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70--Percona Software Maintenance as a Service

Department of Commerce, Patent and Trademark Office (PTO) | Published June 29, 2016  -  Deadline June 30, 2016
cpvs

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is PTO289P1650773 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88. The associated North American Industrial Classification System (NAICS) code for this procurement is 541519 with a small business size standard of $27.50M.This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2016-06-30 17:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Alexandria, VA 22313 The DOC United States Patent and Trademark Office requires the following items, Purchase Description Determined by Line Item, to the following: LI 001: Percona Standard Tier of Support and PXC Support add-on covers up to 250 MySQL servers including PXC Support add-on 36 months term, 1, LOT; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DOC United States Patent and Trademark Office intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DOC United States Patent and Trademark Office is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. Contracting Officer's Authority. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. Contracting Officer's Representative (COR) (APR 2010) (a) Lisa O'Donnell is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: 600 Dulany Street Madison West Bldg. Rm 4A54 Alexandria, VA 22313 Phone Number: (571)272-5424 E-mail:lisa.odonnell@uspto.gov (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. Insert the clause 1352.209?73, Compliance with the Laws, in all solicitations and contracts. As prescribed in 48 CFR 1309.507?2(c), insert the following clause: Compliance With the Laws (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. As prescribed in 48 CFR 1309.507?2(d), insert the following clause: Organizational Conflict of Interest (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as ?contractor?) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms ?contract,? ?contractor,? and ?Contracting Officer? shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507?1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. As prescribed in 48 CFR 1313.106?2?70, insert the following provision: Evaluation Utilizing Simplified Acquisition Procedures (Date) All solicitations using simplified acquisition procedures in FAR Part 13 must include provision 1352.213?70, Evaluation Utilizing Simplified Acquisition Procedures, or similar language setting out evaluation criteria.The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. Insert provision 1352.213?71, Instructions for Submitting Quotations under the Simplified Acquisition Threshold?Non-Commercial, or similar language in all solicitations for non-commercial purchase orders under the simplified acquisition threshold. The contracting officer shall indicate whether electronic submissions of quotations will be accepted. Paragraph (b)(4) of provision 1352.213?71 may be tailored based on the evaluation factors. As prescribed in 48 CFR 1313.302?1?70, insert the following provision: Instructions for Submitting Quotations Under the Simplified Acquisition Threshold?Non-Commercial (Date) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is ____. (b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, quotations must show? (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) Acknowledgment of solicitation amendments; (4) A technical description showing that the offeror can supply the requirements in the specifications or statement of work in sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation. (5) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and reference information (including contract numbers, points of contact with telephone numbers and other relevant information). (6) Price and any supporting details for the price, as requested in the solicitation. (c) Offerors are responsible for submitting quotations, and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. The offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received. Insert clause 1352.239?70, Software License Addendum, in all contracts when the primary purpose is to purchase new software licenses or renew existing licenses. As prescribed in 48 CFR 1339.107, insert the following clause: Software License Addendum (APR 2010) (a) This Addendum incorporates certain terms and conditions relating to Federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. (b) Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et. seq. , and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those fora that have jurisdiction over Federal procurement matters. (c) Attorney's Fees: Attorney's fees are payable by the Federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. (d) No Indemnification: The Federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). (e) Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, ?Assignment of Claims.? (f) Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A?125, Prompt Payment. (g) Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). (h) Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. (i) Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the Government to unilaterally exercise one or more options to extend the term of the agreement. As prescribed in 48 CFR 1339.270(a), insert the following provision: Electronic and Information Technology (APR 2010) (a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below: ___ 1194.21 Software applications and operating systems ___ 1194.22 Web-based intranet and internet information and applications ___ 1194.23 Telecommunications products ___ 1194.24 Video and multimedia products ___ 1194.25 Self-contained, closed products ___ 1194.26 Desktop and portable computers ___ 1194.31 Functional performance criteria ___ 1194.41 Information, documentation and support (b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. (c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency. (d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov . Insert clause 1352.239?72, Security Requirements for Information Technology Resources, in all DOC solicitations and contracts for Information Technology services. The clause language may only be modified by adding more restrictive agency- or operating unit counsel -specific guidance As prescribed in 48 CFR 1339.270(b), insert the following clause: Security Requirements for Information Technology Resources (APR 2010) (a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency. (b) Definitions. For purposes of this clause, the term ?Sensitive? is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100?235), including the following definition of the term: (1) Sensitive information is ? * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.? (2) For purposes of this clause, the term ?National Security? is defined by the guidance set forth in: (i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3. (ii) The DOC Security Manual, Chapter 18. (iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress. (3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the contractor. (d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (see DOC, Office of the Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter [insert agency or operating unit counsel specific guidance, if applicable]. (e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. (f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy. (g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209?72, Restrictions Against Disclosures. (h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime. (i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall: (1) Within 14 days after contract award, submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and [Insert agency or operating unit counsel specific guidance, if applicable]. The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract. (2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official. (3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 6.3.1.1. (j) The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause. Insert a clause substantially similar to 1352.246?70, Place of Acceptance, in contracts and solicitations to indicate where the acceptance of supplies and/or services will take place. As prescribed in 1346.503, insert the following clause: Place of Acceptance (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: Equipment Condition New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Quote MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. The offeror must provide within its offer the number of days required to make delivery after it receives a purchase order from the buyer. No partial shipments are permitted unless specifically authorized at the time of award. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far. FAR 52.225-1, Buy America Act Supplies (February 2009)applies The USPTO will make an award to the responsible offeror whose offer will be the most advantageous and represents the best value to the USPTO price and other factors considered. In making the best value determination, the USPTO will evaluate on the basis of lowest evaluated price technically acceptable (LPTA). If this procurement is for a commercial item(s)as defined by FAR 2.101, then the authority for this procurement is FAR Part 12 "Acquisition of Commercial Items," and FAR 52.212-4 "Contract Term and Conditions-Commercial Items" is hereby incorporated. If this procurement is not for a commercial item(s) then the authority for this procurement is FAR Part 13"Simplified Acquisition Procedures", and FAR 52.213-4 "Terms and Conditions-Simplified Acquisitions (Other than Commercial Items)" is hereby incorporated. Additional information: Contractors/Offerors should note the clauses above incorporate Central Contractor Registration (CCR)requirements. Registration in CCR is required for contract award." The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. Advertisements, press releases and publicity of a contract by a supplier shall not be made without the prior express written permission of the Contracting Officer. Deliveries can only be accepted at the USPTOs Warehouse during its hours of operation from 6:30AM to 3:00PM, EST "Contracting Officer's Local Time" Monday through Friday. (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, 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. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, 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. (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. In accordance with FAR 39.101(d) and FAR 11.002(g), the hardware technical capabilities must comply with IPv6 in terms of USGv6 Profile and USGv6 Test Program as depicted within National Institute of Standards and Technology Special Publication (SP) 500-267, Section 6.11.2. Additional Application Guidance is available at: http://www.nist.gov/itl/antd/upload/usgv6-v1.pdf INVOICING/PAYMENT FREQUENCY The Contractor shall submit invoices on a monthly basis for services rendered and deliverables furnished during the previous month, or otherwise as agreed upon. ELECTRONIC PAYMENT INFORMATION a) The information required by the clause 52.232-33, Payment by Electronic Funds Transfer ? System for Award Management (Jul. 2013), shall be forwarded by the Contractor to the below designated office no later than seven (7) days after contract award: U.S. Patent and Trademark Office Office of Finance, Mail Stop 17 P.O. Box 1450 Alexandria, VA 22313-1450 b) If requested, a form will be provided to the successful Offeror for this purpose. In the event payment is assigned to a bank, thrift, or other financing institution pursuant to the clause FAR 52.232-23, Assignment of Claims, the Contractor should forward the form to the assignee for completion. These terms and conditions incorporate new System for Awards Management (SAM) requirements. (End of clause)

70--OPTION - Puppet Enterprise 2.5 ? Premium 1,000 node

Department of Commerce, Patent and Trademark Office (PTO) | Published August 11, 2015  -  Deadline August 14, 2015
cpvs

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is PTO289P1551443 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83-2. The associated North American Industrial Classification System (NAICS) code for this procurement is 541519 with a small business size standard of $27.50M.This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2015-08-14 16:30:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Alexandria, VA 22313 The DOC United States Patent and Trademark Office requires the following items, Exact Match Only, to the following: Base Period of Performance: 08/15/2015 - 08/14/2016 LI 001: Puppet Enterprise 2.5 ? Premium 1,000 node pack, 1, EA; Option 1 Period of Performance: 08/15/2016 - 08/14/2017 LI 001: Puppet Enterprise 2.5 ? Premium 1,000 node pack, 1, EA; Option 2 Period of Performance: 08/15/2017 - 08/14/2018 LI 001: Puppet Enterprise 2.5 ? Premium 1,000 node pack, 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DOC United States Patent and Trademark Office intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DOC United States Patent and Trademark Office is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. Contracting Officer's Authority. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. Contracting Officer's Representative (COR) (APR 2010) (a) Lisa O'Donnell is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: Office of the Vendor Management Acquisition US Patent and Trademark Office 600 Dulany Street Alexandria, VA 22314 Madison West Building, Room 4A54 Phone Number:(571)272-5424 E-mail: lisa.odonnell@uspto.gov (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. Insert the clause 1352.209?73, Compliance with the Laws, in all solicitations and contracts. As prescribed in 48 CFR 1309.507?2(c), insert the following clause: Compliance With the Laws (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. As prescribed in 48 CFR 1309.507?2(d), insert the following clause: Organizational Conflict of Interest (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as ?contractor?) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms ?contract,? ?contractor,? and ?Contracting Officer? shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507?1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. As prescribed in 48 CFR 1313.106?2?70, insert the following provision: Evaluation Utilizing Simplified Acquisition Procedures (Date) All solicitations using simplified acquisition procedures in FAR Part 13 must include provision 1352.213?70, Evaluation Utilizing Simplified Acquisition Procedures, or similar language setting out evaluation criteria.The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. Insert clause 1352.239?70, Software License Addendum, in all contracts when the primary purpose is to purchase new software licenses or renew existing licenses. As prescribed in 48 CFR 1339.107, insert the following clause: Software License Addendum (APR 2010) (a) This Addendum incorporates certain terms and conditions relating to Federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. (b) Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et. seq. , and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those fora that have jurisdiction over Federal procurement matters. (c) Attorney's Fees: Attorney's fees are payable by the Federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. (d) No Indemnification: The Federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). (e) Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, ?Assignment of Claims.? (f) Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A?125, Prompt Payment. (g) Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). (h) Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. (i) Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the Government to unilaterally exercise one or more options to extend the term of the agreement. As prescribed in 48 CFR 1339.270(a), insert the following provision: Electronic and Information Technology (APR 2010) (a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below: _X__ 1194.21 Software applications and operating systems _X__ 1194.22 Web-based intranet and internet information and applications ___ 1194.23 Telecommunications products ___ 1194.24 Video and multimedia products ___ 1194.25 Self-contained, closed products ___ 1194.26 Desktop and portable computers ___ 1194.31 Functional performance criteria _X__ 1194.41 Information, documentation and support (b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. (c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency. (d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov . Insert clause 1352.239?72, Security Requirements for Information Technology Resources, in all DOC solicitations and contracts for Information Technology services. The clause language may only be modified by adding more restrictive agency- or operating unit counsel -specific guidance As prescribed in 48 CFR 1339.270(b), insert the following clause: Security Requirements for Information Technology Resources (APR 2010) (a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency. (b) Definitions. For purposes of this clause, the term ?Sensitive? is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100?235), including the following definition of the term: (1) Sensitive information is ? * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.? (2) For purposes of this clause, the term ?National Security? is defined by the guidance set forth in: (i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3. (ii) The DOC Security Manual, Chapter 18. (iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress. (3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the contractor. (d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (see DOC, Office of the Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter [insert agency or operating unit counsel specific guidance, if applicable]. (e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. (f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy. (g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209?72, Restrictions Against Disclosures. (h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime. (i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall: (1) Within 14 days after contract award, submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and [Insert agency or operating unit counsel specific guidance, if applicable]. The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract. (2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official. (3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 6.3.1.1. (j) The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause. Insert a clause substantially similar to 1352.246?70, Place of Acceptance, in contracts and solicitations to indicate where the acceptance of supplies and/or services will take place. As prescribed in 1346.503, insert the following clause: Place of Acceptance (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. The offeror must provide within its offer the number of days required to make delivery after it receives a purchase order from the buyer. No partial shipments are permitted unless specifically authorized at the time of award. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far. FAR 52.225-1, Buy America Act Supplies (February 2009)applies The USPTO will make an award to the responsible offeror whose offer will be the most advantageous and represents the best value to the USPTO on the basis of technically acceptable lowest evaluated price. In making the best value determination, the USPTO will evaluate quotes received using the Lowest Price Technically Acceptable (LPTA). In addition, the Offeror must be an authorized reseller of the manufacturer's software licenses, maintenance and support. If this procurement is for a commercial item(s)as defined by FAR 2.101, then the authority for this procurement is FAR Part 12 "Acquisition of Commercial Items," and FAR 52.212-4 "Contract Term and Conditions-Commercial Items" is hereby incorporated. If this procurement is not for a commercial item(s) then the authority for this procurement is FAR Part 13"Simplified Acquisition Procedures", and FAR 52.213-4 "Terms and Conditions-Simplified Acquisitions (Other than Commercial Items)" is hereby incorporated. Additional information: Contractors/Offerors should note the clauses above incorporate Central Contractor Registration (CCR)requirements. Registration in CCR is required for contract award." These terms and conditions incorporate new Central Contractor Registration (CCR) requirements. Contractors shall include their DUNS number(or DUNS+4, whichever is appropriate) on all invoices. Failure to do so may result in processing delays. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. Advertisements, press releases and publicity of a contract by a supplier shall not be made without the prior express written permission of the Contracting Officer. Deliveries can only be accepted at the USPTOs Warehouse during its hours of operation from 6:30AM to 3:00PM, EST "Contracting Officer's Local Time" Monday through Friday. (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, 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. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, 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. (End of provision) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

70--SmartBear TestComplete

Department of Commerce, Patent and Trademark Office (PTO) | Published July 8, 2015  -  Deadline July 9, 2015
cpvs

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is PTO283P1551452 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-82. The associated North American Industrial Classification System (NAICS) code for this procurement is 423430 with a small business size standard of 100.00 employees.This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2015-07-09 15:30:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Alexandria, VA 22313 The DOC United States Patent and Trademark Office requires the following items, Exact Match Only, to the following: LI 001: TestComplete Platform - Floating License - (Includes 1 year Maintenance) TCP-V10-FLC, 20, EA; LI 002: TestComplete Web Module - Floating License - (Includes 1 year Maintenance) TCW-V10-FLC, 20, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DOC United States Patent and Trademark Office intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DOC United States Patent and Trademark Office is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. Contracting Officer's Authority. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. Contracting Officer's Representative (COR) (APR 2010) (a) ___________ is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: ____________________ ____________________ ____________________ Phone Number:____________________ E-mail:____________________ (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. Insert the clause 1352.209?73, Compliance with the Laws, in all solicitations and contracts. As prescribed in 48 CFR 1309.507?2(c), insert the following clause: Compliance With the Laws (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. As prescribed in 48 CFR 1309.507?2(d), insert the following clause: Organizational Conflict of Interest (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as ?contractor?) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms ?contract,? ?contractor,? and ?Contracting Officer? shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507?1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. As prescribed in 48 CFR 1313.106?2?70, insert the following provision: Evaluation Utilizing Simplified Acquisition Procedures (Date) All solicitations using simplified acquisition procedures in FAR Part 13 must include provision 1352.213?70, Evaluation Utilizing Simplified Acquisition Procedures, or similar language setting out evaluation criteria.The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. Insert provision 1352.213?71, Instructions for Submitting Quotations under the Simplified Acquisition Threshold?Non-Commercial, or similar language in all solicitations for non-commercial purchase orders under the simplified acquisition threshold. The contracting officer shall indicate whether electronic submissions of quotations will be accepted. Paragraph (b)(4) of provision 1352.213?71 may be tailored based on the evaluation factors. As prescribed in 48 CFR 1313.302?1?70, insert the following provision: Instructions for Submitting Quotations Under the Simplified Acquisition Threshold?Non-Commercial (Date) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is ____. (b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, quotations must show? (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) Acknowledgment of solicitation amendments; (4) A technical description showing that the offeror can supply the requirements in the specifications or statement of work in sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation. (5) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and reference information (including contract numbers, points of contact with telephone numbers and other relevant information). (6) Price and any supporting details for the price, as requested in the solicitation. (c) Offerors are responsible for submitting quotations, and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. The offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received. Insert clause 1352.239?70, Software License Addendum, in all contracts when the primary purpose is to purchase new software licenses or renew existing licenses. As prescribed in 48 CFR 1339.107, insert the following clause: Software License Addendum (APR 2010) (a) This Addendum incorporates certain terms and conditions relating to Federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. (b) Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et. seq. , and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those fora that have jurisdiction over Federal procurement matters. (c) Attorney's Fees: Attorney's fees are payable by the Federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. (d) No Indemnification: The Federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). (e) Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, ?Assignment of Claims.? (f) Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A?125, Prompt Payment. (g) Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). (h) Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. (i) Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the Government to unilaterally exercise one or more options to extend the term of the agreement. As prescribed in 48 CFR 1339.270(a), insert the following provision: Electronic and Information Technology (APR 2010) (a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below: _X__ 1194.21 Software applications and operating systems _X-PDF Format__ 1194.22 Web-based intranet and internet information and applications ___ 1194.23 Telecommunications products ___ 1194.24 Video and multimedia products ___ 1194.25 Self-contained, closed products ___ 1194.26 Desktop and portable computers ___ 1194.31 Functional performance criteria ___ 1194.41 Information, documentation and support (b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. (c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency. (d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov . Insert clause 1352.239?72, Security Requirements for Information Technology Resources, in all DOC solicitations and contracts for Information Technology services. The clause language may only be modified by adding more restrictive agency- or operating unit counsel -specific guidance As prescribed in 48 CFR 1339.270(b), insert the following clause: Security Requirements for Information Technology Resources (APR 2010) (a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency. (b) Definitions. For purposes of this clause, the term ?Sensitive? is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100?235), including the following definition of the term: (1) Sensitive information is ? * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.? (2) For purposes of this clause, the term ?National Security? is defined by the guidance set forth in: (i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3. (ii) The DOC Security Manual, Chapter 18. (iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress. (3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the contractor. (d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (see DOC, Office of the Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter [insert agency or operating unit counsel specific guidance, if applicable]. (e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. (f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy. (g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209?72, Restrictions Against Disclosures. (h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime. (i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall: (1) Within 14 days after contract award, submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and [Insert agency or operating unit counsel specific guidance, if applicable]. The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract. (2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official. (3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 6.3.1.1. (j) The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause. Insert a clause substantially similar to 1352.246?70, Place of Acceptance, in contracts and solicitations to indicate where the acceptance of supplies and/or services will take place. As prescribed in 1346.503, insert the following clause: Place of Acceptance (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: Equipment Condition New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. The Offeror must be an authorized reseller of the manufacturer's products. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. The offeror must provide within its offer the number of days required to make delivery after it receives a purchase order from the buyer. No partial shipments are permitted unless specifically authorized at the time of award. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far. FAR 52.225-1, Buy America Act Supplies (February 2009)applies The USPTO will make an award to the responsible offeror whose offer will be the most advantageous and represents the best value to the USPTO price and other factors considered. In making the best value determination, the USPTO will evaluate on the basis of lowest evaluated price and technically acceptable (LPTA)quote. If this procurement is for a commercial item(s)as defined by FAR 2.101, then the authority for this procurement is FAR Part 12 "Acquisition of Commercial Items," and FAR 52.212-4 "Contract Term and Conditions-Commercial Items" is hereby incorporated. If this procurement is not for a commercial item(s) then the authority for this procurement is FAR Part 13"Simplified Acquisition Procedures", and FAR 52.213-4 "Terms and Conditions-Simplified Acquisitions (Other than Commercial Items)" is hereby incorporated. Additional information: Contractors/Offerors should note the clauses above incorporate Central Contractor Registration (CCR)requirements. Registration in CCR is required for contract award." These terms and conditions incorporate new Central Contractor Registration (CCR) requirements. Contractors shall include their DUNS number(or DUNS+4, whichever is appropriate) on all invoices. Failure to do so may result in processing delays. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. Advertisements, press releases and publicity of a contract by a supplier shall not be made without the prior express written permission of the Contracting Officer. Deliveries can only be accepted at the USPTOs Warehouse during its hours of operation from 6:30AM to 3:00PM, EST "Contracting Officer's Local Time" Monday through Friday. (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, 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. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, 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. (End of provision) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause)

