Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF DECEMBER 23, 2016 FBO #5509
SOLICITATION NOTICE

V -- Oregon Youth Symposium - Combined Synopsis

Notice Date

12/21/2016
 

Notice Type

Presolicitation
 

NAICS

721110 — Hotels (except Casino Hotels) and Motels
 

Contracting Office

Department of the Army, National Guard Bureau, USPFO for Oregon, Attn: USPFO-P, PO Box 14840, Salem, Oregon, 97309-5008
 

ZIP Code

97309-5008
 

Solicitation Number

10950420
 

Archive Date

1/21/2017
 

Point of Contact

Richard Harvey, Phone: 503-584-3773
 

E-Mail Address

richard.a.harvey5.mil@mail.mil
(richard.a.harvey5.mil@mail.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

Combo Synopsis Action Code: Combined Synopsis/Solicitation Notice Class Code: V - 231 Subject: Provide Rooms, Conference Space, Meal and Services per the Performance Work Statement Solicitation Number: 10951664 Posted Date: 12-21-16 Set-Aside: Total Small Business Response Date: 1-6-16 @ 11:00 a.m. PST Contracting Office Address: United States Property and Fiscal Office, ATTN: USPFO-P, 1776 Militia Way/PO Box 14350, Salem, Oregon 97309-5047 Place of Performance: Bend OR, and Surrounding Area (TBA) Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The North American Industry Classification System (NAICS) code for this acquisition is 721110: Hotels (except Casino Hotels) and Motels. The United States Property and Fiscal Office of the Oregon Army National Guard is soliciting quotes to procure the following supply or services: Location: Bend, Oregon or within a 20 mile radius. Period of Performance: 26-30 April 2017 Requirements for your quote: Please submit a quote on your company letterhead showing a price per contract line item (CLIN), see below, price below, with a total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. The award will only be made to an offeror that is all-inclusive of the requirements on this solicitation. The Oregon National Guard intends to award directly with a venue. Offerors from third party vendors will not be considered. PRICES QUOTED MUST BE VALID FOR 30 DAYS. FOB Destination TO: Please return this page and provide the following information. Contact Person: __________________________________________ E-mail Address: __________________________________________ Telephone: ______________________________________________ DUNS Number: __________________________________________ CAGE Code: ____________________________________________ Federal Tax ID Number ____________________________________ Basis for Award and Evaluation Criteria: The Government will award one contract resulting from this solicitation in accordance with FAR 13.106 to the responsible offeror conforming to all requirements in this solicitation and quoting the lowest price offeror. It is also required that you provide adequate technical documentation as required by the Performance Work Statement in this solicitation to determine you are capable of providing this supply. Quotes providing Conference room breakouts, buffet meal breakdown, A/V equipment to be provided and Lodging room breakout will be evaluated for technical acceptance. It is also strongly encouraged that you provide information from previous requirements working with the government for technical evaluation. IMPORTANT NOTE: 3rd party vendors will be excluded from award Performance Work Statement April 26th - 30rd, 2017 Oregon Youth Symposium Bend Oregon (30 mile radius) Conference: April 26th, 2017 • One (1) conference room, to comfortably accommodate 30 people in a table rounds setting, also extra room for activities and additional tables/chairs requested, 11:00 AM - 11:00 PM. • Buffet style dinner for 22 people. Meals must be in accordance with Federal government rates for dinner rates for Bend OR ($26 for dinner). Meal must be delivered no later than 6:00 PM. • Wi-Fi readily available throughout conference times. Conference: April 27th, 2017 • One (1) conference room, to comfortably accommodate 30 people in a table rounds setting, also extra room for activities and additional tables/chairs requested, 7:00 AM - 11:00 PM. • Buffet style breakfast for 22 people. Meals must be in accordance with Federal government rates for breakfast rates for Bend OR ($13 for breakfast). Meal must be delivered no later than 8:00 AM. • Buffet style or boxed lunch for 22 people. Meals must be in accordance with Federal government rates for lunch rates for Bend OR ($15 for lunch). Meals must be delivered no later than 12:00 PM. (noon) • Buffet style dinner for 22 people. Meals must be in accordance with Federal government rates for dinner rates for Bend OR ($26 for dinner). Meals must be delivered no later than 6:00 PM. • Portable afternoon snack for 22 people (Please see below examples of snacks to be provided). Snacks are to be delivered no later than 3:00 PM. • Wi-Fi readily available throughout conference times. Conference: April 28th, 2017 • One (1) conference room, to comfortably accommodate 30 people in a table rounds or classroom setting, also extra space needed for youth activities and A/V requirements, 7:00 AM - 2:00 PM. • One (1) conference room, to comfortably accommodate 100 people in a table rounds setting, also extra space needed for youth activities and A/V requirements, 7:00 AM - 10:00 PM. • Four (4) additional conference rooms, to comfortably accommodate 50 people in a table rounds setting, also extra room for activities and additional tables/chairs requested. These rooms must be separate from each other, 7:00 AM - 10:00 PM. • Buffet style breakfast for 22 people. Meals must be in accordance with Federal government rates for breakfast rates for Bend OR ($13 for