FBODaily.com | FedBizOpps: PRESOL | 71 | USARIEM BLDG 41 INITIAL OUTFITTING - (Draft)

FBO DAILY - FEDBIZOPPS ISSUE OF JULY 19, 2018 FBO #6082
SOLICITATION NOTICE

71 -- USARIEM BLDG 41 INITIAL OUTFITTING - (Draft)

Notice Date: 7/17/2018
Notice Type: Combined Synopsis/Solicitation
NAICS: 337127 — Institutional Furniture Manufacturing
Contracting Office: Department of the Army, U.S. Army Corps of Engineers, USACE District, Little Rock, Attn: CESWL-CT, PO Box 867, Little Rock, Arkansas, 72203-0867, United States
ZIP Code: 72203-0867
Solicitation Number: W9127S18R6022
Archive Date: 9/4/2018
Point of Contact: Vickey J. Polson, Phone: 5013401279, Lakisha D. Vance, Phone: 5013401264
E-Mail Address: vickey.j.polson@usace.army.mil, lakisha.d.vance@usace.army.mil
(vickey.j.polson@usace.army.mil, lakisha.d.vance@usace.army.mil)
Small Business Set-Aside: Service-Disabled Veteran-Owned Small Business
Description: Attachment 6 - Plans Attachment 5 - Exterior Photos Attachment 4 - Commodity Specifications Attachment 3 - Reuse Disposal List Attachment 2 - Past Performance Attachment 1 - Bid Schedule COMBINED SYNOPSIS/SOLICITATION 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 simplified acquisition procedures of FAR Part 13 will be used in conjunction with commercial items procedures of FAR Part 12. The Solicitation number is W9127S-18-R-6022. This solicitation is issued as a request for proposal (RFP). Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95, effective January 17, 2017. This is a total set-aside for Service-Disabled Veteran-Owned Small Businesses only. NAICS code is 337127, size standard is 500 employees. All proposals shall be submitted no later than August 20, by 2:00 PM central time. Please contact the Contract Specialist, Vickey Polson, for all solicitation documents at vickey.j.polson@usace.army.mil. The Contracting Officer is Lakisha Vance at lakisha.d.vance@usace.army.mil. STATEMENT OF WORK STATEMENT OF WORK INITIAL OUTFITTING OF U.S. ARMY RESEARCH INSTITUTE OF ENVIRONMENTAL MEDICINE BUILDING 42 ADDITION U.S. ARMY NATICK SOLDIER SYSTEMS CENTER, MA SECTION 1: OVERVIEW 1.1 Customer Overview The U.S. Army Medical Research and Materiel Command (MRMC) is responsible for the programming, planning, design, construction and initial outfitting (IO) of United States Army Medical Research Facilities worldwide. To meet the IO requirements, MRMC requires a contracting vehicle that utilizes experienced companies, suppliers and vendors who are able to rapidly respond to multiple requirements, meet constrained project schedules, and provide a variety of commodities, products and IO services, from planning through warranty. The contracting vehicle, of which this Statement of Work (SOW) is a part, enables the Army to standardize execution, minimize acquisition lead-times and costs, work multiple projects concurrently and complete projects on schedule. 1.2 Project Description Initial Outfitting and Transition (IO&T) project for the U.S. Army Research Institute of Environmental Medicine (USARIEM) at the Soldiers System Center in Natick, Massachusetts. The project will provide initial outfitting for a new addition to Building 42, an 8,400 SF newly constructed building, and transition out of Building 30 and some spaces within the existing Building 42. The facility will house an Occupational Health/Preventative Medicine and Industrial Hygiene Clinic, the Military Nutrition Research Division, and the Office of Military Medical Support and Oversight. 1.3 Project Schedule At time of solicitation, the project schedule is as follows: Event Anticipated Date Construction Start 1 April 2018 BOD 1 Nov 2018 OFB 1 Dec 2018 IO Contract Completion 1 Mar 2019 1.4 Project-Specific Requirements IO Contractor shall conduct site verification, 1 round of user meetings, 1 user review, and submit one IO Submittal. After government review and comments, the IO Contractor shall submit one IO Corrected Final Submittal. As part of IO Submittal, IO contractor shall develop a seismic anchoring plan for any piece of furniture or equipment over 300 lbs. The IO Contractor shall have from BOD to OFB to provide turn-key site activation of the Building 42 Addition. The IO Contractor shall transition Occupational Health/Preventative Medicine and Industrial Hygiene Clinic, the Military Nutrition Research Division, and the Office of Military Medical Support and Oversight. The IO Contractor shall procure and install the new commodities in accordance with the Attachment 1-Bid Schedule, Attachment 2-Plans, and IO Corrected Final Submittal. Building 30 is directly across 5th Ave. from Building 42 and the Building 42 Addition. Commodities in Building 30 shall either be transitioned or disposed. There are a few items in Building 42 that will be transitioned or disposed. All transitioned items will be moved into the Building 42 Addition. Please see Attachment 3-Reuse/Disposal List for transition/disposal specifications. After transition and disposal, Building 30 will be turned over to the base facilities manager. Wall and floor protection is required during transition and installation in all buildings. IO Contractor shall inspect all items marked for either reuse or disposition. IO Contractor shall refine reuse and disposition lists based on serviceable condition of commodities and staff input. All items identified for reuse shall be moved from their current location into the Building 42 Addition at BOD. Please refer to Attachment 3-Reuse/Disposal List, for scope of transition. For disposal information, please contact the DLA Disposition Services representative for Soldier's System Center Natick: Donna Stok (508) 233-5562 All items identified for disposal shall be coordinated with the on-site DLA Disposition Services office. The IO Contractor shall transfer all disposal items from USARIEM to the DLA Disposition Services warehouse located on Soldier's System Center Natick. DLA Disposition Services allows turn in by appointment only. Property must packed for safe handling and be palletized for offload by forklift. 3 copies of DD1348-1A Disposal Turn in Document (DTID) must be attached to the corresponding item in packing envelopes prior to delivery. Unserviceable or broken furniture should be disposed of locally as refuse. Unserviceable items containing fluids need to be drained and purged and annotation reflecting this on turn in document. DD1348-1A turn in documents shall require POC and phone number to resolve any issues after turn in. If items do not have a valid NSN (national stock number), a LSN (local stock number) shall be used from a DLA DS master LSN list. Demil Codes, Condition Codes and acquisition value shall also be included on DD1348-1A. If any property has a Demil Code of C or D, it shall be brought to the DLA Disposition Services for shipment directly to the DLA Central Demil Center. Demil Code F shall have additional instructions from the item manager that must be complied with prior to turn in. Serviceable refrigerators will be accepted by DLA DS. If refrigerators are rejected by DLA DS, then it shall be turned in to the Base Recycle Center. Serviceable refrigerators must be clean, and turn in document annotated "Contains Refrigerant". Unserviceable refrigerators shall be turned in to the Base Recycling Center to be drained and recycled. Hazardous Material shall be turned in to the Environmental Office on station for disposal. DO NOT SHIP hazardous material to DLA DS. Computer hardware will be accepted by DLA DS. Hard drives shall be removed/degaussed prior to DLA DS turn in. DLA2500 Certificate of Hard Drive Disposition must be properly completed and attached to each computer, annotating whether hard drive was removed, degaussed or overwritten in accordance with DOD Memo. All fields must be filled in to include DTID (disposal turn in document) Number, Generator/Activity Name, POC, phone, email, rank and date of person removing hard drive. Any medical equipment that was in contact with patients requires a medical sanitation certificate attached to the turn in document stating: "I certify that the ________ has been cleaned and sanitized in accordance with DOD 4160.21-M, Vol 4 Para 95 c". If medical equipment is new and never been used, annotate in comments of turn in document. 1.5 Scope of Initial Outfitting Initial Outfitting (IO) is any commodity-related planning, transition, procurement, installation, warranting, and activation required for outfitting a new or newly renovated facility. IO Commodities may include artwork, furniture, fixtures, equipment, casegoods, medical equipment, low voltage systems, signage and wayfinding. Development of IO requirements and IO integration into the project should be accomplished concurrently with construction activities. 1.5.1 Initial Outfitting-Transition (IO-T) IO-T includes project management, planning services, space planning, transition planning, commodity requirements planning, public relations planning, relocation management, project phasing support, public relations support, validation of new and reuse commodities as well as disposal of commodities. IO-T includes taking inventory of all existing systems, identifying commodity requirements, conducting user interviews and developing requirements for all new commodities. Key deliverables for IO-T are IO Submittals. The IO-T process runs the entire span of the project and does not end until the contract is complete. IO-T takes place first, but continues throughout the period of performance of the contract as IO contract requirements evolve from changes within the scope of this contract. 1.5.2 Initial Outfitting - Commodities (IO-C) IO-C includes the procurement of new commodities, delivery, warehousing/storage of new and reuse items, installation, excessing, disposal, certification, warranting, and familiarization training of all commodities planned during IO-T. IO-C also includes public relations materials and events, moving services, Operation and Maintenance (O&M) manuals, contractor supplied warehousing/storage, and public relations. 1.5.3 Validation of Commodities Validation of Commodities includes the following: a. Complete a thorough inventory of existing facilities and check inventory against new procurement list. b. Check all existing commodities to ensure they are listed and accounted for in all inventory and subsequent project documents c. Ensure all new and reuse commodities planned for the project meet operability, durability and DoD / MRMC facility safety requirements d. Ensure all new and reuse commodities are included and accounted for in room by room and master equipment lists e. Ensure all new and reuse commodities fit within allowable space in new facility, are supported by all necessary utilities to function in accordance with the manufacturer's specifications. f. Ensure commodities meet all current codes, including Army and life safety requirements. (e.g., ensure correct power voltage, power cords, placement of cords, shielding, exhausts, venting, floor drains, air temperature, water volume and temperature are available for the commodity to operate properly). g. Ensure commodities are properly located for optimal operation by Users. h. Ensure commodities have all attachments and accessories necessary for proper operation. Commodities must be complete and usable prior to acceptance. i. Ensure all commodities and reuse items can be delivered and installed in specified locations without damage to existing facility, new facility or commodities. j. Ensure commodities fit through any doors, windows, elevators, stairwells, hallways and etc. as required for proper installation. k. Show new and reuse commodities on drawings to scale. l. Color code new and reuse commodities on drawings. m. Ensure MRMC Project Officers and Users are partners in the FF&E review process. n. Following validation of commodities, reuse commodities should be denoted as "reuse-Transition" or "reuse-DRMO". o. The IO Contractor shall prepare all required equipment receipt forms per the direction of MRMC Project Officer. The IO Contractor shall also provide a detailed spreadsheet with a complete listing of all purchased commodities at final turnover. The spreadsheet will at the minimum include commodity product number, JSN number, room number and department. p. The IO Contractor and User may make commodity selection recommendations, however, the final approval for procurement of new commodities and reuse of existing commodities resides with MRMC Project Officer and will be provided in writing. SECTION 2: INITIAL OUTFITTING TASKS 2.1 Overview The IO Contractor shall provide initial outfitting services and commodities for the IO-T and IO-C. The requirement for IO services, IO schedule dates and commodity purchase may change. The IO Contractor must have adequate personnel available to accommodate considerable planning throughout the period of performance, changes to the commodity list, changes to reuse plan, changes to the amount of required disposal and purchase of additional commodities identified throughout the IO-T process. 2.2 Site Verification The IO Contractor shall conduct an initial site visit / verification within 14 days of contract award. At BOD, the IO Contractor shall perform site verification to ensure the spaces being turned over to IO Contractor are in accordance with the contract. 2.3 IO Submittal The IO Contractor shall provide IO Submittal in accordance with the format detailed in SOW paragraph 2.10. This submittal shall be delivered to the Government in accordance with the date established on the IO Master Schedule. 2.4 Reserved 2.5 Reserved 2.6 IO Corrected Final Submittal After the final IO Submittal, the Government shall have 14 days for review, then will submit comments and corrections to the IO Contractor. The IO Contractor shall have 7 days to make the necessary corrections; the IO Contractor will then submit the Corrected Final Submittal in accordance with the format detailed in SOW paragraph 2.10. 