J--OPTION - Software Maintenance Renewal - HP WebInspect

Department of Commerce, Patent and Trademark Office (PTO) | Published July 31, 2015  -  Deadline July 31, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is PTO281P1551674 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-83. The associated North American Industrial Classification System (NAICS) code for this procurement is 811212 with a small business size standard of $27.50M.This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2015-07-31 17:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Alexandria, VA 22313 The DOC United States Patent and Trademark Office requires the following items, Exact Match Only, to the following: Base Period of Performance: 08/01/2015 - 07/31/2016 LI 001: Part Number HA106AC HP Software Support: HP WebInspect POP 8/1/2015 to 7/31/2016 -- *** Software Support *** HP Software Technical Unlimited Support Std Office Hrs Std Office Days SW Technical Support SW Electronic Support Standard Response HP WebInspect 1 Named User SW E-LTU qty. 2 HP Software Updates Service HP Recommended Doc Upd Method License to Use & SW Updates HP Recommended SW Upd Method HP WebInspect 1 Named User SW E-LTU qty. 2, 1, EA; Option 1 Period of Performance: 08/01/2016 - 07/31/2017 LI 001: Part Number HA106AC HP Software Support: HP WebInspect POP 8/1/2016 to 7/31/2017 -- *** Software Support *** HP Software Technical Unlimited Support Std Office Hrs Std Office Days SW Technical Support SW Electronic Support Standard Response HP WebInspect 1 Named User SW E-LTU qty. 2 HP Software Updates Service HP Recommended Doc Upd Method License to Use & SW Updates HP Recommended SW Upd Method HP WebInspect 1 Named User SW E-LTU qty. 2, 1, EA; Option 2 Period of Performance: 08/01/2017 - 07/31/2018 LI 001: Part Number HA106AC HP Software Support: HP WebInspect POP 8/1/2017 to 7/31/2018 -- *** Software Support *** HP Software Technical Unlimited Support Std Office Hrs Std Office Days SW Technical Support SW Electronic Support Standard Response HP WebInspect 1 Named User SW E-LTU qty. 2 HP Software Updates Service HP Recommended Doc Upd Method License to Use & SW Updates HP Recommended SW Upd Method HP WebInspect 1 Named User SW E-LTU qty. 2, 1, EA; Option 3 Period of Performance: 08/01/2018 - 07/31/2019 LI 001: Part Number HA106AC HP Software Support: HP WebInspect POP 8/1/2018 to 7/31/2019 -- *** Software Support *** HP Software Technical Unlimited Support Std Office Hrs Std Office Days SW Technical Support SW Electronic Support Standard Response HP WebInspect 1 Named User SW E-LTU qty. 2 HP Software Updates Service HP Recommended Doc Upd Method License to Use & SW Updates HP Recommended SW Upd Method HP WebInspect 1 Named User SW E-LTU qty. 2, 1, EA; Option 4 Period of Performance: 08/01/2019 - 07/31/2020 LI 001: Part Number HA106AC HP Software Support: HP WebInspect POP 8/1/2019 to 7/31/2020 -- *** Software Support *** HP Software Technical Unlimited Support Std Office Hrs Std Office Days SW Technical Support SW Electronic Support Standard Response HP WebInspect 1 Named User SW E-LTU qty. 2 HP Software Updates Service HP Recommended Doc Upd Method License to Use & SW Updates HP Recommended SW Upd Method HP WebInspect 1 Named User SW E-LTU qty. 2, 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DOC United States Patent and Trademark Office intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DOC United States Patent and Trademark Office is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. Contracting Officer's Authority. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. Contracting Officer's Representative (COR) (APR 2010) (a) ___________ is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: ____________________ ____________________ ____________________ Phone Number:____________________ E-mail:____________________ (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. Insert the clause 1352.209?73, Compliance with the Laws, in all solicitations and contracts. As prescribed in 48 CFR 1309.507?2(c), insert the following clause: Compliance With the Laws (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. As prescribed in 48 CFR 1309.507?2(d), insert the following clause: Organizational Conflict of Interest (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as ?contractor?) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms ?contract,? ?contractor,? and ?Contracting Officer? shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507?1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. As prescribed in 48 CFR 1313.106?2?70, insert the following provision: Evaluation Utilizing Simplified Acquisition Procedures (Date) All solicitations using simplified acquisition procedures in FAR Part 13 must include provision 1352.213?70, Evaluation Utilizing Simplified Acquisition Procedures, or similar language setting out evaluation criteria.The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. Insert provision 1352.213?71, Instructions for Submitting Quotations under the Simplified Acquisition Threshold?Non-Commercial, or similar language in all solicitations for non-commercial purchase orders under the simplified acquisition threshold. The contracting officer shall indicate whether electronic submissions of quotations will be accepted. Paragraph (b)(4) of provision 1352.213?71 may be tailored based on the evaluation factors. As prescribed in 48 CFR 1313.302?1?70, insert the following provision: Instructions for Submitting Quotations Under the Simplified Acquisition Threshold?Non-Commercial (Date) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is ____. (b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, quotations must show? (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) Acknowledgment of solicitation amendments; (4) A technical description showing that the offeror can supply the requirements in the specifications or statement of work in sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation. (5) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and reference information (including contract numbers, points of contact with telephone numbers and other relevant information). (6) Price and any supporting details for the price, as requested in the solicitation. (c) Offerors are responsible for submitting quotations, and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. The offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received. Insert clause 1352.239?70, Software License Addendum, in all contracts when the primary purpose is to purchase new software licenses or renew existing licenses. As prescribed in 48 CFR 1339.107, insert the following clause: Software License Addendum (APR 2010) (a) This Addendum incorporates certain terms and conditions relating to Federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. (b) Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et. seq. , and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those fora that have jurisdiction over Federal procurement matters. (c) Attorney's Fees: Attorney's fees are payable by the Federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. (d) No Indemnification: The Federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). (e) Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, ?Assignment of Claims.? (f) Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A?125, Prompt Payment. (g) Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). (h) Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. (i) Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the Government to unilaterally exercise one or more options to extend the term of the agreement. As prescribed in 48 CFR 1339.270(a), insert the following provision: Electronic and Information Technology (APR 2010) (a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below: ___ 1194.21 Software applications and operating systems ___ 1194.22 Web-based intranet and internet information and applications ___ 1194.23 Telecommunications products ___ 1194.24 Video and multimedia products ___ 1194.25 Self-contained, closed products ___ 1194.26 Desktop and portable computers ___ 1194.31 Functional performance criteria ___ 1194.41 Information, documentation and support (b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. (c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency. (d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov . Insert clause 1352.239?72, Security Requirements for Information Technology Resources, in all DOC solicitations and contracts for Information Technology services. The clause language may only be modified by adding more restrictive agency- or operating unit counsel -specific guidance As prescribed in 48 CFR 1339.270(b), insert the following clause: Security Requirements for Information Technology Resources (APR 2010) (a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency. (b) Definitions. For purposes of this clause, the term ?Sensitive? is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100?235), including the following definition of the term: (1) Sensitive information is ? * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.? (2) For purposes of this clause, the term ?National Security? is defined by the guidance set forth in: (i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3. (ii) The DOC Security Manual, Chapter 18. (iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress. (3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the contractor. (d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (see DOC, Office of the Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter [insert agency or operating unit counsel specific guidance, if applicable]. (e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. (f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy. (g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209?72, Restrictions Against Disclosures. (h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime. (i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall: (1) Within 14 days after contract award, submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and [Insert agency or operating unit counsel specific guidance, if applicable]. The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract. (2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official. (3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 6.3.1.1. (j) The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause. Insert a clause substantially similar to 1352.246?70, Place of Acceptance, in contracts and solicitations to indicate where the acceptance of supplies and/or services will take place. As prescribed in 1346.503, insert the following clause: Place of Acceptance (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: Equipment Condition New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. The offeror must provide within its offer the number of days required to make delivery after it receives a purchase order from the buyer. No partial shipments are permitted unless specifically authorized at the time of award. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far. FAR 52.225-1, Buy America Act Supplies (February 2009)applies The USPTO will make an award to the responsible offeror whose offer will be the most advantageous and represents the best value to the USPTO price and other factors considered. In making the best value determination, the USPTO will evaluate technically acceptable shipping, past performance, and price. If this procurement is for a commercial item(s)as defined by FAR 2.101, then the authority for this procurement is FAR Part 12 "Acquisition of Commercial Items," and FAR 52.212-4 "Contract Term and Conditions-Commercial Items" is hereby incorporated. If this procurement is not for a commercial item(s) then the authority for this procurement is FAR Part 13"Simplified Acquisition Procedures", and FAR 52.213-4 "Terms and Conditions-Simplified Acquisitions (Other than Commercial Items)" is hereby incorporated. Additional information: Contractors/Offerors should note the clauses above incorporate Central Contractor Registration (CCR)requirements. Registration in CCR is required for contract award." These terms and conditions incorporate new Central Contractor Registration (CCR) requirements. Contractors shall include their DUNS number(or DUNS+4, whichever is appropriate) on all invoices. Failure to do so may result in processing delays. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. Advertisements, press releases and publicity of a contract by a supplier shall not be made without the prior express written permission of the Contracting Officer. Deliveries can only be accepted at the USPTOs Warehouse during its hours of operation from 6:30AM to 3:00PM, EST "Contracting Officer's Local Time" Monday through Friday. (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, 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. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, 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. (End of provision) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

J--OPTION - Software Maintenance Renewal - HP WebInspect

Department of Commerce, Patent and Trademark Office (PTO) | Published July 1, 2016  -  Deadline August 5, 2015
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CANCELLATION NOTICE:This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is PTO281P1551674 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-83. The associated North American Industrial Classification System (NAICS) code for this procurement is 811212 with a small business size standard of $27.50M.This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2015-08-05 17:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Alexandria, VA 22313 The DOC United States Patent and Trademark Office requires the following items, Brand Name Only (Exact Match), to the following: Base Period of Performance: 08/01/2015 - 07/31/2016 LI 001: Part Number HA106AC HP Software Support: HP WebInspect POP 8/1/2015 to 7/31/2016 -- *** Software Support *** HP Software Technical Unlimited Support Std Office Hrs Std Office Days SW Technical Support SW Electronic Support Standard Response HP WebInspect 1 Named User SW E-LTU qty. 2 HP Software Updates Service HP Recommended Doc Upd Method License to Use & SW Updates HP Recommended SW Upd Method HP WebInspect 1 Named User SW E-LTU qty. 2, 1, EA; Option 1 Period of Performance: 08/01/2016 - 07/31/2017 LI 001: Part Number HA106AC HP Software Support: HP WebInspect POP 8/1/2016 to 7/31/2017 -- *** Software Support *** HP Software Technical Unlimited Support Std Office Hrs Std Office Days SW Technical Support SW Electronic Support Standard Response HP WebInspect 1 Named User SW E-LTU qty. 2 HP Software Updates Service HP Recommended Doc Upd Method License to Use & SW Updates HP Recommended SW Upd Method HP WebInspect 1 Named User SW E-LTU qty. 2, 1, EA; Option 2 Period of Performance: 08/01/2017 - 07/31/2018 LI 001: Part Number HA106AC HP Software Support: HP WebInspect POP 8/1/2017 to 7/31/2018 -- *** Software Support *** HP Software Technical Unlimited Support Std Office Hrs Std Office Days SW Technical Support SW Electronic Support Standard Response HP WebInspect 1 Named User SW E-LTU qty. 2 HP Software Updates Service HP Recommended Doc Upd Method License to Use & SW Updates HP Recommended SW Upd Method HP WebInspect 1 Named User SW E-LTU qty. 2, 1, EA; Option 3 Period of Performance: 08/01/2018 - 07/31/2019 LI 001: Part Number HA106AC HP Software Support: HP WebInspect POP 8/1/2018 to 7/31/2019 -- *** Software Support *** HP Software Technical Unlimited Support Std Office Hrs Std Office Days SW Technical Support SW Electronic Support Standard Response HP WebInspect 1 Named User SW E-LTU qty. 2 HP Software Updates Service HP Recommended Doc Upd Method License to Use & SW Updates HP Recommended SW Upd Method HP WebInspect 1 Named User SW E-LTU qty. 2, 1, EA; Option 4 Period of Performance: 08/01/2019 - 07/31/2020 LI 001: Part Number HA106AC HP Software Support: HP WebInspect POP 8/1/2019 to 7/31/2020 -- *** Software Support *** HP Software Technical Unlimited Support Std Office Hrs Std Office Days SW Technical Support SW Electronic Support Standard Response HP WebInspect 1 Named User SW E-LTU qty. 2 HP Software Updates Service HP Recommended Doc Upd Method License to Use & SW Updates HP Recommended SW Upd Method HP WebInspect 1 Named User SW E-LTU qty. 2, 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DOC United States Patent and Trademark Office intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DOC United States Patent and Trademark Office is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. Contracting Officer's Authority. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. Contracting Officer's Representative (COR) (APR 2010) (a) ___________ is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: ____________________ ____________________ ____________________ Phone Number:____________________ E-mail:____________________ (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. Insert the clause 1352.209-73, Compliance with the Laws, in all solicitations and contracts. As prescribed in 48 CFR 1309.507-2(c), insert the following clause: Compliance With the Laws (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. As prescribed in 48 CFR 1309.507-2(d), insert the following clause: Organizational Conflict of Interest (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. As prescribed in 48 CFR 1313.106-2-70, insert the following provision: Evaluation Utilizing Simplified Acquisition Procedures (Date) All solicitations using simplified acquisition procedures in FAR Part 13 must include provision 1352.213-70, Evaluation Utilizing Simplified Acquisition Procedures, or similar language setting out evaluation criteria.The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. Insert provision 1352.213-71, Instructions for Submitting Quotations under the Simplified Acquisition Threshold-Non-Commercial, or similar language in all solicitations for non-commercial purchase orders under the simplified acquisition threshold. The contracting officer shall indicate whether electronic submissions of quotations will be accepted. Paragraph (b)(4) of provision 1352.213-71 may be tailored based on the evaluation factors. As prescribed in 48 CFR 1313.302-1-70, insert the following provision: Instructions for Submitting Quotations Under the Simplified Acquisition Threshold-Non-Commercial (Date) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is ____. (b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, quotations must show- (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) Acknowledgment of solicitation amendments; (4) A technical description showing that the offeror can supply the requirements in the specifications or statement of work in sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation. (5) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and reference information (including contract numbers, points of contact with telephone numbers and other relevant information). (6) Price and any supporting details for the price, as requested in the solicitation. (c) Offerors are responsible for submitting quotations, and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. The offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received. Insert clause 1352.239-70, Software License Addendum, in all contracts when the primary purpose is to purchase new software licenses or renew existing licenses. As prescribed in 48 CFR 1339.107, insert the following clause: Software License Addendum (APR 2010) (a) This Addendum incorporates certain terms and conditions relating to Federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. (b) Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et. seq. , and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those fora that have jurisdiction over Federal procurement matters. (c) Attorney's Fees: Attorney's fees are payable by the Federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. (d) No Indemnification: The Federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). (e) Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims." (f) Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. (g) Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). (h) Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. (i) Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the Government to unilaterally exercise one or more options to extend the term of the agreement. As prescribed in 48 CFR 1339.270(a), insert the following provision: Electronic and Information Technology (APR 2010) (a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below: ___ 1194.21 Software applications and operating systems ___ 1194.22 Web-based intranet and internet information and applications ___ 1194.23 Telecommunications products ___ 1194.24 Video and multimedia products ___ 1194.25 Self-contained, closed products ___ 1194.26 Desktop and portable computers ___ 1194.31 Functional performance criteria ___ 1194.41 Information, documentation and support (b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. (c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency. (d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov . Insert clause 1352.239-72, Security Requirements for Information Technology Resources, in all DOC solicitations and contracts for Information Technology services. The clause language may only be modified by adding more restrictive agency- or operating unit counsel -specific guidance As prescribed in 48 CFR 1339.270(b), insert the following clause: Security Requirements for Information Technology Resources (APR 2010) (a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency. (b) Definitions. For purposes of this clause, the term "Sensitive" is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100-235), including the following definition of the term: (1) Sensitive information is " * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy." (2) For purposes of this clause, the term "National Security" is defined by the guidance set forth in: (i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3. (ii) The DOC Security Manual, Chapter 18. (iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress. (3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the contractor. (d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (see DOC, Office of the Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter [insert agency or operating unit counsel specific guidance, if applicable]. (e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. (f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy. (g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209-72, Restrictions Against Disclosures. (h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime. (i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall: (1) Within 14 days after contract award, submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and [Insert agency or operating unit counsel specific guidance, if applicable]. The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract. (2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official. (3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 6.3.1.1. (j) The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause. Insert a clause substantially similar to 1352.246-70, Place of Acceptance, in contracts and solicitations to indicate where the acceptance of supplies and/or services will take place. As prescribed in 1346.503, insert the following clause: Place of Acceptance (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: Equipment Condition New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. The offeror must provide within its offer the number of days required to make delivery after it receives a purchase order from the buyer. No partial shipments are permitted unless specifically authorized at the time of award. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far. FAR 52.225-1, Buy America Act Supplies (February 2009)applies The USPTO will make an award to the responsible offeror whose offer will be the most advantageous and represents the best value to the USPTO price and other factors considered. In making the best value determination, the USPTO will evaluate technically acceptable shipping, past performance, and price. If this procurement is for a commercial item(s)as defined by FAR 2.101, then the authority for this procurement is FAR Part 12 "Acquisition of Commercial Items," and FAR 52.212-4 "Contract Term and Conditions-Commercial Items" is hereby incorporated. If this procurement is not for a commercial item(s) then the authority for this procurement is FAR Part 13"Simplified Acquisition Procedures", and FAR 52.213-4 "Terms and Conditions-Simplified Acquisitions (Other than Commercial Items)" is hereby incorporated. Additional information: Contractors/Offerors should note the clauses above incorporate Central Contractor Registration (CCR)requirements. Registration in CCR is required for contract award." These terms and conditions incorporate new Central Contractor Registration (CCR) requirements. Contractors shall include their DUNS number(or DUNS+4, whichever is appropriate) on all invoices. Failure to do so may result in processing delays. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. Advertisements, press releases and publicity of a contract by a supplier shall not be made without the prior express written permission of the Contracting Officer. Deliveries can only be accepted at the USPTOs Warehouse during its hours of operation from 6:30AM to 3:00PM, EST "Contracting Officer's Local Time" Monday through Friday. (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, 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. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, 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. (End of provision) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

IDCs General Architect Engineering Svcs and Sustainment, Renovation and Modernization (SRM) projects primarily within Picatinny Arsenal, NJ and for the New York District, but can include work anywhere in the North Atlantic Division Boundaries

Department of the Army, U.S. Army Corps of Engineers | Published May 19, 2016  -  Deadline June 17, 2016
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This is a combined synopsis/solicitation, Indefinite Delivery Contract IDC-M-805 and 806 for General Architect Engineering services and Sustainment, Renovation and Modernization (SRM) projects primarily within Picatinny Arsenal, New Jersey and for the New York District, but can include work anywhere in the North Atlantic Division Boundaries. This announcement constitutes the only solicitation, proposals are being requested. The Solicitation number is W912DS-16-AE-0002. 1. CONTRACT INFORMATION: Two (2) contracts will be procured both as a small business set-aside. The NAICS Code is 541330. The size standard is $14 million average annual receipts for preceding three fiscal years.The number one and two ranked small business firms will be selected for negotiations based on demonstrated competence and qualifications for the required work. The length of the indefinite Delivery Contract's (IDC's) is a maximum of 60 months and will not include optional time periods. The total capacity of each contract will not exceed $9,900,000. Task Orders will be issued by negotiated firm-fixed-price task orders and will be issued under the terms and conditions of each IDC contract. The government guarantees a minimum payment of $4,000 for each basic contract. The selected small business firms will need to demonstrate capability to perform at least 51% of the contract work listed below in accordance with EP 715-1, Chapter 3-8 c which can be found at http//www.usace.army.mil/pablications/eng.pamphlets/ep715-1-7toc.htm. In particular, in order to be awarded a small business contract the concern will perform at least 51 percent of the cost of the contract incurred from personnel with its own employees. "Any subcontractor and outside associates or consultants required by the contractor (prime A-E firm) in connection with the services covered by the contract will limit to individuals or firms that were specifically identified and agreed to during negotiations the contractor shall obtain the Contracting Officer's written consent before making substitutions for these subcontractors, associates or consultants". If a substitution is necessitated by illness, death, or termination of employment for whatever reason, the selected A-E firm shall notify the Contracting Officer in writing within 15 calendar days after the concurrences of any of these events and provide the following information to the Contracting Officer: Required information for substitution necessitated by illness, death, or termination of employment for whatever reason: The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution, complete resumes for the new proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications or better qualifications to those of the persons being replaced. The Contracting Officer will notify the contractor within 15 calendar days after receipt of all required information of the decision on substitutions. Approximate award dates of each contract: November 2016. The wages and benefits of services employees (see FAR 22.10) performing under this contract must be at least equal to those determined by the Department of Labor under the Service Contract Act, as determined relative to the employee's office location (not of the location of the work). To be eligible for a contract award, the firm must be registered in the DoD Central Contractor Registration (CCR). Register via the CCR Internet site at http://www.ccr.gov or by contacting the DoD Electronic Commerce Information Center at 1-800-334-3414. The A-E firms selected for these contracts will be responsible to utilize the Army Contractor Manpower reporting (CMR) system and will be required to report certain information to the Army CMR system. For additional information see https://contractormanpower.army.pentagon.mil. 2. PROJECT INFORMATION: A-E services may include but not be limited to the following: preparation of studies, concept and final designs leading to Sustainment, Renovation and Modernization (SRM) construction projects; planning charrettes; professional engineering services; pre-design site assessment; feasibility and concept studies; geotechnical investigation and reports; environmental investigations including permitting studies and reports; asbestos and lead sampling and abatement; site development; cost engineering using MII CACES; value engineering; life cycle costing; post-design shop drawing review; construction phase services; and construction administration. Additional services include but are not limited to: seismic design; topographic and boundaries surveys to include mapping and analysis (including data collection and verification); historical and cultural resources investigations; design review; seismic analysis; environmental analysis; site surveys and evaluation; remediation design; and Environmental Protection Agency (EPA) compliance for Hazardous materials such as petroleum products, asbestos, lead and radon. In Addition New Jersey Department of Environmental Protection(NJDEP), flood hazard analysis/permitting; parametric design; and wetlands remediation and mitigation. The contractor is also required to have expertise and knowledge of the design of Anti-Terrorism/Force Protection (AT/FP) requirements, security and communications systems, fire protection and life safety systems, CADD/GIS, Building Information Modeling (BIM), Sustainable design, LEED Green Building, and preparation of Department Of Defense Explosive Safety Board Submissions, explosive safety design and development of explosive safety Arcs. Examples of potential work include design of New Buildings and Facilities, including but not limited to the following: Research and Development Facilities for advanced weapons systems (these facilities will require blastprotection and explosive safety design); Laboratories, Ordinance Handling and Storage Facilities, Magazines and Ammunitions Storage, Vehicle Maintenance Facilities, Administrative Buildings, Industrial Facilities, Indoor and Outdoor Test Ranges, Infrastructure Systems and Laboratories. Design of repair and/or renovation projects to include the following: Whole Building Renovation, Research and Development Facilities for advance weapons systems ( these facilities will require blast protection and explosive safety design), Laboratories, Replacement of Architectural Elements, Building Seismic Upgrade; Force Protection Upgrades, Mechanical, Electrical, Fire Protection/Detection Systems, Asbestos and Lead Abatement Services or Demolition. Preparation of environmental regulatory documents and permit applications. Engineering inspections/assessments of existing and under construction vertical/horizontal structures. Projects designed under these contracts may require designers to obtain security clearances as well as having physical security measures in place before a firm can do the work. Security clearances are not required at the time of selection or award of a contract. 3. SELECTION CRITERIA: The selection criteria are listed below in descending order of importance (first by major criterion and then by each sub-criterion). Criteria a through e are primary selection criteria. Criteria f and g are secondary selection criteria and will only be used as tiebreakers among technically equal firms. Primary Selection criteria: a. Specialized experience and technical competence: 1. Submit at least one (1) Example Project in SF 330 Section F, that demonstrates ability to plan and prepare construction bid documents, concept designs, final designs, design charrettes, and/or design work involving coordination of project design solution(s) with environmental agency(s) in the area of wetland issues, stream encroachment, flood zones, and/or similar environmental concerns. Project shall also include preparation of related environmental permit applications. Projects completed before December 2008 will not be considered. 2. Submit at least four (4) Example Projects in SF 330 Section F that demonstrates experience with the following project types (each Example Project shall represent a different project type): Research and Development Facilities for Advanced Weapons Systems (these facilities will require blast protection and explosive safety design); Vehicle Maintenance Facilities; Laboratories; Industrial Facilities; Indoor and Outdoor Test Ranges; Administrative Facilities; Ordnance Handling; Ordnance Storage Facilities; Infrastructure Systems. Projects completed before December 2008 will not be considered. 3. Submit at least two (2) Example Projects in SF 330 Section F that demonstrates experience with the following: Whole Building Renovation design that includes at least three (3) of the following design elements as a substantial part of the design (Replacement of Architectural Elements, Building Seismic Upgrade, Anti-Terrorism/Force Protection, Mechanical, HVAC, Electrical, Fire Protection/Detection Systems, Asbestos and Lead Abatement Services or Demolition). Projects completed before December 2008 will not be considered. 4. Submit at least one (1) Example Project in SF 330 Section F that demonstrates experience in preparing Department of Defense Explosive Board (DDESB) submission for Explosive Safety Site Plans related to facilities designed for explosive/energetics operations and/or live-fire ammunition testing and/or explosives detonation testing. Projects completed before December 2008 will not be considered. 5. Submit at least two (2) Example Projects in SF 330 Section F that demonstrates experience in preparing construction bid documents, concept designs and final designs of facilities designed for explosive/energetics operations and/or live-fire ammunition testing and/or explosives detonation testing. Projects completed before December 2008 will not be considered. 6. Demonstrate ability to prepare cost estimates in the latest version of Cost Works, M-CACES, and have experience in MII (m2) software and PACES. In the event that the firm does not have experience in MII (M2) software and PACES, it shall demonstrate haw cost estimating procedures. Projects completed before December 2008 will not be considered." 7. Experience in the ability to provide a QA/QC plan indicating how the prime plans to manage its teams to ensure that quality products are prepared. Demonstrate ability to produce quality designs. Evaluation will be based on the firm's design quality management plan (DQMP) and will consider the management approach, coordination of disciplines, management of subcontractors and quality control procedures. 8. Demonstrate capability to execute multiple task orders simultaneously b. Professional Qualifications: Consideration will only be given to firms that assemble a team of in-house and/or sub-contractors/consultants with a professional staff consisting of the following disciplines. NOTE: Senior project personnel for each key discipline are required to be licensed/ registered. Resumes must be provided for each discipline, except where noted below.(1) Project Manager (Licensed)(2) Quality Assurance Manager (based on the firms QA/QC Plan)(3) Architecture (Licensed)(4) Structural Engineering (Licensed)(5) Civil Engineering (Licensed)(6) Mechanical Engineering (Licensed)(7) Electrical Engineering Licensed)(8) Fire Protection Engineering (Licensed)(9) Cost Engineering(10) Geotechnical Engineering (Licensed)(11) Lead/Asbestos Abatement Inspector (Certification)(12) Certified Industrial Hygienist (Certification)(13) Licensed Interior Designer (Certification)(14) Land Surveyors (Licensed)(15) Anti-Terrorism/Force Protection Specialist(16) Historical Architecture(17)Blast Engineering Specialist (Licensed)(18)Environmental Engineering & Consultant(19)Bridge Inspector (Certified)(20)Dam Inspector (Certified)(21)Retro-Commissioning Agent (Certified)(22)CADD Specialist(23)Planner(24)Explosives Safety Engineering (Licensed)(25) Quality Assurance Construction Manager/Inspector The evaluation will consider education, registration, and training and overall and relevant experienced using information from Section E of the SF 330 includes a matrix in Section G showing experience of the proposed lead designers on the projects listed in Section F of the SF 330. The evaluators will consider education, training, registration, voluntary certificates, overall and relevant experience, and longevity with the firm. Accredited LEED specialists (can be covered by one of the disciplines listed above) Requirements for Fire Protection Engineers are shown in the United Facilities Criteria UFC 3-600-01. Use the latest publication of UFC 3-600-01 as of the posted date off this announcement. Licensed Interior designers are required to pass all 3 sections of the National Council for Interior Design Qualification (NCIDQ) Examination. State Historical Preservation Office experience is acceptable from any state. c. Past Performance on with respect to cost control, quality of work and compliance with performance schedules, as determined from references, other sources and CPARS. Letter of recommendation from customers addressing your firms cost control, quality or work and schedule compliance capabilities may be included in Section H of the SF 330. Letters should be for projects of a similar nature and shall be no older than three years to be considered. d. Capacity: In an effort to expedite the selection process the A-E's are required to demonstrate how they will complete the work within the time parameters of the project given the employee capacity of the team. The evaluation will consider the availability of an adequate number of personnel in all key declines. The evaluation will look at numbers listed in Part II of the SF330 to evaluate the overall capacity of the team. Include a Part II form of the SF 330 for each firm and each office of each firm that is part of the proposed team. e. Knowledge of the locality in the general geographical area of Picatinny Arsenal, NJ boundaries. The evaluators will look at the specific experience of the listed key discipline lead designers (one per discipline) as stated in Section E of the SF 330. Secondary Selection Criteria:f. Geographic Proximity in relation to New York District boundaries. g. Volume of work previously awarded to the firm by the Department of Defense, with the object of effecting an equitable distribution among qualified A/E firms, including small business, Veteran-owned small business, service-disabled small business, HUBZONE small business, small disadvantaged small business and woman-owned small business and minority institutions and firms that have not had prior DoD contracts. 4. SUBMISSION REQUIREMENTS: Interested prime firms having the capabilities to perform these services must submit three (3) hard copies and one (1) CD copy in PDF format of a comprehensive SF 330 (06/2004 edition), which includes all sub-consultants information.The SF 330 can be found on the following GSA website: http://www.gsa.gov/portal/forms/download/116486 The forms can be downloaded in a .pdf file type. Each key office on the team should indicate DUNS # in Block 4 of Part II of the SF330. Total submittal page limitation is 75 pages. Section E is limited to 40 pages. Section F is limited to 10 pages (1 page per project). Each page shall be numbered. Section dividers don't count towards overall page limit. Submittals not following these instructions, may not be evaluated by the Board. Supplemental information on the SF 330 is posted on the NY District USACE website: http://www.nan.usace.army.mil/BusinessWithUs/EngineeringDivision.aspx. Submit the completed SF330's to US Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY, 10278, Room 2037 Attn: Mr. Stephen DiBari, P.E.CENAN EN M. 917-790-8384. Submittals will not be accepted after 5:00 pm on the response date shown in the advertisement in the FedBizOps. If the response date falls on a Saturday, Sunday, or a Federal Holiday, the response date will moved to the next business day. For questions regarding this contract, contact at 917-790-8384 or e-mail: Stephen.Dibari@usace.army.mil. If a Pre-Selection meeting is required, notifications will not be sent after approval of the pre-selection. Notification of all firms will be made within ten (10) calendar days after selection approval. In addition to the two (2) items listed above, the remaining info on Release of information on firm selection shall be in accordance with UAI SUBPART 5.4 (USACE ACQUISITION INSTRUCTIONS). Interviews (discussions) will be held with all the most highly qualified firms as required by FAR 36.602-3(c). All firms will be interviewed by the same method (telephone, video teleconference or in person). Firms will be given sufficient advance notice to allow representatives to participate in the interviews or presentations. All firms will be asked similar questions. The questions will be related to the announced selection criteria including but not limited to, their experience, capabilities, capacity, organization, management, quality control procedures and approach for this project. Firms must be registered in the following: https://www.sam.gov/portal/SAM/#1NAICS Code is 541330.

