PRESOL | M | GROUNDS AND MAINTENANCE SUPPORT SERVICES - 1449

FBO DAILY ISSUE OF APRIL 25, 2012 FBO #3805
SOLICITATION NOTICE

M -- GROUNDS AND MAINTENANCE SUPPORT SERVICES - 1449

Notice Date: 4/23/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 561730 — Landscaping Services
Contracting Office: U.S. Department of State, Office of Logistics Management, Acquisition Management, P.O. Box 9115, Rosslyn Station, Arlington, Virginia, 22219, United States
ZIP Code: 22219
Solicitation Number: SAQMMA11R0148
Archive Date: 6/2/2012
Point of Contact: Rosalind M. Hicks, Phone: 703-875-7264, Kimberly D. McKay, Phone: 7038756054
E-Mail Address: hicksrm2@state.gov, mckaykd@state.gov
(hicksrm2@state.gov, mckaykd@state.gov)
Small Business Set-Aside: HUBZone
Description: Attachment 5 - ACH Vendor Enrollment Form Attachment 4 - Subcontracting Worksheet Attachment 3- Contractor Performance Evaluation Survey Attachment 2 - DOL Wage Determination Attachment 1 - ANSI Standards Pricing Standard Form 1449 Solicitation No. SAQMMA11R0148 GROUNDS AND MAINTENANCE SUPPORT SERVICES **THIS IS A 100% HUBZONE SET ASIDE 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. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is SAQMMA11R0148 and is issued as a request for proposal (RFP). This acquisition is 100% Hub Zone set aside. The associated National American Industrial Classification Standards (NAICS) code for this procurement is 561730. All interested offerors should review the below requirements and submit a proposal in accordance with Section 52.212-1 as stated in the requirement below: The Government intends to award a single Indefinite Delivery - Indefinite Quantity (IDIQ) type contract for Performance-based contracting, as defined in FAR 37.101, and means structuring all aspects of the acquisition around the purpose of the work to be performed as opposed to either the manner by which the work is to be performed or based on broad and imprecise statement of work. Task Orders written under this IDIQ contract will be firm-fixed for the US Department of State (DOS), Bureau of Administration, Office of Logistics Management. The base period of performance will be one year from date of award with three one-year options. The Facility Services acquisition will provide Grounds and Maintenance Support Services to include grounds maintenance, snow removal, landscaping at the International Chancery Center located in Washington, DC. The Request for Proposal (RFP) will require submission of a technical and price proposal. Evaluations and award will be on the lowest price technically acceptable offeror. All questions concerning the Request for Proposal shall be received by 2:00 pm, EST, Thursday, May 10, 2012. Please submit questions related to the solicitation to Rosalind Hicks via e-mail @hicksrm2@state.gov. NO PHONE CALLS WILL BE ACCEPTED. Proposals should be received by 12:00 pm, EST, Friday, May 18, 2012 in accordance with section 52.212-1, to be considered for award. It is highly recommended that ALL prospective offerors review the associated documents, attached, before submission of proposals. GENERAL This is a performance-base contract, as defined by Federal Acquisition Regulation (FAR) 37.101. The Contractor shall provide, in accordance with issued Task Order (TO's), ground maintenance, landscaping, and snow and ice removal services at the Department of State International Chancery Center (ICC), as defined in Subpart 37.6. Services shall be performed in accordance with the statement of objectives on an Indefinite Delivery-Indefinite Quantity (IDIQ) basis. Task Orders will provide a firm-fixed price. This requirement is a total Hub Zone Set-Aside. NAICS Code 561730 (Landscape Services). The contract will have a base year with four (4) one (1) year option periods. TYPE OF CONTRACT (05/95) The Government contemplates awarding a Fixed-Price, Indefinite Delivery Indefinite Quality (IDIQ) contract for this requirement. The obligation of funds for the performance of services under this contract will be affected by the issuance of task orders. MINIMUM AND MAXIMUM CONTRACT AMOUNTS--INDEFINITE QUANTITY CONTRACT (05/95) (a) Per FAR 52.216-22 "INDEFINITE QUANTITY," the minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to the amount(s) set forth below. If this contract contains options, the minimum for each option shall apply separately and independently to that option. Base Total amount of CLIN 0001 $______________ Option 1 Total amount of CLIN 1001 $______________ Option 2 Total amount of CLIN 2001 $______________ Option 3 Total amount of CLIN 3001 $______________ Option 4 Total amount of CLIN 4001 S________________ (b) The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services equal to: To be completed at time of award DESCRIPTION OF SERVICES: The contractor shall provide, in accordance with the Statement of Objectives, all necessary material, labor, equipment, and supervision for grounds maintenance and snow and ice removal services at the Department of State International Chancery Center located between Connecticut Avenue and Reno Road on the North and South sides of Van Ness Street, N.W., Washington, D.C. PRICING BASE YEAR: __________through __________(To be completed at time of award) Line Item Description Qty Unit Unit Price Total Cost 0001 Ground Maintenance Services 12 Months __________ ___________ 0002 Snow and Ice Removal Services 12 Months __________ ___________ 0003 Reimbursable 1 Lot $50,000.00 $50,000.00 Total Base Year _____________ OPTION YEAR 1: __________through __________(To be completed at time of award) Line Item Description Qty Unit Unit Price Total Cost 1001 Ground Maintenance Services 12 Months __________ ___________ 1002 Snow and Ice Removal Services 12 Months __________ ___________ 1003 Reimbursable 1 Lot $50,000.00 $50,000.00 Total Option Year 1 _____________ OPTION YEAR 2: __________through __________(To be completed at time of award) Line Item Description Qty Unit Unit Price Total Cost 2001 Ground Maintenance Services 12 Months __________ ___________ 2002 Snow and Ice Removal Services 12 Months __________ ___________ 2003 Reimbursable 1 Lot $50,000.00 $50,000.00 Total Option Year 2 _____________ OPTION YEAR 3: __________through __________(To be completed at time of award) Line Item Description Qty Unit Unit Price Total Cost 3001 Ground Maintenance and 12 Months __________ ___________ 3003 Snow and Ice Removal Services 12 Months __________ ___________ 3004 Reimbursable 1 Lot $50,000.00 $50,000.00 Total Option Year 3 _____________ OPTION YEAR 4: __________through __________(To be completed at time of award) Line Item Description Qty Unit Unit Price Total Cost 4001 Ground Maintenance Services 12 Months __________ ___________ 4003 Snow and Ice Removal Services 12 Months __________ ___________ 4004 Reimbursable 1 Lot $50,000.00 $50,000.00 Total Option Year 4 _____________ STATEMENT OF OBJECTIVES FOR GROUND MAINTENANCE, LANDSCAPING AND SNOW AND ICE REMOVAL SERVICES To provide ground maintenance, landscaping, and snow and ice removal services for the International Chancery Center. The International Chancery Center is located at Connecticut Avenue and Van Ness Street, NW in Washington, DC. The International Chancery Center (ICC) consists of 47 acres, including three parks, and a perimeter buffer area that bends the ICC into the surrounding community. It is also home to 16 foreign chanceries and the Department of State's federal building. SCOPE OF WORK: This section outlines the objectives to be fulfilled under the Indefinite Delivery Indefinite Quantity (IDIQ) contract in meeting the Department of State needs as follows: OBJECTIVES: The contractor shall furnish all labor, materials, tools, equipment and services including reasonable incidentals to completing the following three tasks: I. Ground Maintenance Services II. Snow and Ice Removal Services Including but not limited to the following: A. Care and maintenance of existing landscape materials and surfaces. B. Installation and or transplantation of landscape materials and surfaces. C. Removal and proper disposal of landscape waste and materials. D. Removal and proper disposal/treatment of snow and ice conditions. E. Street sweeping and disposal of waste. F. Removal and disposal of trash/debris from all trashcans and grounds within the