2.7 Initial Outfitting Changes The Initial Outfitting process must be adaptable to changes throughout the period of performance. Changes may require the IO Contractor to resubmit all or part of Submittals, attend additional meetings or teleconferences, plan additional commodities and provide an updated change tracker. The commodities list may change throughout the period of performance of the contract through identification of additional commodities needed, changes to specifications and designs, supporting commodities needed to make other commodities functional and deletion of commodities. The IO Contractor shall include in their bid the personnel necessary to accomplish considerable re-planning efforts. 2.8 Initial Outfitting Commodities The IO Contractor is responsible for procurement, delivery, warehousing, storage, installation, excessing, certification and warranting of all commodities planned during IO-T in accordance with Attachment 1-Bid Schedule. After acceptance, Army Facility Management Department and Biomedical Engineering Division will work with the IO Contractor on warranty-related issues. The commodities shall be warranted for not less than one year after acceptance, unless a longer warranty is specified. Documentation of warranties will be turned over to Army MTF Biomedical Engineering Division prior to the end of this contract and a copy of those warranties shall be provided via CD/DVD to the USACE contract specialist. The IO Contractor shall bid commodities on Attachment 1-Bid Schedule, to meet the specifications listed in Attachment 4-Commodity Specifications. Thorough review of IO Contractor submitted cut sheets shall be conducted prior to award. All commodities shall be bid in accordance with FAR provision 52.211-6, Brand Name or Equal. The order of precedence for commodity specifications is as follows: 1. Attachment 4-Commodity Specifications 2. Attachment 1-Bid Schedule 3. Statement of Work 4. Description of Joint Stock Number (JSN) in MIL-STD 1691 4. Attachment 2-Plans 2.9 Post Installation Cleanliness The IO Contractor is responsible for returning the facility to same or better condition as it was prior to IO Vendor occupancy. The entire building must retain the same or higher level of space cleanliness, this includes but not limited to administrative spaces, clinical spaces, corridors, passageways, waiting areas, loading docks and restrooms. The IO Contractor will address any damages that occur to the facility (e.g., floors, walls, doors, elevators) as well as thoroughly clean and dry all areas prior to OFB. 2.10 IO Supporting Tasks The following tasks and products either support the primary deliverables or otherwise further describe IO Contractor tasking: 2.10.1 Initial Outfitting Submittals All IO Submittals shall include the following information: 1. Project Information 2. Table of Contents 3. Master IO Schedule 4. Project Design Analysis a. Resource Protection b. Communications c. Furniture/Furnishings d. Medical Equipment/Case goods e. Artwork f. Signage/Wayfinding g. Change Tracker 5. Minutes, Briefings & Reports a. Departmental User Interview Meetings b. MTF Interview Meetings (BMET, Comm, Facility Management, etc). c. Briefings d. Reports (include Projnet reports from previous reviews) 6. Transition Planning a. Transition Plan/Master Move Schedule b. Storage/Warehousing Plan c. Security Plan d. Delivery/Installation Plan e. Cleanup Plan f. Training Schedule g. Disposal/Excessing Plan h. Testing/Certification/Inspections/Acceptance Plan 7. Comprehensive Interior Layout a. CIL/Furniture & Furnishing Boards b. SIL/Finish Boards c. Signage/Way Finding Concept 8. Public Relations/Media Support a. Flyers/Newsletters Key Milestones b. Ribbon Cutting Plan c. Public Postings - Relocation Efforts (template) 9. Master Room Contents (by room and by department) a. Department / Room Move Schedule b. Department / Room Relocation Schedule c. De-install / Reinstall / Reconfiguration of existing product d. Training Schedule e. Room by Room Lists (1) Lists shall indicate which items / systems are being relocated (2) Lists shall indicate which rooms the items / systems are being moved from (3) Lists shall indicate which rooms the items / systems are being moved into f. Departmental Product Information g. Manufacturer's Summary List h. Cutsheets / Specifications i. Roll-up of total quantities per JSN j. List of JSN changes k. Order Data Sheet (CAT C) l. Departmental Drawings / Placement Plans m. Placement Plans (1) Show all reuse & new commodities (2) Show all and color code all JSN's by Category on drawings (e.g., CAT A, CAT B, CAT C) 2.10.1.1 Additional Notes a. All commodities shall be listed on the Room by Room list. This includes any commodity related to Resource Protection, Communications, Furniture/Furnishings, Medical Equipment/Case goods, Artwork, and Signage/Way finding. b. The IO Submittals are for the planners and vendors/buyers as much as they are for the Government. Their importance, thoroughness, and timeliness cannot be emphasized enough. Inability to meet these requirements shall have a direct impact on implementation, funding and the project schedule. They are the source documents for identifying who is responsible for providing what commodities, utilities and requirements necessary to install equipment, systems, furniture, costs to procure critical items and identifies accessories and options to systems/equipment. c. All public media support must be coordinated with MRMC / Natick Public Affairs Office d. For all IO Submittals, two (2) hard copies shall be mailed to USACE Little Rock, two (2) hard copies shall be mailed to the project site, and one (1) shall be mailed to the Project Officer. 2.10.2 Initial Outfitting Master Schedule An Initial Outfitting Master Schedule shall be developed by the IO Contractor based on the projected construction schedule and transition requirements provided by the General Contractor and MRMC. The Government shall approve IO Master Schedule changes. The IO Master Schedule shall: a. Include pertinent construction dates, project milestones, and pertinent IO-T and IO-C activities throughout the project. b. Be delivered to the Government within 10 days of Contract Award. c. Be updated and delivered as part of every IO Submittal. d. Be updated throughout the contract whenever changes arise. 2.10.3 IO Commodity Change Tracker A Commodity Change Tracker shall be developed to document changes to the Commodity list. The Change Tracker format shall be agreed to after contract award. The IO Contractor shall deliver a Commodity Change Tracker with every submittal. Thereafter, a Change Tracker shall be submitted anytime there are requested changes to the Commodity List or as requested by MRMC Project Officer. The Commodity Change Tracker shall be submitted and approved in accordance with SOW paragraph 4.1, Change Management Protocol. 2.10.4 Initial Outfitting Project Management The IO Contractor shall provide Initial Outfitting Project Management services for this project and a Project Manager (IO-PM) to execute these services. The IO Contractor shall provide Project Management services to include, but are not limited to, facilitating the project while controlling resources, staffing, time, cost, quality, scope and risk for each project. The IO-PM shall: a. Oversee and guide project initiation, planning, execution, and closing of the project. b. Ensure all deliverables are submitted per contract. c. Be on site during all IO contractor led meetings, deliveries, installations and as needed. d. Lead the work to complete detailed inventory of all existing services impacted by the moves or transition. e. Lead and direct the activities for each meeting described in this SOW. f. Maintain Quality Control for the IO project. g. Ensure that all deliverables are provided in accordance with this scope of work. 2.10.5 Initial Outfitting Transition Planning The IO Transition Planning services include inventorying existing commodities, developing a plan for new and reuse commodities and creating transition plans. The IO Contractor shall provide Initial Outfitting Transition Planning services in support of submittals and project execution, to include: a. Develop the overall Transition Plan. b. Develop an overall Master Schedule. c. Develop conceptual advance planning. d. Identify all occupancy milestones. e. Develop detailed implementation plans and move sequencing, prepare and setup. f. Compile a manual of detailed move plans for every location. g. Create an orientation program to ensure staff and occupants are completely familiar with the new site. h. Establish a relocation execution plan. i. Develop a clinic services transition plan to incorporate patient notification, appointment rescheduling, signage and wayfinding. j. Develop a lessons learned and post-move clean-up plan. 2.10.6 Initial Outfitting Space Planning The IO Contractor shall provide the following Space Planning Services: a. Develop departmental floor plans as reflected on 100% design submittal showing work flow of all categories of all IO Commodities. b. Develop the reconfiguration requirements of existing product. c. Plan and develop the requirements for all commodity cut sheets as outlined in Attachment 1, Bid Schedule, tab "Commodities List". d. Coordinate and conduct departmental/user interviews, develop an existing inventory list, establish new requirements, and determine excess/disposition items. e. Ensure the MRMC standards and specifications are met. f. Ensure all commodity planning execution information is provided in each IO Submittal. g. Coordinate all infrastructure/technical interfaces with the commodity vendors. h. Show / reflect all deliverables developed by the IO Contractor on the drawings. i. Provide a list of modifications to the USACE PM and MRMC Project Officer that may be required of the construction contract in order to accommodate all IO. j. Develop a Comprehensive Interior Layout (CIL) based upon the information provided the Government. NOTE: No comprehensive interior design (CID), drawings, or specifications are available beyond what is included in this solicitation package. The IO Contractor will take the items detailed in the commodity list as a starting point for planning. Additional detail may become available throughout the IO-T process to aid planning and validate. 2.10.7 Initial Outfitting Public Relations / Media Support The IO Contractor is responsible for keeping all staff and public informed of the project beginning, progress and completion. The IO Contractor shall develop and provide a public relations and media support plan with all IO Submittals. During the IO-C phase, the IO Contractor shall provide all media, including but not limited to, newspaper, website, radio announcements, base newsletters, briefings for staff at key milestones for the project and public signs, flyers, posters and announcements in and around the medical facility. The IO Contractor is responsible for ribbon cutting ceremony planning and the procurement of supplies necessary for these events. All public postings and public relations plans shall be coordinated with the MRMC Project Officer, MRMC PAO and Natick PAO. Submittals will not be generic and must be for the intended project. IO Contractor will not create invitation list nor does contractor send out invitations. IO Contractor will contact local Protocol Office for any special requirements for location or for VIP's. The extent of public outreach and media support for this project will be limited to the local area. Public outreach efforts must be employed to inform facility staff and base stakeholders of IO related changes within the health clinic. Announcements and a ribbon cutting ceremony for the grand opening of the new facility shall be conducted and coordinated through the facility PAO. The following shall be developed for each submittal during IO-T: - Social media blasts (Face Book, Twitter, etc.) - Informative newsletters - Press releases / Base paper articles / E-newsletter Articles - Posters / Temporary Way-finding - Storyboards - Invitations - Ceremonial programs - Ribbon Cutting ceremony script - Ribbon Cutting ceremony equipment needed - Alternate Plan for inclement weather - Access letter for base - Develop schedule for events The IO Contractor shall plan, present and procure the following Public Affairs products to MRMC and facility for approval during IO-C: - Social media blast: Quantity 3, timeline for distribution TBD in IO Master Schedule - Information newsletters: Quantity 200, timeline for distribution TBD in IO Master Schedule - Press releases: Quantity 2, timeline for distribution TBD in IO Master Schedule - Base paper articles: Quantity 2, timeline for distribution TBD in IO Master Schedule - E-newsletters: Quantity 1, timeline for distribution TBD in IO Master Schedule - Posters: Quantity 20 - Temporary way finding: Quantity 20. - Storyboards: Quantity 3. - Ribbon Cutting ceremony programs: Quantity 200. - Ribbon Cutting ceremony invitations: Quantity 200, paper and electronic. - Equipment needed for ribbon cutting ceremony Red Zone conference call will be conducted 90 days prior to Ribbon Cutting ceremony to ensure all items are procured. IO Contractor will contact local Protocol Office for any special Ribbon Cutting ceremony requirements, including location and special considerations for VIP's and guests. IO Contractor is not allowed to procure any food items, liquids, ceremony dedications or gifts. IO Contractor will not create invitation list nor issue any invitations for the ceremony. 