Quantitative Analysis of Underwater Digital Imagery From Stratified Random Photo-transect Surveys of Coral Reefs in West Maui

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published June 3, 2016  -  Deadline June 13, 2016
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(v) Contract Line Item Numbers See Attached Standard Form 18 included as a separate attachment on FBO. (vi) Description of requirements for the items to be acquired See the Statement of Work which is included as a separate attachment on FBO. (vii) Date(s) and place(s) of delivery and acceptance and FOB Point.Dates:See Period of Performance Place of Delivery:NOAA/NMFS/PIFSC1845 Wasp Boulevard, Building 176Honolulu, HI 96818 All deliveries shall be FOB Destination. All Federal Acquisition Regulation (FAR) clauses listed below are available for download at https://acquisition.gov/far/. (viii) 52.212-1, Instructions to Offerors-Commercial Items (OCT 2015) applies to this acquisition. No addenda are included. (ix) 52.212-2, Evaluation-Commercial Items (OCT 2014) applies to this acquisition as follows: (a) The Government will award a contract resulting from this solicitation to theresponsible 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 A -- APPROACH AND CAPABILITIES - Offerors will be evaluated based on their corporate and individual qualifications to perform the work; adequacy of equipment, materials and facilities proposed; and experience with the types of services identified in the solicitation. Offers will also be evaluated on their potential for attaining stated objectives and milestones on schedule using the techniques and resources described and potential for generating data that is highly comparable with existing photo-transect data from the same study location. Factor B -- PAST PERFORMANCE -- Performance by the offeror and its subcontractor(s) as it relates to all solicitation requirements will be evaluated. The evaluation will include the quality of supplies and services previously performed, timeliness of performance, customer satisfaction and indication of ability to improve performance through proactive management. Evaluation of this factor will be based on the information contained in the proposal and information provided by references. The government may evaluate past performance by contacting references and/or other sources and may also consider other information available. Factor C - PRICE Technical and past performance, when combined, are considered significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The government reserves the right to make an award to other than the lowest priced offer or if the contracting officer determines that to do so would result in the best value to the government. Note that any and all costs associated with proposal preparation, are the responsibility of the quoter and will not be reimbursed by the government. (x) The quoter must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (APR 2016) with its quote.(xi) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (MAY 2015) applies to this acquisition.(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR 2016) applies to this acquisition. Additional FAR clauses cited in the clause are applicable to the acquisition, as follows. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAR 2016)__ (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). __ (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.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved] __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (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 (Jul 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] XX (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. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2015) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 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)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (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)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (37)(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. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(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. __ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (44) 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). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(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). XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). XX (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). XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (10) 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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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. (iii) 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. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of clause)Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Oct 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions.(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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. (D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (E) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (H) 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. (I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (J) ___(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (K) 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). (L) 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). (M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (N) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). (O) 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. (P) 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. (xiii) Additional contact requirements are as follows:1352.201-70 CONTRACTING OFFICER'S AUTHORITY The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. 1352.209-73 COMPLIANCE WITH THE LAWS (APR) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver. 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to reportfraud, waste, or abuse to sign or comply with 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.(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(a) Definitions. As used in this clause- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible 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. (c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-(A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(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. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. 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. (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.(End of clause)52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (a) Except as stated in paragraph (b) 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: (1) Any such clause is unenforceable against the Government. (2) 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. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) 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.52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.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): https://acquisition.gov/far (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. PERIOD OF PERFORMANCE The period of performance of this purchase order is from July 1, 2016 through June 30, 2017. 1330-52.203-70 SCIENTIFIC INTEGRITY AND RESEARCH MISCONDUCT(a) Definitions. As used in this provision -Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment. Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security. Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America. Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion. Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action. (b) (b) General Guidelines1. Maintaining Integrity. The Contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudications of allegations of research misconduct.2. In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the Contractor shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto.3. Primary Responsibility. The Contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the contracting officer, the Contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so.4. By executing this contract, the Contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct.5. The Contractor shall insert the substance of this provision in subcontracts at all tiers that involve research being performed under this contract. (c) Investigating Misconduct Research 1. Initiating Investigation. If the Contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the contracting officer and, unless otherwise instructed, the Contractor shall:a. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted.b. If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions.2. Finalizing Investigation. When the investigation is complete, the Contractor shall forward to the contracting officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor's adjudicating official, the adjudicating official's decision and notification of any corrective action taken or planned, and the subject's written response (if any). (d) Findings and Corrective Actions1. If the Contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall:a. Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, andb. Coordinate remedial action with the contracting officer.(e) Department of Commerce Actions1. The Department of Commerce may accept the Contractor's findings or proceed with its own investigation, in which case the Contractor shall fully cooperate with the investigation. The contracting officer will inform the Contractor of the Department's final determination.2. The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment.1330-52.237-70 CONTRACTOR COMMUNICATIONS(a) A contractor employee shall be identified both by the individual's name and the contractor's name when:1. Included in NOAA's locator, and2. When submitting any type of electronic correspondence to any NOAA employee or stakeholder.(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number. (c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.The following provisions also apply: 1352.232-70 AGENCY PROTESTS(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).(b) Agency protests filed with the Contracting Officer shall be sent to the following address: National Marine Fisheries ServicePacific Islands Fisheries Science Center1845 Wasp Boulevard, Building 176Honolulu, HI 96818. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S. Department of CommerceOffice of Assistant General Counsel for Finance and LitigationContract Law DivisionHerbert C. Hoover Building 14th Street and Constitution Avenue NW, Room H5882Washington DC 20230FAX: (202) 482-5858 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General CounselChief, Contract Law Division, Room 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NWWashington, DC 20230. FAX: (202) 482-5858 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General Counsel Chief, Contract Law DivisionRoom 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NW.Washington, DC 20230FAX: (202) 482-5858 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, 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. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, 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. 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://acquisition.gov/far/ (xiv) Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply. (xv) Quotes are required to be received in the contracting office no later than 2:00 P.M., Hawaii-Aleutian Standard Time (HAST) on June 13, 2016. (xvi) All quotes must be emailed to the attention of Stephanie Garnett Contracting Officer at: Stephanie.m.garnett@noaa.gov. For information regarding the solicitation, the Contracting Officer may be contacted via phone at (808) 725-5356. To be considered, firms must furnish detailed information concerning their capability to provide the required services. Such information shall include (at a minimum): company name, telephone number, address, DUNS number, email address, Standard Form 18, a price proposal and a technical proposal demonstrating the firm's capability to meet the specified requirements. All vendors doing business with the Government are required to be registered in the System for Award Management (SAM) database prior to award of a purchase order.

C--TRANSPORTATION ENGINEERING SERVICES IN SUPPORT OF PROJECTS PRIMARILY AT MILITARY INSTALLATIONS IN THE HAMPTON ROADS REGION OF VIRGINIA

Department of the Navy, Naval Facilities Engineering Command | Published June 7, 2016  -  Deadline July 12, 2016
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SOLICITATION NO. N40085-16-R-6126 - INDEFINITE DELIVERY / INDEFINITE QUANTITY (IDIQ) CONTRACT FOR TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING SERVICES IN SUPPORT OF PROJECTS PRIMARILY AT MILITARY INSTALLATIONS IN THE HAMPTON ROADS AREA OF VIRGINIA ALL INFORMATION NEEDED FOR INTERESTED PARTIES TO SUBMIT A STANDARD FORM (SF) 330, ARCHITECT ENGINEER QUALIFICATIONS IS CONTAINED HEREIN. THIS IS NOT A REQUEST FOR PROPOSAL (RFP). THERE IS NO SEPARATE RFP PACKAGE TO DOWNLOAD. CONTRACT INFORMATION There will be one (1) selection made from this announcement. The duration of this contract will be for one (1) year from the date of an initial contract award with four (4) additional one-year option periods. The maximum value of this contract is not to exceed $15,000,000 for the base year and all option years. The minimum guarantee for the entire contract terms (including option years) is $5,000 and will be satisfied by the award of the initial task order. The options may be exercised within the time frame specified in the resultant contract at the sole discretion of the Government subject to workload and/or satisfaction with the AE firm performance under the subject contract. There will be no dollar limit per task order and no dollar limit per year. No other general notification to firms for projects performed under this contract will be made. The resulting contract will be a firm fixed-price, indefinite delivery, indefinite quantity contract. The estimated start date is November 2016. This proposed contract is being solicited on an UNRESTRICTED basis; therefore, replies to this notice are requested from all business concerns. A sources sought notice was posted under solicitation N40085‐14‐R-8120 to determine availability and capability of businesses to perform the requirement. Based on market research results, the procurement will be solicited as an unrestricted procurement with full and open competition. NAVFAC Mid‐Atlantics Office of Small Business Programs concurs with the determination to solicit as an unrestricted procurement. The North American Industry Classification System (NAICS) code for this procurement is NAICS 541330 – Engineering Services with a size standard of $15,000,000. DESCRIPTION AND PROJECT INFORMATION This procurement will result in one IDIQ contract for Transportation Engineering and Planning Services as described below. It will be procured in accordance with the Selection of Architect and Engineers Statute (formerly the Brooks Act) as implemented by FAR Subpart 36.6. Transportation engineering and planning services are required for a single IDIQ contract for projects located primarily within the Hampton Roads area of Virginia. Projects may be included that serve the entire NAVFAC Mid-Atlantic AOR which includes the states of Virginia, North Carolina, South Carolina, Georgia, Delaware, Pennsylvania, New Jersey, New York, Connecticut, Rhode Island, Massachusetts, New Hampshire, Maine, West Virginia, Indiana and Illinois. Projects may also be included in the entire NAVFAC Atlantic AOR (rare occurrences). The type of work expected to be ordered under this traffic engineering and transportation planning design contract may include, but is not limited to (listed in order of importance for this solicitation): a. Transportation Planning 1. Land uses analysis; existing and future demands 2. Pier demand requirements 3. Trip calibration factors/methodologies for Military Installations 4. Access management b. Traffic engineering studies/design/operation 1. Data Collection 2. Signal Design 3. Signal Timing 4. Entry Control Point Gate Analysis 5. Queuing, field observations, peak hour spreading c. Intelligent Transportation Systems (ITS) 1. Design 2. Regional Architecture and Integration 3. Communications d. Parking 1. Occupancy 2. Turnover 3. Policy e. Multimodal Studies 1. Bicycle/pedestrian 2. Transit f. Roadway Design 1. Alternatives analysis 2. Interchange concept designs and Interchange Justification Report (IJR), Interchange Modification Report (IMR) analysis 3. Other to include horizontal, vertical and miscellaneous roadway design g. User Stated Preferences analysis 1. Origin/Destination studies 2. Queuing studies 3. Development of General Survey 4. GIS applications 5. Topographic and Property Survey h. Stakeholder coordination 1. Integration with regional metropolitan planning organization (MPO) 2. Adjacent cities/counties with regional integration 3. Prioritization requirements Additional Transportation Engineering Services that may be required under this contract include, but are not limited to: performing wetlands delineations; property and topographic surveys; geo-technical engineering; obtaining soil borings; assistance in the preparation of DD Form 1391 project programming documents; design, drafting, value engineering services, preparation of plans and specifications; preparation of cost estimates; hazardous materials identification and environmental testing; interior space planning/design; shop drawing review; as-built drawing preparation; Quality Assurance Plan (QAP) preparation; Title II services such as construction inspection and engineering consultation services during construction; and any other related planning and engineering services or studies in support of the above tasks. Tasks that may be ordered under this contract will require the successful offeror to utilize the following computer programs/applications during performance: Cube, TransCAD, Synchro, Sidra, Highway Capacity Software (HCS), Advanced Land Transportation Performance Simulation, CORSIM, SimTraffic, MicroStation, AutoCAD. The DD Form 1391 documentation is prepared in the Navy’s Electronic Project Generator (EPG) and includes cost valuation, surveying, soil borings, concept sketches, site sketches with utility points of connection and may require enhancement of previously prepared documentation, including economic analysis and recommendations for potential utility impacts and sustainable features. Firms are required to prepare cost estimates utilizing the SUCCESS estimating systems in work breakdown structure (WBS), specifications in the SPECSINTACT program and drawings in AutoCad 2010 format. Additionally, successful firms will also be required to provide documents in pdf format. All projects will require design in the Imperial system unless specifically exempted. The contract requires that the selected firm have online access to e-mail via the internet for routing exchange of correspondence. All design and engineering services shall comply with the most current edition of UFC 1-300-09N “Design Procedures” and other requirements as applicable. Commander, Navy Installations Command (CNIC), has established the Navy Commercial Access Control System (NCACS), a standardized process for granting unescorted access privileges to vendors, contractors, suppliers and service providers not otherwise entitled to the issuance of a Common Access Card (CAC) who seek access to and can provide justification to enter Navy installations and facilities. Visiting vendors may obtain daily passes directly from the individual Navy installations by submitting identification credentials for verification and undergoing a criminal screening/ background check. Alternatively, if the vendor so chooses, it may voluntarily elect to obtain long-term credentials through enrollment, registration, background vetting, screening, issuance of credentials, and electronic validation of credentials at its own cost through a designated independent contractor NCACS service provider. Credentials will be issued every five years and access privileges will be reviewed/renewed on an annual basis. The costs incurred to obtain Navy installation access of any kind are not reimbursable, and the price(s) paid for obtaining long-term NCACS credentials will not be approved as a direct cost of this contract. Application for, and use of, badges will be as directed. Obtain access to the installation by participating in the Navy Commercial Access Control System (NCACS), or by obtaining passes each day from the Base Pass and Identification Office. Costs for obtaining passes through the NCACS are the responsibility of the Contractor. One-day passes, issued through the Base Pass and Identification Office, will be furnished without charge. Furnish a completed EMPLOYMENT ELIGIBILITY VERIFICATION (DHS FORM I-9) form for all personnel requesting badges. This form is available at http://www.uscis.gov/portal/site/uscis by searching or selecting Employment Verification (Form I-9). Allow 7 to 10 days for processing applications for badges. Immediately report instances of lost or stolen badges to the Contracting Officer. a. NCACS Program: NCACS is a voluntary program in which Contractor personnel who enroll, and are approved, are subsequently granted access to the installation for a period up to one year, or the length of the contract, whichever is less, and are not required to obtain a new pass from the Base Pass and Identification Office for each visit. The Government performs background screening and credentialing. Throughout the year the Contractor employee must continue to meet background screening standards. Periodic background screenings are conducted to verify continued NCACS participation and installation access privileges. Under the NCACS program, no commercial vehicle inspection is required, other than for Random Anti-Terrorism Measures (RAM) or in the case of an elevation of Force Protection Conditions (FPCON). Information on costs and requirements to participate and enroll in NCACS is available at http://www.rapidgate.com/vendors/how-to-enroll or by calling 1-877-727-4342. Contractors should be aware that the costs incurred to obtain NCACS credentials, or costs related to any means of access to a Navy Installation, are not reimbursable. Any time invested, or price(s) paid, for obtaining NCACS credentials will not be compensated in any way or approved as a direct cost of any contract with the Department of the Navy. b. One-Day Passes: Participation in the NCACS is not mandatory, and if the Contractor chooses to not participate, the Contractors personnel will have to obtain daily passes, be subject to daily mandatory vehicle inspection, and will have limited access to the installation. The Government will not be responsible for any cost or lost time associated with obtaining daily passes or added vehicle inspections incurred by non-participants in the NCACS. c. The Contractor shall obtain the required employee badges and vehicle passes from the Government at his own expense, or daily passes at no additional cost. Each employee shall wear the Government issued badge over the front of the outer clothing. When an employee leaves the Contractors service, the employees Passes and Badges shall be returned within 5 calendar days. EVALUATION CRITERIA The evaluation criteria listed below will be utilized in the slating of AE firms for interviews and the selection of the awardee. Evaluation Criteria (1) through (4) are considered the most important criteria and equal among themselves; Criteria (5) through (6) are slightly less important than criteria (1) – (4) and equal among themselves; Criteria (7) through (9) are of lesser importance still and equal among themselves. Failure to provide requested data or to comply with the instructions in this notice could result in a firm being considered less qualified or eliminated from consideration. Specific evaluation criteria are as follows: Criterion 1 - Specialized Experience (SF-330 Part 1 Section F): Firms will be evaluated on recent specialized experience and technical competence in performance of services similar to those anticipated under this contract through evaluation of experience in: 1. Transportation planning involving large military installations including, but not limited to, analysis of specific military user characteristics based upon observations of existing installation characteristics and considering likely deployments and/or return of large numbers of service members. 2. Transportation planning involving areas adjacent to large military installations and requiring negotiation and collaboration with key local, state, and federal stakeholders on issues such as analysis of military travel routes, access points, proposed roadway links, and/or peak hour spreading impacts. 3. Traffic engineering projects involving design of Intelligent Transportation Systems adjacent to large military installations that require collaboration with key local, state, and federal stakeholders. Firms may be considered more favorably by demonstrating the following: 1. Experience with planning projects involving large Navy installations. 2. Experience with planning projects involving local Hampton Roads municipalities and/or the Virginia Department of Transportation. Submission Requirements: Using Section F of the SF-330, the AE firm shall provide information on a minimum of three (3) projects up to a maximum of ten (10) projects completed within the past five (5) years or substantially underway (approximately 80% or more of work complete) that best illustrate the specialized experience of the proposed team in the areas outlined above. All projects submitted in the SF-330 must have been completed by the office/branch/regional office/individual team member actually proposed to manage and/or perform work under this contract. Projects not meeting this requirement will be excluded from evaluation. For each submitted project, the offeror shall include the following information: experience as prime contractor or consultant (please specify), point of contact name, e-mail address, phone number, contract number or project identification number, contract period of performance, award contract value, current contract value, and a summary of the work performed that demonstrates relevance to specialized experience as outlined above. Note: If the offeror is a joint venture (JV), information should be submitted on projects performed by the JV. If the JV has not performed relevant projects, information should be submitted for each JV partner, although not to exceed a combined total of ten (10) projects. If a project was performed by a JV, and all JV partners are not on the team proposed for this contract, the offeror/team should specifically address the work performed by the JV partner offering/teaming on this contract. Likewise, if the offeror/team member worked as a subcontractor on a project, the description should clearly describe the work actually performed by the offeror/team member and the roles and responsibilities of each on the project, rather than the work performed on the project as a whole. If the project description does not clearly delineate the work performed by the entity/entities offering/teaming on this contract, the project may not be considered. Projects shall be submitted on the SF-330 and shall be completed or substantially completed projects. Projects not completed or substantially completed will be excluded from evaluation consideration. For submittal purposes, a task order on an IDIQ contract is considered a project. Do not list an IDIQ contract as an example of a completed project. Instead, list relevant completed task orders that fit within the definition above. Failure to provide requested data could result in a firm being considered less qualified. Criterion 2 - Professional Qualifications and Technical Competence (SF-330 Part 1 Section E and Section G): AE firms will be evaluated in terms of the technical competence by discipline (education, active professional registration, and experience) of individual design team members (including AE firms design staff and its sub-consultants) in the types of work required. Design team shall include a minimum of one individual with professional licensure in the State of Virginia who demonstrates experience in planning, transportation, design and traffic engineering. Design teams should demonstrate knowledge of state and local agencies in the Hampton Roads Area of Virginia. Experience (with present and other firms) and roles of staff members specifically on projects addressed in Evaluation Criterion 1 must be indicated. Submission Requirements: Using Section E of the SF-330, provide resumes for all proposed key personnel. Resumes are limited to one page each and should cite project specific experience, indicate proposed role in this contract and office locations. Provide professional registration, certification, licensure and/or accreditation, which should include professional registration of the design team members. Indicate participation of key personnel in example projects in the SF-330 Part 1 Section G. Provide verifiable evidence that your firm is permitted by law to practice the professions of engineering (i.e., state registration number). The Navy will accept showing an individuals professional license number and the state where licensed (typically provided to the Navy by the AE in SF 330 Section E, Box 17) in order to comply with this notice. Criterion 3 - Past Performance (SF 330 Part 1 Section H): AE firms will be evaluated on past performance with Government agencies and private industry in terms of work quality, innovation, compliance with schedules, cost control, overall safety record and stakeholder/customer satisfaction. Evaluating past performance and experience will include information provided on Past Performance Questionnaires (PPQs) for Criterion 1 projects (see submission requirements below) and may include other information provided by the firm, customer inquiries, Government databases, and other information available to the Government including contacts with points of contact in other criteria. Failure to provide requested data, accessible points of contact, or valid phone numbers could result in a firm being considered less qualified. NOTE: Past performance information for projects listed under Criterion 1 will be given greater weight. Submission Requirements: IF A COMPLETED CPARS/ACASS EVALUATION IS AVAILABLE FOR A PROJECT UNDER CRITERION 1, IT SHALL BE SUBMITTED WITH THE COMPLETED SF-330 PACKAGE. IF THERE IS NOT A COMPLETED CPARS/ACASS EVALUATION, the Past Performance Questionnaire (PPQ) included in this notice is provided for the A-E firm or its team members to submit to the client for each project the AE firm includes under Criterion 1. THE AE FIRM SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CPARS/ACASS IS AVAILABLE. IF A CPARS/ACASS EVALUATION IS NOT AVAILABLE, ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with your SF-330. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before the response date set forth in this notice, the offeror shall complete and submit with their response the first page of the PPQ which will provide contract and client information for the respective project(s). AE firms should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Governments point of contact, NAVFAC Mid-Atlantic, Attn: Jeff Haycox via email at jeffrey.haycox@navy.mil, prior to the response date. AE firms shall not incorporate by reference into their response PPQs or CPARS/ACASS previously submitted in response to other AE services procurements. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. In addition to CPARS/ACASS and/or PPQs, provide past performance by the Prime and team members on contracts with government agencies and private industry in terms of work quality, innovation, compliance with schedules, cost control, overall safety record and stakeholder/customer satisfaction. Briefly discuss cost control procedures and adherence to project schedules. Firms may provide any information on problems encountered and the corrective actions taken on projects submitted under Criterion 1 Specialized Experience. Firms may also address any adverse past performance issues. Information shall not exceed two double-sided pages (or four single-sided pages) in total. Awards, letters of commendation, certificates of appreciation, etc. shall not be submitted and will not be considered in the evaluation. Criterion 4 - Program Management and Capacity (SF 330 Part 1 Section H): Firms will be evaluated on the firm’s ability to plan for and manage work under the contract and the capacity to accomplish the work in the required time. AE firm must provide organization and office management as evidenced by management approach (management plan for these projects), and personnel roles in organization, in particular; managements approach/plan to engage and fully integrate with consultants and sub-consultants, ability to perform multiple tasks simultaneously and provide timely responsiveness to the requests, and an understanding of national and regional standards, programs for interagency coordination requirements. Submission Requirements: 1. Provide an organizational chart for the team and discuss the management plan for this contract and personnel roles in the organization. Describe the ability of the firm to manage, coordinate and work effectively with team members, both internal staff and consultants. Discuss the history of working relationships with team members, including joint venture partners where applicable. Teams with a demonstrated history of working together may be considered more favorably 2. Describe the firm’s present workload and the availability of the project team (including consultants) for the specified contract performance period. Describe the workload/availability of the key personnel during the anticipated contract performance period and the ability of the firm to provide qualified backup staffing for key personnel to ensure continuity of services. General statements of availability/capacity may be considered less favorably. 3. AE firms shall also provide a list of existing and potential future endeavors with other agencies that may pose a possible conflict of interest with the Navy relative to transportation projects in Hampton Roads during the initial contract award. Criterion 5 – Geographic Location (SF-330 Part 1 Section H): a) AE firm location in the general geographical area of the anticipated projects, including professional traffic and transportation engineers for primary location; b) knowledge of local site conditions and transportation policies and programs in the surrounding cities/counties and Hampton Roads area and c) ability of the AE firm to ensure timely response to requests for on-site support. Evaluation of firms will include consideration of their location within the general geographical area of the anticipated projects; primarily in the Hampton Roads area of Virginia. Submission Requirements: Indicate location of the office that will be performing work under this contract, including main offices, branch offices and offices of team members. Describe and illustrate the team’s knowledge of the primary geographic areas to be covered by this contract, addressing items a-c above. Criterion 6 - Quality Control Program (SF 330 Part 1 Section H): Firms will be evaluated on the strength of the quality control program proposed by the firm to ensure quality products and services under this contract, and means of ensuring quality services from their consultants/subcontractors. Submission Requirements: Describe the quality control program that will be utilized for all deliverables of this contract and the management approach for quality control processes and procedures. Explain the quality control program including an example of how the plan has worked for one of the projects submitted as part of SF330, Section F or how the plan will work if it has not been used previously. Additionally, discuss any lessons learned that have led to the proposed plan. Provide a quality control process chart showing the inter-relationship of the management and team components. Describe specific quality control processes and procedures proposed for this contract including technical accuracy of and assurance of overall coordination of plans and specifications, and engineering and design services. Identify the quality control manager and any other key personnel responsible for the quality control program and a description of their roles and responsibilities. Describe how the firm’s quality control program extends to management of subcontractors. Criterion 7 - Sustainable Design (SF330, Part I, Section H): Firms will be evaluated in terms of their knowledge and demonstrated experience in applying sustainability concepts through an integral design approach and designing in accordance with recognized sustainability rating systems such as U.S. Green Building Council, Leadership in Energy and Environmental Design (LEED) Green Building Rating System. Submission Requirements: Identify examples indicating design team (including consultants) experience and concepts employed, certification awarded, and accredited professionals proposed for this contract. Criterion 8 - Volume of DoD Work (SF 330 Part 1 Section H): Firms will be evaluated in accordance with DOD Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance and Information (PGI) 236.602-1, from data extracted from the Federal Procurement Data System (FPDS). Firms will be evaluated in terms of work previously awarded to the firm by DOD within the past twelve months with the objective of effecting an equitable distribution of contracts among qualified AE firms including small, disadvantaged business firms, and firms that have not had prior DOD AE contracts. Submission Requirements: Firms do not submit data for this factor. Criterion 9 - Small Business and Small Business Subcontracting Plan (SF 330 Part 1 Section H): Firms will be evaluated in terms of their extent to identify and commit to Small Business (SB), Small Disadvantaged Business (SDB), Women-Owned Small Business (WOSB), Historically Underutilized Business Zone Small Business (HUBZoneSB), Veteran-Owned Small Business (VOSB), Service Disabled Veteran Owned Small Business (SDVOSB), and if applicable, Historically Black Colleges or Universities and Minority Institutions (HBCU/MI) in performance of this contract, whether as a joint venture, teaming arrangement, or subcontractor. The Government will evaluate proposals based on: (a) Past performance in utilization of small business concerns, and (b) Participation of small business concerns for this requirement. Submission Requirements: In support of (a), all firms shall provide historical data on utilization of SB, SDB, WOSB, HUBZoneSB, VOSB, SDVOSB and HBCU/MI. Large Businesses shall submit three “final” or “most recent” Individual Subcontracting Reports (ISRs) for similar contracts of relative size which show compliance with utilizing the various types of small business firms noted above. If ISRs are not FINAL or MOST RECENT they will not be considered. If subcontracting goals were not met, provide an explanation. If Individual Subcontracting Reports were not applicable to the similar contracts noted, large businesses shall submit other documentation which shows their utilization of the various types of small business firms for the contracts. Small Businesses shall also submit documentation which shows their utilization of the various types of small business firms for similar contracts of relative size. In support of (b), large businesses shall submit a draft Small Business Subcontracting Plan, in which they will be evaluated on the extent to which they identify and commit to supporting various small business programs. NAVFAC Mid-Atlantic’s small business subcontracting targets for FY16 are as follows: Small Business (SB) 65%; Historically Underutilized Business Zone (HUBZone) 6%; Small Disadvantaged Business (SDB) 15%; Women-Owned Small Business (WOSB) 15%; Veteran-Owned Small Business (VOSB) 5%; and Service-Disabled Veteran-Owned Small Business (SDVOSB) 5%. If a large business is selected for award, a Small Business Subcontracting Plan, in accordance with FAR 19.7 and DFAR 219.7, will be required and incorporated into the contract award. A draft Small Business Subcontracting Plan is not required from small businesses; however, small businesses shall submit similar information on the extent to which they identify and commit to subcontracting to large business (LB), SB, SDB, WOSB, HUBZoneSB, VOSB, SDVOSB, and HBCU/MI if applicable in the performance of this contract. The attached Small Business Subcontracting Plan template shall be used by large businesses to complete the draft subcontracting plan. Firms shall submit their “draft” Small Business Subcontracting Plans utilizing this template, and ONLY this template. SUBMISSION REQUIREMENTS Architect-Engineer firms desiring to be considered for this contract must submit a completed SF-330 package. The SF-330 shall be typed, one sided, at least 10 point or larger. Part I shall not exceed fifty (50) single-sided 8.5 by 11 inch pages. The page limit does not include the ISRs, certificates, PPQs, licenses, or the draft subcontracting plan as required by the Small Business Subcontracting criterion. Include these documents in a separate section immediately following Part I of the SF-330. Part I pages shall be numbered sequentially. As an attachment, provide an organizational chart of the proposed team (Section D of the SF-330) showing the names and roles of all key personnel listed in Section E with the associated firm as listed in Section C. Introductions shall be included in Sections E and F. Please include your DUNS, CAGE and TIN numbers in Block 30 of the SF-330. Contractors must register in the System for Award Management (SAM) database to be eligible for award. Failure to register in the SAM database may render your firm ineligible for award. For more information, check the SAM website at https://www.sam.gov/ or call 1-866-606-8220. PLEASE READ THE FOLLOWING CAREFULLY: The AE firm must be a registered /licensed architectural and/or engineering firm to be eligible for award of this contract and must submit proof of the same with the SF-330. Failure to submit the required proof could result in an offeror’s elimination from consideration. Failure to submit an SF330 completed as required may result in an offeror’s elimination from consideration. Firms responding to this advertisement are requested to submit five (5) hard copies of the SF-330 and two (2) CDs. Responses are due no later than 2:00 p.m. local time, 12 July 2016. Responses should be sent to the following address: Commanding Officer NAVFAC, Mid-Atlantic Attn: Jeff Haycox, Contract Specialist Building Z-140, Room 225 9324 Virginia Ave. Norfolk, VA 23511 Late responses will be handled in accordance with FAR 52.215-1. Hand carried responses will not be accepted. Electronic (E-mail, facsimile, etc.) submissions are not authorized. NO EXCEPTIONS AT ALL. Inquiries concerning this project shall be made no later than 10 days prior to proposal due date. Inquiries must include solicitation number and be addressed to Jeff Haycox via email: jeffrey.haycox@navy.mil.