Chancery center. The Contractor shall submit with their proposal an approved Performance Work Statement (PWS), including a Quality Control Plan that defines and describes how the needs under the objectives are to be satisfied under the contract. SCHEDULING OF WORK: Service shall be performed according to the Ground Maintenance Services, Landscaping Services and Snow and Ice Removal Services. It is the responsibility of the Contractor to prepare more precise monthly work schedules for approval by the COR when necessary. GROUNDS MAINTENANCE PLAN The ground maintenance plan is to reflect the location and proposed dates for accomplishing the requirements of this contract. The grounds maintenance plan will be developed to fit the requirements of local conditions, types of vegetation and climate factors. The annual grounds maintenance plan will serve as the basis for preparing the monthly work plan. This plan shall be submitted with the proposal. Changes to the plan must be coordinated by both parties (Government and Contractor) with COR's final approval. WORK HOURS: The majority of the work shall be performed within the normal five (5) day work week observed by occupants of the site, holidays excluded. However, any work performed outside of the normal working hours (7AM-5PM) shall be done at no additional cost and shall commence only after prior, written approval for such work has been obtained from the COR. WORK CONDITIONS: Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work, and shall hold the Government harmless for any action on the part of its employees that result in illness or death. A Contractor Safety Plan must be submitted with the proposal for approval by the COR. Storage of Materials and Equipment: The Contractor shall not store equipment nor stockpile materials on-site without prior approval from the COR. Ownership and Purchase of Materials: All plant materials purchased for and/or installed as part of this contract are the property of the Government. The Contractor shall sign a receipt for that material and shall be responsible for its viability, property transportation, and/or installation at the designated location. Protection: All necessary precautions, including the use of appropriate warning signs and barricades shall be taken to prevent personal injury, damage to property (including existing landscape materials, surfaces, and structures), and/or damage to the environment when conducting operations. Material Handling: Upon delivery, the Contractor shall be responsible for unloading, placing and if necessary, the sustaining of all plant material prior to planning. Minimization of Air Pollution: The Contractor, to the extent practicable, shall use non-polluting power equipment. A. Reduced Ozone Emissions. On days when warning are issued that the region may exceed the federal health standard for ozone, minimize the use of all gasoline powered equipment. B. Proper Equipment Fueling. The Contractor shall fully instruct all employees on the proper and careful manner in which to fuel equipment. Management: The Contractor is fully responsible for the performance of all items within the Scope of Work. The Contractor shall provide all management, administrative, and technical functions necessary for the effective and timely accomplishment of all contract requirements. A. The Contractor shall have in his employment and available at all times a sufficient number of qualified employees to enable him to properly, safely, and economically accomplish all contract requirements. B. One hundred (100) percent of all work shall be performed with the Contractor's own employees. C. The Contracting Officer's Representative (COR) will dismiss any contract employee who is identified as a potential threat to the health, safety, security and general well being or operation mission of the facilities and its population. Supervision: The Contractor shall provide sufficient on-site supervision to fulfill the terms and conditions of this contract. The Contractor shall ensure that all work required by this contract is satisfactorily supervised by a Project manager, on-site supervisor, or a combination of the alternatives. The Project Manager or supervisor shall be available and on-site at the facility at all times while contract work is in process to receive notices, reports, or requests from either the CO or the COR. No Government employees are authorized to exercise either direct or indirect supervision over the Contract's employees. A. Telephone Numbers: 10 days after contract award, the contractor shall provide to the COR a written listing of telephone and/or cell phone numbers which the Government may use at any time to directly contact the Contractor, Project Manager, or on-site supervisor. The Contractor will immediately notify the COR of any change in these numbers. B. Project Manager/Certified Horticulturist. A "Project Manager" is a person, designated in writing by the Contractor, who has full authority to act for the Contractor during the term of the contract, and who is authorized to accept reports and all other correspondence on behalf of the contractor on all matters related to this contract. (1) Prior to assignment of the Project Manager to the Contract, a detailed resume containing at a minimum the information specified below must be submitted with the proposal for approval. These qualification standards and resume requirements shall apply to both new, replacement, alternate and stand-by Project Managers. (2) The full name of the proposed Project Manager. (3) A detailed description of his/her previous 10 years employment history. (4) The name (s) and address (s) of the companies for whom the proposed manager worked during the past 10 years along with the name(s) and telephone number(s) of his/her immediate supervisor. (5) Copies of current licenses and a list of professional training experience. C. On-Site Supervisor/Certified Arborist. An "on-site supervisor" is a person (or persons, designated in writing by the Contractor who has the authority to act for the Contractor on all matters relating to daily contract operation. Continuity of Services: To ensure continuity of essential services, the successful offeror shall be prepared to fully commence work on the start date of this contract, and should not assume that the Government or previous Contractor employees will be available to guide, direct, or specifically orientate each Contract employee. Requirements: The Contractor shall provide grounds maintenance level at the times and frequencies specified in Ground Maintenance Specification. Lawn areas are to be maintained in a manner that promotes proper health growth, rich natural green color and neat appearance. The lawn areas are to be free of broad leaf weeds (as directed by the COR) weedy grasses that present an unsightly appearance, dead vegetation, and debris. All surface disruptions (i.e., gopher mounds, mole mounds, etc) are to be raked level and any resulting holes filled prior to mowing with topsoil comprised on a natural friable soil representative of productive soils found in this area. DEFINITE WORK ITEMS (BASIC SERVICES) GROUNDS MAINTENANCE SPECIFICATIONS: 1. PRUNING: General pruning shall be done during the dormant season and shall be performed only by trained and experienced workers under the direct supervision of a certified arborist according to industry standard. A. Trees: All trees, including both deciduous and evergreen, shall be pruned in accordance with industry standards by tree workers trained and experienced in arboriculture. (Reference Standards, Attachment 1, ANSI A300 (Part 1) - 2001 Pruning) B. Shrubs: Individual plants shall be pruned by selectively thinning the existing old wood, including branches that are dead, damaged, diseased or infested. Any significant reshaping of plants shall first be approved by the COR. C. Hedges: Hedges shall be pruned or sheared as appropriate to maintain their established shape and appearance. D. Ground Cover: All ground cover shall be cut back with the exception of the evergreen groundcovers in accordance with proper horticultural procedures. E. Remove growth in front of windows, over entrance ways, or walks, or where vision is obstructed at street intersections causing a hazardous and unsafe condition. 