2.10.8 Initial Outfitting Low Voltage/IT The IO Contractor shall provide a Low Voltage/IT Consultant for this project. The Low Voltage/IT Consultant shall: a. Plan and develop the requirements for all IT and low voltage systems, including resource protection and communication systems, as identified in this SOW and commodity list. b. Schedule and coordinate departmental/user interviews, develop an existing inventory list, establish new requirements, and determine excess/disposition items. c. Ensure the Unified Facilities Criteria (UFC) and MRMC standards and specifications are met. 2.10.9 Initial Outfitting Biomedical Equipment Technician The IO Contractor shall provide one (1) biomedical equipment technician (BMET) for the project. The BMET shall: a. Perform operational checks, calibration, testing and safety checks for any newly procured or re-use equipment. b. Provide medical equipment installation, repair and training services. c. Administrative space will not be provided for the BMET to work. d. Furnishings, tools and equipment for the BMET shall be provided by the IO Contractor. 2.10.10 Initial Outfitting Artwork The IO Contractor shall not provide artwork services. 2.10.11 Initial Outfitting Signage/Wayfinding The IO Contractor shall not provide signage/wayfinding services. 2.11 Initial Outfitting Quality Control The IO Contractor shall develop and provide a Quality Control Plan (QCP) for this project. The QCP shall be submitted to the Government within 30 days of contract award. The Government will have 14 days to review and either accept the QCP or provide corrections and suggested changes back to the IO Contractor. The IO contractor will have 7 days to resubmit a corrected QCP. The QCP shall implement and document an effective quality control plan for the program in accordance with the contract terms and conditions. The IO Contractor shall be responsible to ensure both planning documents and construction documents are coordinated and that IO Commodities and room orientations/configuration plans are feasible with proposed equipment installations. The QCM shall identify and document all disconnects between the MRMC specifications and the Design of Record. The Government reserves the right to reject a submittal that is not quality controlled, coordinated or complete. 2.12 Meetings The IO Contractor shall schedule and run meetings as necessary to support project execution. 2.12.1 Meeting Agendas The IO-PM shall provide a draft meeting agenda and submit it to the Project Delivery Team (PDT) a minimum of 14 calendar days prior to a meeting date for which users are required to be present. The IO PM shall coordinate feedback from the PDT, finalize the agenda and confirm attendance of key participants 10 calendar days prior to the meeting date. Agendas shall state objective, expectations, attendees/participants, dates, times, location of meeting and required information at time of meeting. 2.12.2 Meeting Minutes The IO-PM shall provide Meeting Minutes to the PDT within two (2) business days following a meeting. Meeting minutes shall note PDT members present and non-present, as well as any other attendees, copy of the agenda, issues, action items and timeframes for resolution. All meeting minutes shall also be included in IO Submittal #1 and Corrected Final. Weekly Progress Reports. The IO-PM shall prepare and submit a Weekly Progress Report to the PDT. The Weekly Progress Report shall be submitted to the USACE PM one day prior to submitting the Weekly Progress Report to the entire PDT. 2.12.3 User Interviews/Meetings The IO-PM shall arrange all user interviews in order to adequately complete the submittal requirements. The objective of the user interviews is to capture all known IO requirements related to the project. User interview meetings shall include: a. Kickoff Meeting: This meeting is to establish the rules of engagement related to IO process, introduce key members of the PDT and provide an overview of the way forward. All members of the PDT shall be invited. This meeting will be conducted on site. b. Standardization Meeting: Standardization meetings are required on site to support each IO Submittal. This meeting shall address all commodity standards required of the MRMC. 2.12.4 Department Meetings The IO-PM shall arrange Department Meetings to support each IO Submittal. User interviews shall include IO Contractor and each department impacted by the project. These meetings shall address all commodities that will be moved or purchased for that department. During User Meetings, all MRMC HFPPO approved changes must be noted on a meeting document by the IO Contractor. This document shall be signed by the User department representative, MRMC HFPPO and the IO Contractor before the conclusion of each Department meeting. 2.12.5 Low Voltage Meetings These meetings shall address all low voltage systems and include key personnel from the IO Contractor, Base Communications, Information Technology, Base Security, and key departmental representatives. The IO-PM shall obtain all commodity standards from MRMC prior to meeting with the users. 2.12.6 Interior Design Meetings This meeting shall address all furniture, furnishings, and artwork. The intent of these meetings is to establish standardization, obtain corporate buy-in and set direction for the development of a Comprehensive Interior Design (CID) package. Key personnel from the IO Contractor, Facility Management, Logistics, and MRMC Health Facility Office shall be included as invitees to this meeting. 2.12.7 Transition Meetings Transition meetings shall be held with all departments impacted by the move or phasing. The purpose of these meetings is to develop conceptual advance planning, identify all occupancy milestones, detail implementation plans and move sequencing, prepare and setup, compile a manual of detailed move plans for every location, create an orientation program to ensure that staff will be completely familiar with the new site, services and patient care systems, establish a relocation execution plan, and develop a lessons learned and post-move cleanup plan. 2.12.8 Review Meetings The IO-PM shall arrange Review Meetings. These meetings shall be scheduled within ten (10) days of closing the review for each IO Submittal according to the IO Schedule. The government reserves the right for a 21-day review per submittal. 2.12.9 Weekly Progress Meetings The IO-PM shall schedule weekly progress meetings with the PDT and the following personnel: USACE PM, MRMC HFPPO, MRMC Biomedical Maintenance Representative, Information Technology Rep, Facility Manager and other Army Medicine stakeholders as identified by the IO-PM or MRMC HFPPO. An agenda shall be provided to the PDT at least one (1) day in advance of the meeting. Additionally, and at most once a month, the IO-PM may be required to meet with MRMC and provide, at a minimum, status on the items below: a. Review Meeting Minutes b. Budget Issues c. IO Schedule d. Risk Report e. Commodities f. Artwork g. Furniture/furnishings h. Case goods i. Medical equipment j. Low voltage systems (communications, resource protection) k. Logistics (procurement, delivery, installation and certification) l. Status of Minutes/Briefings/Reports m. Transition Planning n. Comprehensive Interior Design revisions o. Public Relations/Media Support p. Master Room Contents 2.13 DOD Facility/Base Access The IO Contractor shall ensure all IO staff will be able to meet all DOD base access requirements, including required training, paperwork and certifications. CAC Cards will not be issued for the purpose of base access. 2.14 Health Insurance Portability and Accountability Act Certification The IO Contractor shall ensure all IO contractor personnel have Health Insurance Portability and Accountability Act (HIPAA) certification. Proof of HIPAA certification is required at time of award in order for IO Contractor personnel to complete paperwork to access Army Medicine Information Systems or to handle documents covered by HIPAA. SECTION 3: INITIAL OUTFITTING PERSONNEL QUALIFICATIONS 3.1 Overview The IO Contractor shall provide personnel who meet the experience and qualifications, discussed below, to complete duties associated with this SOW. The government reserves the right to accept or reject personnel identified for work under this contract. If any person becomes unavailable for work under this contract (whether temporary or permanent), the IO Contractor shall immediately notify the Contracting Officer and replace the departing employee within three (3) days of departure notification with an employee of equal qualifications, subject to approval by the Contracting Officer and Customer. Replacement of a departing employee must include a minimum seven (7)-day transition period between the departing employee and the newly arriving employee to ensure a smooth, seamless transition, unless otherwise determined by the Contracting Officer and Customer. The dates of this transition period shall be made known to the government. The government shall incur no additional costs associated with the replacement and transition of IO Contractor employees. There shall be no delay in the project delivery schedule as a result of the IO Contractor changing any employees. 3.2 Project Manager The Project Manager (PM) shall have a minimum of five (5) years of experience in healthcare initial outfitting, transition, and activation services and implementation. They shall be well-versed in healthcare infrastructure, operations, and/or practice and have direct experience in transition activities. The experience requirement may be satisfied with a combination of experiences in multiple functional areas. They shall be proficient in DOD Criteria and demonstrate experience in managing services related to the: 1) development of comprehensive interior, equipment and system design and documents (including room layouts, room illustration sheets, project content lists, infrastructure interface, and technical specifications); 2) budgetary and procurement documentation; and 3) execution of the procurement, delivery, installation, and training related to FFE-LVS, artwork and signage. The Contractor shall provide project names, dates, and government point of contract information (name, organization, email address, and phone number) for verification of experience. 3.3 Transition Planner/Relocation Specialist The Transition Planner/Relocation Specialist shall have three (3) years' experience in transition planning and relocation services on multi-phased healthcare projects to include, but not limited to: conceptual advance planning, identifying occupancy milestones, detailed implementation planning and move sequencing, preparation and setup, compiling documents of detailed move plans for each department impacted, creating an orientation program to ensure staff is completely familiar with the new site/location, services and patient care systems, relocation execution, lessons learned documentation and post-move cleanup. The Contractor shall provide project names, dates, and government point of contract information (name, organization, email address, and phone number) for verification of experience. 3.4 Medical Equipment Planner The Medical Equipment Planner shall have a minimum five (5) years' experience in medical equipment planning and implementation. The Medical Equipment Planner shall demonstrate a solid understanding of healthcare operations and related medical equipment and systems, and be able to translate requirements into design/construction/installation documents. They shall be proficient in DOD Criteria and demonstrate experience in: 1) preparing medical equipment design layouts and documents (including project room contents lists, infrastructure interface, and technical specifications); 2) budgetary and procurement documentation; and 3) in executing the procurement, delivery, installation, testing, certification, and training related to free standing & hard wired/plumbed/structurally supported equipment and systems. The Contractor shall provide project names, dates, and government point of contract information (name, organization, email address, and phone number) for verification of experience. 3.5 Interior Designer The Interior Designer for this project shall have three (3) years' experience in a healthcare setting, to include ambulatory and occupancy settings. Interior Designer must hold either a National Council for Interior Design Qualification (NCIDQ) or American Academy of Healthcare Interior Designers (AAHID) certification. The Interior Designer shall demonstrate a solid understanding of healthcare operations and related furniture, fixtures, artwork, casework/case goods and signage, and be able to translate requirements into design/construction/installation documents. They shall be proficient in DOD Criteria and demonstrate experience in: 1) preparing comprehensive interior designs (CID) and documents (including room layouts, room illustration sheets, project contents lists, infrastructure interface, and technical specifications); 2) budgetary and procurement documentation; 3) coordinating the CID with the Structural Interior Design (SID); and 4) have experience in executing the procurement, delivery, installation, and training related to furniture, fixtures, and casework/case goods. They shall have a current working knowledge of: 1) Facilities Guidelines Institute (FGI), current edition; 2) Americans with Disabilities Act Accessibility Guidelines (ADAAG); 3) Architectural Barriers Act (ABA); 4) Health Insurance Portability and Accountability Act (HIPAA) ; 5) General Service Administration (GSA) Schedule; 6) "Best Practices" in the selection of interior finish materials, furniture, upholstery fabrics and fixtures for healthcare facilities; 7) Current infection control protocols with regards to interior finish selection for healthcare facilities. The Contractor shall provide project names, dates, and government point of contract information (name, organization, email address, and phone number) for verification of experience. 