IDC M-320, Indefinite Delivery Contract for Construction Management Services, primarily within New York District and other USACE locations within NAD/MSC Boundaries including Fort Hamilton, NY, West Point, NY, Fort Drum, NY, Picatinny, NJ, and JBMD, NJ

Department of the Army, U.S. Army Corps of Engineers | Published December 24, 2015  -  Deadline January 27, 2016
cpvs

W912DS-16-AE-0001 Combined Synopsis/Solicitation CONTRACT TITLE: Indefinite Delivery Contract M-320, Engineering and Construction Management (CM) Services within New York District, primarily within New York and other Corps of Engineers locations within NAD/MSC Boundaries including Fort Hamilton, NY, U.S.M.A. West Point, NY, Fort Drum, NY, Picatinny Arsenal, NJ and Joint Base-McGuire/Dix Lakehurst, NJ. 1. CONTRACT INFORMATION: This contract is being procured in accordance with Public Law 92-582, the Brooks Act as implemented in FAR Subpart 36.6 and DFARS 236.6 using full & open competitive procedures. NAICS Code 541330. Size standard is $15 million dollars. The selection will be based on demonstrated competence and qualifications for the required work. One (1) A-E firm will be selected based on demonstrated competence and qualifications for the required work. The contract is procured as 100% Small Business set aside. The number one ranked firm will be selected for negotiations based on demonstrated competence and qualifications for the required work. The length of this contract is a maximum of 60 months and will not include optional time periods. The total capacity of this contract will not exceed $9,500,000. Task orders will be issued by negotiated firm fixed price task orders and will be negotiated and issued under the terms and conditions of this Indefinite Delivery Contract (IDC). The Government shall be under no obligation to issue any particular number or types of orders and no liability to the contractor shall be incurred in the event that a certain number or types of orders are not issued; however, the Government guarantees a minimum ordering obligation of $35,000 for the basic contract via the first task order in concurrence with the IDC award. Labor rates for each discipline, overhead rates, and escalation factors for each year will be negotiated in the basic contract; and profit will be negotiated on a task order by task order basis. The selected small business A-E firm will need to demonstrate capability to perform at least 51% of the contract work listed below in accordance with EP 715-1, Chapter 3-8c which can be found at: http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamph-1-7.pdf. In particular, in order to be awarded a small business contract the concern will perform at least 51 percent of the cost of the contract incurred from personnel with its own employees. NOTE: This is a minimum ordering obligation: NOT a minimum payment. Contractor shall only be entitled to breach of contract damages, i.e., anticipated profit for an order of this amount and provable standby costs in the event that the government does not issue orders for the value of the minimum-ordering guarantee. Subcontractors and Outside Associates and Consultants (Architect-Engineer Services) (FAR 36.606(e), 44.204(b) and 52.244-4). The following applies: "Any subcontractors and outside associates or consultants required by the Contractor (prime A-E firm) in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified and agreed to during negotiations. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these subcontractors, associates, or consultants." If a substitution is necessitated by illness, death, or termination of employment for whatever reason, the selected A-E firm shall notify the Contracting Officer in writing within 15 calendar days after the occurrence of any of these events and provide the following information to the Contracting Officer: required information for substitutions necessitated by illness, death, or termination of employment for whatever reason. The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications or better qualifications to those of the persons being replaced. The Contracting Officer will notify the contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The prime A-E firm must obtain the contracting officer's consent to change any subcontractors that were identified during selection and negotiation. The contracting officer should refer the qualifications of any new subcontractor to the original selection board (to the extent that these individuals are available) for evaluation. Approval of these substitutions may result in a price credit to the Government. Approximately award date: February 2016. The wages and benefits of services employees (see FAR 22.10) performing under this contract must be at least equal to those determined by the Department of Labor under the Service Contract Act, as determined relative to the employee's office location (not of the location of the work). To be eligible for a contract award, a firm must have a DUNS number from Dun & Bradstreet (D&B) and be registered in the DoD System for Award Management (SAM). If you were not previously registered, please go to https://www.sam.gov. Instructions for new registration are also located at the following link: https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract_Registrations_v1.7.pdf Contractors may obtain information on registration and annual confirmation requirements at http://www.sam.gov or by calling (866) 606-8220. The A-E firm selected for this contract will be responsible to utilize the Army Contractor Manpower reporting (CMR) system and will be required to report certain information to the Army CMR system. For additional information see https://contractormanpower.army.pentagon.mil. The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web-enabled application the supports the completion, distribution and retrieval of all contract performance evaluations. Contractor Representatives are responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm. 2. PROJECT INFORMATION DESCRIPTION OF SERVICES - A-E construction management services may include but not limited the following: The scope of services under this contract will be design and engineering management services performed relative to the performance of construction management services to include but not limited to design and constructability review, claims analysis, modification support, office engineering, construction cost estimating, report preparation, construction documentation, Engineering Management, construction schedule analysis, commissioning support, corrosion analysis and design, site condition reports and testing, Design and Engineering Services and Sanitary Engineering Support. Engineer Construction Quality Assurance activities shall be performed relative to the performance of construction management services. The proposed project team must have the capability to perform the basic construction management disciplines (i.e. architectural, civil, environmental, structural, mechanical, and electrical) with in house personnel; joint venture or firm / consultant arrangements will be considered and evaluated for demonstrated interdependency of the members to provide services in the basic disciplines as well as specialty fields. This contract will require experience in both Military Construction and Civil works projects. 3. Construction Management Services Support Tasks: The Contractor shall comply with the product delivery schedule stated herein, except as otherwise specified by individual task orders. The primary A-E construction management services that may be requested under this contract include; but are not limited to, are the following: a. Design and Constructability Reviews: i. Submit comments citing specific deficiencies and referencing correct information upon review of construction plans. Deficiencies shall include but are not limited to biddability / operability / constructability / environmental and sustainability requirements, incorrect citations, grammar, and incorrect/missing procedures. Insure contractor compliance with contract and specification requirements. Comments shall be submitted to the USACE assigned Project Engineer within 5 working days from receipt of the submittal. ii. Submit comments citing specific deficiencies and referencing correct information upon review of specifications. Deficiencies shall include but are not limited to biddability / operability / constructability / environmental and sustainability requirements, incorrect citations, grammar, and incorrect / missing procedures. Insure contractor compliance with contract and specification requirements. Comments shall be submitted to the USACE assigned Project Engineer within 5 working days from receipt of the submittal. iii. Submit comments citing specific deficiencies and referencing correct information upon review of technical submittals. Deficiencies shall include but are not limited to design flaws, incorrect citations, grammar, calculation errors, incorrect / missing procedures, and compliance to the construction contract. Insure contractor compliance with contract and specification requirements. Comments shall be submitted to the USACE assigned Project Engineer within 5 working days from receipt of the submittal. iv. Submit evaluations and responses to RFIs submitted by the construction contractor based on knowledge of contractual requirements, sound engineering and construction practices, and other professional knowledge. RFI responses shall be submitted to the USACE assigned Project Engineer within 2 working days from receipt of the submittal. v. Provide coordination assistance with contractors, local officials, and the public as necessary; and refer any recommendations to the USACE assigned Project Engineer within 2 working days from date of coordination meeting. vi. Check appropriate codes, criteria, and guidelines including technical references and specifications; and consult with design personnel and subject matter specialists in formulating recommended courses of action; and refer recommendations to the USACE assigned Project Engineer within 2 working days from date of coordination meeting. b. Claims Analysis: i. Prepare a technical analyses of construction contract claims involving disputes on contract interpretations, contract modification costs, Government caused delays, differing site conditions, construction suspension and acceleration, and other impact and labor inefficiency claims; Prepare background data required for technical and legal review given a formal decision is required; Consider all pertinent facts including Quality Assurance (QA) and Contractor Quality Control (CQC) reports, master diaries, substantiating correspondence, other contract documents (i.e. plans and specifications, shop drawings, and submittals), Government and commercial technical publications and standards, interview with Government and contractor field personnel, etc. Evaluate the potential win / loss risk and its economic impact on the project as a whole. Consider all outstanding issues, such as other outstanding changes, claims, and delays, project engineer limitations, and the potential cost of litigation. Recommend to Government personnel a fully coordinated position representing what is in the "best interest" of the Government. For claims determined to have potential for merit, support negotiations for extent of entitlement and costs. ii. Prepare a technical analysis, for claims which cannot be resolved and for which the contractor requests a Contracting Officer's Final Decision, outlining the Government's position for further review and staffing in the District. iii. Deliver each of the above mentioned technical analysis to the Contracting Officer via the USACE assigned Project Engineer within 5 working days from receipt of the claim. c. Modification Support: i. Perform the full range of contracting activities associated with the construction operations, supporting Government personnel on matters related to contract modifications, changes and contractor claims. ii. Submit comments furnishing advice and assistance on potential problems based on review of contractor plans, specifications, network analysis, on-site inspections etc.; and make recommendations for improving the administrative procedures for processing changes. Comments shall be submitted to the USACE assigned Project Engineer within 3 working days from request. iii. Prepare Independent Government Estimates (IGE) pertaining to contract modifications for government approval. The IGE shall be submitted to the USACE assigned Project Engineer within 3 working days from receipt of the Scope of Work. iv. Submit technical comments for Pre and Post Negotiation Memorandums (PNMs and POMs) for government approval. Comments shall be submitted to the USACE assigned Project Engineer within 3 working days from request. v. Submit comments citing specific deficiencies and referencing correct contractor information and proper requirements upon review of draft RFPs. Insure contractor compliance with contract and specification requirements. Comments shall be submitted to the USACE assigned Project Engineer within 2 working days from receipt of the submittal. vi. Submit comments citing specific deficiencies and referencing correct information upon review of scopes of work. Deficiencies shall pertain but are not limited to relevancy of deliverables, correct detail of deliverables, and achievability of time period. Review and discuss proposed changes with the contractor' representatives regarding scope to assure that contractor's proposals cover all work envisioned in the change. Insure contractor compliance with contract and specification requirements. Comments shall be submitted to the USACE assigned Project Engineer within 3 working days from receipt of the submittal. d. Office Engineering: i. Submit comments on contractors' contract progress data, material and equipment usage, quality control and survey reports to verify the validity of the computation of progress payments to contractor. Comments shall be submitted to the USACE assigned Project Engineer within 5 working days from receipt of contractors' contract progress data. ii. Perform periodic reviews regarding potential construction contractor claims / disputes relative to contract requirements and/or discrepancies in the drawings and/or specifications. Comments shall be submitted to the USACE assigned Project Engineer within 1 working day from discovering any construction contractor claims / disputes and/or discrepancies in the drawings or specifications. iii. Develop Quality Assurance plans for specific construction projects and ensure that they are implemented. QA plan shall be submitted to the USACE assigned Project Engineer prior to commencement of construction. e. Contract Administration to include Quality Assurance: i. Submit daily Quality Assurance (QA) reports documenting quality assurance inspections upon performing surveillance of contract work to assure that the contractor is producing work in conformance with the plans and specification. Reports shall include but not limited to descriptions of observed QC tests; defects in structure, envelope, concrete, mechanical, electrical, plumbing, fire protection, fire alarm, site work, and etc.; and QA log. Reports shall be submitted to the USACE assigned Project Engineer within 1 working day from date of the inspection. ii. Witness field tests, and review all contractor test reports and any Government materials tests for conformance with specifications; establish and maintain a log of all field tests required by the contract and perform QA testing. Notify USACE assigned Project Engineer within 1 day of confirming non-compliant work. iii. Perform surveillance of survey operations for layout and elevations of construction work. Determine adequacy and validity of contractor's measurement data. Submit daily Quality Assurance (QA) reports. Notify USACE assigned Project Engineer within 1 day of confirming non-compliant work. iv. Assist on request coordination for passes, outages, excavations, hauling, and delivery routes associated with projects as required. Submit daily Quality Assurance (QA) reports. Notify USACE assigned Project Engineer within 1 day of confirming non-compliant work. v. Verify quantities of all work in place and materials stored on site. Review and comment on the accuracy of the construction contractor's requests for payment. Submit daily Quality Assurance (QA) reports. Notify USACE assigned Project Engineer within 1 day of confirming non-compliant work. vi. Submit and distribute meeting minutes upon attendance at the preconstruction, quality control, progress meetings and conferences. Minutes shall be submitted to the USACE assigned Project Engineer and all attendees within 3 working day from date of the meeting. vii. Submit comments on interpretation of plans and specifications for Government use in contractor disputes. Comments shall be submitted to the USACE assigned Project Engineer within 3 working days from receipt of the tasking. viii. Submit reports on observed QA testing. Reports shall include but not limited to test name, date, time, location, purpose, results; persons involved procedures, weather, and variables that may affect test accuracy. Reports shall be submitted to the USACE assigned Project Engineer within 1 working day from date of the testing. ix. Submit reports on observed construction activities based on surveillance of contract work to assure that the contractor is producing work in conformance with the plans and specification. Reports shall include but not limited to activity observed, date, time, location, occurrences that may affect quality of completed work, and procedure used to complete work. Reports shall be submitted to the USACE assigned Project Engineer within 1 working day from date of the observation. x. Submit reports on potential solutions to problems resulting from augmented requirements. Problems may include but not limited to inclement weather, unforeseen site condition, design errors or omissions, customer requested changes, or changed criteria and augmented time table. Reports shall be submitted to the USACE assigned Project Engineer within 2 working days from date of the observation or tasking. xi. Submit reports on health and safety nonconformance with emphasis on asbestos and lead abatement. The Contractor shall observe the construction contractor's compliance with site specific health and safety plan, safety manual and OSHA requirements. Reports shall include but not limited to the offender's name and location, date, time, and nature of violation. Reports shall be submitted to the USACE assigned Project Engineer within 1 working day from date of the observation or tasking. For serious safety violations which could result in loss of life or limb or compromise public safety, immediate telephonic notification and action taken shall be provided to the USACE assigned Project or Resident Engineer. xii. Submit comments upon review of the construction contractor's daily quality control (QC) reports. Evaluate contractor's progress, quality control, and safety operations for effectiveness. Comments shall include but not limited to validity of deficiency, citing of necessary support information and regulations, and. correct detail of QC reports. Comments shall be submitted to the USACE assigned Project Engineer within 1 working day from date of the review. xiii. Submit comments upon review of the construction contractor's monthly construction schedules for adherence to contractual requirements and schedule. Comments shall be submitted to the USACE assigned Project Engineer within 2 working days from date of the receipt of schedule. xiv. Submit comments upon review of the construction contractor's monthly progress payment requests based on accomplishment of objectives in accordance with contract schedule, price and quality standards. Comments shall be submitted to the USACE assigned Project Engineer within 1 working day from date of the receipt of payment estimate. xv. Submit minutes to meetings attended. Minutes shall include but not limited to due outs, important notes, updates, and new issues. Minutes shall be submitted to the USACE assigned Project Engineer within 2 working days of the meeting. xvi. Submit evaluations of contractor proposals. Evaluations shall include but not limited to confirmation of correct scope of work used, verification of complete scope of work used, difference in hours used per task, difference in rates used, and any additional requirements. Comments shall be submitted to the USACE assigned Project Engineer within 2 working days from date of the receipt of contractor proposal. xvii. Submit comments upon review of project schedule submissions. Comments shall address but not limited to construction tasks completed in the last week, tasks not completed on schedule, reason for delay, tasks completed early, and tasks pushed forward in the last week. Comments shall be submitted to the USACE assigned Project Engineer within 2 working days from date of the receipt of schedule. xviii. Submit cost reports including but not limited to cost estimation of construction task (labor and material), cost impact on budget, and analysis of quantities needed. Reports shall be submitted to the USACE assigned Project Engineer within 2 working days from date of the receipt of tasking. xix. Provide market research support including but not limited to listing of companies supplying the needed requirement, cost of requirements, lack of or extra features provided, and past performance. Reports shall be submitted to the. USACE assigned Project Engineer within 2 working days from date of the tasking. xx. Upon notification of pre-final and final inspection of the construction contractors completed work, the Contractor shall provide daily punch list inspection and contract closeout reports with observations, findings and recommendations. Reports shall be submitted to the USACE assigned Project Engineer within 1 working day from date of the inspection. xxi. The A-E shall input data, using the USACE RMS program, to maintain project awareness, electronic documentation of memo's, reports, drawings, contractual instruments and other project information. f. Preparation of Site Condition Reports and Testing: i. Prepare special reports pertaining or related to unforeseen site conditions not indicated in contract documents. Reports shall be submitted to the USACE assigned Project Engineer within 3 working day from date of the inspection. ii. Obtain the services of a certified testing laboratory, including all testing equipment and analysis as required to test for Hazard Materials (asbestos, contaminated soil, lead, PCB's etc.). Attain contract award within 6 weeks of confirming the need for the testing. g. Design and Engineering Services: i. Provide Design and Engineering Services requiring Architectural, Civil, Structural, Geotechnical, Mechanical and Electrical; Specialties; Elevators, fire and Life Safety, Security, Seismic, Accessibility (ADA requirements), Environmental, Certified Industrial Hygienist, Corrosion Control Analysis & Design, Cost Estimating (GIS), interior design, acoustical, historic preservationist for modification to existing and new facilities. ii. Preparation of project analysis and investigative reports, conceptual designs, contract documents (complete or abbreviated plans and specifications), site plans, exterior and interior layouts and designs, interior furnishings and finish schedules, project cost estimating and scheduling. iii. The above design services will only be incidental to the Construction Management Services the A/E will be performing. Specialty requirements: Requirements for Fire Protection Engineers are shown in the United Facilities Criteria UFC 3-600-01, http://62.204.17.188/report/doc_ufc.html. Use the latest publication of UFC 3-600-01 as of the posted date off this announcement. Licensed Interior designers are required to pass all 3 sections of the National Council for Interior Design Qualification (NCIDQ) Examination. State Historical Preservation Office experience is acceptable from any state. Requirements for GIS Technicians - Must develop, maintain and update Geographic Information System (GIS) databases; obtain data from city, state, federal and private sources; receive and review maps, land parcel records and engineering documents. Identify pertinent GIS information and convert data into proper GIS formats. Ensure accuracy and completeness; enter data into databases; and update essential GIS layers and databases. Create a variety of maps and GIS related documents. Provide expertise in GIS hardware and software products. Provide technical support to GIS users. At least 5 years of the above GIS Technician experience with at least a Bachelor's degree in Geographic Information Systems from an accredited university. Requirements for GIS Analyst - Shall be responsible for engineering support relating to resources and facilities support, database planning and design, systems analysis and design, network services, programming, conversion and implementation support, network services project support, data/records support, AUTOCAD proficiency and its interaction with GIS, and other computer related services. Contributes to the completion of specific programs and projects with frequent customer contact. Education and Experience: At least 5 years of the above GIS Analyst experience with at least a Bachelor's degree in Computer-Aided Design or Engineering Design Technology from an accredited university. Requirements for Commissioning Engineers - shall be a Certified Commissioning Professional (CCP) or Certified Building Commissioning Professional (CBCP). The CCP or CBCP will Perform Quality Assurance on contractor's commission plans and submittals and during commissioning serve as the government's Quality Assurance Representative. Requirements for Corrosion Control Analysis and Design - must be a registered PE with certification or licensing in corrosion control of buried metal pipes and tanks. Shall demonstrate expertise in analysis of corrosion issues and the design of corrosion prevention systems including cathodic protection, coatings for industry, inspection, corrosion testing, and material selection for specific chemical resistance. 4. SELECTION CRITERIA: The selection criteria are listed below in descending order of importance (first by major criterion and then by each sub-criterion). Criteria a through f are primary selection criteria. Criteria g and h are secondary selection criteria and will only be used as tiebreakers among technically equal firms. Primary Selection criteria: a. Specialized experience and technical competence: i. The experience of firm and its consultants previously listed in Section 2 Project Information of this announcement. ii. Experience in the ability to provide a QA/QC plan indicating how the prime plans to manage their team to ensure that quality products are prepared. Demonstrate ability to produce quality designs. Evaluation will be based on the firm's design quality management plan (DQMP) and will consider the management approach, coordination of disciplines, management of subcontractors and quality control procedures. iii. Demonstrate capability to execute multiple task orders simultaneously b. Professional Qualifications: Consideration will only be given to firms that assemble a team of in-house and/or sub-contractors/consultants with a professional staff consisting of the following disciplines. NOTE: Senior project personnel for each key discipline listed below are required to be licensed/registered. Resumes must be provided for each discipline, except where noted below. i. Project Manager (Architect or Engineer with R.A. and/or P.E. required) ii. Quality Assurance Manager (based on the firm's QA/QC Plan, Architect or Engineer with R.A. and/or P.E. required) iii. Architecture (Registration required) iv. Structural Engineering (P.E. required) v. Civil Engineering (P.E. required) vi. Mechanical Engineering (P.E. required) vii. Electrical Engineering (P.E. required) viii. Sanitary Engineer (P.E. required) ix. Fire Protection Engineering (P.E. required) x. Cost Engineering xi. Geotechnical Engineering (P.E. required) xii. Licensed Interior Designer xiii. Certified Industrial Hygienist xiv. Historical Architect (Registration required) xv. Lead/Asbestos Abatement Inspector xvi. Elevator Specialist xvii. Life Safety Engineer (P.E. required) xviii. Security Specialist (P.E. required) xix. Seismic Engineer (P.E. required) xx. Environmental Engineer (P.E. required) xxi. Acoustical Engineer (P.E. required) xxii. Construction Manager (P.E. or R.A. required) xxiii. Construction Project Engineer xxiv. Construction Scheduler xxv. Commissioning Engineer (P.E. required) xxvi. CADD Operator The evaluation will consider education, registration, and training and overall and relevant experienced using information from Section E of the SF 330 includes a matrix in Section G showing experience of the proposed lead designers on the projects listed in Section F of the SF 330. Requirements for Fire Protection Engineers are shown in the United Facilities Criteria UFC 3-600-01, http://62.204.17.188/report/doc_ufc.html. Use the latest publication of UFC 3-600-01 as of the posted date off this announcement. Licensed Interior designers are required to pass all 3 sections of the National Council for Interior Design Qualification (NCIDQ) Examination. State Historical Preservation Office experience is acceptable from any state. c. Past Performance with respect to cost control, quality of work and compliance with performance schedules, as determined from references, other sources and CPARS. Letter of recommendation from customers addressing your firms cost control, quality or work and schedule compliance capabilities may be included in Section H of the SF 330. Letters should be for projects of a similar nature and shall be no older than three years to be considered. d. Capacity: In an effort to expedite the selection process the A-E's are required to demonstrate how they will complete the work within the time parameters of the project given the employee capacity of the team. The evaluation will consider the availability of an adequate number of personnel in all key disciplines. The evaluation will look at numbers listed in Part II of the SF330 to evaluate the overall capacity of the team. Include a Part II form of the SF 330 for each firm and each office of each firm that is part of the proposed team. e. Knowledge of the locality in the general geographical area of North Atlantic Division boundaries. The evaluators will look at the specific experience of the listed key discipline lead designers (one per discipline) as stated in Section E of the SF 330. f. Geographic Proximity in relation to New York District boundaries. Secondary Selection Criteria: g. Small Business and Small Disadvantaged Business Participation: Extent of participation of small businesses (including women-owned), small disadvantaged businesses, historically black colleges and universities, and minority institutions in the proposed contract team, measured as a percentage of the total estimated effort. h. Volume of work previously awarded to the firm by the Department of Defense, with the object of effecting an equitable distribution among qualified A/E firms, including small business, Veteran-owned small business, service-disabled small business, HUBZONE small business, small disadvantaged small business and woman-owned small business and minority institutions and firms that have not had prior DoD contracts. 4. SUBMISSION REQUIREMENTS: Interested prime firms having the capabilities to perform these services must submit three (3) hard copies and one (1) CD copy in PDF format of a comprehensive SF 330 (06/2004 edition), which includes all sub-consultants information. The SF 330 can be found on the following GSA web-site: http://www.gsa.gov/Portal/gsa/ep/home.do?tabId=0 The forms can be downloaded in a .pdf file type. Each key office on the team should indicate DUNS # in Block 4 of Part II of the SF330. Include the prime firm's CPARS number in Block H, SF 330. Total submittal page limitation is 75 pages. Section E is limited to 40 pages. Section F is limited to 10 pages (1 page per project). Each page shall be numbered. Section dividers don't count towards overall page limit. Submittals not following these instructions, may not be evaluated by the Board. Supplemental information on the SF 330 is posted on the NY District USACE website: http://www.nan.usace.army.mil/BusinessWithUs/EngineeringDivision.aspx. Submit the completed SF330's to: U.S. Army Corps of Engineers, 26 Federal Plaza, Room 2037 New York, NY 10278 Attn: Mr. Stephen DiBari, P.E. All interested firms have until Wednesday 27th, January 2015 at 2:00 pm to submit the (3) completed SF 330's. Submittals will not be accepted after 2:00 pm on the original response date shown in the advertisement in the FedBizOps. If the response date falls on a Saturday, Sunday, or a Federal Holiday, the response date will moved to the next business day. Facsimile transmissions of the SF330 will not be accepted. Due to heightened security around 26 Federal Plaza, be prepared to leave ample time to gain entry into the building. For questions regarding this contract, contact Lisa Assim at 917-790-8180 or by e-mail at Lisa.M.Assim@usace.army.mil. If a Pre-Selection meeting is required, notifications will not be sent after approval of the pre-selection. Notification of all firms will be made within ten (10) calendar days after selection approval. In addition to the two (2) items listed above, the remaining info on Release of information on firm selection shall be in accordance with UAI SUBPART 5.4 (USACE ACQUISITION INSTRUCTIONS). Interviews (discussions) will be held with all the most highly qualified firms as required by FAR 36.602-3(c). All firms will be interviewed by the same method (telephone, video teleconference or in person). Firms will be given sufficient advance notice to allow representatives to participate in the interviews or presentations. All firms will be asked similar questions. The questions will be related to the announced selection criteria including but not limited to, their experience, capabilities, capacity, organization, management, quality control procedures and approach for this project.