2. LIMING: Liming is for the turf areas only. The Contractor shall be required to test the soil in all areas as needed under contract. Certified copies of the soil test shall be submitted to the COR. A complete analysis of the soil is required. If the soil test indicates a need for lime, it shall be applied uniformly at a rate prescribed by the ph determined through the soil test. Time of application shall be between January 1 and the last day of February. Lime shall be pulverized dolomitic limestone (Horticultural grade) and contain no less than 85% of calcium and magnesium carbonates. Containers shall be labeled to show chemical and mechanical analysis. In addition, if soil tests or plant material indicates a need for trace elements, they shall be applied by the contractor at no additional cost to the Government. 3. MULCHING: Mulch shall be commercial grade composted double shredded hardwood bark. Mulch must be furnished in original containers. If bulk mulch is to be used, samples and certification of its content must be submitted to the COR prior to application. All ornamentals, including borders and openings within ground cover beds, including the buffer areas in front of the chancery building shall be mulched. All trees with the exception of broad based, conical shaped, shall be mulched. Broad based conical shaped trees shall have a mulched area of at least 30 inches in diameter or extending at least 1 foot beyond the drip line of the bottom branches. (No mulch should touch the tree trunk. Mulch "Volcanoes" are unacceptable.) 4. FERTILIZING: A. Tree: Spread fertilizer evenly using a properly calibrated hand spreader.10 pounds per 100 square feet under the tree's drip zone, avoiding touching the tree trunk with material. Fertilizer shall not come in contact with any stems or leaves. Adequately water the fertilizer into the soil to prevent burn or injury to roots. Use a 16-4 8 SCU granular fertilizer unless a soil test indicates the tree is deficient in potassium or phosphorus. Fertilizer shall be applied in the Spring prior to mulching. (Between February 1 and March 15). B. Shrubs: Leaves in wooded areas to be fertilized may remain. Fertilizer shall be uniformly applied to the area immediately below the branches and at least several inches beyond. Time of application shall be between February 1 and March 15. C. Ground cover and Herbaceous Perennials: Time of application shall be between February 1 and March 15. D. Grass: Grass shall be fed only as indicated by soil tests. Liquid fertilizer and organic product programs for ornamentals, equal or better than the above may also be used. 5. PEST CONTROL: Generally pesticides are not needed for ornamentals or turf and should not be applied unless permission for a specific problem is obtained from the COR. The Contractor shall be responsible for developing and adhearing to an "Integrated Pest Management Plan" (IPM) program for ornamentals and turf, that shall be submitted to the COR within 5 days after the awarding of the contract. When pesticides are applied, all necessary precautions, including the use of appropriate warning signs, shall be taken to prevent possible hazards to the general public and the environment. If pesticide treatments are found to be ineffective, the Contractor may be called to perform additional spraying, as necessary, under the terms and specifications of this contract. The IPM program must include the following data: A. Proposed methods for control, including labels and Material Safety data (MSDS) for all pesticides used. B. A copy of the Commercial Pesticide Applicator Certificate or License for every Contractor's employee who will be performing on-site service under this contract. C. The Contractor shall not apply any pesticide product that has not been included in the Pest Control Plan or approved in writing by the COR. Pesticide application shall be according to need and not by schedule. D. The Contractor shall be responsible for maintaining a pest control logbook or file for each building or site specified in this contract. It will contain the name of the specific pesticide or fertilizer and the amounts used. The Contractor will report this information to the COR annually or when requested by the COR or his representative. E. When it is determined that a pesticide must be used in order to obtain adequate control, the Contractor shall employ the least hazardous material, most precise application technique, and minimum quantity of pesticide necessary to achieve control. F. The Contractor shall be responsible for the application of pesticides according to the label instructions. All pesticides used by the Contractor must be registered with the Environmental Protection Agency (EPA), state and /or local jurisdiction. Transport, handling, and use of all pesticides shall be in strict accordance with manufacture's label instructions and applicable federal, state, and local laws and regulations. All necessary precautions, including the use of appropriate warning signs, shall be taken to prevent possible hazards to the general public and the environment. All chemical application shall be done at hours other than the building occupancy hours. Any chemical pesticide application will be done after building occupancy hours (7:00AM to 5:00PM), or on weekends or holidays. A written request, which includes dates, times, chemicals to be applied including MSDS, and locations of proposed applications, will be submitted to the COR seven work days prior to the proposed start date, and approved before chemical application. G. Insect and Disease Control: As determined through pest evaluation surveys, only those lawn areas and ornamentals that exhibit existing and/or recurring pest problems shall be treated as follows: (1) Turf: If surveys indicate a need, lawn areas shall be treated twice a year, once early April, and early August. (2) Ornamentals shall be sprayed during one operation when the action threshold has been reached as determined by IPM surveys. Spraying shall be performed after building occupancy hours and only with the written permission of the COR. Ornamentals shall be treated as follows: A. In March, horticultural oil shall be applied for the treatment of scale insects and with an approved prophylactic insecticide shall be sprayed on elm trees exclusively, for the control of elm bark beetle. (3) State and Local Regulatory Compliance: All pesticides, including rodenticides, herbicides, insecticides, fungicides, etc., shall be applied only by a firm holding a valid state license for each category of pest control work involved. Any required state; county or local permits for possession, procurement, or use of any pesticide used under this contract shall be obtained at no additional expense to the Government in the same manner as though the work were being performed for hire on private property. In addition, all other state, county, and local requirements in connection with the pesticides used shall be complied with in the same manner as though the work were being performed for hire on private property. H. Weed Control: Weed control shall be performed by hand. NOTE: Pre-emergent applications must be pre-approved by COR if used. Weeding shall be performed when weeds are actively growing and includes the complete removal of all weeds located in the buffer areas located in front of each chancery building and in the buffer areas located in back of each chancery building as well as throughout the Center and in the following areas: (1) Ornamentals: Trees, shrubs, ground cover, and herbaceous perennials shall be weeded by hand every two weeks. (2) Turf: If determined to be needed by Individual Property Manager (IPM) surveys, lawn areas shall be treated 2 times a year with each application consisting of both pre-emergent and post-emergent (broadleaf) herbicides. Use of pre-emergent and post-emergent (broadleaf) herbicides shall be determined by the landscape Architect/Consultant. Time of the first application shall coincide with flowering forsythia locally, but only after coring has been completed. The second application shall be 6 to 8 weeks later if determined to be needed by the Landscape Architect. (3) Non-planted Areas: Parking lots, sidewalks, gravel areas, etc., are to be weeded once a month. All fence fabric shall be cleared of all vegetation and weedy growth. (4) Fences: Fences shall be treated 7 times a year (once in April, May, June, July, August, September and October) or more often as directed by the COR, and maintained with a 6 inch bare strip on both sides. 