3.6 Low Voltage/IT Consultant The IO Contractor shall provide the services of a Low Voltage/IT Consultant. This Consultant shall have a minimum of three (3) years of planning, procurement and installation experience related to low voltage and IT systems for a military medical facility. The CSE shall demonstrate a solid understanding of healthcare operations and related communication and electronic security equipment and systems (CES), and be able to translate requirements into design/construction/installation documents. They shall have and demonstrate experience in: 1) preparing CES design layouts and documents (including project room contents lists, infrastructure interface, and technical specifications); 2) budgetary and procurement documentation; and 3) have experience in executing the procurement, delivery, installation, testing, certification, and training related to CES (aka LVS) and 4) executing DOD Cybersecurity mandates. The Contractor shall provide project names, dates, and government point of contract information (name, organization, email address, and phone number) for verification of experience. 3.7 Public Affairs Coordinator The Public Affairs Coordinator shall have at least one (1) years' experience working in with DOD Public Affairs. The Contractor shall provide project names, dates, and government point of contract information (name, organization, email address, and phone number) for verification of experience. 3.8 Biomedical Equipment Technician (BMET) The BMET shall meet one or both of the following two educational/work experience requirements: (a) Possess an Associate's Degree in Biomedical Equipment Technology or Engineering from a civilian accredited school of learning and an active Certified Biomedical Equipment Technician (CBET) certification issued by the Association for the Advancement of Medical Instrumentation (AAMI) Credentials Institute, and have demonstrated proof of full-time biomedical equipment maintenance employment for three of the last five years within a healthcare occupancy setting with an on-going practical maintenance experience for each end-type medical device being serviced herein/relative to awarded project. (b) Possess a United States Military Biomedical Equipment Technician Training course completion certificate and DOD equivalent intermediate skill level rating and have demonstrated proof of full-time biomedical equipment maintenance employment for three of the last five years within a healthcare occupancy setting with an on-going practical working experience for each end-type medical device being serviced herein/relative to awarded project. Biomedical Equipment Technician must have DMLSS data entry experience in the previous 3 years and qualified/able to obtain a DOD CAC card. The Contractor shall provide project names, dates, and government point of contract information (name, organization, email address, and phone number) for verification of experience. 3.9 Quality Control (QC) Manager The Quality Control Manager (IO-QCM) shall have at least five (5) years of experience in quality control and is knowledgeable in applicable trade's codes, criteria, standards, and guidelines for a military healthcare facility. 3.10 Signage Consultant The IO Contractor shall provide the services of a Signage Consultant for this project, if this is required in the contract. The Sign Consultant shall have a minimum of two (2) years of planning and installation experience related to the following types of commodities: a. Life Safety/Emergency Signage b. Way Finding/Architectural Graphics c. Room by Room Signage d. Departmental Signage e. Maintenance/Legacy Numbers f. Restore large front entrance sign to match the recently restored smaller exterior sign The Contractor shall provide project names, dates, and government point of contract information (name, organization, email address, and phone number) for verification of experience. 3.11 Equipment/Product Installers All equipment installation for the project shall be accomplished by IO Contractor or installers who are provided by, approved by, or certified by the equipment manufacturer for installation of each specific equipment item. SECTION 4 - ADMINISTRATIVE 4.1 Change Management Protocol Change Management. The IO-PM shall oversee the IO Change Management process. The IO-PM will seek the approval from the Customer, and submit the approved Change Request to the USACE Project Manager. The USACE Project Manager will ensure that only the Contracting Officer directs changes to the contract. The IO Contractor tracks changes on IO-Change Tracker with value of credit / add. 4.2 IO Contractor Project Manager Designation The name of the IO Contractor's Project Manager and alternate(s), who shall act for the IO-PM when the IOPM is absent, shall be designated in writing to the Contracting Officer at the same time the PDT contacts are provided. The IO-PM or alternate(s) shall have full authority to act for the IO Contractor on all contract matters relating to daily operation of this contract. 4.3 Acceptance Acceptance is defined as the Customer Project Officer or Contracting Officer's Representative signing the DD FORM 250 following the Customer's inspection of the installed and tested commodities. If the manufacturer's warranty is greater than one year, the manufacturer's warranty will override the one year warranty requirement. 4.4 Administrative oversight of the IO Contract will be led by the Contracting Officer and assisted by the USACE Program Manager, USACE Project Manager, and Contracting Officer's Representative. 4.5 Contractual Control: Contracting Officer and Contracting Officer Representative (COR). 4.6 Programmatic/Administrative Oversight: Customer, USACE Program Manager, USACE Project Manager, and Contracting Officer's Representative. 4.7 Operational Oversight: Customer. 4.8 Non Personal Services: The Government will neither supervise contract employees nor control the method by which the IO Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contract employees. It shall be the responsibility of the IO Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the IO Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the IO Contractor's responsibility to notify the Contracting Officer immediately. These services shall not be used to perform work of a policy/decision making or management nature, i.e., inherently Governmental functions. All decisions relative to programs supported by the IO Contractor shall be the sole responsibility of the Government. 4.9 IO Contractor Identification: All IO contractor personnel shall wear company picture identification badges so as to distinguish themselves from Government employees. When conversing with Government personnel during business meetings, over the telephone or via electronic mail, IO-Contract personnel shall identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees. IO-Contractor personnel shall identify themselves on any attendance sheet or any coordination documents they may review (electronic mail signature blocks) shall identify their company affiliation. Where acceptable, IO Contractor personnel may occupy co-located space with their Government program. IO-Contractor should identify their work space area with their name and company affiliation or as a minimum "Contractor" after name. 4.10 The IO-PM shall ensure all contractor PDT members must have their own individual Dr. Checks/Projnet account set up prior to the first IO Submittal. 4.11 Hours of Operation: Office will typically be open from 0700 to 1600 (local project time) Monday through Friday. Weekly hours shall not exceed a forty (40) hour work week. Exceptions include transition/move periods to make ready for occupancy and/or open for business. The Government reserves the right to change hours of operation or restrict contractor access. Government agencies will not be available during scheduled holidays, possibly during inclement weather (IO Contractor will verify inclement weather days), weekends, after duty hours, or DOD down days. Scheduled holidays include: New Year's Day; Dr. Martin Luther King, Jr. Birthday; President's Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran's Day; Thanksgiving Day; and Christmas Day. 4.12 Security: The IO Contractor shall observe and comply with all security provisions in effect at the Base and MTF and any other Government facility visited in performance of this SOW. The Contractor shall be responsible for all work permits and clearances. The IO Contractor shall notify the appropriate Servicing Security Activity (SSA) 10 days before on base performance of the contract. The IO Contractor will be provided the addresses of the appropriate SSAs. The SSA will advise the IO Contractor concerning any required permits and clearances required to perform. See Supplemental, C. Base Access Requirements. 4.13 Traffic Laws: The IO Contractor and its employees shall comply with base traffic regulations while operating on DOD facilities. 4.14 Physical Security: The IO Contractor shall be responsible for safeguarding all government property and controlled forms provided for contractor use. At the end of each work period, all government facilities, equipment, and materials shall be secured. 4.15 Government Furnished: No Government Furnished Property will be provided other than items which require installation by the IO Contractor. Administrative space will NOT be provided for the IO-PM to work. All electronic equipment to support his/her job shall be provided by the IO Contractor unless otherwise approved by the MTF. 4.16 Safety: IO Contractor will abide by all OSHA standards while performing work for the Government. 4.17 System Access and Security/Equipment 4.18 Common Access Cards (CAC) may be approved for contractor personnel who need access to DOD IT systems. 4.19 For any equipment that connects to the DOD medical system and has a cost of $25,000 or more, the IO Contractor shall submit information about the equipment to the MTF first and obtain approval before connecting this equipment to the DOD network/system. 4.20 Contract Line Items (CLINs) for IO Services shall be incrementally invoiced on a monthly basis after performance. CLINs for IO Commodities shall be invoiced after acceptance via DD Form 250 Material Inspection and Receiving Report. 4.21 Definitions The Project Delivery Team (PDT): Comprised of members directly involved in the execution of this SOW and is listed in the attached PDT list. The PDT list also serves as the submittal distribution list. Roles and responsibilities are listed below. Individuals that are part of the construction process that precede the IO process are listed for information only. Design/Builder: The Prime Construction Contractor or General Contractor (GC) Responsible for design and/or construction of new facility or newly renovated facility. Program Manager (USACE): Responsible for work acceptance, establishing the PDT, setting expectations for the acquisition, strategic communication, and customer relations. Project Manager (USACE): Primary point of contact for the Customer. Responsible for leading PDT. Manages cost, schedule, and performance of the contract awardee. Manages schedule and performance of PDT. Project Coordinator (USACE): Individual responsible for coordinating project activities and resources. Quality Assurance (USACE): The individual responsible for ensuring all contract requirements are being met by the Planner/Builder. Contracting Officer (USACE): The person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings with the IO Contractor. Any modifications must be submitted to the Contracting Officer Representative (COR) for technical approval and design clarification, and must be authorized by the Contracting Officer. The Contracting officer is the only person authorized to authorize contractual obligations on behalf of the Government. Health Facilities Project & Planning Officer (HFPPO): The DOD medical-functional expert representing the service on a given Contract. Vendors: Any company responsible for providing good and services. Contracting Officer Representative (COR): Advisor to the Contracting Officer on technical aspects of the project. Individual appointed by the Contracting Officer to assist in the monitoring and administration of the contract. CUSTOMER: The organization that is charge of the project for which USACE is the Agent. Often referred to as the User, but User may be more specific to the Medical Treatment Facility (MTF). 4.22 References, Codes, Criteria, and Standards All work under the SOW shall be performed in accordance with the attached references. It shall be conducted in strict accordance with the contract and all applicable federal, state, and local laws and codes, as well as stated military regulations, codes, and directives (whichever is the most stringent). The attached References list examples of codes, criteria and standards that shall apply. When a code is not listed, it does not under any circumstances exempt the IO Contractor to follow law or code. All codes and standard requirements shall be based on the latest edition of codes applicable at the time the project starts. Any pertinent civilian, service-specific instructions, civilian and DOD standards, applicable legislation regulating coding practices and/or service-specific Directives, and HIPAA shall be adhered to. This project shall be designed in accordance with the requirements of the Architectural Barriers Act forDOD Facilities. The IO Contractor shall ensure that the project plan is evaluated for code and criteria in compliance with all applicable local, state and federal laws and regulations including those governing air quality, water quality, solid and hazardous waste, etc. The IO Contractor shall note that there are specific criteria for laboratory and/or Animal Research Facility Projects. The IO Contractor shall be responsible for identifying all permits (utility connections, tap-ins, meters, etc.) and fees relating to these permits. All costs relating to permits shall be identified in the Current Working Estimates for the project. Any codes or standards referenced that maintain to construction or work outside of the scope of this contract is shown for information purposes only. Reference Unified Facilities Criteria 4-510-01 (16 Oct 03), "Design: Medical Military Facilities", Glossary of Terms, Abbreviations, and Acronyms. 