Delegated Examining Unit Self Audit Services

Department of Agriculture, Natural Resources Conservation Service | Published March 21, 2016  -  Deadline April 5, 2016
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Referenced standards not physically attached to the solicitation or contract document may be accessed by web link imbedded in the PWS. (j) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding $3,500, and quotations of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the quoter's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the quoter 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 quoter 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 quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (l) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.The following addenda also apply. Quoters must read and follow these additional instructions to receive consideration:a. System for Award Management (SAM) RegistrationAll Contractors must be registered in the System for Award Management, or SAM prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of quotes, registration in SAM, to include completion of the Representations and Certifications, and having a status of "Active" is required BEFORE submitting a quote. For information regarding registration visit www.sam.gov.b. Technical ProposalQuoters should submit a written narrative that thoroughly addresses all non-price evaluation factors listed in section ix below. In addition, the narrative should adequately describe the quoter's plan for executing the work, including resources and personnel available to meet the required timelines. If subcontractors are proposed, the technical proposal should also address qualifications and experience for the proposed subcontractors, including details of past partnerships between the prime and subs, and the prime's experience and plan for managing subcontractors. The narrative should be supported by evidence that gives credibility to the statements made by the quoter and in turn gives the Government enough information to understand and gain confidence in what the quoter is stating. The narrative should be no longer than 5 pages.c. Pricing and Certifications Quoters may utilize Attachment 3 to this solicitation to submit pricing quotations and to complete the applicable representations and certification(s) which include FAR 52.212-3, Offeror Representations and Certifications-Commercial Items. The quoter must complete the two certifications by reading and checking the appropriate box(es). d. E-mail submissions are acceptable.(viii) FAR provision 52.212-2, Evaluation-Commercial Items applies to this solicitation. (a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: (1) Technical capability. Technical capability includes qualifications, relevant experience, and capacity.(2) Price(3) Past performance.Technical capability is more important than past performance; past performance is more important than price. Pricing that is unrealistically low may be considered an indication that the quoter does not possess adequate understanding of the requirement or the requisite technical capability to successfully perform the work. (ix) Quoters are required to complete the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. This must be completed at SAM.gov and the registration in an "Active" status. Quoters may use Attachment 3 for this purpose. (x) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and addenda are not attached. (xi) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Mar 2016)(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (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:__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved].__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Jul 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]X (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. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2015) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 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 (Feb 2016) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). __ (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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (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)(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. __ (37)(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. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(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. __ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (44) 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). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(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:__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). X (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). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (10) 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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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. (iii) 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. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) X_(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (xii) Additional contract requirement(s) or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices. Provisions ATTENTION: IMPORTANT PROVISION AS REQUIRED BY FAR 9.507-2A significant conflict of interest exists related to this procurement that might bias a contractor's judgement. Contractors that possess a previous or existing contract or subcontract for HR staffing services cannot provide services related to performing the audit services contemplated by this action. Previous or existing contract or subcontract is in relation to providing services for HR staffing services for fiscal year 2015 or fiscal year 2016.Clauses AGAR 452.224-70 Confidentiality of Information. (Feb 1988)(a) Confidential information, as used in this clause, means - (1) Information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization. (b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause. (d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act. (e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization. (f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws. AGAR 452.237-75 Restrictions against Disclosure. (Feb 1988)(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.AGAR 452.246-70 Inspection and Acceptance. (Feb 1988)The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. Work that, in the opinion of the Contracting Officer, does not meet data quality standards will be returned to the Contractor for correction. Inconsistencies/edits may be reviewed, resolved and approved via communications. Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP)Invoices must be submitted electronically through the U.S. Department of the Treasury's Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing. (xiii) Not applicable. (xiv) Quotes are due by 2:00 p.m. EST, April 5, 2016 to USDA-NRCS, Attn: Gay Mullen at gay.mullen@wdc.usda.gov or via facsimile to (855) 693-2502. (xv) Questions regarding this solicitation should be emailed to Gay Mullen, Contracting Officer, at gay.mullen@wdc.usda.gov. END OF SOLICITATION

Provide Lodging and Conference Space Services in St. Louis, MO

Department of Agriculture, Natural Resources Conservation Service | Published September 12, 2016  -  Deadline September 23, 2016
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A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office. (j) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the quoter 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 quoter 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 quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (k) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer. The following addenda also apply. Quoters must read and follow these additional instructions to receive consideration: a. System for Award Management (SAM) RegistrationAll Contractors must be registered in the System for Award Management, or SAM prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of quotes, registration in SAM, to include completion of the Representations and Certifications, and having a status of "Active" is required BEFORE submitting a quote. For information regarding registration visit www.sam.gov.(1) Vendors must be registered in the System for Award Managment (SAM) prior to award. If you are not registered please starts the process as soon as possible, registration process may taks as long as 7 - 10 business days for the registration to be approved. b. Technical ProposalQuoters should submit a written narrative that thoroughly addresses all non-price evaluation factors listed in section ix below. In addition, the narrative should adequately describe the quoter's plan for executing the work, including resources and personnel available to meet the required timelines. If subcontractors are proposed, the technical proposal should also address qualifications and experience for the proposed subcontractors, including details of past partnerships between the prime and subs, and the prime's experience and plan for managing subcontractors. The narrative should be supported by evidence that gives credibility to the statements made by the quoter and in turn gives the Government enough information to understand and gain confidence in what the quoter is stating. The narrative should be no longer than 10 pages. c. Pricing Quoters may utilize Attachment 2 to this solicitation to submit pricing quotations. d. E-mail submissions are acceptable. (ix) FAR provision 52.212-2, Evaluation-Commercial Items applies to this solicitation. (a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: 1. Technical Capability:• State-of-the-art professional audiovisual capability appropriate for a major symposium withoutside entities, including the ability to project different presentations on multiple screens2. Space Specifications:• Ability to seamlessly accommodate up to 350 participants in the main meeting room and banquet halls with unobstructed views and auditorium seating, appropriate for an all-day event that will feature speakers, videos, and panel discussions.3. Past Performance - Evidence of successful past events that had multiple components (video display,presentations, panel discussions, poster sessions, and meals).4. PriceTechnical and past performance, when combined, are more important that price. (x) Quoters are required to complete the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. This must be completed at SAM.gov and the registration in an "Active" status. (xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and addenda are not attached. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Jun 2016) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (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: ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ☐ (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.) ☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). ☐ (5) [Reserved].☐ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ☒ (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 (Jul 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. ☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ☐ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)). ☐ (ii) Alternate I (Oct 2001) of 52.219-9. ☐ (iii) Alternate II (Oct 2001) of 52.219-9. ☐ (iv) Alternate III (Oct 2015) of 52.219-9. ☐ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). ☐ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). ☒ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 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)). ☒ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ☐ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). ☒ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ☐ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ☐ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ☐ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ☐ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ☐ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ☒ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ☐ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ☐ (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 (Jun 2016) (E.O. 13693).☐ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 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. ☐ (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®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ☐ (ii) Alternate I (Jun 2014) of 52.223-16. ☒ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).☐ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ☐ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).☐ (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). ☐ (46)(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. ☐ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ☒ (48) 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). ☐ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ☐ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ☐ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ☐ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ☐ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ☒ (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). ☐ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). ☐ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ☐ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ☐ (58)(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:☐ (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). ☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). ☐ (10) 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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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. (iii) 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. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) ☒ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). ☐ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of clause) (xiii) Additional contract requirement(s) or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices. The following clauses also apply: 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: Employee Class Monetary Wage Fringe Benefits99050, Desk Clerk, GS-04 $14.68/hour $5.28/hour07100, Food Service Worker, WG-02 $12.76/hour $4.59/hour11240, Maid or Houseman, WG-01 $11.30/hour $4.07/hour07250, Waiter/Waitress, WG-03 $14.22/hour $5.12/hour(End of clause) AGAR 452.224-70 Confidentiality of Information. (Feb 1988)(a) Confidential information, as used in this clause, means- (1) Information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization. (b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause. (d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act. (e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization. (f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.(End of clause) AGAR 452.237-75 Restrictions against Disclosure. (Feb 1988)(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.(End of clause) AGAR 452.246-70 Inspection and Acceptance. (Feb 1988)The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. Work that, in the opinion of the Contracting Officer, does not meet data quality standards will be returned to the Contractor for correction. Inconsistencies/edits may be reviewed, resolved and approved via communications. (End of clause) Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP)Invoices must be submitted electronically through the U.S. Department of the Treasury's Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing. (xiv) Not applicable. (xv) Quotes are due by 2:00 p.m. Central Daylight Time (CDT), September 23, 2016 to USDA-NRCS, Attn: Danny Mandell at danny.mandell@wdc.usda.gov. (1) When submitting your quoted PLEASE make sure to include the completed PRICING SHEET (Attachment 2) with your quote. (xvi) Questions regarding this solicitation should be emailed to Danny Mandell, Contracting Officer, at danny.mandell@wdc.usda.gov. END OF SOLICITATION

Miranda Style Rescue Boat Davit for NOAA Ship Nancy Foster

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published June 22, 2015  -  Deadline July 6, 2015
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20 -MIRANDA STYLE RESCUE BOAT DAVIT FOR NOAA SHIP NANCY FOSTER NOTICE DATE: 06/22/2015 NOTICE TYPE: REQUEST FOR QUOTES NAICS: 333923 - Overhead Traveling Crane, Hoist, and Monorail System Manufacturing Contracting Office Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition, 200 Granby Street, Suite 815, Norfolk, VA 23510 ZIP Code 23510 Solicitation Number EA-133M-15-RQ-0655 Response Due 07/06/2015 at 1:00 pm ET This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6, as supplemented with additional information included in this notice, and is being conducted pursuant to FAR Part 12 and Subpart 13.5. The Request for Quote (RFQ) number is EA-133M-15-RQ-655. The synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular No. 2005-82 dated June 8, 2015. Should the Government issue an order resulting from this RFQ, it will be in the form of a written offer to the supplier and shall require the supplier's acceptance by notification to the Government, in writing, as defined at FAR 2.101. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The RFQ is issued on an unrestricted basis. The associated North American Industry Classification System (NAICS) code is 333923, which has a corresponding size standard of 500 employees. The National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, 200 Granby Street, Norfolk, Virginia 23510, has a requirement for the installation of a "brand name or equal" miranda style rescue boat davit for NOAA ship NANCY FOSTER. The contractor is responsible for providing all associated mechanical, electrical and hydraulic components, sub-assemblies and assemblies, labor, services, materials, shipping, and warranty required to provide the "turn-key" requirements outlined in the Statement of Work (SOW) entitled "NOAA Ship NANCY FOSTER Rescue Boat Davit Procurement", which is provided as an attachment to this RFQ. One known Miranda style davit that meets the requirements and space constraints called for herein is the Harding Safety USA MRT 3900 davit. Vendors may submit quotes providing for the brand name davit or may submit quotes for consideration on an "as equal" basis a davit that meets all characteristics listed in the SOW and specifications (see FAR clause 52.211-6). The required delivery date is not later than 24 weeks after the effective date of any award resulting from this solicitation. Provide the following contract line item numbers (CLINs): CLIN 0001: Miranda style davit (same as or equal to Harding Safety USA MRT 3900 ) for NOAA Ship NANCY FOSTER in accordance with the attached SOW. Price includes shipping costs - FOB Destination. 1 LOT tiny_mce_marker________________________ Federal Acquisition Regulation (FAR) and Commerce Acquisition Regulation (CAR) provisions and clauses that are included in this solicitation are denoted by the applicable acronyms. Full text of the FAR provisions and clauses noted within this synopsis/solicitation can be accessed on the Internet at https://www.acquisition.gov/far and CAR clauses and provisions and clauses noted within this solicitation can be accessed on the Internet at: http://www.ecfr.gov/cgi-bin/text-idx?sid=2d08a6e69af3b9bb1a7be4eae370d256&c=ecfr&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1300. FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2015) applies to this acquisition with the following addenda: (a) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) NOAA Ship NANCY FOSTER c/o US Coast Guard Pier Papa 1050 Register Street North Charleston, SC 29405 (g) NOAA/ERAD INVOICES (APR 2011) Payment will be based on receipt of a proper invoice, satisfactory contract performance, and guidelines in FAR 32.9, Prompt Payment. Invoices shall be sent by electronic mail to the designated billing office as follows: NOAA Office of Marine and Aviation Operations Mission Support Division/MOA3 439 West York Street Norfolk, VA 23510 E-mail: (To be provided at the time of award) Phone: (To be provided at the time of award) A copy of all invoices shall be sent by electronic mail to the contract administration office as follows: NOAA Eastern Acquisition Division Attn: Emily Clark 200 Granby St., Suite 815 Norfolk, VA 23510 Emily.Clark@noaa.gov Phone: 757-441-6875. The designated payment office for this contract is: DOC/NOAA Finance Office 20020 Century Boulevard Germantown, MD 20874. The Government will return invoices that do not comply with these requirements (End of clause) (q) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (w) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (x) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (y) CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) (a) (To be provided at the time of award) is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: (To be provided at the time of award) (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End of clause) ***End addendum to FAR CLAUSE, 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015)*** FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 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 2011) (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 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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2014) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (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 2014) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). _X_ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (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) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). _X_ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (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. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (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 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014) applies to this acquisition with the following addenda: (a) Any questions regarding this Request for Quotations (RFQ) must be sent electronically to Emily Clark at Emily.Clark@noaa.gov no later than 1:00 P.M. ET on June 30, 2015. Quotes shall be submitted electronically via email to Emily.Clark@noaa.gov. (b) All references herein to "offerors" shall be construed as "vendors", and all references herein to "offers" or "bids" shall be construed as "quotes". Vendors shall submit written quotes in response to this solicitation in the English language. (b)(2) Vendors interested in submitting a quote in response to this Request for Quotations (RFQ) are requested to provide their written quote, including the following information, before 1:00 P.M. ET, July 6, 2015. (b)(4) Technical Capability: Vendors are required to submit product literature in sufficient detail to demonstrate that the davit quoted conforms to the required salient characteristics provided herein. If a product other than the brand name product identified in line item 0001 is quoted, vendors must provide the information required by FAR provision 52.211-6, Brand Name or Equal (AUG 1999). Finally, vendors are required to submit a copy of their company's standard commercial warranty for the davit that is quoted. If subcontractors will be used to accomplish any part of the SOW, the vendor shall provide sufficient detail of such to include subcontractor list, effort subcontracted, and experience subcontracting the effort to subcontractor. The following Clauses are incorporated by reference: FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 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) (b)(6) Vendors shall submit FIRM FIXED-PRICE quotes, FOB DESTINATION, in response to this solicitation in U.S. DOLLARS. (b)(10) Past Performance: Vendors shall have a minimum of three years successful past performance in the manufacture of the proposed Miranda style davit and shall provide verifiable documentation to support their past performance. Vendors shall provide three references with which they have provided the davit not more than three years ago. Vendors that are not able to provide such references shall provide three relevant references of prior performance on other contracts and articulate the relevancy of the referenced performance to the type of work required in the solicitation (similar size, content, and complexity) or affirmatively state that it possesses no relevant past performance. For each reference, provide the following information: (1) a brief but detailed description of the davit; (2) contract number; (3) name and address of the Government agency or commercial entity; (4) point of contact with current phone number and Email address; (5) date of contract award; (6) period services were provided or delivery was made; (7) initial and current contract value. Vendors are encouraged to provide information on problems or challenges encountered or how they were overcome or resolved as well as accomplishments. The Government reserves the right to obtain information from other sources in addition to those included with the quote. (f) The text of this paragraph is deleted and the paragraph is "Reserved". (j) ALL VENDORS shall provide their Data Universal Numbering System (DUNS) number, as issued by Dunn AND Bradstreet, along with their quotes. For information regarding how to obtain a DUNS Number, refer to the full text version of paragraph (j) of FAR Provision 52.212-1. (m) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: U. S. Department of Commerce, Eastern Region Acquisition Division, Attn: Melissa Sampson, Contracting Officer, 200 Granby Street, Room 815, Norfolk, Virginia 23510. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW, Washington, DC 20230. FAX: (202) 482-5858. (End of provision) (n) CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) ***End of Addendum to FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)*** FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) applies to this acquisition with the following addenda: (a) The following shall be used to evaluate quotes: (i) technical capability of the items/services quoted to meet the Government requirement; (ii) past performance; and (iii) price. Technical capability and past performance, when combined, are significantly more important than price. The degree of importance of the quoted price will increase with the degree of equality of the quotes in relation to the other factors on which selection will be based. Vendors with no record of past performance will be assigned a neutral rating for this factor. (b) Deleted. (c) Deleted. (End of Provision) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015) 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 accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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 (p) 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. (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."