6. GRASS CUTTING: Contractor and COR shall coordinate grass cutting so that it does not interfere with outdoor activities, vehicle parking, etc. This may necessitate scheduling work on weekends with no additional cost to the Government. If any bare ground within the limits of an area becomes vegetated with grass, weed, or similar growths through natural spread i.e., not artificially planted, it shall be maintained as part of the basic contract. During periods of drought, the period between cuttings shall be extended to allow grass to attain a height of 4 inches (minimum) before cutting. A grass cutting cycle must be completed (prior to starting a new cycle) within 4 working days, including edging and trimming. A. Edging around curbs, walks, ornamental beds, etc., shall be done each time the grass is cut. A well-defined line must be established and maintained. Ornamentals shall have a well defined edge established and maintained each time the grass is cut. During the month that mulch is applied, edging is performed as part of that activity. All metal edging shall be kept in good appearance, including tamping and realignment. B. Trimming around monuments, flag poles, walls, sign, etc., shall be done each time the grass is cut. Trimming height is the same height at which the grass is cut. C. Lawn areas containing naturalized plantings of flowering plants, such as daffodils, shall not be mowed until their foliage has turned yellowish-brown and died back to the ground. 7. SHEARING: Contractor shall provide shearing services. A. Ground Cover: Liriope may be sheared in early Spring if approved by COR prior to mulch being applied. Care shall be taken not to damage spring flowering bulbs. B. Herbaceous Perennials: Once dormant, herbaceous perennials shall be sheared in accordance with proper horticultural practice. Those varieties of perennials and ornamental grasses displaying interesting fall colors and texture shall not be sheared until early Spring, before spring bulbs appear. 8. TURF RENOVATION: If required, the turf shall be renovated between August 15th and September 15th as follows: A. Locate and mark all underground irrigation heads. B. Cut grass to a height of 1 to 1 ½ inches. C. Vertically mow (dethatch). D. Rake and remove all thatch and debris. E. Fertilize grass as defined under "Fertilization" (Section 4. FERTILIZING) F. Over-seed at the rate of 4 pounds of seed per 1000 square feet of area. Apply seed uniformly by means of power drill, or power disc seeder, or equivalent, so that the seed is planted and covered with approximately 1/8 to ¼ inch of soil. Seed shall be from the last available crop and will not be accepted with a test date of more than 9 months prior to the time of planting. The seed shall be a mixture consisting of no fewer than 3 varieties of tall fescue or approved tall fescue cultivars. It shall be certified, and approved by the COR prior to use. G. Immediately after seeding, the entire area shall be watered and then kept moist until even germination is achieved. All of the above activities are part of turf renovation and are not to be considered as separate line items. In addition, each building or building area, shall be completely renovated before starting work at a new location. 9. LEAF REMOVAL: Leaves shall be removed from all ornamental, flower, turf, fence, and non-planted areas. Leaves collected each day shall be removed from the work areas by the end of each work day. After the scheduled work begins, the leaf collection and disposals shall be continuous workday operations, weather permitting. Leaves shall be removed from a clearly defined area of a size that can be finished each workday. The Contractor shall make every effort to take advantage of natural and structural wind barriers to prevent the blowing of leaves from uncollected areas onto the areas previously cleared of leaves. During the months of October, November and December, the turf areas shall be free from leaves. The Contractor shall be required to perform partial leaf and plant debris removals in turf areas as necessary, due to isolated leaf drop, storm damage, or minor accumulations at no cost to the Government. In addition, throughout the year, the Contractor shall check all storm drain openings on the premises and remove any leaves or debris that have accumulated at no additional cost to the Government. The Contractor shall provide all management, tools, supplies, equipment, and labor necessary in a manner to ensure that debris removal and disposal is performed on all International Chancery Center common grounds. The contractor shall remove all debris from sidewalks, grounds, curbs, stairways, parks, and general common areas. Also, all trash receptacles located on common grounds should be emptied and liners inserted into the trash receptacles. It is the responsibility of the contractor to provide heavy duty liners for the trash receptacles as well as to dispose of the trash and debris collected. 10. TRASH REMOVAL: The Contractor shall provide all management, tools, supplies, equipment and labor necessary to ensure that debris removal and disposal is performed on all International Center common grounds. This includes the removal of all debris from sidewalks, grounds, curbs, stairways, parks and general common areas at a minimum of once a week. All trash receptacles located on the common grounds shall be emptied at least once a week and liners inserted. It is the responsibility of the contractor to furnish and provide heavy duty liners for the receptacles as well as dispose of the trash and debris collected. The COR may request trash/debris removal more than once each week. 11. STREET SWEEPING The contractor shall be required to sweep the streets and roadways (International Court, Place and Drive) at a minimum of once a month, preferably on Sundays. If for some reason, excess debris is collected on the streets and roadways, additional street sweeping may be required during a particular month. The Street sweeping operation shall include: A. Cleaning/sweeping of the streets using a mechanically operated broom. B. Removal all debris/trash/dirt from all curbs and driveways aprons. C. Disposal of all debris removed from curbs and driveway aprons. 12. IRRIGATION SPECIFICATIONS The contractor shall provide all management, tools, supplies, equipment, and labor necessary to repair and maintain existing systems as well as design, and install new irrigation systems at the International Chancery. Basis Services shall include: • Spring startup • Weekly monitoring of the scheduling of the controllers to endure the proper amount of water is being applied to ensure proper plant growth • Winterization • Repairs as required • Design of new zones or systems as required • Installation of new zones, systems, controllers, irrigation components as required Prices for repairs and new installations will be provided to the government via work orders which shall include the following: • Materials • Equipment • Labor for laborers, plumbers, certified irrigation technician All work performed on the irrigation systems must be under the direct supervision of a certified irrigation technician with at least 5 years of irrigation repair, maintenance, and installation experience. The certified irrigation technician must be full time employee of the contractor. The irrigation components should be TORO or equal and approved by the COR. New installations require an approved CAD design showing the placement of all lines, heads, etc. (all irrigation components) REIMBURSABLES - INDEFINITE QUANITY WORK ITEMS (ADDITIONAL SERVICES) LANDSCAPING SPECIFICATIONS: Additional Services: If required, the Contractor shall provide the following services, with prior approval through the COR. If other services are requested, then a work order/proposal must be furnished to the COR for approval on a time and material basis. A. FURNISHING TOPSOIL: Topsoil shall be fertile, friable, natural surface soil obtained from well drained areas, representative of productive soils in the vicinity, and suitable for growth of grass