4.23 Acronyms ADA: Americans with Disabilities Act/Architectural Barrier Act ADAAG - Americans with Disabilities Act Accessibility Guidelines AIA - American Institute of Architecture ANSI: American National Standards Institute AVNC: Audio Visual Nurse Call System BMET Biomedical Equipment Technician BOD: Beneficial Occupancy Date - BOM: Bill of Materials BVD: Best Value Determination CA: Contract Administrator CCTV: Closed Circuit Television CES: Civil Engineering Squadron CFCI: Certified Floor Covering Installer CID: Comprehensive Interior Design CIDA - Council for Interior Design Accreditation CLIN: Contract Line Item Number CO: Contracting Officer COMM: Communications COR: Contracting Officer Representative CSE: Communications Systems Engineering DA: Design Analysis DCOS: Deputy Chief of Staff DFA: Director for Administration DMLSS: Defense Medical Logistics Support System DOD: Department of Defense DOR: Design of Record ECD: Estimated Completion Date EO: Executive Order EPA: Environmental Protection Agency ETTV: Entertainment and Training Television FAR: Federal Acquisition Regulation FFE: Furnishings, Fixtures and Equipment FFP: Firm Fixed Price FM: Facility Manager GC: General Contractor (the "construction" contractor) GSA: General Services Administration HFD: Health Facilities Division HFPPO: Health Facility Planning and Project Officer IAW: In Accordance With IDS: Intrusion Detection System I/O: Initial outfitting I/O - T: Initial Outfitting Transition I/O-C: Initial Outfitting Commodities I&L (M4): Installation and Logistics Code M4 I/OD: Initial Outfitting Directorate ISS: Infant Security System JSN: Joint Schedule Number LAN: Local Area Network LEED: Leadership in Environmental Excellence Low Voltage: Resource protection, Communications MATOC: Multiple Award Task Order Contract MEL: Master Equipment List MSDS: Material Safety Data Sheet MLFC: Military Logistics Flight Com MSDS: Material Safety Data Sheet MTF - Military Treatment Facility NAC: National Agency Check NAVFAC: Naval Facilities Engineering Command NEC: National Electric Code NFPA: National Fire Protection Association NSN: National Stock Number OFB: Open For Business Date - The day the user starts seeing patients. OIC: Officer in Charge OP: Other Procured - Items which cost in excess of $250,000 and are procured by others, not procured by the Initial Outfitting Contractor OSHA: Occupational Safety and Health Administration PA: Public Address System PBSOW: Performance-Based Statement of Work PDS: Prewired Distribution System PDT: Project Delivery Team PHFO: Project Health Facilities Officer PM: Project Manager PMP: Project Management Plan QASP: Quality Assurance Surveillance Plan QAP: Quality Assurance Personnel QC: Quality Control QCP: Quality Control Plan RCRA: Resource Construction Recovery Act Resource Protection: Security systems RFP: Request for Proposal SFS: Security Forces Squadron SID: Structural interior design SIN: Special Item Number SOW: Statement of Work SRM: Sustainment, Restoration, Modernization TO: Task Order TVNC: Tone Visual Nurse Call System UCR: User Change Request UFAS: Uniform Federal Accessibility Standards UFC: Unified Facilities Criteria USACE: U.S. Army Corps of Engineers User: Personnel who will be using the IO-C items, services, etc. provided by IO-C Contractor 4.24 Attachments Attachment 1 - Bid Schedule Attachment 2 - Past Performance Questionnaire (PPQ) Attachment 3 - Reuse/Disposal List Attachment 4 - Commodity Specifications Attachment 5 - Exterior Photos of Building 30 Attachment 6 - Plans CPARS Notice of Evaluation in Contractor Performance Assessment Reporting System The contract awardee shall be subject to Contractor Performance Reporting System (CPARS) evaluations. INSTRUCTIONS ADDENDUM to FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS 1. Submission of Offers. Submit signed and dated offer at or before the exact time specified in this solicitation. Failure to provide all required documents or information may exclude the offeror(s) from further consideration. Both the electronic copy and paper/hard copy offer will be accepted at the address identified below. Only signed offers submitted on the SF 1449 will be accepted. Emailed and faxed proposals will not be considered. Submit proposals to: USACE, LITTLE ROCK (W9127S) CONTRACTING DIVISION ATTN: VICKEY POLSON 700 W. CAPITOL AVENUE, RM 7315 LITTLE ROCK AR 72201-3225 The Packaging: The Proposals shall be marked: "Proposals for Solicitation Number: W9127S-18-R-6022, U.S. Army Natick Soldier Systems Center, MA. "DO NOT OPEN" a. Offers should be mailed through a commercial/Government carrier or hand carried. b. This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted through the Federal Business Opportunities www.fbo.gov website. Solicitation packages will be emailed or uploaded to AMRDEC for the contractor to retrieve. It is the responsibility of each Offeror to review the webpage for notice of amendments, updates, or changes to current information. c. Due to file size, all interested offerors must contact Ms. Vickey Polson for access to all solicitation attachments at vickey.j.polson@usace.army.mil. All offerors shall include the following information with request: • Company Name • Employee Name • Email Address • Telephone Number d. Questions and/or comments relative to these documents should be submitted via e-mail to the Contract Specialist who is the primary point of contact Ms. Vickey Polson at vickey.j.polson@usace.army.mil or the Contracting Officer, Ms. Lakisha Vance at lakisha.d.vance@usace.army.mil. e. Technical inquiries and questions relating to proposal procedures are to be submitted via ProjNet at http://www.projnet.org/projnet. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page identified above please use the following directions: Click BID tab select Bidder Inquiry, select agency USACE; enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. From this page you may view all proposal inquiries or add inquiry Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team. The Solicitation Number is: W9127S-18-R-6022 The Bidder Inquiry Key is: 95Z4VE-8S5WZ2 The Review will be open from July 23, 2018 through August 10, 2018. Offerors are requested to review the solicitation in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals Oral explanations or instructions are not binding. Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation. As this is a competitive negotiation acquisition, there is no public bid opening and no information will be given out as to the number of Offerors or the results of the competition until an award is made. 2. General Instructions. These instructions are designed to provide general guidance for preparing proposals for a Trade-Off acquisition as well as providing specific instructions on proposal organization, format, and content. Offerors shall include all documents and information requested and should be submitted in accordance with the instructions. The Offeror is cautioned to follow the instructions carefully, as the Government reserves the right to make an award based on initial proposals received without discussion. However, the Government reserves the right to request clarifications if the Contracting Officer later determines them to be necessary. a. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise unsound, the offeror shall immediately notify the PCO in writing with supporting rationale prior to the close of the Solicitation. b. The proposal must be presented in a manner that clearly addresses the requirements, as set forth in the Statement of Work. Proposals that are overly verbose or include marketing material may distract from the evaluators' ability to ascertain compliance with the solicitation. 3. Team/Team Member(s)/Teaming Partner(s). The Government will consider the offeror and all subcontractors a "team" when evidence of a signed Teaming Arrangement or Letter of Intent is provided. This RFP will refer to the offeror and all identified teaming subcontractors as a "team." This RFP will refer to all identified teaming subcontractors as "team members" or "teaming partners." The offeror shall identify any Team/Team Members in their Executive Summary and briefly describe how the Teaming Arrangement will be support this requirement. 4. Proposal Preparation Instructions. Offeror's proposal will consist of two (2) separate volumes: Price and Technical. Proposal Format. All pages of each offer must be appropriately numbered and identified with the solicitation number W9127S-18-R-6022 in the header and/or footer of each page. If the RFP page limits are exceeded, the pages in excess of the limit will be removed and not evaluated. Hard Copy format and electronic copies on CDs are both required in this submission, please see table below for specific numbers. Volume I and Volume II shall be submitted on two (2) separate CD-ROMs. Page limitations are also annotated. Volume Contents Format Number Of Copies Maximum Page Limit Volume I Price Proposal • Tab A - Executive Summary • Tab B - Attachment 1, Bid Schedule Worksheet • Tab C - Representations and Certifications and Other Statements of Offerors Adobe PDF for all documents. MS Excel 2007 or Later for Attachment 1, Bid Schedule Worksheet 2 CD ROM 1 Hard Copy None Volume II Technical Proposal Past Performance • Tab A1-Factor 1 - Corporate Experience • Tab A2-Factor 2 - Personnel Experience • Tab A3-Factor 3 - Technical Approach and Master Schedule • Tab A4-Factor 4 - Commodity Specifications • Tab B-Factor 5 - Past Performance Adobe PDF 6 CD ROMs 1 Hard Copy • 8.5 x 11 inch paper, 12 pt. font or larger, with the exception of the IO Master Schedule. The IO Master Schedule may be a larger paper size format. Volume Labels. All original volumes and copies will have cover sheets that identify volume number, title, copy number or "Original," solicitation number, and Offeror's name What Counts As A Page? A page shall be an 8 ½ X 11" sheet of paper, with the exception of the sample integrated master schedule. When both sides of a sheet display printed material, it shall be counted as two pages (For paper/hard copies). Letter size and spacing requirements for illustrations and tables can be at the discretion of the offeror but must be easily readable. Margins shall be at least 1 inch on the top and bottom and 3/4 inch on the side. The Contractor shall number each page in order to eliminate any confusion. In the event contractor creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages. Page Limit Includes: All Appendices, Charts, Graphs, Diagrams, Tables, Photographs, Drawings, etc. Page Limit Does Not Include (For Paper/Hard Copies): Title Page, Table of Contents, Lists of tables and drawings and/or Cross Reference Matrix's, covers for Volumes, Glossary of Terms/Abbreviations and Acronyms, Indices, and section dividers. Cross-references should be utilized to preclude unnecessary duplication of data between sections. Copies. Volume I and Volume II shall each have their own CD-ROM. Proposal Labels. The exterior of the envelope or box containing proposal Volumes, either mailed or hand delivered, shall be labeled with Offeror's name, title, solicitation number, and marked " Package X of X" (with "X" indicating the number of packages) and "To be Delivered Unopened to the Contracting Officer." Electronic Copies. All electronic copies of volumes shall be submitted on its own CD-ROM disk with a separate file for each Tab in Volumes I and II. Volume I will be submitted using Adobe PDF and Microsoft Office Excel 2007 for Attachment 1, Kaneohe Bay Bid Schedule Worksheet. Volume II shall be submitted using Adobe PDF. Sound or video (e.g. MPEG) files should not be embedded into the proposal files. The CD-ROM and protective sleeve will be clearly marked as to volume number, Offeror's name, solicitation title, solicitation number, and marked as "Initial" or "Revision X," with "X" indicating the number of the revision. Elaborate CD-ROM disk labels are not required or desired. Glossary of Abbreviations and Acronyms. Each volume will contain a glossary of all abbreviations and acronyms used, with an explanation for each. No pricing information is to be presented in any part of the proposal outside of the Volume I. Change Pages After Initial Proposal Submission. If the Government opens discussions and requests the offeror submit proposal revisions, during or after discussions, any changed pages that are submitted will be a different color from the original proposal pages, and will have changed information clearly marked by a vertical line in the right margin of the page identifying the changed content. The date of the revision and revision number will be reflected on each changed page (preferably on, or next to, the vertical change line). Make spreadsheet revisions obvious by highlighting cells that changed. Page limitations may also be placed on responses to Evaluation Notice (ENs). The Government will identify specified page limits for EN responses in the letters forwarding the ENs to the offeror. Volume I - Price Proposal TAB A - Executive Summary. Provide an executive summary that describes the significant attributes and theme of its proposal and introduces the contractor's team. This should also include a contact list (with phone numbers, fax numbers, mailing addresses, e-mail addresses, etc.) to include personnel authorized to sign for and to negotiate on behalf of their company. TAB B -Contract Pricing Bid Schedule, to include all supporting data. The pricing schedule shall be submitted fully completed and error free. It shall contain the Offeror's prices for the established Contract Line Item Numbers (CLINs). Please submit the following information to support your IO pricing and understanding. FACTOR 6: Price Submission Requirement: The Offeror shall submit pricing for this requirement on the attached bid schedule. Evaluation Method: Price will be evaluated to determine if the price submitted by the Offeror is fair and reasonable in accordance with FAR 15.404-1(b). CLIN 0001 - Initial Outfitting Services: Includes planning services, commodity validation, project management, transition, move planning, inventory, and space development of commodities, lists