breakfast). Meals must delivered no later than 8:00 AM. • Buffet style or boxed lunch for 22 people. Meals must be in accordance with Federal government rates for lunch rates for Bend OR ($15 for lunch). Meals must be delivered no later than 12:00 PM (noon). • Buffet style dinner for 22 people. Meals must be in accordance with Federal government rates for dinner rates for Bend OR ($26 for dinner). Meals must be delivered no later than 6:00 PM. • Evening snack for 22 people (Please see below examples of snacks to be provided). Snacks are to be delivered no later than 7:30 PM. • 4 - 8' tables to be utilized in the conference room for youth activities. • Wi-Fi readily available throughout conference times. Conference: April 29th, 2017 • One (1) conference room, to comfortably accommodate 100 people in a table rounds setting, also extra room for activities and additional tables/chairs requested, 7:00 AM - 10:00 PM. • Four (4) additional conference rooms, to comfortably accommodate 50 people in a table rounds setting, also extra room for activities and additional tables/chairs requested. These rooms must be separate from each other, 7:00AM - 10:00PM. • Buffet style breakfast for 60 people. Meals must be in accordance with Federal government rates for breakfast rates for Bend OR ($13 for breakfast). Meals must delivered no later than 8:00 AM. • Buffet style or boxed lunch for 60 people. Meals must be in accordance with Federal government rates for lunch rates for Bend OR ($15 for lunch). Meals must be delivered no later than 12:00 PM (noon). • Buffet style dinner for 60 people. Meals must be in accordance with Federal government rates for dinner rates for Bend OR ($26 for dinner). Meals must be delivered no later than 6:00 PM. • Portable afternoon snack for 60 people (Please see below examples of snacks to be provided). Snacks are to be delivered no later than 3:00 PM. • 10 - 8' tables and 50 chairs to be utilized in the main conference room for youth presentation. • Wi-Fi readily available throughout conference times. Conference: April 30th, 2017 • One (1) conference room, to comfortably accommodate 100 people in a table rounds setting, also extra room for activities and additional tables/chairs requested, 7:00 AM - 5:00 PM. • Four (4) additional conference rooms, to comfortably accommodate 50 people in a table rounds setting, also extra room for activities and additional tables/chairs requested. These rooms must be separate from each other, 7:00 AM - 5:00 PM. • In addition, One (1) conference room, to comfortably accommodate 125 people in a table rounds or classroom setting for youth presentation, 11:00 PM - 5:00 PM. Podium must be available. • Buffet style breakfast for 60 people. Meals must be in accordance with Federal government rates for breakfast rates for Bend OR ($13 for breakfast). Meals must delivered no later than 8:00 AM. • Buffet style lunch for 60 people. Meals must be in accordance with Federal government rates for lunch rates for Bend OR ($15 for lunch). Meals must be delivered no later than 12:00 PM (noon). • Portable afternoon snack for 60 people (Please see below examples of snacks to be provided). To be delivered no later than 3:00 PM. Lodging: • 9 double rooms April 26th, 2017 lodging list will be provided within the release date requirements of this venue. Rooms must be in accordance with Federal government travel rates for Bend OR ($105). • 9 double rooms April 27th, 2017, lodging list will be provided within the release date requirements of this venue. Rooms must be in accordance with Federal government travel rates for Bend OR ($105). • 59 double rooms April 28th, 2017, lodging list will be provided within the release date requirements of this venue. Rooms must be in accordance with Federal government travel rates for Bend OR ($105). • 59 double rooms April 29th, 2017, lodging list will be provided within the release date requirements of this venue. Rooms must be in accordance with Federal government travel rates for Bend OR ($105). CLIN 0001 Conference Rooms TOTAL tiny_mce_marker______________ CLIN 0002 Audio/Visual Equipment TOTAL tiny_mce_marker_____________ CLIN 0003 Buffet Style Breakfast Catered Meals for 164 people TOTAL tiny_mce_marker________________ CLIN 0004 Buffet Style Lunch Catered Meals for 164 people TOTAL tiny_mce_marker________________ CLIN 0005 Buffet Style Lunch Catered Meals for 126 people TOTAL tiny_mce_marker________________ CLIN 0006 Lodging - 136 Rooms TOTAL tiny_mce_marker______________ TOTAL tiny_mce_marker___________________ Rooms for lodging must be in close proximity for youth safety. All conference rooms must be indoors. All venue space must be located on the same property. Cost will be inclusive of all taxes and service charges. All set up and break down of tables, chairs, equipment and meals will be completed by venue staff, and must be included into you're quote. Within your quote provide a cutoff date for changes to the Purchase Order, for reasonable modifications. Requirements for Meals • Main Meals- Examples listed below 1. Chicken Wrap, bag of chips (baked preferred), fresh fruit (no grapes or strawberries), cookie or pudding cup, choice of white or chocolate milk 2. Taco Bar, Tortilla chips, salsa, fresh fruit (no grapes or strawberries), cookie or pudding cup, choice of white or chocolate milk 3. Pasta Bar, steamed veggies, fresh fruit (no grapes or strawberries), cookie or pudding cup, choice of white or chocolate milk IMPORTANT NOTE: All meals must be in accordance with the ORARNG 14 day meal cycle attached. Requirements for Snacks Following are examples of approved snacks & meals: Before award, please provide a sample of per diem