systems and capabilities to maintain quality control of the project. They will evaluate the offeror’s quality control organization, including the proposed staffing plan and how the offeror will maintain quality control throughout the project. J.32. Oral Presentation: Upon receipt of all written proposals the SSEB shall schedule and interview all offerors determined to be within the competitive range. Oral presentation will not be scored or evaluated separately. Oral presentations will normally be followed by a SSEB question and answer period for clarification purposes. The location for presentations will be provided with the presentation date and time assignment. The purpose of the oral presentations is to provide the offeror with the opportunity to briefly explain any specific documentation provided, to highlight the special features of their proposal, and to identify the benefits of the offeror’s technical data proposal. Any betterments or deviations that the offeror wishes the Government to consider should be discussed in detail in the oral presentation. The offeror is expected to highlight significant technical points contained in their proposal but will not be permitted to submit anything new, but may expand on anything contained in the proposal. Offerors are cautioned that all information provided, regardless of the format, i.e. written proposal, oral presentation, shall be considered as proposal information, and used in the evaluation process. Section K - Evaluation Factors for Award (See Section L for proposal submission and evaluation of selection factor) K.1 Basis of Award: The award shall be based on the evaluation of three factors: (1) Relevant Past Performance (2) Organization and Technical Approach and (3) Price (within the stipulated price limitation). Evaluated within the factor Organization and Technical Approach include two sub factors (1) Demonstrated compliance with the SOW and (2) Demonstrated understanding the requirements of the facility addition/enclosure. Relevant Past Performance and Organization and Technical Approach is approximately equal in value and when combined is more important than price, provided the price is within the stipulated price limitation. Adjective evaluation ratings (shown below) will be provided for Relative Past Performance and Organization and Technical Approach. K.2. Price: The purpose of the price/cost evaluation is to determine whether an offeror’s proposed prices/costs for the project are reasonable and realistic in relation to the solicitation requirements and demonstrates an offerors understanding of the proposal requirements. Price is not separately rated. a. The Government will conduct a price/cost evaluation of each offeror's proposal to determine whether or not each proposal complies with the stated criteria: "Reasonableness" and Realism". In determining overall cost to the Government for evaluation and selection purposes, the price proposed by an offeror who provides benefits/betterments within the stipulated price limitation may be afforded greater consideration than on offeror who proposes a lower price for basic requirements. b. Price evaluation will consider reasonableness and realistic prices associated with the offeror’s overall technical proposal solution. Those proposals evaluated as not satisfying all of the price/cost criteria may be eliminated from further consideration unless the Contracting Officer determines: A minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process or the Contracting Officer determines discussions are required. Reasonableness of an offeror's proposal is evaluated through price analysis techniques as described in FAR Subpart 15.305(a)(1) and (4). c. For the price to be reasonable, it must represent a price that provides value to the Government when consideration is given to prices in the market, technical and functional capabilities of the offeror. Realism is evaluated by assessing the compatibility of proposed costs with proposal scope and effort. For price to be realistic, it must reflect what it would cost the offeror to perform the effort if the offeror operates with reasonable economy and efficiency. d. Proposals unrealistically high or low in price, when compared to the Government estimate, and market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion. Any inconsistency, whether real or apparent, between proposed performance and price must be clearly explained in the price proposal. For example, if unique and innovative approaches or conditions are the basis for an unbalanced/inconsistently priced proposal, the nature of these approaches and their impact on price must be completely documented. The burden of proof of price realism rests solely with the offeror. K.3. The Contracting Officer will award a firm fixed price contract to that responsible Offeror whose proposal the Source Selection Authority has determined conforms to the solicitation, is fair and reasonable, and the offers the best overall value to the Government, considering all non-priced factors described herein, and price. All evaluation factors, other than price, when combined are considered approximately equal to price, however the contract award price shall not exceed $1,570,000.00. The intent of this solicitation is to obtain the best proposal within the cost limitation. There is no obligation to approach or match the cost limitation in the offer. After the Government individually evaluates and rates each proposal, the Contracting Officer/Source Selection Authority will compare the RFP requirements to determine which proposal represents the best value. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.0001. If there is a lower priced conforming offer(s), the Contracting Officer/Source Selection Official must determine that the added value of more expensive proposal (within the cost limitation) would justify award to that offeror. As part of the evaluation, the Government will evaluate betterments in proposals relative to the minimum standards of the RFP to determine if they offer additional value to the Government. Organization and Technical Approach Ratings and Definitions: ExcellentProposal demonstrates excellent understanding of the requirements and approach that significantly exceeds performance or capability standards. Proposal has exceptional strengths that will significantly benefit the Agency. Very good probability of success with overall low degree of risk in meeting government requirements. GoodProposal demonstrates a good understanding of requirements and approach that exceeds performance or capability standards. Proposal has one or more strengths that will benefit the Agency. Good probability of success with overall low to moderate degree of risk in meeting the agency’s requirements. SatisfactoryProposal meets most of the solicitation requirements and demonstrates an adequate understanding of the requirements. Advantages were offset by disadvantages. Where there were areas of concern, clarifications given by offeror were acceptable. Fair probability of success with overall moderate degree of risk in meeting the Agency’s requirements. MarginalProposal demonstrates shallow understanding of requirements and approach that only marginally meets performance or capability standards necessary for minimal, but acceptable contract performance. Proposal would require major rewrites to make it acceptable. Probability of success is questionable without discussions with the offeror. UnsatisfactoryProposal demonstrates little to no understanding of the requirements; or approach fails to adequately meet acceptable performance expectations; there is an unacceptably high degree of risk in meeting the Agency’s requirements. Proposal contains major errors; omissions or deficiencies and these conditions cannot be corrected without a major rewrite or resubmission. Unacceptable risk, not awardable as proposed Relative Past Performance Confidence Ratings: The following ratings and related definitions will be used to define the performance risk: Very High Degree of ConfidencePerformance met all contract requirements and exceeded many to the Government's benefit. Problems, if any, were negligible and were resolved in a timely and highly effective manner. Performance was current and generally very relevant to relevant. Excellent probability of success with overall very high degree of confidence the contractor will meet or exceed the Government's requirements. High ConfidencePerformance met contract requirements. Good quality. Minor problems may have been identified however; contractor took satisfactory corrective action to resolve where appropriate. Performance was current and generally very relevant to relevant. Good probability of success with overall high degree of confidence in meeting the government's requirements. Average ConfidencePerformance met most contract requirements. Adequate quality. Problems were identified however; contractor usually took adequate corrective action. Performance was current and generally very relevant to semi-relevant. OR Although performance generally exceeds expectations and was generally rated excellent to very good the projects submitted were semi-relevant to the efforts required by this solicitation. Fair probability of success with an average degree of confidence the contractor will meet the government's requirements. Below Average ConfidencePerformance met some contract requirements. Fair quality. Problems were identified however; contractor sometimes took corrective action, but not always to the owner’s satisfaction. Performance was current and generally very relevant to semi-relevant. Probability of success is unclear with an overall below average degree of confidence the contractor will meet the government's requirements. Low Degree of ConfidencePerformance did not meet some contractual requirements. There were problems, some of a somewhat serious to serious nature. Contractor's corrective action was sometimes marginally effective to ineffective. Performance was current and generally relevant to semi- relevant. Probability of success is questionable with an unacceptably low degree of confidence the contractor will meet the government’s requirements. NeutralNo current and/or relevant performance record is identifiable upon which to base a meaningful performance risk prediction. A search was unable to identify any relevant Past Performance information for the offeror or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment. Unknown
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USA/NGB/DAHA14/W912JC-09-R-5725/listing.html)
Place of Performance: Address: MATES Facility, BLDG #1460, FT Riley, Kansas, 66442, United States; Zip Code: 66442
Record: SN01999051-W 20091107/091105235954-3ee88b49279ac8afa098f741a23d83c7 (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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30 -- Full Solicitation Transmission Dynamometer X-1100 + listed - Solicitation 2