and requirements in accordance with the Statement of Work (SOW). CLIN 0002 - OPTION CLIN- Initial Outfitting Commodities & Activation: This includes the procurement, delivery, installation, transition, disposition, and warranting of commodities planned during IO-T in accordance with the Statement of Work (SOW). TAB C - Representation, Certifications, and Other Statements of Offerors. The offeror will ensure that Representation, Certifications, and Other Statements are current in SAM.GOV. Write statement to that fact. However, if SAM is not current, submit Representations and Certifications thoroughly completed with all blocks in each certification/representation completed truthfully and completely. Volume II - Technical Proposal. The Technical proposal shall not exceed the specified page limits listed in the table above. The Government will not review any information submitted in an appendix or attachment to the proposal in excess of the establish limits. The offeror shall comply with the page limitations. The Offeror shall not submit verbatim sections of the solicitation or SOW as part of their technical proposal. Offerors that do not meet these requirements may be subject to rejection. The Technical proposal shall not include any cost or price information. (1) TAB A Technical Approach TAB A1 - Factor 1 - Corporate Experience TAB A2 - Factor 2 - Personnel Experience TAB A3 - Master Schedule and Technical Approach TAB A4 - Commodity Specifications (2) TAB B Past Performance PPQ The Technical Proposal should include, at a minimum, the following information. FACTOR 1: Corporate Experience Submission Requirements: Page Limit - 5 Pages. Submit Project Information for three (3) projects/task orders completed within the last 5 years that are similar in scope to this requirement. All projects referenced shall provide location and description, point of contact information, project cost, and scope. Work that would be considered similar would include initial outfitting, transition, and activation of Department of Defense Medical facilities. Evaluation Criteria: Proposal will be evaluated to determine the extent to which it demonstrates the offeror has successfully completed projects of similar scope and complexity. FACTOR 2: Personnel Experience Submission Requirements: Page Limit - 5 Pages. Submit personnel experience information in accordance with SOW Section 3 for the proposed Project Manager, Transition Planner/Relocation Specialist, Medical Equipment Planner, and Interior Designer. The Contractor shall provide project names, dates, and government point of contract information (name, organization, email address, and phone number) for verification of experience. Evaluation Criteria: Proposal will be evaluated to determine the relevant experience of the personnel offered. FACTOR 3: Technical Approach and Master Schedule Submission Requirements: Page Limit - 5 pages. Submit an approach to completing the tasks outlined in the SOW. Submit a master schedule of the tasks that needs to be completed to fulfill this requirement. Evaluation Criteria: Proposal will be evaluated to determine the extent to which the offeror understand the scope of this requirement. The proposal will also be evaluated to ensure all tasks outlined in the master schedule will meet the milestone dates outlined in the SOW. FACTOR 4: Commodity Specifications Submission Requirements: No page limit. Please submit cut sheets for all proposed commodities. All cut sheets provided shall include equipment specifications. Evaluation Criteria: The proposal will be evaluated to determine the extent to which the proposed commodities meets the criteria set forth in the SOW. FACTOR 5: Past Performance Submission Requirement: Page Limit - 12 Pages: Submit completed Past Performance Questionnaires (Attachment 2) from at least 3 customers demonstrating past performance completed within the past 5 years. Evaluation Criteria: The Government will evaluate how well the contractor performed on these contracts (See Past Performance Relevancy Ratings and Rating and Performance Confidence Assessments below). 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, Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; telephone interviews with organizations familiar with the Offeror's performance, and Government personnel with personal knowledge of the Offeror's performance capability. The Government may also contact the POC's identified in Factor 1 to obtain Past Performance Information. The Government reserves the right to obtain past performance data from other sources than those identified by the offeror in evaluating past performance. This includes, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency. Offerors are reminded that both independent data and data provided by Offerors in their proposals may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the Offerors. Proposals that do not contain the information requested by this paragraph risk rejection or a less than acceptable performance rating by the Government. All past performance comments received will be taken into account and could affect the overall rating. The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. RATING ADJECTIVES AND DEFINITIONS Outstanding - Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low. Good - Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low. Acceptable - Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate. Marginal - Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high. Unacceptable - Proposal does not meet requirements and contains one or more deficiencies and is un-awardable. Evaluators will assign a Past Performance Relevancy Assessment Rating and a Past Performance Confidence Assessment Rating as follows: Past Performance Relevancy Assessment Rating Adjectival Rating Description Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires. Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires. Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. Past Performance Confidence Assessment Rating Adjectival Rating Description Substantial Confidence Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort. Satisfactory Confidence Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort. Neutral Confidence No recent/relevant performance record is available or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance. Limited Confidence Based on the offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort. No Confidence Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort. (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. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Job Initial Outfitting Services FFP FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 Job IO Commodities & Activation FFP FOB: Destination NET AMT INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE 0001 01-DEC-2018 1 US ARMY RESEARCH INST OF ENV MED-USARIEM 10 GENERAL GREENE AVE, BLDG. 42 NATICK MA 01760-8007 FOB: Destination W561UG 0002 01-DEC-2018 1 (SAME AS PREVIOUS LOCATION) FOB: Destination W561UG CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities APR 1984 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.217-4 Evaluation of Options Exercised at Time of Contract Award JUN 1988 52.217-6 Option for Increased Quantity MAR 1989 52.219-14 Limitations On Subcontracting JAN 2017 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications OCT 2015 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-11 Extras APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.246-16 Responsibility For Supplies APR 1984 52.251-1 Government Supply Sources APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism OCT 2015 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.227-7000 Non-estoppel OCT 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7000 Material Inspection And Receiving Report MAR 2008 CLAUSES INCORPORATED BY FULL TEXT 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (a) The offeror certifies that -- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to - (i) Those prices, (ii) The intention to submit an offer, or (iii) The methods of factors used to calculate the prices offered: (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory -- (1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization); (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision. (c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of Provision) 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and (D) Have, have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013) (a) Definitions. As used in this provision-- Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. Federal contracts and grants with total value greater than $10,000,000 means-- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in-- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that-- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 52.211-6 BRAND NAME OR EQUAL (AUG 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by-- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers: (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (https://assist.dla.mil/online/start/). (ii) Quick Search (http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of provision) 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (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: Factor 1: Corporate Experience Factor 2: Personnel Experience Factor 3: Master Schedule & Technical Approach Factor 4: Commodity Specifications Factor 5: Past Performance Factor 6: Price Factors 1 & 2 are of equal importance and considered the most important factors. Factors 4, 5, & 6 are of equal importance and more important than Factor 3. Factor 3 is of least importance. (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. (End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) [The offeror shall check the category in which its ownership falls]: ___ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN ___ ___ ___ ___ ___ ___ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN ___ ___ ___ ___ ___ ___ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN ___ ___ ___ ___ ___ ___ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: ___ ___ ___ ___ ___ ___ [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: ___ ___ ___ ___ ___ ___ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: ___ ___ ___ ___ ___ ___ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: ___ ___ ___ ___ ___ ___ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ___ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ___ ] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [ ___ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ___ ] does [ ___ ] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [ ___ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror [ ___ ] does [ ___ ] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ___ ] TIN: ___. [ ___ ] TIN has been applied for. [ ___ ] TIN is not required because: [ ___ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ___ ] Offeror is an agency or instrumentality of a foreign government; [ ___ ] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [ ___ ] Sole proprietorship; [ ___ ] Partnership; [ ___ ] Corporate entity (not tax-exempt); [ ___ ] Corporate entity (tax-exempt); [ ___ ] Government entity (Federal, State, or local); [ ___ ] Foreign government; [ ___ ] International organization per 26 CFR 1.6049-4; [ ___ ] Other ___. (5) Common parent. [ ___ ] Offeror is not owned or controlled by a common parent: [ ___ ] Name and TIN of common parent: Name ___ TIN ___ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that-- (i) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and (ii) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____________________. Immediate owner legal name: _____________________. (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: □ Yes or □ No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: __________________. Highest-level owner legal name: ___________________. (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that- (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that- (i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ___ ] is or [ ___ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated ``is'' in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ____ (or mark ``Unknown''). Predecessor legal name: ____. (Do not use a ``doing business as'' name). (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported: ___. (u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (End of provision) 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, 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 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 as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 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; and (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 initial registration 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 FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the 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 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 User 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) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2018) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). ____ (10) [Reserved] ____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). ____ (ii) Alternate I (NOV 2011) of 52.219-3. ____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (ii) Alternate I (JAN 2011) of 52.219-4. ____ (13) [Reserved] ____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). ____ (ii) Alternate I (NOV 2011). ____ (iii) Alternate II (NOV 2011). ____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (Nov 2016) of 52.219-9. ____ (iii) Alternate II (Nov 2016) of 52.219-9. ____ (iv) Alternate III (Nov 2016) of 52.219-9. ____ (v) Alternate IV (Nov 2016) of 52.219-9. ____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)). ____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). X (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). ____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693). ____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693). ____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (OCT 2015) of 52.223-13. ____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-14. X (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-16. X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693). ____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693). ____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). ____ (ii) Alternate I (JAN 2017) of 52.224-3. X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. ____ (ii) Alternate I (May 2014) of 52.225-3. ____ (iii) Alternate II (May 2014) of 52.225-3. ____ (iv) Alternate III (May 2014) of 52.225-3. ____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). ____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). ____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). ____ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) _____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). _____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). _____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). _____ (6) 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). _____ (7) 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). _____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). _____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). _____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). _____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). _____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiii) 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.) (xvii) 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) (E. O. 12989). (xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xix) 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. (xx) 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) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts-- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM 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). (End of clause) 52.233-2 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: Lakisha D. Vance, Contracting Officer U.S. Army Corps of Engineers P.O. Box 867 Little Rock, AR 72203-0867 (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) 52.248-1 VALUE ENGINEERING (OCT 2010) (a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the incentive sharing rates in paragraph (f) below. (b) Definitions. "Acquisition savings,'' as used in this clause, means savings resulting from the application of a VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include-- (1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the Contractor's allowable development and implementation costs; (2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and (3) Future contract savings, which are the product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increases in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract. "Collateral costs," as used in this clause, means agency cost of operation, maintenance, logistic support, or Government-furnished property. "Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes. "Contracting office" includes any contracting office that the acquisition is transferred to, such as another branch of the agency or another agency's office that is performing a joint acquisition action. "Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by Government acceptance of a VECP. "Future unit cost reduction," as used in this clause, means the instant unit cost reduction adjusted as the Contracting Officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either (1) throughout the sharing period, unless the Contracting Officer decides that recalculation is necessary because conditions are significantly different from those previously anticipated or (2) to the calculation of a lump-sum payment, which cannot later be revised. "Government costs," as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistics support. The term does not include the normal administrative costs of processing the VECP or any increase in this contract's cost or price resulting from negative instant contract savings. "Instant contract," as used in this clause, means this contract, under which the VECP is submitted. It does not include increases in quantities after acceptance of the VECP that are due to contract modifications, exercise of options, or additional orders. If this is a multiyear contract, the term does not include quantities funded after VECP acceptance. If this contract is a fixed-price contract with prospective price redetermination, the term refers to the period for which firm prices have been established. "Instant unit cost reduction" means the amount of the decrease in unit cost of performance (without deducting any Contractor's development or implementation costs) resulting from using the VECP on this, the instant contract. If this is a service contract, the instant unit cost reduction is normally equal to the number of hours per line-item task saved by using the VECP on this contract, multiplied by the appropriate contract labor rate. "Negative instant contract savings" means the increase in the cost or price of this contract when the acceptance of a VECP results in an excess of the Contractor's allowable development and implementation costs over the product of the instant unit cost reduction multiplied by the number of instant contract units affected. "Net acquisition savings" means total acquisition savings, including instant, concurrent, and future contract savings, less Government costs. "Sharing base," as used in this clause, means the number of affected end items on contracts of the contracting office accepting the VECP. Sharing period, as used in this clause, means the period beginning with acceptance of the first unit incorporating the VECP and ending at a calendar date or event determined by the Contracting Officer for each VECP. "Unit," as used in this clause, means the item or task to which the Contracting Officer and the Contractor agree the VECP applies. "Value engineering change proposal (VECP)" means a proposal that-- (1) Requires a change to this, the instant contract, to implement; and (2) Results in reducing the overall projected cost to the agency without impairing essential functions or characteristics; provided, that it does not involve a change-- (i) In deliverable end item quantities only; (ii) In research and development (R&D) end items or R&D test quantities that is due solely to results of previous testing under this contract; or (iii) To the contract type only. (c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in subparagraphs (1) through (8) below. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following: (1) A description of the difference between the existing contract requirement and the proposed requirement, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, the effect of the change on the end item's performance, and any pertinent objective test data. (2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions. (3) Identification of the unit to which the VECP applies. (4) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under the Subcontracts paragraph of this clause, below. (5) A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs. (6) A prediction of any effects the proposed change would have on collateral costs to the agency. (7) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule. (8) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known. (d) Submission. The Contractor shall submit VECP's to the Contracting Officer, unless this contract states otherwise. If this contract is administered by other than the contracting office, the Contractor shall submit a copy of the VECP simultaneously to the Contracting Officer and to the Administrative Contracting Officer. (e) Government action. (1) The Contracting Officer will notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required, the Contracting Officer will notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. The Government will process VECP's expeditiously; however, it shall not be liable for any delay in acting upon a VECP. (2) If the VECP is not accepted, the Contracting Officer will notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the Government. The Contracting Officer may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort. (3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause and made either before or within a reasonable time after contract performance is completed. Until such a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the discretion of the Contracting Officer. (f) Sharing rates. If a VECP is accepted, the Contractor shall share in net acquisition savings according to the percentages shown in the table below. The percentage paid the Contractor depends upon (1) this contract's type (fixed-price, incentive, or cost-reimbursement), (2) the sharing arrangement specified in paragraph (a) above (incentive, program requirement, or a combination as delineated in the Schedule), and (3) the source of the savings (the instant contract, or concurrent and future contracts), as follows: CONTRACTOR'S SHARE OF NET ACQUISITION SAVINGS (Figures in percent) Contract Type Incentive (Voluntary) Program Requirement (Mandatory) Instant Contract Rate Concurrent and Future Contract Rate Instant Contract Rate Concurrent and Future Contract Rate Fixed-price (includes fixed-price-award-fee; excludes other fixed-price incentive contracts) (1) 50 (1) 50 (1) 25 25 Incentive (fixed-price or cost) (other than award fee) (2) (1) 50 (2) 25 Cost-reimbursement (includes cost-plus-award-fee; excludes other cost-type incentive Contracts) (3) 25 (3) 25 15 15 (1) The Contracting Officer may increase the Contractor's sharing rate to as high as 75 percent for each VECP. (2) Same sharing arrangement as the contract's profit or fee adjustment formula. (3) The Contracting Officer may increase the Contractor's sharing rate to as high as 50 percent for each VECP. (g) Calculating net acquisition savings. (1) Acquisition savings are realized when (i) the cost or price is reduced on the instant contract, (ii) reductions are negotiated in concurrent contracts, (iii) future contracts are awarded, or (iv) agreement is reached on a lump-sum payment for future contract savings (see subparagraph (i)(4) below). Net acquisition savings are first realized, and the Contractor shall be paid a share, when Government costs and any negative instant contract savings have been fully offset against acquisition savings. (2) Except in incentive contracts, Government costs and any price or cost increases resulting from negative instant contract savings shall be offset against acquisition savings each time such savings are realized until they are fully offset. Then, the Contractor's share is calculated by multiplying net acquisition savings by the appropriate Contractor's percentagesharing rate (see paragraph (f) above). Additional Contractor shares of net acquisition savings shall be paid to the Contractor at the time realized. (3) If this is an incentive contract, recovery of Government costs on the instant contract shall be deferred and offset against concurrent and future contract savings. The Contractor shall share through the contract incentive structure in savings on the instant contract items affected. Any negative instant contract savings shall be added to the target cost or to the target price and ceiling price, and the amount shall be offset against concurrent and future contract savings. (4) If the Government does not receive and accept all items on which it paid the Contractor's share, the Contractor shall reimburse the Government for the proportionate share of these payments. (h) Contract adjustment. The modification accepting the VECP (or a subsequent modification issued as soon as possible after any negotiations are completed) shall-- (1) Reduce the contract price or estimated cost by the amount of instant contract savings, unless this is an incentive contract; (2) When the amount of instant contract savings is negative, increase the contract price, target price and ceiling price, target cost, or estimated cost by that amount; (3) Specify the Contractor's dollar share per unit on future contracts, or provide the lump-sum payment; (4) Specify the amount of any Government costs or negative instant contract savings to be offset in determining net acquisition savings realized from concurrent or future contract savings; and (5) Provide the Contractor's share of any net acquisition savings under the instant contract in accordance with the following: (i) Fixed-price contracts--add to contract price. (ii) Cost-reimbursement contracts--add to contract fee. (i) Concurrent and future contract savings. (1) Payments of the Contractor's share of concurrent and future contract savings shall be made by a modification to the instant contract in accordance with subparagraph (h)(5) above. For incentive contracts, shares shall be added as a separate firm-fixed-price line item on the instant contract. The Contractor shall maintain records adequate to identify the first delivered unit for 3 years after final payment under this contract. (2) The Contracting Officer shall calculate the Contractor's share of concurrent contract savings by (i) subtracting from the reduction in price negotiated on the concurrent contract any Government costs or negative instant contract savings not yet offset and (ii) multiplying the result by the Contractor's sharing rate. (3) The Contracting Officer shall calculate the Contractor's share of future contract savings by (i) multiplying the future unit cost reduction by the number of future contract units scheduled for delivery during the sharing period, (ii) subtracting any Government costs or negative instant contract savings not yet offset, and (iii) multiplying the result by the Contractor's sharing rate. (4) When the Government wishes and the Contractor