HELIUM FOR WFO SALT LAKE CITY

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published May 4, 2015  -  Deadline May 13, 2015
cpvs

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. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It 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 e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. 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 $3,000 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 DUNS Number in the solicitation. (1) The Offeror represents that it o has or o 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) (End of Provision) The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Dec 2014) applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (APR 2015) applies to this acquisition. The following clauses under subparagraph (b) apply: (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(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: (14) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (26) (52.222-19), Child Labor (Jan 2014) (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (28) 52.222-26, Equal Opportunity (Apr 2015) (30) 52.222-36, Equal Opportunity for Workers With Disabilities (Jul 2014) (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). (XIII) The following clauses are also applicable to this acquisition: 52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ (End of provision) 52.252-2 Clauses Incorporated By Reference (Feb 1998), This contract incorporates on 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 address: https://www.acquisition.gov/far/index.html (End of Clause) The following additional terms and conditions apply: 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-7, System for Award Management (Jul 2013) 52.204-13, System for Award Management Maintenance (Jul 2013) 52.214-34, Submission of Offers in the English Language (Apr 1991) 52.214-35, Submission of Offer in U.S. Currency (Apr 1991) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (Dec 2013) 52.208-8 Required Sources for Helium and Helium Usage Data. (Apr 2014) (a) Definitions. "Bureau of Land Management," as used in this clause, means the Department of the Interior, Bureau of Land Management, Amarillo Field Office, Helium Operations, located at 801 South Fillmore Street, Suite 500, Amarillo, TX 79101-3545. "Federal helium supplier" means a private helium vendor that has an in-kind crude helium sales contract with the Bureau of Land Management (BLM) and that is on the BLM Amarillo Field Office's Authorized List of Federal Helium Suppliers available via the Internet at http://www.blm.gov/nm/st/en/fo/Amarillo_Field_Office.html. "Major helium requirement" means an estimated refined helium requirement greater than 200,000 standard cubic feet (scf) (measured at 14.7 pounds per square inch absolute pressure and 70 degrees Fahrenheit temperature) of gaseous helium or 7510 liters of liquid helium delivered to a helium use location per year. (b) Requirements- (1) Contractors must purchase major helium requirements from Federal helium suppliers, to the extent that supplies are available. (2) The Contractor shall provide to the Contracting Officer the following data within 10 days after the Contractor or subcontractor receives a delivery of helium from a Federal helium supplier- (i) The name of the supplier; (ii) The amount of helium purchased; (iii) The delivery date(s); and (iv) The location where the helium was used. (c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), in any subcontract or order that involves a major helium requirement. (End of clause) 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, 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. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, 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. (End of provision) FAR 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) 52.216-2, Economic Price Adjustment-Standard Supplies (Jan 1997) (a) The Contractor warrants that the unit price stated in the Schedule for 0001 is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that- (1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and (2) Is the net price after applying any standard trade discounts offered by the Contractor. (b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly. (c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations: (1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price. (2) The increased contract unit price shall be effective- (i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter; or (ii) If the written request is received later, on the date the Contracting Officer receives the request. (3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause. (4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price. (5) Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase. (d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause. (End of clause) 52.217-8, Option to Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 DAYS. (End of clause) 52.228-5 Insurance - Work on a Government installation (Jan 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. (End of clause) DEPARTMENT OF COMMERCE CLAUSES: 1352.201-70, CONTRACTING OFFICER'S AUTHORITY (APRIL 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (End of clause) 1352.209-73, COMPLIANCE WITH THE LAWS (APRIL 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) 1352.209-74, ORGANIZATIONAL CONFLICT OF INTEREST (APRIL 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause) 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: National Weather Service (WFO Utah) 2242 W North Temple Salt Lake City, UT 84116. 1352.233-70, AGENCY PROTESTS (APRIL 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Clifford E. Edwards Contracting Officer NOAA/AGO Western Acquisition Division-Boulder 325 Broadway MC3 Boulder, CO 80305 FAX: 303-497-3163 (a) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington DC 20230 FAX: 202-482-1711 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 1352.233-71, GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APRIL 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) (XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply. (XV) Quotes are required to be received in the contracting office no later than 12:00 P.M. MDT on May 13, 2015. All quotes must be faxed or emailed (preferred) to the attention of Joy A. Richardson and email address is Joy.A.Richardson@noaa.gov . (XVI) Any questions regarding this solicitation should be directed to Joy A. Richardson, 303-497-4973, and email address: Joy.A.richardson@noaa.gov. ATTACHMENT B OFFEROR MUST SUBMIT THIS EXECUTED FORM WITH QUOTE Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (b) 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offeror represents that, as of the date of this offer - (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) 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. (End of provision) By:________________________________________ Date:_______________________ STATEMENT OF NEED - NWWT9932-15-00994 HELIUM DELIVERY AND CYLINDER RENTAL FOR WEATHER FORECAST OFFICE SALT LAKE CITY, UTAHS 1. BACKGROUND The National Weather Service (NWS) is a 24 hour, 365 day operation, and is a public safety agency. The primary mission of the NWS is the protection of life and property. The NWS in Salt Lake City, UT launches weather balloons routinely twice a day at 3am and 3pm MST (4am and 4pm MDT). Each balloon requires approximately 85 cubic feet (CF) of helium. Instrumentation is attached to each balloon which provides measurements of temperature, humidity, wind speed and direction, and height. This data is transmitted worldwide and used to make weather forecasts out to 10 days. 2. OBJECTIVE The objective of the NWS is to receive and keep on-hand an adequate supply of helium (between 510 CF and 1,700 CF per week) to perform the weather balloon launches on schedule. 3. SCOPE The Contractor is responsible for supplying helium to the NWS office located at 2242 W North Temple, Salt Lake City, UT 84116. The total amount of helium to be delivered for this requirement is between 1,190 and 1,700 CF every week (between 61,880 and 88,400 CF annually). 4. PERIOD OF PERFORMANCE The base period of performance for this requirement is 10 months, beginning July 1, 2015 and ending January 31, 2016, with the option to extend up to four additional years. 5. PLACE OF PERFORMANCE All deliveries are to be made to the NWS office at 2242 W North Temple, Salt Lake City, UT 84116. The point of delivery is at the Upper Air Inflation building, located north (behind) of the main building. 6. REQUIREMENTS Site Storage and Usage: The helium storage space has dimensions of 12'x20'x10'(WxLxH) and can safely store various configurations of cylinders, from individual cylinders, to 12- or 16-packs at a time. Although the site is flexible for the configuration, we officially prefer the helium be provided in six-packs; other configurations will be accepted only if no other option can be reasonably made available. All contemplated configurations must have rates included in the quote sheet provided during the solicitation stage of the pre-award process. We cannot accept gas at rates outside the quoted price. Regardless of the configuration, it is the objective of this requirement to keep on hand between 510 and 1,700 CF of helium, with a minimum of 1,190 CF being used every week, leaving approximately a three-day supply of helium (510 CF) as backup stock in case of additional unplanned balloon launches, or other unforeseen circumstances. Actual usage will vary based on the need for additional balloon launches. Delivery Schedule: Deliveries shall occur on a weekly basis, with the delivery schedule arranged with the NWS Meteorologist-In-Charge (MIC), Observation Program Lead (OPL) or Administrative Support Assistant (ASA) upon contract award (see section 9 below for contact information). Balloon launches occur twice a day, every day of the year, regardless of holidays. Therefore, the delivery schedule needs to be maintained regardless of holidays. If a holiday falls on a scheduled delivery day and the Contractor is not able to complete a regularly scheduled delivery, the Contractor shall make arrangements in advance for an alternate delivery date. The Contractor will contact the NWS office if a delivery is going to be delayed for any other reason. If additional deliveries are required prior to the next regularly scheduled delivery, the NWS will contact the Contractor and request the additional delivery, with delivery to be completed within two business days of being contacted. This schedule may need to be further adjusted if at any time the helium is delivered in other-than-six-packs. Transition Period: If this contract is awarded to other than the incumbent Contractor, then prior to the first day of the contract, the new Contractor and one of the agency points of contact, listed in section 9 below, shall establish the delivery schedule, including coordinating the initial delivery to coincide with the pickup of cylinders by the former contractor. Likewise, upon completion of this contract, if the new follow-on contract is awarded to other than the current Contractor, the current Contractor shall participate in the transition coordination efforts in order to minimize the risk of a missed balloon launch due to the helium being unavailable at the launch site. The end-of-contract transition period may include a lighter delivery in the final weeks of the contract. Performing Deliveries: For the initial delivery, the Contractor shall supply to the Place of Performance 1,700 CF of helium, in accordance with the coordinated date and time schedule. Thereafter, the Contractor will replenish back to 1,700 CF of helium on a weekly basis in accordance with the arranged schedule, replacing all empty helium cylinders with full helium cylinders. The Contractor shall pickup the empty cylinders in the same trip. The Contractor shall contact NWS personnel at this location when arriving for a delivery. NWS personnel will accompany the driver to the delivery point to unlock the storage area. NWS personnel will not assist with loading or unloading of cylinders. The Contractor shall ensure the bottles are securely strapped to the stand at delivery and placed in an orderly/neat and clean fashion. The Contractor shall perform the deliveries in such a manner that there will be minimal interruption to or interference with the normal operation of Government business on the premises. In the event of a shortage of helium supply by the Contractor or their supplier, the Contractor is responsible for communicating the shortage to the NWS as soon as possible, but no less than two days prior to the next scheduled delivery. If the Contractor is unable to find a reasonable supply in time to fill the requirement, the NWS reserves the right to purchase helium from another supplier outside of this contract. Evidence of Delivery: The Driver shall provide evidence of delivery by way of receipt signed by an NWS representative at the time of delivery. A copy of the signed receipt shall be left with the NWS representative, and a copy shall also be attached to the associated invoice when mailed. Compliance: If any of the deliveries do not conform to contract requirements (i.e. a delivery results in less than full replenishment of helium to 1,700 CF), the Government reserves the right to require the Contractor to bring the delivery into conformity with contract requirements, at no increase in contract amount (i.e. without additional delivery charges). 7. SAFETY AND SECURITY All rules concerning safety, not smoking and the security of the property must be observed at all times. Materials Safety Data Sheets (MSDS) must be provided by the Contractor to the MIC or ASA at each office, where the information will be kept on file in accordance with applicable guidelines of the OSHA Hazard Communications Standard. Requirements pertaining to recordkeeping will be strictly followed, with copy(s) provided to MIC as necessary and upon request. 8. POINTS OF CONTACT The Government contacts at the NWS office in Salt Lake City are: Observation Program Leader Administrative Support Assistant Meteorologist In-Charge The above parties can be reached by telephone at 801-524-4378. 9. INVOICING The Contractor will invoice on a monthly basis in arrears for that month's hydrogen deliveries and related surcharges (i.e. cylinder rental fee, etc.). The invoice must include the following items: a. Name and address of the contractor, which must be the same as that on the Purchase Order b. Invoice date and invoice number c. Purchase Order number and associated line item number from the Purchase Order d. Description, quantity, unit of measure, unit price and extended price of supplies delivered, and date of delivery e. Evidence of delivery by way of receipt signed by NWS representative at the time of delivery f. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice (a defective invoice is one that does not meet all the above requirements) The invoices shall be sent to the following address: National Weather Service Weather Forecast Office 2242 W North Temple Salt Lake City, UT 84116

NOAA/NOS/OCM Coastal Geospatial Services

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published July 13, 2015  -  Deadline August 13, 2015
cpvs

1) Dewberry Consultants 8401 Arlington Boulevard Fairfax, Virginia 22031-4666 2) Fugro Geospatial, Inc.7320 Executive WayFrederick, MD 21704 3) Quantum Spatial523 Wellington WayLexington, KY 40503 4) Tetra Tech, Inc.3746 Mr. Diablo Blvd, Ste 300Lafayette, CA 94549 5) Woolpert, Inc.116 Inverness Dr East, Ste 105Englewood, CO 80112

Pre-Solicitation Synopsis of Proposed Contract Action: Modification of SAP Data Archiving Services Solution to Extend Effort to Global Combat Support System � Army (GCSS-Army) Environment

Department of the Army, Army Contracting Command | Published May 17, 2016  -  Deadline June 1, 2016
cpvs

The U.S. Army Contracting Command - Rock Island (ACC-RI) intends to solicit and award to EIM Plus (EIM) a sole-source increase in scope on contract W52P1J-15-C-0070 in accordance with Federal Acquisition Regulation 6.302-1, for the continued provision of highly specialized services related to the design, development, and deployment of the Enterprise Resource Planning (ERP) archiving solution to GCSS-Army.As part of the Army enterprise wide information management initiative, Project Manager, Army Enterprise Systems Integration Program (PM AESIP) received guidance to implement a data archiving strategy for SAP systems in the Army ERP landscape. OpenText Data Archiving for SAP Solutions and OpenText Extended Enterprise Content Management (ECM) for SAP software products are being utilized for the current data archiving strategy for the AESIP-Hub system. Through an SAP application consolidation, the AESIP-Hub and GCSS-Army systems have become shared systems and environments. The AESIP-Hub data archiving solution already being developed will overlap the GCSS-Army system. Due to this, the same data archiving services currently being performed by EIM are necessary for the GCSS-Army system. EIM professionals are certified OpenText Extended ECM for SAP consultants and have the necessary expertise at performing data archiving services utilizing both OpenText Data Archiving for SAP Solutions and OpenText Extended ECM for SAP software products. No other contractors currently possess the capability, experience, and expertise that are mandatory to meet PM AESIP's GCSS-Army requirement. The anticipated period of performance is 15 June 2016 through 14 September 2016. This pre-solicitation synopsis is not a request for competitive proposals or quotations; however, all responsible sources may submit a capability statement, proposal, or quotation within 15 days after date of publication of this synopsis, which shall be considered by the Government. A determination by the Government not to compete this proposed action based upon responses to this notice is solely within the discretion of the Government. Email responses shall be submitted to the Contract Specialist, Mary Weber-Seaholm, at mary.e.weber-seaholm.civ@mail.mil.

C--Indefinite Delivery Contract-PL-3006(IDC) for Architect Engineering(A-E)Services Corps of Engineers,New York District and Corps of Engineers Locations within North Atlantic Division(NAD)/Major Subordinate Command Boundaries(MSC).

Department of the Army, U.S. Army Corps of Engineers | Published May 19, 2014  -  Deadline June 18, 2014
cpvs

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. This is a combined synopsis/solicitation, Indefinite Delivery Contract IDC-PL-3006 for Architect-Engineering (A-E) Services including but not limited to flood risk management, coastal storm damage reduction, navigation, and ecosystem restoration. Services are to be primarily concentrated on studies and designs within the Corps of Engineers' New York District's jurisdiction and other Corps of Engineers' locations within NAD/MSC boundaries. Selection will be in accordance with Brooks Act (Public Law 92-582) procedures. This announcement constitutes the only solicitation. The Solicitation Number is W912DS-14-AE-0001. Proposals are being requested and a written solicitation will not be issued. 1. CONTRACT INFORMATION: This contract is procured as a 100% Small Business Set-Aside. The NAICS Code is 541330. The size standard is $14 Million Dollars average annual receipts for preceeding three fiscal years. The number one ranked small business firm will be selected for negotiations based on demonstrated competence and qualifications for the required work. The length of the indefinite Delivery Contract (IDC) is a maximum of 60 months and will not include optional time periods. The total capacity of the contract will not exceed $9,900,000. Task Orders will be issued by negotiated firm-fixed-price task orders and will be issued under the terms and conditions of this IDC contract. The government shall be under no obligation to issue any particular number or types of orders and no liability to the contractor shall be incurred in the event that a certain number or types of orders are not issued; however, a task order will be included to satisfy the minimum guarantee of $35,000 with the basic contract. The selected small business firm A-E firm will need to demonstrate capability to perform at least 51% of the contract work listed below in accordance with EP 715-1, Chapter 3-8c which can be found at: http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_715-1-7.pdf. In particular, in order to be awarded a small business contract the concern will perform at least 51 percent of the cost of the contract incurred from personnel with its own employees. quote mark - Any subcontractor and outside associates or consultants required by the contractor (prime A-E firm) in connection with the services covered by the contract will limit to individuals or firms that were specifically identified and agreed to during negotiations the contractor shall obtain the Contracting Officer's written consent before making substitutions for these subcontractors, associates or consultants - quote mark. If a substitution is necessitated by illness, death, or termination of employment for whatever reason, the selected A-E firm shall notify the Contracting Officer in writing within 15 calendar days after the concurrences of any of these events and provide the following information to the Contracting Officer. Required information for substitution necessitated by illness, death, or termination of employment for whatever reason: The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution, complete resumes for the new proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications or better qualifications to those of the persons being replaced. The Contracting Officer will notify the contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The approximate award date is September 30th, 2014. The wages and benefits of services employees (see FAR 22.10) performing under this contract must be at least equal to those determined by the Department of Labor under the Service Contract Act, as determined relative to the employee's office location (not of the location of the work). This announcement also serves as a reminder of the Contractor Performance Assessment Reporting System (CPARS) requirement. The Federal Acquisition Regulation (FAR) requires collection of Past Performance Information (PPI) on AE contracts and IDIQs at the ask order level. Effective 1 Apr 2007, ACASS is now a module of DoDs CPARS. The selected A-E Firm will need to be familiar with the Architect-Engineer Contract Administration Support System (ACASS). The ACASS system is a web-base application that is accessed via internet website, http://cpars.navy.mil/ For specific details and understanding of the process, you may link to: http://www.swd.usace.army.mil/Portals/42/docs/business/smallbusiness/Competing%20for%20A-E%20Contracts%20%28EP%20715-1-4%29%2030%20Sep%202004.pdf. This links the contractor to the Competing for Architect-Engineer Contracts Awarded by the U.S. Army Corps of Engineers Guild (note: this guild was realeased 2004 and various procedures and restrictions might have changed.) 2. PROJECT INFORMATION: This contract will provide non-project or study specific architect and engineering services primarily for flood risk management, coastal storm damage reduction, navigation, and ecosystem restoration. At a minimum, study components will consist of reconnaissance reports, feasibility reports and/or revaluation reports, including but not limited to all technical support tasks. Solutions for projects may include, but will not be limited to plan specifications, monitoring surveys, etc in support of engineering design, including Plans and Specifications. This work is within the Corps of Engineers' New York District's jurisdiction and other Corps of Engineers' locations within NAD/MSC boundaries. However, the main focus of this work is within the New York District boundaries. This contract will provide integrated architect and engineering services, including, but not limited to, flood risk management, coastal storm damage reduction, navigation, and ecosystem restoration. Implied services include, but are not limited to surveying, interpretation and integration of typographic/bathymetric surveys, biological and cultural resources surveys, GIS data, hydraulic/hydrologic engineering, hydrodynamic modeling, geotechnical engineering, public affairs, cost inventory, cost estimating, and incremental cost risk analyses into feasibility reports and related National Environmental Policy Act (NEPA) documents. Other tasks may include real estate inventory, real estate assessments, civil design/structural engineering (especially as related to design of habitat); geotechnical work; study of estuarine ecology; ecosystem restoration design; habitat evaluation; and environmental analysis and assessments as related and required for all phases of alternatives evaluation, project design and implementation, plan formulation, economic analyses, and report preparation. The contract will also provide for the preparation of a variety of reports and feasibility level NEPA documents, including either an Environmental Assessment or Environmental Impact Statement, that integrate HTRW assessments and both chemical and physical soil borings and sediment testing. 3. SELECTION CRITERIA: The selection criteria for this particular project are listed below in descending order of importance (first by major criterion and then by each sub-criterion). Criteria A through E, inclusive, are primary. Criteria F and G are secondary and will only be used as tie-breakers among firms that are essentially technically equal. Primary Selection Criteria: A. Specialized Experience and Technical Competence -- (1) Specialized experience and technical competence in the type of work required, as described in quote mark Project Information quote mark above. Special qualifications include, but are not limited to: capability and experience with specialized computer programs such as IWR Plan, Habitat Assessment Models, HEC-FDA, HEC-RAS, HEC-HMS, MII (MCACES and Crystal Ball), for development of cost estimates, Microstation, Arc View and tunneling programs; water resources planning, formulation and evaluation through flood risk management, coastal storm damage reduction, navigation, and ecosystem restoration; The contractor must be familiar with current U.S. Army Corps of Engineers regulations, guidelines, and procedures. The contractor must also have the capability to manage and supervise other contractors and demonstrate the ability to handle the large volume of work under strict deadlines. The contractor's submittal must demonstrate in the submittal its plan for successful quality assurance and integration of all disciplines to ensure a quality product. (2) Demonstrated ability to produce quality designs. Evaluation will be based on the firm's analysis and design quality management plan (DQMP) and will consider the management approach, coordination of disciplines, management of subcontractors, and quality control procedures. The basis for the evaluation will be the information in Section H of SF 330. Examples of the disciplines involved, but not limited, are the following: through flood risk management, coastal storm damage reduction, navigation, ecosystem restoration, structural flood risk management alternative analysis and design; non-structural flood risk management alternative analysis and design, including buyouts; open channel hydraulic analysis and design; other flood damage and benefit analysis, including hydrodynamic analysis of fluvial and interior drainage systems; hydrodynamic modeling; hydraulic/hydrologic engineering; hydrographic surveys and mapping (the actual surveying and the interpretation and integration of typographic/bathymetric surveys, biological, and cultural resources surveys); littoral budgeting; beach, coastal, and coastal inlet structural design; recreational analysis; beach surveys; mapping, including beach profiling and waterway cross-section; demonstrated ability to perform offshore subsurface exploration; aerial photography; environmental assessment; cultural resources assessment; geotechnical engineering; GIS data; cost estimating; and incremental cost analyses into feasibility reports and related National Environmental Policy Act (NEPA) documents. Other tasks may include civil design/structural engineering (especially as related to design of habitat); geotechnical work; study of estuarine ecology; ecosystem restoration design; habitat evaluation; and environmental analysis and assessments as related and required for all phases of alternatives evaluation, project design and implementation, plan formulation, economic analyses, and report preparation. The contract will also provide for the preparation of a variety of reports and feasibility level NEPA documents, including either an Environmental Assessment or Environmental Impact Statement, which integrates HTRW assessments and chemical and physical soil borings and sediment testing, and investigations in support of Section 106 of the National Historic Preservation Act of 1966, as amended. (3) Experience in watershed planning reflecting a systematic and comprehensive approach (incorporating multiple purposes and objectives, recognizing the dynamic nature of the economy and the environment and variability of other social effects over time) for the purpose of water resources problem solving and decision making. B. Professional Qualifications -- Professional qualifications necessary to satisfactorily perform the required services require the submittal of a resume. Key disciplines include but are not limited to the following: (1) Project Manager (Resume required) (2) Structural Engineer (P.E. required) (3) Civil Engineer (P.E. required) (4) Mechanical Engineer (P.E. required) (5) Electrical Engineer (P.E. required) (6) Hydraulic/Hydrologic Engineer (P.E. required) (7) Cost Engineer with MII cost estimate experience (Resume required) (8) Geotechnical Engineer (Resume required) (9) Land/Hydrographic Surveyor (10) Biologist (Resume required) (11) Ecologist/Environmental Scientist (12) Geologist/Hydrogeologist (13) Environmental Engineer (14) Soil Scientist (15) GIS Specialist (Geographer/Cartographer/Geospatial Data Analyst) (16) Environmental Assessment Specialist (Resume required) (17) HTRW Assessment Specialist (Resume required) (18) Habitat Assessment Specialist (Resume required) (19) Real Estate Assessment Specialist (Resume required) (20) Technical Writer (21) Planner (22) Economist with experience in performing cost/benefit analysis on civil works projects, especially on flood risk management projects, coastal storm damage reduction, navigation, and ecosystem restoration. (Resume required) (23) Principal Investigator/Archaeologist (24) Historian (25) Historic/Prehistoric Archaeologists (26) Architectural Historian (27) Public Relations Specialist (28) Social Scientist (29) Geographer (30) Botanist (31) QA/QC Specialist (32) Marine Engineer (33) Coastal Engineer with experience in coastal processes analysis and coastal structures, such as, bulkheads, jetties, groins, and shore protection; and beach designs (34) Soil/Dredging Engineer (35) Blasting Engineer (36) Acoustic Engineer (37) Vibration Engineer (38) Architect (39) Landscape architect (40) Hydrodynamic modeler The Principal Investigator/Archaeologist, Historian, Historic/Prehistoric Archaeologists and Architectural Historian must meet or exceed the standard qualifications identified by the National Park Service. The contractor should be familiar with current U.S. Army Corps of Engineers regulations, guidelines, and procedures, and with the general geographical area, especially with the boundaries of the New York District. Evaluation will consider education, registration, and training and overall and relevant experience using information from Section E of SF 330, which includes a matrix in Section G showing experience of the proposed lead designers on the projects listed in Section F of SF 330. Supervisory and/or key personnel should have Professional Engineer (P.E.), Professional Geologist (P.G.), Project Management Professional (P.M.P.), or Professional Land Surveyor (P.L.S.) certification. The firm selected must have one or more senior staff persons licensed to practice Land Surveying in New York State. New York State has rigorous licensing requirements. C. Past performance on DoD and other contracts with respect to cost control, quality of work and compliance with performance schedules, as determined from ACASS and other sources. References and letters of recommendation from customers addressing your firm's cost control, quality of work, and schedule compliance capabilities may be included in Section H of SF 330. The letters should be for projects of a similar nature and shall be no older than three (3) years to be considered. D. Capacity to initiate work and complete within the time parameters of the project. The evaluation will consider the availability of an adequate number of personnel in the following key disciplines: coastal engineering, civil engineering, economics, and quantity estimators. The evaluation will look at numbers listed in Part II of SF 330 to evaluate the overall capacity of the team. Include a Part II form of SF 330 for each firm and each office of each firm that is part of the proposed team. E. Knowledge of local conditions within New York, specifically local construction methods (key disciplines: hydrologic engineer, hydraulic engineer, geotechnical engineer, cost engineer, structural engineer, civil engineer, coastal engineer, biologist and economist); local and regional prehistory, history and archaeology (key disciplines: principal investigator/archaeologist, historian, prehistoric/historic archaeologist, architectural historian) and local construction climate impact on cost estimating (estimator). Evaluation will look at the specific experience of the listed key discipline lead designers (one per discipline) as stated in Section E of SF 330. The more New York projects listed, the higher the rating. Secondary Selection Criteria: F. Location of the firm in the general geographical area of New York District civil works boundaries. G. Volume of DoD A-E contract awards in the last 12 months, with the objective of effecting an equitable distribution of DoD A-E contracts among qualified firms, including small businesses (SB) and service-disabled businesses (SDB). 4. SUBMISSION REQUIREMENTS: Interested firms having the capabilities to perform this work must submit three (3) copies of SF 330 Part I and three (3) copies of SF 330 Part II for the prime firm and all consultants to the address below not later than the response date indicated above. Solicitation packages are not provided. This is not a request for proposal. Each key office on the team should indicate DUNS # in Block 4 of Part II of the SF 330, and include the prime firm's ACASS number in Block H. For ACASS information, call (503) 808-4590. The total number of pages for the entire SF 330 is limited to ninety (90) pages. Section E is limited to forty (40) pages. Each page shall be numbered. Supplemental information on the SF 330 is posted on USACE's New York District website: http://www.nan.usace.army.mil. Click on Business With Us greater than Engineering Division Submit three (3) copies of the completed SF 330 to: Attn: Stephen DiBari, P.E. Contract Administrator, Engineering Division CENAN-EN-M, Room 2037 U.S. Army Corps of Engineers 26 Federal Plaza New York, NY 10278-0090 Submittals will not be accepted after 4:00 p.m. on 18 June 2014 the response date shown in the advertisement on the FedBizOpps website. Facsimile transmission of the SF 330 will not be accepted. Due to heightened security around 26 Federal Plaza, be prepared to leave ample time to gain entry into the building. To be eligible for a contract award, the firm must be registered in the System for Award Management (SAM) in order to be eligible to receive a contract award for any Government solicitation. For information visit the (SAM) website at http://www.sam.gov.

