Loren Data's SAM Daily™

FBO DAILY ISSUE OF FEBRUARY 21, 2010 FBO #3011
MODIFICATION

W -- Portable Showers for Camp Edwards, MA - Questions and Answers 1

Notice Date

2/19/2010
 

Notice Type

Modification/Amendment
 

NAICS

532120 — Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing
 

Contracting Office

Department of the Army, National Guard Bureau, USPFO for Massachusetts, 50 Maple Street, Milford, Massachusetts, 01757-3604
 

ZIP Code

01757-3604
 

Solicitation Number

W912SV-10-R-0016
 

Archive Date

3/17/2010
 

Point of Contact

Melissa S Larson, Phone: 5082337498, Erika L Reinikainen, Phone: 508-233-6669
 

E-Mail Address

melissa.s.larson@us.army.mil, erika.reinikainen@us.army.mil
(melissa.s.larson@us.army.mil, erika.reinikainen@us.army.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

Questions and Answers 1 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-38, effective December 10, 2009. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is W912SV-10-R-0016 and is issued as a request for proposals (RFP), unless otherwise indicated herein. This will be a 100% Small Business Set Aside acquisition under NAICS code 532120, with a small business size standard of $25.5 million. SPECIFICATIONS: This solicitation is for the lease of the following initial equipment for the period of 1 April 2010 until 30 September 2010: Minimum quantity of 32-shower stall portable shower trailer/containerized units (1 or 2 units only) with: 1. Private shower stalls each with curtains, partition separated by gender at a three (3) to one (1) ratio male to female 2. Private dressing areas for each gender 3. Each shower needs to have hot water/cold water temperature control 4. 2,000 gallon on-board water storage reservoir 5. 80 Gallon (min) on demand hot water tank - propane (liquefied propane LP) powered 6. Controlled thermostat 7. Complete ventilation system 8. Minimum of one sink and mirror per three (3) shower stalls Additional Equipment required for 1 June 2010 until 30 June 2010: Minimum quantity of 50 (bring total to 82) shower stall portable shower trailer/containerized units (2 or 3 units only) with: 1. Private shower stalls each with curtains, no separation necessary for gender (all male) 2. Each shower needs to have hot water/cold water temperature control 3. 2,000 gallon on-board water storage reservoir 4. 80 Gallon (min) on demand hot water tank - propane (liquefied propane LP) powered 5. Controlled thermostat 6. Complete ventilation system 7. Minimum of one (1) sink and mirror per three (3) shower stalls Government shall provide water source for up to one (1) inch diameter fitting, electric power source (220v, 60-amp single phase, maximum available) and waste disposal point under or near trailers. Method of heating water for showers must be propane (LP). The propane will be provided by the Government. Exterior of trailers must be labeled inconspicuously and be of subdued colors (black, white, tan, brown, olive drab, sand, etc). The resulting contract will include delivery, set-up, tear down, and removal of trailers/containers to Camp Edwards Training Site (TTB) in Massachusetts. The contractor shall be responsible to provide emergency repairs resulting from normal wear-and-tear to the trailers as necessary within 24 hours of being notified of the emergency. The Government shall be responsible for cleaning the trailers/containers during the requested period of performance. The initial trailer/containers need to be delivered and fully operational no later than April 1, 2010. The additional trailer/containers need to be delivered and fully operational no later than June 1, 2010. There are two areas that are shown on the enclosed TTB Drawing that are set aside for the required equipment: 1. The TTB area is 40 feet deep by 150 feet long and can accommodate hookups for a maximum of 5 trailer/containers 2. The HLZ area is 30 feet deep by 80 feet wide and can accommodate hookups for a maximum of 4 trailer/containers Shower trailers/containers can be placed in any configuration within these designated areas that the contractor feels is appropriate. Please see enclosed Statement of Work for further Specifications. TECHNICAL FACTORS: Water storage capacity, hot/cold water temperature control, hot water tank capacity, propane powered, and controlled thermostat. PAST PERFORMANCE: The offeror shall submit (with quote) past/present performance references on enclosed reference checklist completed by the customer or the firm on not less than three (3) and not more than (5) contracts that demonstrate experience in performing work that is similar in scope, size, complexity, and proof that emergency maintenance service was included. EVALUATION FACTORS: The Government intends to award a Firm Fixed Price (FFP) contract based on the best value offered as a result of this combined synopsis/solicitation. To be considered technically acceptable the offeror will have to: (1) Provide a product that meets or exceeds the requirements listed in the SPECIFICATIONS paragraph of this document and enclosed Performance Work Statement. (2) Meet the delivery/installation deadline of April 1, 2010 for the initial equipment and June 1, 2010 for the additional equipment (3) Past performance in similar acquisitions INSTRUCTIONS: Offers shall include (1) A detailed proposal that shows the individual cost of each CLIN and the total cost of all CLINs for delivery, set up, tear down, and removal of the following: CLIN 0001 Period of Performance 1 April 2010 until 30 September 2010. Minimum quantity of 32-shower stall portable shower trailer/containerized units (1 or 2 units only) with: 1. Private shower stalls each with curtains, partition separated by gender at a three (3) to one (1) ratio male to female 2. Private dressing areas for each gender 3. Each shower needs to have hot water/cold water temperature control 4. 