agrees, the Contractor's share of future contract savings may be paid in a single lump sum rather than in a series of payments over time as future contracts are awarded. Under this alternate procedure, the future contract savings may be calculated when the VECP is accepted, on the basis of the Contracting Officer's forecast of the number of units that will be delivered during the sharing period. The Contractor's share shall be included in a modification to this contract (see subparagraph (h)(3) above) and shall not be subject to subsequent adjustment. (5) Alternate no-cost settlement method. When, in accordance with subsection 48.104-4 of the Federal Acquisition Regulation, the Government and the Contractor mutually agree to use the no-cost settlement method, the following applies: (i) The Contractor will keep all the savings on the instant contract and on its concurrent contracts only. (ii) The Government will keep all the savings resulting from concurrent contracts placed on other sources, savings from all future contracts, and all collateral savings. (j) Collateral savings. If a VECP is accepted, the Contracting Officer will increase the instant contract amount, as specified in paragraph (h)(5) of this clause, by a rate from 20 to 100 percent, as determined by the Contracting Officer, of any projected collateral savings determined to be realized in a typical year of use after subtracting any Government costs not previously offset. However, the Contractor's share of collateral savings will not exceed the contract's firm-fixed-price, target price, target cost, or estimated cost, at the time the VECP is accepted, or $100,000, whichever is greater. The Contracting Officer will be the sole determiner of the amount of collateral savings. (k) Relationship to other incentives. Only those benefits of an accepted VECP not rewardable under performance, design-to-cost (production unit cost, operating and support costs, reliability and maintainability), or similar incentives shall be rewarded under this clause. However, the targets of such incentives affected by the VECP shall not be adjusted because of VECP acceptance. If this contract specifies targets but provides no incentive to surpass them, the value engineering sharing shall apply only to the amount of achievement better than target. (l) Subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of $150,000 or more and may include one in subcontracts of lesser value. In calculating any adjustment in this contract's price for instant contract savings (or negative instant contract savings), the Contractor's allowable development and implementation costs shall include any subcontractor's allowable development and implementation costs, and any value engineering incentive payments to a subcontractor, clearly resulting from a VECP accepted by the Government under this contract. The Contractor may choose any arrangement for subcontractor value engineering incentive payments; provided, that the payments shall not reduce the Government's share of concurrent or future contract savings or collateral savings. (m) Data. The Contractor may restrict the Government's right to use any part of a VECP or the supporting data by marking the following legend on the affected parts: "These data, furnished under the Value Engineering clause of contract.........., shall not be disclosed outside the Government or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the Government's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations." If a VECP is accepted, the Contractor hereby grants the Government unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights technical data, the Government shall have the rights specified in the contract modification implementing the VECP and shall appropriately mark the data. (The terms "unlimited rights" and "limited rights" are defined in Part 27 of the Federal Acquisition Regulation.) (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 (End of clause) 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016) (a) Definitions. As used in this clause- Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. Concatenated unique item identifier means-- (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022. Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. 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/pdi/uid/iuid_equivalents.html. DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number. Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency. Government's unit acquisition cost means-- (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and (3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery. Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459. Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier. Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions. Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent. Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise. Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment. Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier. Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier. Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto. Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent. 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/pdi/uid/uii_types.html. (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. (c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following: (i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items: ------------------------------------------------------------------------ Contract line, subline, or exhibit line item No. Item description ------------------------------------------------------------------------................................... ------------------------------------------------------------------------ (ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table: ------------------------------------------------------------------------ Contract line, subline, or exhibit line item No. Item description ------------------------------------------------------------------------................................... ------------------------------------------------------------------------ (If items are identified in the Schedule, insert ``See Schedule'' in this table.) (iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----. (iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----. (v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability. (2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor. (3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification. (4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-- (i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor: (A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media. (5) Unique item identifier. (i) The Contractor shall-- (A) Determine whether to-- (1) Serialize within the enterprise identifier; (2) Serialize within the part, lot, or batch number; or (3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version; (C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and (D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version. (ii) The issuing agency code-- (A) Shall not be placed on the item; and (B) Shall be derived from the data qualifier for the enterprise identifier. (d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information: (1) Unique item identifier. (2) Unique item identifier type. (3) Issuing agency code (if concatenated unique item identifier is used). (4) Enterprise identifier (if concatenated unique item identifier is used). (5) Original part number (if there is serialization within the original part number). (6) Lot or batch number (if there is serialization within the lot or batch number). (7) Current part number (optional and only if not the same as the original part number). (8) Current part number effective date (optional and only if current part number is used). (9) Serial number (if concatenated unique item identifier is used). (10) Government's unit acquisition cost. (11) Unit of measure. (12) Type designation of the item as specified in the contract schedule, if any. (13) Whether the item is an item of Special Tooling or Special Test Equipment. (14) Whether the item is covered by a warranty. (e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information: (1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part. (2) Unique item identifier of the embedded subassembly, component, or part. (3) Unique item identifier type.** (4) Issuing agency code (if concatenated unique item identifier is used).** (5) Enterprise identifier (if concatenated unique item identifier is used).** (6) Original part number (if there is serialization within the original part number).** (7) Lot or batch number (if there is serialization within the lot or batch number).** (8) Current part number (optional and only if not the same as the original part number).** (9) Current part number effective date (optional and only if current part number is used).** (10) Serial number (if concatenated unique item identifier is used).** (11) Description. ** Once per item. (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows: (1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/. (2) Embedded items shall be reported by one of the following methods-- (i) Use of the embedded items capability in WAWF; (ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or (iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ----, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423. (g) Subcontracts. If the Contractor acquires by subcontract any items for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items. (End of clause) 252.251-7000 ORDERING FROM GOVERNMENT SUPPLY SOURCES (AUG 2012) (a) When placing orders under Federal Supply Schedules, Personal Property Rehabilitation Price Schedules, or Enterprise Software Agreements, the Contractor shall follow the terms of the applicable schedule or agreement and authorization. Include in each order: (1) A copy of the authorization (unless a copy was previously furnished to the Federal Supply Schedule, Personal Property Rehabilitation Price Schedule, or Enterprise Software Agreement contractor). (2) The following statement: Any price reductions negotiated as part of an Enterprise Software Agreement issued under a Federal Supply Schedule contract shall control. In the event of any other inconsistencies between an Enterprise Software Agreement, established as a Federal Supply Schedule blanket purchase agreement, and the Federal Supply Schedule contract, the latter shall govern. (3) The completed address(es) to which the Contractor's mail, freight, and billing documents are to be directed. (b) When placing orders under nonmandatory schedule contracts and requirements contracts, issued by the General Services Administration (GSA) Office of Information Resources Management, for automated data processing equipment, software and maintenance, communications equipment and supplies, and teleprocessing services, the Contractor shall follow the terms of the applicable contract and the procedures in paragraph (a) of this clause. (c) When placing orders for Government stock on a reimbursable basis, the Contractor shall-- (1) Comply with the requirements of the Contracting Officer's authorization, using FEDSTRIP or MILSTRIP procedures, as appropriate; (2) Use only the GSA Form 1948-A, Retail Services Shopping Plate, when ordering from GSA Self-Service Stores; (3) Order only those items required in the performance of Government contracts; and (4) Pay invoices from Government supply sources promptly. For purchases made from DoD supply sources, this means within 30 days of the date of a proper invoice (see also Defense Federal Acquisition Regulation Supplement (DFARS) 251.105). For purchases made from DoD supply sources, this means within 30 days of the date of a proper invoice. The Contractor shall annotate each invoice with the date of receipt. The Contractor's failure to pay may also result in the DoD supply source refusing to honor the requisition (see DFARS 251.102(f)) or in the Contracting Officer terminating the Contractor's authorization to use DoD supply sources. In the event the Contracting Officer decides to terminate the authorization due to the Contractor's failure to pay in a timely manner, the Contracting Officer shall provide the Contractor with prompt written notice of the intent to terminate the authorization and the basis for such action. The Contractor shall have 10 days after receipt of the Government's notice in which to provide additional information as to why the authorization should not be terminated. The termination shall not provide the Contractor with an excusable delay for failure to perform or complete the contract in accordance with the terms of the contract, and the Contractor shall be solely responsible for any increased costs. (d) When placing orders for Government stock on a non-reimbursable basis, the Contractor shall- (1) Comply with the requirements of the Contracting Officer's authorization; and (2) When using electronic transactions to submit requisitions on a non-reimbursable basis only, place orders by authorizing contract number using the Defense Logistics Management System (DLMS) Supplement to Federal Implementation Convention 511R, Requisition; and acknowledge receipts by authorizing contract number using the DLMS Supplement 527R, Receipt, Inquiry, Response and Material Receipt Acknowledgement. (e) Only the Contractor may request authorization for subcontractor use of Government supply sources. The Contracting Officer will not grant authorizations for subcontractor use without approval of the Contractor. (f) Government invoices shall be submitted to the Contractor's billing address, and Contractor payments shall be sent to the Government remittance address specified below: Contractor's Billing Address [include point of contact and telephone number]: Government Remittance Address (include point of contact and telephone number ) : (End of clause)
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