snack items to be provided. • Samples of Snacks with Water 1. Goldfish crackers with apple slices 2. String cheese with fruit ** Special Requirements** Due to allergies and special needs, the following items will NOT be approved: 1. Nuts or seeds of any kind (peanut butter, 7 grain bread, etc.) 2. Strawberries 3. Grapes 4. Hot dogs *Vegetarian and gluten free options required with each order Before and upon contract award, all meal times and menu items will be solidified and approved by a government official. Terms and Conditions Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors' proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors' proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text through http://farsite.hill.af.mil. FAR 52.204-7, Systems for Award Management. FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.237-1, Site Visit FAR 52.212-1, Instructions to Offerors-Commercial. FAR 52.212-2, Evaluation-Commercial Items Evaluation. 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, lowest price of all item "all or none". FAR 52.212-3, Offerors Representation and Certifications Commercial Item or complete electronic annual representations and certifications via the System for Award Management (SAM). Implement Statutes or Executive Orders-Commercial Item are incorporated by reference, however, for paragraphs (b) and (c) the following clauses apply. FAR 52.222-21, Prohibition Of Segregated Facilities. FAR 52.222-26, Equal Opportunity. FAR 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era. FAR 52.222-36, Affirmative Action for Workers With Disabilities. FAR 52.222-37, Employment Reports On Disabled Veterans And Veterans Of The Vietnam Era. FAR 52.222-54, Employment Eligibility Verification. FAR 52.232-33, Payment by Electronic Funds Transfer--System for Award Management. FAR 52.232-36, Payment by Third Party. FAR 52.225-1, Buy American - Supplies. FAR 52.211-6, Brand Name or Equal (for commodities when purchase description is brand name or equal). FAR 52. 211-17, Delivery of Excess Quantities (for multiple quantities). FAR 52.219-6, Notice of Total Small Business Set-Aside. FAR 52.219-28, Post Award Small Business Representation. FAR 52.222-50, Combating Trafficking in Persons. FAR 52.225-13, Restrictions on Certain Foreign Purchases. FAR 52.253-1, Computer Generated Forms (when contractor is required to submit data). FAR 52.232-18 -- Availability of Funds. DFARS 252.211-7003, Item Identification and Valuation.DFARS 252.212-7000, Offeror Representations and Certifications - Commercial Items. DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. DFARS 252.225-7000, Buy American Act (BAA) - Balance of Payments Program Certificate (when applicable). DFARS 252-225.7001, BAA - Balance of Payments Program. DFARS 252.225-7002, Qualifying Country Sources as Subcontractors. DFARS 252.225-7012, Preference for Certain Domestic Commodities. DFARS 252.232-7003, Electronic Submission of Payment Requests. DFARS 252.243-7002, Request for Equitable Adjustment. DFARS 252.246-7000, Material Inspection And Receiving Report. DFARS 252.247-7023, Transportation of Supplies by Sea, Alternate III. DFARS 252.215-7008, Only One Offer. DFARS 252.209-7993, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law- Fiscal Year 2014 Appropriations. DFARS 252.232-7006, Wide Area Workflow Payment Instructions. DFARS 252.204-7012, Safeguarding Unclassified Controlled Technical Information. DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors DFARS 252.244-7000 Subcontracts for Commercial Items 52.212-4 -- Contract Terms and Conditions -- Commercial Items. As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions -- Commercial Items (May 2015) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or performance of nonconforming services at no increase in contract price. If repair/replacement or performance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include - (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2) (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initialregistration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in 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 SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (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. (iii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM 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 SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of Clause) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Sep 2016) (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)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 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) 52.252-2 -- 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): http://farsite.hill.af.mil/vffara.htm (End of Clause) 52.252-6 -- Authorized Deviations in Clauses. (a) The use in this solicitation or contract of any Federal Acquisition Regulation FAR (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 DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) This announcement is the solicitation which will result in a firm fixed-price contract. Offerors can submit their proposal any time before the due date to: CPT Richard A. Harvey at richard.a.harvey5.mil@mail.mil Phone: 503-584-3771.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/USA/NGB/DAHA35/10950420/listing.html)
 

Place of Performance

Address: TBD, Bend, Oregon, 97702, United States

Zip Code: 97702
 

Record

SN04357290-W 20161223/161221234443-440a9a657e7add7783abfcdec9ebfb3f (fbodaily.com)
 

Source

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

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