and other plants. It shall be free of subsoil material, sticks, stones, weeds, debris, and other materials harmful or toxic to growth.. Placement of topsoil shall meet existing grade, with allowance for sod on lawn areas. B. SODDING: All grass sod shall be certified mixture of 90% tall fescue or an approval tall fescue cultivar and 10% Kentucky blue grass. Sod shall be in a healthy, vigorous condition, well established, uniform in color and density, and free of pests. Sod shall be approved by the COR. The completed surface shall be uniform and conform to existing grade. If necessary the Contractor shall provide, install and remove protective fencing at no additional cost to the Government. C. SEEDING: Areas to be seeded shall be cleared of all debris and unwanted vegetation, and raked smooth. The seed mixture shall consist of no fewer than 3 varieties of tall fescue or approved tall fescue cultivars; shall be certified, and approved by the COR. D. MULCHING: Mulch shall be commercial grade composted, double shredded hardwood bark. It shall be free of sticks, stones, clods and other foreign material. All ornamentals, including borders and openings within ground cover beds shall be mulched, but only after fertilizer (if fertilizer is needed) has been applied. Mulch shall be applied evenly at a depth of 2 inches, except 1 inch maximum for herbaceous perennials, by March 15th. All trees with the exception of broad based, conical shaped, shall be mulched. Broad based conical shaped trees shall have a mulched area of at least 30 inches in diameter or extending at least 1 foot beyond the drip line of the bottom branches, whichever is larger. Under no circumstances shall mulch touch the trunk of any tree. Mulch should not be hilled up around trunks of trees. E. EXCAVATION: Excavation shall consist of the removal and disposal of hard and compacted materials, such as disintegrated rock, debris, etc. The contractor shall locate and mark all underground utilities in the area of work. F. PLANTING PREPARATION: New areas to be planted shall be eradicated and cleaned of all growth, rototilled to a depth of 6 inches, raked over, and brought up to grade. The Contractor may be required to amend the existing soil with peat moss, sand, and/or compost. (1) Peat Moss: Peat moss shall be a natural product of shredded sphagnum peat, horticultural grade, and shall be evenly spread over the planting area and tilled into the soil. (2) Sand: Sand shall be clean builder's sand, free of toxic materials, and shall be evenly spread over the planting area and tilled into the soil. (3) Compost: Compost shall have been produced from a maximum of high quality organic material (such as composted leaves) and wood chips that have been composted at a temperature in the pasteurization range and then screened so that the particle compost shall be evenly spread over the planting area and tilled into the soil. The Contractor is responsible to treat, turn compost at a frequency required to maintain its viability. G. PLANTING: Replace or restore damaged landscape material, landscape surfaces, or structures caused by normal operations and/or as a result of the Contractor's negligence, as acceptable to the Government or parties having jurisdiction, at no cost. Care shall be taken during handling, back-filling, tamping, and watering to avoid plant damage especially cracking or breaking of the root ball. (1) Upon the occurrence of death, irreparable damage or unsightly appearance of exiting trees, shrubs, hedges, plants and grasses, the Contractor shall prepare a written report indicating location and cost (including labor and material breakdown) for replacement. (2) Trees designated for removal by the COR shall be cut off approximately four (4) feet above the ground and the stump removed to a depth of 2 feet. Shrubs designated for removal by the COR shall be removed completely, and the area which contained the plant shall be prepared in accordance with appropriate section of these specifications at the direction of the COR. Holes not used for planting replacement shall be filled with topsoil. If other trees or shrubs are damaged during removal operations, they shall be repaired as specified by the COR or if considered to be damaged beyond repair, shall be removed and replaced at the contractor's expense. A. Replacement: Trees and/or shrubs designated by the COR for replacement shall be replaced by trees and shrubs of the same size, type and quality as designated by the landscape architect. All replacement items shall be guaranteed for one year from the date of replacement. B. Small plants such as flowers, bulbs, and ground cover shall be planted in holes large enough to allow for spreading of roots and at a depth recommended for each type of plant. Ground cover may be planted after mulch has been applied. C. All plants, as needed shall be pruned, sheared, wrapped, guyed, staked, and treated with antidesiccant if required, and all planting areas shall be edged, and mulched in accordance with Government standards. D. The Contractor shall be responsible for a period of one (1) year after the completion of work to maintain and guarantee all plants. Plants that are dead, unsightly or unhealthy shall be replaced immediately by the Contractor at no additional cost to the Government. E. All support stakes, support apparatus and wrapping shall be removed after one year from the date of installation. The Contractor shall be responsible for the unloading, placing, and if necessary, the sustaining of all plant material prior to planting, at no additional cost to the Government. H. TRANSPLANTING: Plants shall be dug with a firm ball, retaining as many fibrous roots as necessary to assure full recovery. Antidesiccant shall be applied to all plant material dug while in foliage. All plants shall be planted, maintained, and guaranteed as defined under "Section C. 16a. Planting". Disturbed areas from where plants were removed shall be backfilled with top soil, tamped, raked and shall be covered with either mulch or sod, as determined by the COR. The Contractor shall provide a cost proposal to the COR for planting of new ornamental trees, transplanting ornamentals and trees, which shall include the following: (1) Number of plants/trees and price per each (2) Labor hours and price per each (3) Equipment hours and price per each I. CLEANING OF SURFACE DRAINAGE SYSTEMS: The work includes the removal of accumulated leaves, silt and debris from concrete channels, gutters, outlets, catch basins and culvert inlets located within, or immediately adjacent to those areas. Concrete channels, gutters, drainage structures, catch basin grating covers and drain inlets and outlets shall be cleaned by the removal of all leaves, silt and debris. The Contractor shall not remove catch basin and manhole covers. All vegetation growing in the cracks and construction joints located within the limits of the channels shall be swept broom clean. Road gutter ends shall be cleaned of silt to insure adequate and efficient storm -water disposal and to prevent gutter flooding. This will require grading of the earth from the end of the gutter to the natural drainage area. J. FURNISHING GRAVEL: Gravel shall be 1 to 2 inch washed gravel, composed of hard, durable pieces of stone, thoroughly clean, and free from extraneous and/or deleterious matter. Gravel shall be installed by the Contractor, as requested by the COR. K. PLANT REMOVAL: The Contractor shall remove shrubs, and trees, including stumps, which shall be ground to a depth of two (2) feet, when marked for removal by the Government. Disturbed area where plants were removed, shall be back-filled with topsoil, tampered, raked and shall be covered with either mulch or sod, as determined by the COR, at no additional cost to the Government. II. SNOW/ICE REMOVAL SPECIFICATIONS The Contractor shall furnish all labor, supplies, materials, equipment, and supervision necessary to perform snow and ice removal services on all common areas at the International Chancery Center which consist of paved roadways, brick sidewalks, brick stair ways, flag stone stair cases, flag stone walk ways, and flag stone landings. A. Services: Snow and ice removal shall be performed as authorized by the COR or his/her on-site representative, who will notify the