Architectural/Engineering (A/E) Services for the Design and Construction Administration Services for the New Educational, Administrative, and Support Facilities at the St. Louis Job Corps Center in St. Louis, MO

Department of Labor, Employment Training Administration | Published August 5, 2013  -  Deadline September 4, 2013
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PROJECT INFORMATION: The following synopsis is in accordance with the Brooks Act as implemented in Part 36 of the Federal Acquisition Regulation (FAR). This project involves architectural/engineering (A/E) services for the design and construction administration services for the new educational, administrative, and support facilities at the St. Louis Job Corps Center in St. Louis, Missouri. The work is to provide comprehensive architectural/engineering design and construction administration services for the development of approximately 117,000 gross square feet of new interior space for educational offices, classrooms, and vocational shops; administration offices; medical/dental clinic facilities; warehouse storage, maintenance facilities; and all ancillary functions. The facilities will be incorporated into exiting renovated building structures and new building additions or, alternatively, will utilize all new construction if renovation is determined by the A.E to be unfeasible. Approximately 66,000 gross square feet of space is available for rehabilitation/reconstruction of existing building structures, with the remainder of approximately 51,000 gross square feet of the space requiring new construction. The work also includes renovation of 7,300 gross square feet of an older welding vocations building, and design of all necessary site improvements in the form of general landscaping, walkways, roads, parking lots, sports fields and courts, drainage, connections to all utility lines, and site/security lighting for approximately 15 acres of the 17 acre campus. The work also includes demolition/removal of various one story buildings, some with basements, totaling approximately 100,000 gross square feet. Demolition and renovation work will include environmental abatement of hazard material including, but not limited to, lead based paint an asbestos containing materials. Work will include the development of a construction implementation plan to assure that the Center operations can continue during the construction phase. The project shall use design methodologies, materials, systems and components that will minimize negative environmental impacts, increase energy efficiency, and make use of renewable energy technologies. Within the budget constraints, it shall embody best current sustainable design and building practices. The work shall be designed and constructed to comply with the requirements as established by the Guiding Principles for Sustainability. A formal LEED Certification is not required. The estimated magnitude of construction is between $1,000,000 and $5,000,000. Required services will be obtained by a negotiated Firm Fixed Price Contract. Firms responding to this announcement must demonstrate their experience in site and building design including, but not limited to, roofing systems, HVAC systems, electrical systems, plumbing systems and life safety systems. The required disciplines are: Structural, Civil, Architectural, Mechanical (HVAC and Plumbing), and Electrical. Firms must be capable of producing the design documents on AutoCAD version 14 or later. Specifications shall be provided in CSI format and be MS-Word compatible. Firms that meet the requirements described in this announcement are invited to submit on original plus four (4) copies of a completed Standard Form 330 (SF 330); Part I Contract Specific Qualifications, required for the prime architect-engineer firm to include projects related to the type and nature of work for which the firm was responsible. Also, to include brief resumes of key personnel expected to have major responsibilities for the project, and one original and 4 copies of a current SF 330, Part II-Architect-Engineer Qualifications for itself and for each of its individual consulting firms. NOTE: The SF 330 Parts I and II are to be submitted by the prime even if they are currently on file. Section H of the SF 330 shall be tailored to reflect a strong background in the design of facilities as identified above. Section H will be used as a major evaluation factor for the firm's qualifications as noted in (2) of the order of importance below. PERTINENT FACTORS: Pertinent factors for consideration of qualifications, listed in order of importance, for the Project Team, are (1) Qualifications of Assigned Project Personnel, which considers design capability, project management skills, and construction administration capability; (2) Specialized Experience of Assigned Project Personnel, which considers previous project experience similar to project scope, specialty consultants, project tools/software: building information modeling (BIM), project management software, tele-conferencing/video conferencing capabilities, and special awards; (3) Capacity to Perform Work in the Required Time, which considers previous experience working as a project team, adequate staff size, and familiarity with the area; (4) Firms/Experience/Past Performance, which considers proposed design team's previous experience on contracts of similar scope and value; cost control, project scheduling, and quality of work; and previous Government contract experience including past Job Corps Center projects, if applicable; 5) Energy Efficiency/Waste Reduction/Sustainability Capabilities, which considers previous project experience incorporating green/sustainable/renewable energy resources experience, and integrated design principles; and (6) Location, which considers the location of the prime and subcontractors relative to the location where work will be performed. Applicants are required to include a list of three references with telephone numbers and names of contact persons with their submittal. The Project Teams considered the most highly qualified will have references checked. Project Teams still considered the most qualified following the reference checks will be interviewed. Facsimile copies will not be accepted. Only firms that submit the forms by the due date of 09/04/2013 will be considered for review of qualifications. Failure to submit SF 330 Part I and II will render the submission unacceptable. Please submit your qualifications to: the U.S. Department of Labor/ETA/OCM/Division of Job Corps Procurement, 200 Constitution Avenue, NW, Room N-4643, Washington, DC 20210; Attn: Monica Gloster, Contract Specialist by 4:00 PM (EST). Applicants should include the Solicitation No. DOL121RP20654 of this FBO Notice, with the location/center name in Block No. 3 of the SF 330 Part I - Contract Specific Qualifications. This is a 100% Woman-Owned Small Business (WOSB) Set-Aside. For further information regarding eligibility requirements within the woman-owned small business program can be found at http://www.sba.gov/content/contracting-opportunities-women-owned-small-businesses. All eligible applicants shall be registered via the System for Award Management (SAM) internet site at: http://www.sam.gov. For assistance with site usage, contractors may contact the Federal Service Desk at 1-866-606-8220. Applicants are required to ensure their Online Representations and Certifications Application (ORCA) is updated in http://www.sam.gov. The WOSB will also have to provide documents to the WOSB Repository. The WOSB Program Repository is a document repository maintained by SBA. You can find out more information at www.sba.gov/wosb. The North American Industry Classification System (NAICS) code is 541310, and the Small Business Size Standard for WOSB is $4.0 million. The firm should indicate in Block 5(b) of the SF 330, Part II that it is a small business concern as defined in the FAR. FAR Clause 52.219-14, LIMITATIONS ON SUBCONTRACTING will apply to this solicitation. At least fifty per cent (50%) of the cost of contract performance incurred for personnel shall be expended for employees of the concern. Information regarding small businesses can be found at http://www.sba.gov. THIS IS NOT A REQUEST FOR PROPOSAL

C--INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT FOR ARCHITECT-ENGINEER SERVICES FOR MEDICAL PROJECTS LOCATED THROUGHOUT THE NAVAL FACILITIES ENGINEERING COMMAND AREA OF RESPONSIBILITY, WORLDWIDE