2,000 gallon on-board water storage reservoir 5. 80 Gallon (min) on demand hot water tank - propane (liquefied propane LP) powered 6. Controlled thermostat 7. Complete ventilation system 8. Minimum of one sink and mirror per three (3) shower stalls CLIN 0002 Additional Equipment required for 1 June 2010 until 30 June 2010: Minimum quantity of 50 (bring total to 82) shower stall portable shower trailer/containerized units (2 or 3 units only) with: 1. Private shower stalls each with curtains, no separation necessary for gender (all male) 2. Each shower needs to have hot water/cold water temperature control 3. 2,000 gallon on-board water storage reservoir 4. 80 Gallon (min) on demand hot water tank - propane (liquefied propane LP) powered 5. Controlled thermostat 6. Complete ventilation system 7. Minimum of one (1) sink and mirror per three (3) shower stalls CLIN 0003 Option 1 to extend the initial equipment described in CLIN 0001 for a period of one month. Period of performance is 1 October 2010 until 31 October 2010. CLIN 0004 Option 2 to extend the initial equipment described in CLIN 0001 for a period of one month. Period of performance is 1 November 2010 until 30 November 2010. (2) A detailed description AND photo of the inside and outside of the offered equipment. The actual measurements of the offered equipment must also be included. (3) Between 3 and 5 completed past performance reference checklists (enclosed). (4) Proposed delivery, setup, and teardown schedule. (5) A written statement accepting all modifications to solicitation number W912SV-10-R-0016 (6) Completed provision at FAR 52.212-3 Alt 1, Offeror Representations and Certifications Commercial Items, DFARS 252.212-7000, Offeror Representations and Certifications - Commercial Items and DFARS 252.225-7000, Buy American Act-Balance of Payment Certificate, or a completed registration on the ORCA website at https://orca.bpn.gov. **Failure to provide the above listed items with your offer may cause your offer to be considered non-responsive. Proposals shall be received NLT 1:00 PM eastern standard time on Tuesday March 2, 2010. Offers may be sent via email to SGT Melissa Larson at melissa.s.larson@us.army.mil AND WO1 Erika Reinikainen at erika.reinikainen@us.army.mil or delivered to Purchasing and Contracting 50 Maple Street Milford, MA 01757 to the attention of SGT Melissa Larson (508-233-7498). All offers shall be clearly marked with solicitation number W912SV-10-R-0016. Offers sent via facsimile will not be accepted. Questions regarding this solicitation must be in writing and may be sent via email to the addresses above. This solicitation is not a competitive bid and there will not be a formal public bid opening. All inquiries and questions MUST be in writing via EMAIL to melissa.s.larson@us.army.mil with a courtesy copy to erika.reinikainen@us.army.mil. Questions are due no later than Thursday February 25, 2010 at 1:00 PM Eastern Standard Time. All questions and requests for information (RFI) must be in writing and received NOT LATER THAN (3) business days prior to RFP closing. The Contracting Officer reserves the right to address questions received after the third (3) business day prior to solicitation closing with those offers deemed responsive and/or in the competitive range after closing. All answers will be provided in writing via posting to the FedBizOpps web site. DISCLAIMER: This solicitation will be located on the official government web page, FedBizOpps, and the government is not liable for information furnished by any other source. Amendments, if/when issued will be posted to the FedBizOpps web site. This will normally be the only method of distributing amendments and addendum prior to closing; therefore, it is the offerors responsibility to check the website periodically for any amendments to the solicitation. Websites are occasionally inaccessible due to various reasons. The Government is not responsible for any loss of internet connectivity or for an offerors inability to access the documents posted on the referenced web pages. The Government will issue no paper copies. ADDITIONAL INFORMATION: 1. In accordance with FAR 52.212-1(k), prospective awardees shall be registered and active in the CCR database prior to award. Offerors may obtain information on registration at www.ccr.gov. And also in accordance with FAR 52.212-3, Offeror Representations and Certifications Commercial Items, Offerors shall have completed registration on the ORCA website at