Contractor of when the snow event is to begin. B. The Contractor shall move chemicals and equipment on site and begin to work within (1) hour of notification. The Contractor must be willing to perform on a 24-hour basis, day or night, including weekends and holidays. C. The Contractor shall provide to the COR a list of telephone numbers (at the contract award and yearly thereafter) where either he or one of his authorized representatives may be reached 24 hours a day, including nights, weekends and holidays. D. All equipment shall be furnished and operated by a qualified, licensed operator. E. The Contractor shall keep the necessary equipment and manpower on site and continue with the performance of the work until it is completed to the satisfaction of the on-site representative. F. The chemical used on the brick and flagstone surfaces must be environmentally friendly and non-corrosive. No salt can be used on the roadways. G. Contractor personal with equipment shall report within one hour of notification. The Contractor shall inform the on-site Government representative when the contractor leaves the work site for any reason. The Contractor shall not be paid for travel to and from the site. H. General Instructions: Care shall be exercised so that parked vehicles are not blocked with snow by Contractor's activities. (1) Snow shall not be dumped on or near plant material or pushed into or on any public street. (2) The Contractor shall exercise care in plowing snow so that adjacent sidewalks are not covered with snow. (3) The Contractor shall report all accidents immediately to the COR or on site representative (4) The snow must be removed and hauled from the premises if snow accumulation exceed that which cannot be pushed off the road and parking areas without blocking traffic, driveway aprons, parking areas, sidewalks, stairways egress, ingress and damaging landscapes. I. Damage to Property and Persons: The Contractor shall be responsible for damage to vehicles, persons, concrete, asphalt, curbing signs, sidewalks, lawn areas, plant material, barriers, road surfaces, and sewer lids during performance of work. Damage shall be repaired no later than April 30th of the contract calendar year. Repairs shall be performed at no additional cost to the Government. J. Snow removal services will be priced by the inch of snow received as officially recorded by Reagan National Airport. Prices given for the snow removal should reflect the inches received and inches thereafter, with separate prices given for the chemical application applied to the surfaces. K. The brick sidewalks, brick stairs, flagstone sidewalks, and flagstone stairs and landings must be either hand shoveled or broom swept. L. The Contractor shall immediately remove ice accumulated on any surface to provide secure footing or safe driving conditions. M. The Contractor shall provide all equipment and chemicals needed to perform the snow/ice removal operations. N. The snow removal operation commences when the snow reaches one inch and continues until all snow is cleaned and removed from the width of the roadways, sidewalks, stairs, and all surfaces. O. Ice removal/treatment shall be applied as often as necessary to prevent icy or slippery conditions. P. Snow removal on Van Ness Street may be required if the District of Columbia does not remove it in a timely manner and if the snow impedes the access to the International Chancery Center. SPECIAL CONTRACT REQUIREMENTS: 1. The Government shall not be responsible in any manner for damages to the Contractor's equipment, employees or their personal belongings brought on to the premises. 2. Work shall not be considered complete until the Contractor has removed from the premises all trash, debris, litter, etc., which accumulated in the performance of this work. Containers for the handling of this material shall be furnished by the Contractor. To help reduce the amount of materials being deposited at landfills, the Contractor is required to compost all yard waste generated by the Contractors operations. This may be accomplished by utilizing an approved recycling/compositing facility or by composing the material at the Contractor's own facility. The resulting compost may be used to supplement planting where feasible on site including in the contract at the direction of the COTR. Records must be made available to the COR of all materials taken to the composting facilities. If the composting is done at the Contractor's facility, the facility must be open to the COR and COTR. 3. The Contractor shall restore any damage caused by his operations, including the replacement of any plant material damaged as a result of negligence, at no additional cost to the Government. 4. The Contractor shall furnish the Government with certification that all materials used in the fulfillment of this contract conform to federal specifications. 5. All employees shall be properly trained and competent in the work they are performing beginning the start date of this contract, or the first day the employee begins duty. 6. The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work, and shall hold the Government harmless for any action on its part of that of its employees that result in injury or death. 7. The Contractor shall maintain a complete list of all pesticides and fertilizers used on this contract, including each building, name of product, and amount used. This information will be supplied to the COR annually. REQUIREMENTS of CONTRACTOR: The contractor shall meet the following requirements: A. Contractor Employees: (1) Employees: One hundred (100) percent of all work shall be performed with the contractor's own employees and the employees must be certified as required. (2) Supervision: The Contractor must have a designated supervisor available on site at all times when the contract work is in progress to provide satisfactory supervision of the contract work and to receive notices, reports or requests from the Government. Direction or supervision of the Contractor's employees, directly or indirectly, by the Government will not be exercised. (3) The contractor shall have, at a minimum five (5) laborers who are full time employees of the contractor. (4) All work shall be performed by employees properly trained and competent in the work they are performing. B. Uniform Requirements: All employees shall wear distinctive uniform clothing for ready identification. The uniform shall have the contractor's name easily identifiable. C. Supervision: The individual providing on site supervision shall be trained and experienced in horticultural practices and techniques. The supervisor must be currently trained in the green industry field. D. Equipment: Adequate equipment shall be provided or shall be made available to permit the timely completion of all tasks as required by the Performance Work Statement. The contractor's equipment shall be of such type as to accurately and effectively perform the task(s) intended. (1) At all times, at least (1) vehicle must be in the vicinity of where work is being performed and shall have the appropriate equipment on board. (2) A list of proposed equipment to be used must be provided with the submission of the Contractor's Proposal. E. Contractor Quality Control Plan: All work performed under this contract shall be of the highest quality, consistent with the best industry standards to assure timely and adequate provision of services. The contractor shall submit with the Proposal a complete Quality Control Plan to assure the requirements of the contract are provided as specified. The Quality Control Plan shall include but not be limited to: (1) A description of the records which the contractor intends to generate and file, indicating the inspections conducted by the contractor and necessary corrective action taken (as appropriate). The Government may request to see copies of this paperwork. (2) The contractor shall implement the approved plans and pursue it diligently for the duration of the contract. F. Contractor Management Plan: The contractor shall submit a management plan with the proposal which reflects an understanding of all tasks specified in the Performance Work Standard and describe an approach to satisfy these requirements. At a minimum, the plan shall include management of all resources (i.e. a staffing plan), details of how the contractor will manage the work to ensure all work is being performed to the standards as set forth by the (PWS), and management control used by the contractor to ensure the quality of work. G. Key Contractor Personnel: The contractor shall identify and provide the Government with a list of names and telephone numbers of its key personnel who shall be on site and responsible to fulfill the requirements of the contract. The key personnel shall include: Project Manager, Site Supervisors, and Quality Control Inspector. (1) Project manager: The Project Manager must be a Horticulturist with at least 2 years Green Industry experience including maintenance and landscaping. The Project Manager must have 5 years experience with hardscape construction, repair, and irrigation. The Project Manager must also have at least 2 years of snow removal experience. (2) Site Supervisor: The Site Supervisor must have at least 2 years Green Industry experience including maintenance, landscaping, hardscape construction and repair, and irrigation. The site supervisors must also have at least 2 years of snow removal experience. (3) Quality Control Inspector: The Quality Control Inspector must have at least 2 years Green Industry and Snow removal experience and be trained in areas of Project Management and Total Quality Management. (4) Irrigation Technicians: The contractor must employ as full time employees personnel with at least 2 years of irrigation installation, design, and maintenance experience. (5) Snow Removal Personnel: The contractor must employee as full time employees, personnel with at least 2 years of snow removal/plowing experience. H. Contractor Certifications: The contractor must provide certification for the following with the submittal of the RFP. (1) Certified Horticulturist. The individual (s) involved in the management, coordination and oversight of the maintenance and landscaping activities must at a minimum have a bachelor's degree in Horticulture or professional certification as a Certified Horticulturist and abides by the standards established by the American Association of Nurserymen. This individual(s) must be a full time employee of the contractor. Individuals who are independent consultants retained by the contractor do not meet the definition of full time employee. (2) Certified Arborist. The individual(s) involved in the pruning of plant material must be a Certified Arborist, abiding by the standards established by the National Arborist Association. This individual(s) must be a full time employee of the contractor. Individuals who are independent consultants retained by the contractor do not meet the definition of full time employee. (3) Certified Commercial Pesticide and Herbicide Applicator. The individual(s) performing on site pest, including weed and disease control services are to be Certified Pesticide Applicators in the categories of Exterior Ornamentals and Turf. Uncertified Applicators will not be permitted to provide service under the contract. This individual(s) must be a full time employee of the contractor. Individuals who are independent consultants retained by the contractor do not meet the definition of full time employee. (4) Certified Landscape Technician: Individual(s) performing the supervision of grounds maintenance and landscape services must be a Certified landscape Technician. This individual(s) must be a full time employee of the contractor. Individuals who are independent consultants retained by the contractor do not meet the definition of full time employee. I. Company certifications. The contractor must be a member in good standing with at least 2 nationally recognized green industry organizations. J. Main Office Location: The main office location of the contractor should be within a 75 mile radius of Washington DC. K. Monthly Meetings. The contractor may be required to meet with the COR at a minimum, once a month during the growing season at the site for visual site inspections. CONTRACT ADMINISTRATION DATA In no event shall any understanding or agreement, contract modification, change order, or other matter in deviation from the terms of this contract between the Contractor and a person other than a Contracting Officer (CO) be effective or binding upon the Government. The CO 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 with the CO. In the event the Contractor makes any changes at the discretion of any person other than the CO, the change will be considered to have been made without the authority and no adjustment will be made in the contract price to cover any increase in the costs incurred as a result thereof. Contracting Officer: Ms. Rosalind M. Hicks Telephone # 703-875-7264 hicksrm2@state.gov Contract Administrator: Rosalind Hicks U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219 Telephone#: 703-875-7264 Fax #: 703-875-6006 Contracting Officers Representative (Government): Identified at Time of Award Technical Direction (a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the Contracting Officer's Representative of this contract. As used herein, technical instructions are defined to include the following: (1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor's accomplishment of the Statement of Work. (2) Guidance to the Contractor which assists in the interpretation of drawings, specifications or technical portions of work description. (b) Technical instructions must be within the general scope of work stated in the contract. Technical instructions may not be used to: (1) assign additional work under the contract; (2) direct a change as defined in the "Changes" clause of this contract; (3) increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or (4) change any of the terms, conditions or specifications of the contract. (c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contracting Officer that the technical instruction is within the scope of this contract notifies the Contractor. (d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement, which is not affected by the disputed technical instruction. PERIOD OF PERFORMANCE: The term of this contract shall be for a base year and four (4) one-year options BASE YEAR: (DATES TO BE INSERTED AT TIME OF AWARD) OPTION YEAR 1: OPTION YEAR 2: OPTION YEAR 3: OPTION YEAR 4: PLACE OF PERFORMANCE The Principal place of performance for this contract shall be: International Chancery Center; Diplomatic Enclave located between Connecticut Avenue and Reno Road on the North and South sides of Van Ness Street, NW, Washington, DC TIME OF PERFORMANCE The Contractor shall perform between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, excluding Government holidays. INSPECTION AND ACCEPTANCE The Contracting Officer's Representative (COR) shall make inspection and acceptance of the services to be provided hereunder. Within 60 days prior to exercising the next Option year, the COR shall complete an evaluation of the Contractor. ADDENDUM: FAR 52.212-4(g) - INSTRUCTIONS FOR INVOICE PAYMENT Invoice submission is only via the Office of Claims' Commercial Claims Operations fax server, toll-free number: 866-483-3436, unless otherwise indicated. Each invoice must be transmitted separately. To constitute a proper invoice, the invoice must include the following information and/or attached Documentation: (1) Name and Address of the Contractor (2) Dun and Brad Street Universal Number System (DUNS) (3) Date of invoice (4) Unique Vendor Invoice Number (5) Remittance Contact Information (6) Shipping Terms, Ship to Address (7) Payment Terms (8) Total Quantity of Items (9) Total Invoice Amount (10) Requisition Number, Contract Number and Order/Award Number, with modification number if Applicable. (11) Order line item number and information (see below instructions) The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment. IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must contain the following information: (1) Description of the services rendered for each line item (2) Line Item Quantity (3) Line Item Unit Price (4) Total Line Item Invoicing Amount (5) Delivery Date (6) Contract Line Item Number (CLIN) (7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA) Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Contract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases. All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are