Department of the Navy, Naval Facilities Engineering Command | Published May 25, 2016  -  Deadline June 6, 2016
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N62470-16-R-6000 INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT FOR ARCHITECT-ENGINEER SERVICES FOR MEDICAL PROJECTS LOCATED THROUGHOUT THE NAVAL FACILITIES ENGINEERING COMMAND AREA OF RESPONSIBILITY, WORLDWIDE. Description: ALL INFORMATION NEEDED FOR INTERESTED PARTIES TO SUBMIT A STANDARD FORM SF 330, ARCHITECT ENGINEER QUALIFICATIONS IS CONTAINED HEREIN. THERE IS NO SEPARATE REQUEST FOR PROPOSALS (RFP) PACKAGE TO DOWNLOAD. Attachments: (a) Past Performance Questionnaire (b) Small Business Subcontracting Plan Template This procurement will result in one Indefinite Delivery/Indefinite Quantity (IDIQ) contract for multi-discipline Architect-Engineer (AE) services for medical design projects located throughout the Naval Facility Engineering Command Area of Responsibility, Worldwide, and will be procured in accordance with the Selection of Architects and Engineers Statute (formerly known as the Brooks Act), 40 USC Section 1101 et seq., as implemented by FAR Subpart 36.6. The IDIQ contract will be for a base period of one year and four one-year option periods (if exercised). The total fee for the contract term shall not exceed $50,000,000. The guaranteed minimum for the contract term (including option years) is $10,000. The Government makes no representation as to the number of task orders or the actual amount of work to be ordered. Contractors are not guaranteed work in excess of the minimum guarantee. The options may be exercised within the time frame specified in the resultant contract at the sole discretion of the Government subject to work load and/or satisfaction of the AE performance under the subject contract. Firm-fixed price task orders will be negotiated for this contract. There will be no dollar limit per task order and no dollar limit per year up to a maximum of $50,000,000 for the entire contract term. Estimated start date is December 2016. This proposed contract is being solicited on an UNRESTRICTED basis; therefore, replies to this notice are requested from all business concerns. The Small Business size standard classification is North American Industrial Classification System (NAICS) Code 541310, (Architectural Services). The Government seeks the most highly qualified firm to perform the required services, based on the demonstrated competence and qualifications, in accordance with the evaluation criteria. A sources sought for N62470-16-R-6000 for Medical Designs, predominantly for Sustainment, Restoration, and Modernization (SRM) projects, was published on 3 December 2015 seeking responses from small businesses. Four responses were received from small business firms. After a technical evaluation of their qualifications, none of firms were determined to have the necessary qualifications and capabilities to perform the requirements of the contract based on the criteria established in the notice. The types of design projects expected to be performed under this contract are for 500 series facilities as defined by UFC 2-000-05N (hospitals, dental clinics, medical clinics, veterinary clinics, laboratories, etc.) and will be predominantly for Sustainment, Restoration, and Modernization (SRM) projects, but may include MILCON projects and medical studies. Projects will be designed in accordance with criteria prescribed in the latest version of UFC 4-510-01 (Military Medical Facilities) and under the Architectural Barriers Act (ABA). Architect-Engineering and Engineering Services that may be required under this contract include DD Form 1391 documentation, Design-Build RFPs, Design-Bid-Build plans (AutoCAD and BIM) and specifications (SPECSINTACT), cost estimates, related studies, field investigations, surveying and mapping, tests, evaluations, consultations, program management, soil borings, hazardous materials identification, energy computation, life safety code studies, interior space comprehensive planning/design, conceptual designs, medical studies (e.g., Health Care Requirements Analysis, Deficiency Tabulations, Facility Utilization Studies, Economical Analysis, Project Books, Concept of Operations), value engineering, other associated engineering services, shop drawing review, as-built drawing preparation, Operation and Maintenance Support Information (OMSI), Commissioning, construction inspection and engineering consultation services during construction, and other related services. The services of a qualified medical planner and a medical equipment planner are required. SELECTION INTERVIEW: Interviews may be scheduled with firms slated as the most highly qualified. Firms slated for interviews may be asked to clarify information contained in the SF330 submittal. Elaborate presentations are not desired. All contractors are advised that registration in System for Award Management (SAM) Database is required prior to award of a contract. Failure to register in the SAM Database may render your firm ineligible for award. For more information, check the SAM Website: https://www.sam.gov. In accordance with the FAR 36.601-4(b) the AE firm must be a registered/licensed architectural and/or engineering firm to be eligible for award. Provide proof that firm is permitted by law to practice the professions of architecture or engineering, (i.e., state registration number or a brief explanation of the firm’s licensing in states that do not register firms, etc.). Failure to submit the required proof could result in a firm’s elimination from consideration. FIRMS WHO ARE OFFERING AS A JOINT VENTURE SHOULD INCLUDE WITH THEIR SUBMISSION A COPY OF THE JOINT VENTURE AGREEMENT. FAILURE TO INCLUDE THE JOINT VENTURE AGREEMENT WILL RESULT IN THE FIRM’S ELIMINATION FROM FURTHER EVALUATION. The awarded contract will be subject to specific provisions addressing the avoidance of organizational conflicts of interest, including NFAS 5252.209-9300, Organizational Conflicts of Interest. The prime firm for this contract will be required to perform throughout the contract term. SUBMISSION REQUIREMENTS: Architect-Engineer firms desiring to be considered for this contract must submit a completed SF-330 package. If an SF 254/SF 255 is submitted for this solicitation, it will not be reviewed or considered. The SF-330 shall be typed, one sided, at least 11 point or larger. Part I shall not exceed 75 single-sided 8.5 by 11 inch pages (the page limit does not include the ISRs, certificates, PPQs, licenses, or the draft subcontracting plan, as required by the Small Business Subcontracting criterion, nor does the page limit include cover sheets or divider sheets, provided that these do not include any information regarding the capability of the company, or any information submitted in response to a question or requirement from the synopsis. If a cover sheet or divider sheet includes any information determined by the Contracting Officer to be substantially answering a question or requirement in the synopsis or explaining company capability, it will be counted as a page toward the 75 page limit). Part I pages shall be numbered sequentially. Introductions shall be included in Sections E and F. Please include your DUNS, CAGE, and TIN numbers in Block 30 of the SF-330. The organizational chart may be one page single sided 11 by 17 foldout, using 11 pitch/point font or larger (font limitations do not apply to graphics, captions or tables). Interested firms shall submit (5) hard copies of the SF-330 and (5) CDs/DVDs to Naval Facilities Engineering Command Atlantic, Code ACQ34, Attn: Heather Race, 6506 Hampton Blvd, Norfolk VA 23508. If there are any discrepancies between the hard copy and CD, the hard copy will govern. Responses are due no later than June 6, 2016 at 2:00 PM EDT. Late responses will be handled in accordance with FAR 52.215-1. The point of contact is Heather Race, Contract Specialist, at 757-322-8103. NOTE: If hand-carrying or express mailing proposal, the firm is advised that the Contracting Officer is on a secured base and passes are required to enter the base. Anticipate delays in base access and plan accordingly. Hand-carried proposals must be delivered to the mailroom. Government personnel will not pick up proposals at the gate. It is the contractor’s responsibility to ensure delivery to the location specified. All visitors to NAVFAC Atlantic who do not have a CAC badge or RAPIDGATE badge must have a background check run by the Naval Station Pass and ID office (Security Department at Commander, Naval Region Mid-Atlantic). Special Note: RAPIDGATE badges must be programmed for access to the Naval Support Activity, Hampton Roads in order to gain access to the LRA. Visitors who do not have a CAC or RAPIDGATE badge must complete the attached Visitor Access Pass Request form (Excel spreadsheet). Visitors must complete and forward the form directly to the following personnel in the security department via email: 1. Iris Gholston, 757-322-8116, iris.gholston@navy.mil Visitors must complete and provide the attached form to the security department at least five working days prior to their scheduled meeting date to allow ample time to process and complete the background check. Commercial couriers such as FEDEX, DHL or UPS follow the same visitor procedures listed above and they are required to have a background check if they do not have a CAC badge or RAPIDGATE badge. Commercial couriers must also have their vehicle inspected at location listed in the attached LRA commercial vehicle inspection procedures prior to accessing the LRA. Firms should check with their intended courier to ensure they have the proper identification credentials to access the LRA. Temporary visitor passes must be picked up by the approved visitor from the Naval Station Pass and ID Office located at the following address prior to visiting NAVFAC Atlantic on LRA: Address: Naval Station Pass and ID Office 9040 Hampton Blvd Norfolk, VA 23505 Telephone Number: 757-322-2975 Hours of Operation: 0600-1700 on Monday through Friday Electronic (E-mail, facsimile, etc.) submissions are not authorized. Inquiries concerning this procurement should include solicitation number and title and be forwarded via email to heather.race@navy.mil. SELECTION CRITERIA: Standard Form 330s will be evaluated to determine the most highly-qualified firm based on criterion responses. Failure to provide requested data or to comply with the instructions in this notice could result in a firm being considered less qualified or eliminated from consideration. The Selection of Architects and Engineers Statute and FAR Part 36.6 selection procedures apply. The AE must demonstrate the team’s qualifications with respect to the published evaluation criteria. Failure to provide complete submission information defined in the evaluation factors below may affect a firm’s qualification ratings. Evaluation criteria 1 through 3 are considered most important and are equal among themselves; criteria 4 through 6 are of slightly less importance and are equal among themselves; criterion 7 is of the least importance and will be used as a tie-breaker among technically equal firms. Specific evaluation criteria include: 1. Specialized Experience 2. Professional Qualifications and Technical Competence 3. Past Performance 4. Quality Control 5. Program Management, Capacity and Location 6. Commitment to Small Business 7. Volume of Work Criterion 1 —Specialized Experience (SF330, Part I, Section F): Firms will be evaluated on relevant specialized experience and technical competence in performance of services similar to those anticipated under this contract through evaluation of experience in: 1. Experience with regard to medical treatment facilities design and construction. 2. Experience with multi-phased design and construction of renovations of existing facilities performed within an operational medical facility that had to comply with infection control, life safety and Interim Life Safety Measures in compliance with The Joint Commission (TJC), and had to address noise/vibration control issues 3. Experience with medical facilities studies 4. Experience applying sustainability concepts to design and construction through an integrated, cost effective design approach in accordance with federally recognized sustainability ratings systems such as the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) Green Building Rating System or Green Globes. Firms may be considered more favorably by demonstrating the following: 1. Experience with medical facilities in multiple NAVFAC geographic regions. Submission requirements: Provide two (2) relevant medical studies (e.g., Health Care Requirements Analysis, Deficiency Tabulations, Facility Utilization Studies, Economical Analysis, Project Books, Concept of Operations) completed within the past seven (7) years immediately preceding the date of issuance of this Notice. Additionally, provide a maximum five (5) relevant design projects in which the design was completed within the past seven (7) years immediately preceding the date of issuance of this notice that best demonstrate specialized experience of the proposed team in the areas outlined above. Within the maximum five (5) submitted relevant design projects, provide a minimum of: • Two (2) projects that are phased medical renovation designs with construction cost between $1M to $50M.; and • Two (2) medical design projects with construction cost over $30M. If the project submitted is a Design-Bid-Build (full design), to be relevant, the design must be complete. If the project is Design-Build (DB), to be relevant, the DB design documents must be complete. If the project is a DB RFP development, to be relevant, the DB RFP must be complete. Sufficient information for each submitted project must include: • Date of completion of the project must be included in the project description or the project will not be considered. • Project building(s) size (SF or SM.) • Identify implementation of sustainable concepts employed, or sustainable certification achieved, such as (but not limited) to Green Globes or LEED. For projects certified, submit a copy of the certificate (certificates are not included toward the overall page count). If more than the maximum number of projects are submitted, the Government will not evaluate projects beyond the maximum number specified in the submission requirements. All projects provided in the SF330 must be completed by the office/branch/regional office/individual team member actually proposed to manage and perform work under this contract. Projects not meeting this requirement will be excluded from consideration in the evaluation. To enable verification, firms should include the DUNS number along with each firm name in the SF330 Part 1, Section F, block 25, “Firm Name” Include a contract number or project identification number in block 21. Include an e-mail address and phone number for the point of contact in block 23(c). In block 24, include in the project description the contract period of performance, award contract value, current contract value, and a summary of the work performed that demonstrates relevance to specialized experience as outlined above. If the contractor served as a subcontractor on a project, indicate the value of the work that firm provided towards the performance of the overall project. If a project was performed by a joint venture, and not all joint venture partners are on the team proposed for this contract, the firm/team should specifically address the work performed by the joint venture partner offering/teaming on this contract. Likewise, if the firm/team member worked as a subcontractor on a project, the description should clearly describe the work actually performed by the firm/team member proposed for this contract and the roles and responsibilities of each on the project, rather than the work performed on the project as a whole. If the project description does not clearly delineate the work performed by the entity/entities offering/teaming on this contract, the project could be eliminated from consideration. NOTE: If the firm is a joint venture, projects performed by the joint venture should be submitted; however, if there are no projects performed by the joint venture, projects may be submitted for either joint venture partner, not to exceed a total of five (5) total design projects in the submission package. At least one (1) relevant project must be submitted from each joint venture partner if no projects were performed by the joint venture. Firms failing to provide projects from all joint venture partners will be considered to have not met the requirements of the criterion. Projects shall be submitted on the SF-330 at Part I, Section F and shall be completed projects. Projects not completed will be excluded from evaluation consideration. For submittal purposes, a task order on an IDIQ contract is considered a project, as is a stand-alone contract award. Do not submit an IDIQ contract as an example project. Instead, list relevant task orders or stand-alone contract awards that fit within the definition above. The Government will not evaluate information provided for an IDIQ contract. Examples of project work submitted that do not conform to this requirement will not be evaluated. Failure to provide requested data, accessible points of contact, or valid phone numbers may result in a firm being considered less qualified. All information for Criterion 1 should be submitted in the SF330, Part I, Section F. The Government WILL NOT consider information submitted in addition to Part 1, Section F in evaluation of Criterion 1. Criterion 2—Professional Qualifications and Technical Competence (SF330, Part I, Sections E and G): Firms will be evaluated on professional qualifications, competence, and experience of the proposed key personnel in providing services to accomplish the tasks required under this contract, including participation in example projects in the SF330, Part 1, Section G. Key personnel are individuals who will have major contract or project management responsibilities and/or will provide unusual or unique expertise. Failure to provide a balanced workforce in the disciplines required to satisfy the requirements of the scope listed above will result in the firm being considered not qualified. Specific disciplines that must be included in key personnel are Program Manager, Medical Planner, Medical Equipment Planner, Quality Control, Project Manager, Architect, Civil, Structural, Mechanical, Electrical, Geotechnical Engineer; a licensed Fire Protection Engineer is required; a practicing certified interior designer; cost estimator and scheduler are also required. Submission Requirements: SF330, Part I, Section E. Provide resumes for all proposed key personnel that illustrate experience in the work proposed under this contract. Resumes are limited to one page each and should indicate: professional registration (including registration / certification number), certification, licensure and/or accreditation in appropriate disciplines; cite recent experience within the past seven (7) years on project-specific work relevant to the services required under this contract; and indicate proposed role in this contract. Indicate participation of key personnel in example projects in the SF330, Part 1, Section G. Differentiate between planning and design experience. Include any sustainable professional accreditation, such as (but not limited to) LEED AP, Green Globes Professional. Criterion 3—Past Performance (SF330, Part I, Section H): Firms will be evaluated on past performance with Government agencies and private industry in terms of work quality, compliance with schedules, cost control, and stakeholder/customer satisfaction. Evaluating past performance and experience will include information provided in Past Performance Questionnaires (PPQs) or CPARS/ACASS for Criterion 1 projects and may include customer inquiries, Government databases, and other information available to the Government including contacts with points of contact in other criteria. Failure to provide requested data, accessible points of contact, or valid phone numbers could result in a firm being considered less qualified. NOTE: Past performance information for projects listed under Criterion 1 may be given greater weight. Submission Requirements: SUBMIT A COMPLETED CPARS/ACASS EVALUATION FOR EACH PROJECT UNDER CRITERION 1. IF A COMPLETED CPARS/ACASS EVALUATION IS NOT AVAILABLE, the Past Performance Questionnaire (PPQ) (Attachment (A)) included in this notice is provided for the firm or its team members to submit to the client for each project the firm includes under Criterion 1, Specialized Experience. A FIRM SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CPARS/ACASS IS AVAILABLE. IF A CPARS/ACASS EVALUATION IS NOT AVAILABLE, ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with your SF330. If the firm is unable to obtain a completed PPQ from a client for a project(s) before the response date set forth in this notice, firms should complete and submit with their responses the first page of the PPQ (Attachment (A)), which will provide contract and client information for the respective project(s). Firms may submit a PPQ previously submitted under a different Notice/RFP (legible copies are acceptable) as long as it is on the same form as posted with this Synopsis. Firms should follow up with clients/references to ensure timely submittal of questionnaires. If requested by the client, questionnaires may be submitted directly to the Governments point of contact, Naval Facilities Engineering Command Atlantic Code ACQ34, Attn: Heather Race via email at heather.race@navy.mil, prior to the response date. Firms shall not incorporate by reference into their response PPQs or CPARS previously submitted in response to other A/E services procurements. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. Firms may provide any information on problems encountered and the corrective actions taken on projects submitted under Criterion 1 Specialized Experience. Firms may also address any adverse past performance issues. Information shall not exceed two double-sided pages (or four single-sided pages) in total. Awards, letters of commendation, certificates of appreciation, etc. shall not be submitted and will not be considered in the evaluation. Criterion 4—Quality Control Program (SF330, Part I, Section H): Firms will be evaluated on the strength of the quality control program proposed by the firm to ensure quality products and services under this contract, and means of ensuring quality services from their consultants/subcontractors. Submission Requirements: Describe the quality control program that will be utilized for all deliverables of this contract and the management approach for quality control processes and procedures. The description shall: 1. Explain the quality control program including an example of how the plan has worked for one of the projects submitted as part of SF330, Section F or how the plan will work if it has not been used previously. Additionally, discuss any lessons learned that have led to the proposed plan. 2. Provide a quality control process chart showing the inter-relationship of the management and team components. 3. Describe specific quality control processes and procedures proposed for this contract, specifically, technical accuracy of and assurance of overall coordination of plans and specifications, and engineering and design services. 4. Identify the quality control manager and any other key personnel responsible for the quality control program and a description of their roles, responsibilities and authorities assigned to the individual(s). 5. Describe how the firm’s quality control program extends to management of subcontractors. Criterion 5—Program Management and Capacity and Location (SF330, Part I, Section H): Firms will be evaluated on the firm’s ability to plan for and manage work under the contract, the capacity to accomplish the work in the required time, and on the locations of their office(s) that will be performing the work under this contract. Submission Requirements: 1. Provide an organizational chart for the team and discuss the management plan for this contract and personnel roles in the organization. Describe the ability of the firm to manage, coordinate and work effectively with team members, both internal staff and consultants. Discuss the history of working relationships with team members, including joint venture partners where applicable. Teams with a demonstrated history of working together may be considered more favorably 2. Describe the firm’s present workload and the availability of the project team (including consultants) for the specified contract performance period. Describe the workload/availability of the key personnel during the anticipated contract performance period and the ability of the firm to provide qualified backup staffing for key personnel to ensure continuity of services. General statements of availability/capacity may be considered less favorably. 3. Provide the location of the office(s) that will be performing the work, including main offices, branch offices, and offices of team members and how these locations will be advantageous to the government. Due to the worldwide coverage of this contract, office in multiple locations may be considered advantageous. Criterion 6—Commitment to Small Business (SF330, Part I, Section H): Firms will be evaluated in terms of their extent to identify and commit to Small Business (SB), Small Disadvantaged Business (SDB), Women-Owned Small Business (WOSB), Historically Underutilized Business Zone Small Business (HUBZoneSB), Veteran-Owned Small Business (VOSB), Service Disabled Veteran Owned Small Business (SDVOSB), and if applicable, Historically Black Colleges or Universities and Minority Institutions (HBCU/MI) in performance of this contract, whether as a joint venture, teaming arrangement, or subcontractor. The Government will evaluate proposals based on: (A) Past performance in utilization of small business concerns, and (B) Participation of small business concerns for this requirement. In support of (A), all firms shall provide historical data on utilization of SB, SDB, WOSB, HUBZoneSB, VOSB, SDVOSB and HBCU/MI. Large Businesses shall submit three “final” or “most recent” Individual Subcontracting Reports (ISRs) for similar contracts of relative size which show compliance with utilizing the various types of small business firms noted above. If ISRs are not FINAL or MOST RECENT they will not be considered. If subcontracting goals were not met, provide an explanation. If Individual Subcontracting Reports were not applicable to the similar contracts noted, large businesses shall submit other documentation which shows their utilization of the various types of small business firms for the contracts. Small Businesses shall also submit documentation which shows their utilization of the various types of small business firms for similar contracts of relative size. In support of (B), large businesses shall submit a draft Small Business Subcontracting Plan, in which they will be evaluated on the extent to which they identify and commit to the published Small Business Subcontracting Program. The Secretary of the Navy has assigned the Naval Facilities Engineering Command goals for FY2015 in terms of percentages of total planned subcontracting dollars for utilization of small businesses. Demonstrate the plan to meet these goals: FY2016 FY2017 FY2018 FY2019 FY2020 SB 65.00% 65.00% 65.00% 65.00% 65.00% HubZone 6.00% 6.00% 6.00% 6.00% 6.00% SDB 15.00% 15.00% 15.00% 15.00% 15.00% WOSB 15.00% 15.00% 15.00% 15.00% 15.00% SDVOSB 5.00% 5.00% 5.00% 5.00% 5.00% VOSB 5.00% 5.00% 5.00% 5.00% 5.00% If a large business firm is selected for award, a Small Business Subcontracting Plan, in accordance with FAR 19.7 and DFAR 219.7, will be required and incorporated into the contract award. A draft Small Business Subcontracting Plan is not required from small businesses; however, small businesses shall submit similar information on the extent to which they identify and commit to subcontracting to large business (LB), SB, SDB, WOSB, HUBZoneSB, VOSB, SDVOSB, and HBCU/MI if applicable in the performance of this contract. The Small Business size standard classification is NAICS 541310, Architectural and Engineering Services, size standard $7,500,000. The attached Small Business Subcontracting Plan template (Attachment (B)) shall be used by large businesses to complete the draft subcontracting plan. Firms shall submit their “draft” Small Business Subcontracting Plans utilizing this template, and ONLY this template. Criterion 7—Volume of Work (SF330, Part 1, Section H) Firms will be evaluated in accordance with DOD Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance and Information (PGI) 236.602-1, from data extracted from the Federal Procurement Data System (FPDS). Firms will be evaluated in terms of work previously awarded to the firm by DOD within the past twelve months with the objective of effecting an equitable distribution of contracts among qualified AE firms including small, disadvantaged business firms, and firms that have not had prior DOD AE contracts. Submission Requirements: Firms do not submit data for this factor. The government will obtain information as described above. For joint venture (JV) submissions, the government will obtain the data for each JV partner.

C--Firm Fixed Price Contract for Design of the FY16 PN45707 MCA Waste Water Treatment Plant, United States Military Academy, West Point for Architect Engineering Services.

Department of the Army, U.S. Army Corps of Engineers | Published April 8, 2015  -  Deadline May 7, 2015
cpvs

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. This is a combined synopsis/solicitation for Architect Engineer Services including but not limited to provide services for Waste Water Treatment Plant (WWTP) planning and design with a design basis report, 30%, 60%. 90% and 100% final design submittals. CONTRACT INFORMATION: This contract is being procured in accordance with Public Law 92-582, the Brooks Act as implemented in FAR Subpart 36.6 and DFARS 236.6. The selection will be based on demonstrated competence and qualifications for the required work. One (1) A-E firm will be selected based on demonstrated competence and qualifications for the required work. One (1) firm fixed basic contract will be negotiated and awarded. The contract length is estimated to not exceed five (5) years. The contract amount is within the range of $5,000,000 to $10,000,000. NAICS CODE is 541330. The Size Standard is $15,000,000.00. The Solicitation Number is W912DS-15-AE-0001. Proposals are being requested and a written solicitation will not be used. The contract is procured as an Unrestricted Full and Open Competition. A firm fixed basic contract will be negotiated that includes level of efforts, labor rates for each discipline and overhead rates for the contract period that includes design, cost estimating, environmental, survey and geotechnical services. This announcement is unrestricted and open to all businesses regardless of size. If a large business is selected, it must comply with FAR 52.219-9 regarding the requirement for a subcontracting plan on that part of the work it intends to subcontract. The plan is not required with this submittal, but will be required with the fee proposal of the firm selected for negotiations. The contracted A-E firm will be required to use the following subcontracting goals (percentage of work) in their subcontracting plan. The FY 15 target goals are SB 40%, SDB 3.0%, WOSB 7.0%, HubZone 1.0%, Veteran-owned small business 2.0%, and service disabled veteran-owned small business 3.0%. To be eligible for contract award, a firm must have a DUNS number from Dun & Bradstreet (D&B) and be registered in the Department of Defense (DoD) System for Award Management (SAM). If you were not previously registered, please go to https://www.sam.gov. Instructions for new registration are also located at the following link: https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract_Registrations_v1.7.pdf. Contractors may obtain information on registration and annual confirmation requirements at http://www.sam.gov or by calling (866) 606-8220. The contract is anticipated to be awarded in June 2015 and final design completed by May 2016. 2. PROJECT INFORMATION: This project will provide services for Waste Water Treatment Plant (WWTP) planning and design with a design basis report, 30%, 60%, 90% and 100% final design submittals. This project will replace the existing WWTP and will increase the capacity of the existing West Point WWTP from the current 2.06 million gallons per day (MGD) to 3.5 MGD (dry conditions)/7.0 MGD (wet conditions) gallons a day. The plant design shall meet the anticipated SPDES Permit effluent limitations. Primary facilities include primary, secondary and tertiary waste water treatment facilities, associated buildings, building information systems, fire protection and alarm systems, installation of closed-circuit television (CCTV), and Energy Monitoring and Control Systems (EMCS) connection. Sustainability/Energy measures will be provided. Supporting facilities include, site development, utilities and connections, lighting, paving, parking, walks, information systems, landscaping and signage. Heating will be provided by self-contained system. Measures in accordance with the Department of Defense (DoD) Minimum Antiterrorism for Buildings standards will apply. Facilities will be designed to a minimum life of 50 years in accordance with DOD Unified Facilities Code (UFC 1-200-02) including energy efficiencies, building envelope and integrated building systems performance. The Military Reservation is a Net-Zero Energy pilot installation. The design may have provisions for the energy that is consumed in operating the WWTP to be partially offset by the use of alternative energy systems. Access for individuals with disabilities will be provided. All pumps, piping, containment vessels, process equipment, buildings and control systems necessary for this capacity will be included in this project design. This project may provide tertiary treatment to produce reclaimed water suitable for irrigating athletic fields. The project site is located in the northeast portion of West Point property and will be a redevelopment of the existing Waste Water Treatment Plant site. The increase in facility requirements to accommodate capacity increase, results in the need for additional site area. The site may be expanded to the west, requiring excavation and stabilization of the adjacent steep slope. Portions of the Directorate of Intercollegiate Athletics (DIA) fields that adjoin the northern boundary of the existing WWTP will be utilized temporarily during construction for construction laydown/staging and temporary wastewater treatment facilities to maintain service while the existing plant is demolished and the new facility constructed. The treatment of wastewater flow from West Point shall not be disrupted during this project, construction phasing plans to accommodate demolition and temporary wastewater treatment will be provided with the design. A VE study will be done concurrently with the concept (30%) design and will require designer participation. AE will be responsible for preparing re-permitting documentation for NYSDEC. AE will be responsible for evaluation of the potential environmental impacts of the proposed project in accordance with the National Environmental Policy Act (NEPA) and Army regulation (AR 200-2). The selected AE will be required to provide design review services in Dr. Checks. The estimated construction cost of this project is in between $60,000,000 and $65,000,000. The design duration is approximately 330 calendar days from the issuance of the Notice to Proceed and must be complete by 1 May 2016 including 3 review periods. The A-E services may include but are not limited to the following: Site & Infrastructure/Seismic Design in accordance with the UFC's. Development of design criteria and basis of design. Design work analysis Technical specifications NEPA documentation and coordination. Historic Architecture and Section 106 consultation. Preparation of Permit applications. Preparation Final Design construction documents. Antiterrorism/Force Protection Design in accordance with applicable UFC's Sustainable Design/LEED/NET Zero Strategy Development Comprehensive Interior Design Building Information Modeling (BIM) Cost estimating using the latest version MII [M2] software Preparation of CADD. Deliverables in Building Information Modeling (BIM) format will be required. Drawings shall be prepared in accordance with the Architectural/Engineering/Construction (A/E/C) Computer-aided standard version (CADD). Construction phase services, including but not limited to: Design during construction Preparation of operation and maintenance manuals Providing technical assistance - responding to requests for information (RFIs) Shop Drawing Review - review of shop drawings and submittals Conduct site visits Commissioning/enhanced commissioning Fit-up design support. Project Start-up - coordinate with contractors to start up and conduct performance tests of the constructed project 3. SELECTION CRITERIA: The selection criteria for this contract are listed below in descending order of importance (first by major criterion and then by each sub-criterion). The following a thru f criteria are considered primary criteria while the criterion g through h are secondary and will only be used as quote mark tie-breakers quote mark among firms that are essentially technically equal. a. Specialized Experience and Technical Competence: Demonstrated experience in planning and design of Municipal Waste Water Treatment Plants (WWTP) between 1 and 5 MGD capacity. Demonstrated experience with NYSDEC permitting process and ability for compliance with their NYS professional engineer requirements. Demonstrated experience in design planning and scheduling management of fast track designs. Demonstrated experience in working on military installation projects Demonstrated experience in sustainable design using an integrated design approach and emphasizing environmental stewardship, with experience in energy and water conservation and efficiency; use of recovered and recycled materials; waste reduction; reduction or elimination of toxic and harmful substance in facilities construction and operation; efficiency in resource and material utilization; development of healthy, safe and productive work environments; and employing the LEED evaluation and certification methods. Demonstrated ability to produce Cost estimates using MII. The cost estimator and/or the subcontractor should demonstrate familiarity with the changing dynamics of the current construction market in the Tri-state New York Area with particular emphasis on the Mid-Hudson Valley Area of New York. Demonstrated ability to produce drawings in AutoCAD and AutoCAD Revit. Demonstrated ability to produce quality designs based on evaluation of a firm's design quality management plan (DQMP). The evaluation will consider the management approach, coordination of disciplines and subcontractors, quality control procedures, and prior experience of the prime firm and any significant subcontractors on similar projects. b. Demonstrate qualified personnel at a minimum in the following key disciplines: Principal Project Manager Architectural Mechanical Engineering Electrical Engineering Instrumentation & Controls Engineer Telecommunications Engineering Fire Protection engineering (see requirements below) Structural Engineering Civil Engineering Wastewater Engineer Environmental Engineer Certified Industrial Hygienist Quality Assurance Manager & all QA/QC Team Members Geotechnical Engineering Cost Estimating Land Surveyor Biologist (with EA preparation experience) Permit Preparers Accredited LEED specialist Anti-Terrorism/Force Protection Specialist (physical & electronic security) The evaluations will consider education, training, registration, voluntary certificates, overall and relevant experience, and longevity with the firm. Senior project personnel are required to be licensed and/or registered. Additional disciplines may be submitted as required by the AE for this type/size project and will be evaluated as the above. Fire Protection Engineering: The Services and Qualifications of Fire Protection Engineers are shown in Section 1.6 of UFC 3-600-01, and are reiterated here: A qualified fire protection engineer shall be an integral part of the design as it relates to fire protection. This includes, but is not limited to, building code analysis, life safety code analysis, design of automatic detection and suppression systems, water supply analysis, and a multi-discipline review of the entire project. For the purposes of meeting this requirement a qualified fire protection engineer is defined as an individual meeting one of the following conditions: i.) A registered professional engineer (P.E.) having a Bachelor of Science or Master of Science Degree in Fire Protection Engineering, from an accredited university engineering program, plus a minimum of 5 years' work experience in fire protection engineering. ii.) A registered professional engineer (P.E.) who has passed the National Council of Examiners for Engineering and Surveys (NCEE) fire protection engineering written examination. iii.) A registered professional engineer (P.E.) in a related engineering discipline with a minimum of 5 years experience, dedicated to fire protection engineering that can be verified with documentation. c. Past performance: Past performance on DoD and other contracts with respect to quality of work, cost control, and compliance with performance schedules, as determined by CPARS and other sources. d. Capacity: The A-E's are required to demonstrate how they will complete the design work by May 2016, given the employee capacity of the team. The evaluation will consider the availability of an adequate number of personnel in all key disciplines. e. Locality: Knowledge of the locality and location of the firm or office within the general geographical area of U.S. Military Academy at West Point, NY provided that application of this criterion leaves an appropriate number of qualified firms, given the nature and size of the project. Note: Firms are encouraged to submit from any geographical area. Secondary Selection criteria: f. Extent of participation of Small business, Veteran-owned small business, service-disabled small business, HUBZONE small business, small disadvantaged small business and woman-owned small business and minority institutions in the proposed contract team, measured as a percentage of the total estimated effort. g. Geographic proximity to the United States Military Academy and specifically knowledge of construction in the locale. h. Volume of work previously awarded to the firm by the Department of Defense, with the object of effecting an equitable distribution among qualified A/E firms, including small business, Veteran-owned small business, service-disabled small business, HUBZONE small business, small disadvantaged small business and woman-owned small business and minority institutions and firms that have not had prior DoD contracts. 4. SUBMISSION REQUIREMENTS: Interested prime firms having the capabilities to perform these services must submit five (5) copies and one (1) CD copy in PDF format of a comprehensive SF 330 (06/2004 edition), which includes all sub-consultants information.The SF 330 can be found on the following GSAweb-site: http://www.gsa.gov/Portal/gsa/ep/home.do?tabId=0 The forms can be downloaded in a .pdf file type. Each key office on the team should indicate DUNS # in Block 4 of Part II of the SF330. Include the prime firm's CPARS number in Block H, SF 330. Total submittal page limitation is 75 pages. Section E is limited to 40 pages. Section F is limited to 10 pages. Supplemental information on the SF 330 is posted on the NY District USACE website: http://www.nan.usace.army.mil/BusinessWithUs/EngineeringDivision.aspx. Submit the completed SF330's to US Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY, 10278, Room 2037. Attn: Mr. Stephen Dibari, CENAN EN M. 917-790-8384. Submittals will not be accepted after 5:00 pm on the original response date shown in the advertisement in the FedBizOps. If the original response date falls on a Saturday, Sunday, or a Federal Holiday, the response date will moved to the next business day. Facsimile transmissions of the SF330 will not be accepted. For questions regarding this contract, contact at 917-790-8384 or e-mail: Stephen.Dibari@usace.army.mil. If a Pre-Selection meeting is required, notifications will not be sent after approval of the pre-selection. Notification of all firms will be made within ten (10) calendar days after selection approval. In addition to the two (2) items listed above, the remaining info on Release of information on firm selection shall be in accordance with UAI SUBPART 5.4 (USACE ACQUISITION INSTRUCTIONS). Interviews (discussions) will be held with all the most highly qualified firms as required by FAR 36.602-3(c). All firms will be interviewed by the same method (telephone, video teleconference or in person). Firms will be given sufficient advance notice to allow representatives to participate in the interviews or presentations. All firms will be asked similar questions. The questions will be related to the announced selection criteria including but not limited to, their experience, capabilities, capacity, organization, management, quality control procedures and approach for this project.