https://orca.bpn.gov. 2. Invoicing instructions. a. Invoices shall be submitted on a monthly basis to the Contracting Officer's Representative (COR) with a courtesy copy to USPFO-MA, Purchasing & Contracting, 50 Maple Street, Milford, MA 01757. b. The COR for Camp Edwards shall review the invoice and complete a copy of a DD Form 250 indicating acceptance of the services. The COR shall forward the completed copy of the DD 250 to USPFO-MA, Purchasing and Contracting, 50 Maple Street, Milford, MA 01757. c. The Contracting Officer shall forward copies of the invoice and DD Form 250 to USPFO Fiscal Office, 50 Maple Street, Milford, MA 01757 for payment. Note: The Massachusetts Army National Guard is in the process of implementing Wide Area Work Flow (WAWF), a web-based, electronic invoicing system. Invoice payments will be made through WAWF if implemented during the life of this contract. Complete instructions on WAWF procedures as they relate to this contract shall be furnished. Vendors who are unfamiliar with WAWF may start training on the system at www.wawftraining.com. However, until the Massachusetts Army National Guard implements WAWF, the above stated procedures will remain in effect. Enclosures: Performance Work Statement Reference Checklist TTB Site Drawing Site Picture APPLICABLE PROVISIONS AND CLAUSES: The following clauses and provision are incorporated by reference. FAR and DFARS clauses and provisions can be read in their full text at http://farsite.hill.af.mil. The clauses are to remain in full force in any resultant contract: Clauses Incorporated by Reference: 52.203-6 Alt 1 Restrictions on Subcontractor Sales to the Government 52.204-4 Printed or Copied Double-Sided on Recycled Paper 52.204-7 Central Contractor Registration 52.204-9 Personal Identity Verification of Contractor Personnel 52.212-1 Instruction to Offerors-Commercial Items 52.212-3 Alt. 1 Offeror Representations and Certifications -- Commercial Items 52.212-4 Contract Terms and Conditions -- Commercial Items 52.219-6 Notice of Total Small Business Set-Aside 52.219-8 Utilization of Small Business Concerns (DEVIATION) 52.219-14 Limitations on Subcontracting 52.219-28 Post-Award Small Business Program Rerepresentation. 52.222-3 Convict Labor 52.222-19 Child Labor-Cooperation with Authorities and Remedies 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans 52.222-36 Affirmative Action for Workers with Disabilities 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans 52.222-50 Combating Trafficking in Persons 52.223-5 Pollution Prevention and Right-to-Know Information 52.223-15 Energy Efficiency in Energy-Consuming Products 52.225-13 Restrictions on Certain Foreign Purchases 52.228-5 Insurance - Work On A Government Installation 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration 52.233-3 Protest after Award 52.233-4 Applicable Law for Breach of Contract Claim 52.237-1 Site Visit 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation 52.246-2 Inspection of Supplies-Fixed-Price 252.201-7000 Contracting Officer's Representative 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country 252.223-7006 Prohibition On Storage and Disposal of Toxic And Hazardous Materials 252.232-7010 Levies on Contract Payments Clauses Incorporated by full text: 52.212-2 Evaluation-Commercial Items. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (1) Provide a product that meets or exceeds the requirements listed in the SPECIFICATIONS paragraph of this document and enclosed Performance Work Statement. (2) Meet the delivery/installation deadline of April 1, 2010 for the initial equipment and June 1, 2010 for the additional equipment (3) Past performance in similar acquisitions Technical and past performance, when combined, are approximately equal to cost or price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2009) (DEVIATION) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) Reserved. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.217-9 Option to Extend the Term of the Contract. As prescribed in 17.208(g), insert a clause substantially the same as the following: OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 9 months. (End of clause) 52.232-19 Availability of Funds for the Next Fiscal Year. As prescribed in 32.705-1(b), insert the following clause in solicitations and contracts if a one-year indefinite-quantity or requirements contract for services is contemplated and the contract (a) is funded by annual appropriations and (b) is to extend beyond the initial fiscal year (see 32.703-2(b)): AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond one year after date of award. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond one year after date of award, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) 52.233-2 -- Service of Protest. As prescribed in 33.106, insert the following provision: Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from CW4 Thomas Lamont. USP&FO for MA ATTN: CW4 Thomas Lamont 50 Maple Street (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: http://farsite.hill.af.mil (End of Clause) 52.252-6 Authorized Deviations in Clauses. AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation. (48 CFR) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 252.212-7000 Offeror Representations and Certifications--Commercial Items. As prescribed in 212.301(f)(ii), use the following provision: OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2005) (a) Definitions. As used in this clause- (1) "Foreign person" means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) "United States" means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) "United States person" is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it- (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___________Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___________Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. As prescribed in 212.301(f)(iii), use the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (NOV 2009) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. _X_ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) _X__ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181). (2) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (3) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637). (4) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note). (5) __X_ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582). (6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (8) _X_ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a). (9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). (11) ____ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (14)(i) _X_ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JUL 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). (ii) ___ Alternate I (JUL 2009) of 252.225-7036. (15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (16) _X_ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts). (17) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320). (18) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). (19) _X_ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (20) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (21) _X_ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (22)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417). (23)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) ____ Alternate I (MAR 2000) of 252.247-7023. (iii) ____ Alternate II (MAR 2000) of 252.247-7023. (iv) _X_ Alternate III (MAY 2002) of 252.247-7023. (24) _X_ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (2) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417). (3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause) 252.225-7000 Buy American Act--Balance of Payments Program Certificate. As prescribed in 225.1101(1), use the following provision: BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (JAN 2009) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States" have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government- (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that- (i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and (ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: Line Item Number Country of Origin (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of "domestic end product": Line Item Number Country of Origin (If known) (End of provision) 252.225-7035 Buy American Act--Free Trade Agreements--Balance of Payments Program Certificate. As prescribed in 225.1101(10), use the following provision: BUY AMERICAN ACT--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (DEC 2009) (a) Definitions. "Bahrainian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "foreign end product," "Moroccan end product," "qualifying country end product," and "United States," as used in this provision, have the meanings given in the Buy American Act--Free Trade Agreements--Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government- (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) For line items subject to Free Trade Agreements, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahrainian end products or Moroccan end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act-Free Trade Agreements-Balance of Payments Program clause of this solicitation, the offeror certifies that- (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; and (ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror shall identify all end products that are not domestic end products. (i) The offeror certifies that the following supplies are qualifying country (except Australian or Canadian) end products: (Line Item Number) (Country of Origin) (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products or Moroccan end products: (Line Item Number) (Country of Origin) (iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of "domestic end product": (Line Item Number) (Country of Origin (If known)) (End of provision)
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/USA/NGB/DAHA19/W912SV-10-R-0016/listing.html)
 

Place of Performance

Address: TTB Kelley, Camp Edwards, Massachusetts, 02542, United States

Zip Code: 02542
 

Record

SN02070227-W 20100221/100219235806-d949ac13aa4ea4eed9506827bc4df551 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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