registered in the Central Contractor Registration(CCR) should verify and re-confirm their financial information in the database prior to invoicing. Vendors who wish to request a waiver of CCR or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award. Additional correspondence should be addressed to: U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center Mailing Address: Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers: Director's Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am - 5:00 pm To request Payment Status on a Past Due Invoice contact: Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov Phone: 843-202-3881 52-252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.arnet.gov/far www.statebuy.gov/home.htm 52.212-1- INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (FEB 2012) 52-212-4- CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2012) 52.224-1- PRIVACY ACT NOTIFICATION (APRIL 1984) 52.228-5- INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN1997) THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT 52.212- 5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2012) (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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (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) (Pub. L. 108-77, 108-78). (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.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (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 (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). X (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). _ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] _ (12)(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). __ (13)(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_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __(17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). _X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). _ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Mar 2012) (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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Mar 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (MAR 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_(42) 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). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(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.] X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 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 30 days. 52.217-9 OPTION TO EXTEND THE TERMS OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months. 52.222.42 -STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, 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: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ 652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE PROCEDURES (AUG 2007) (a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor's employees will require frequent and continuing access to DOS facilities, or information systems. (a) The DOS Personal Identification Card Issuance Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm 652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR 2004) (a) The Department of State observes the following days as holidays: New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order, or Presidential Proclamation. (b) When any such day falls on a Saturday or Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractors personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract. (c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the contracting officer or his/her duly authorized representative. (d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows: (1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month. (2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided. (e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any "Excusable Delays" clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractor's accounting policy. ATTACHMENTS ATTACHMENT 1 - AMERICAN NATIONAL STANDARDS (ANSI) A300 (Part 1) - 2001 PRUNING) ATTACHMENT 2 - DOL WAGE DETERMINATION ATTACHMENT 3- CONTRACTOR PAST PERFORMANCE EVALUATION- ATTACHMENT 4 - SUBCONTRACTING WORKSHEET - INCLUDED IN THE PRICE PROPOSAL AND DUE AT PROPOSAL SUBMISSION ATTACHMENT 5 - ACH VENDOR ENROLLMENT PAYMENT FORM - INCLUDED IN THE PRICE PROPOSAL AND DUE AT PROPOSAL SUBMISSION 52.212-3 Offeror Representations and Certifications-Commercial Items (Apr 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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. "Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 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. "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 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 Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations 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 (o) 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 ORCA.] (c) Offerors must complete the following representations when the resulting contract will 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 o is, o 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 o is, o 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 o is, o 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, for general statistical purposes, that it o is, o 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 o is, o is not a women-owned small business concern. (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 o is,o 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 o is, o 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 o is, o 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 o is, o 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. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (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 o 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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) 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 o is, o 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 o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(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 o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o 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 o 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o 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) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (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 o does o 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 o does o 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 Act 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 a central contractor registration 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). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o 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; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o 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) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (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) Sanctioned activities 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 Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and (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. (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. (End of provision) Alternate I (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. Alternate II (Jan 2012). As prescribed in 12.301(b)(2), add the following paragraph (c)(10)(iii) to the basic provision: (iii) Address. The offeror represents that its address o is, o is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.acquisition.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on the Small Business Administration's register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B. For joint ventures, "address" refers to the address of the small disadvantaged business concern that is participating in the joint venture. ADDENDUM 52.212-1- INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (FEB 2012) SITE VISIT INFORMATION: The Contracting Officer's Representative (COR) will conduct a tour of DOS Annexes for all prospective offerors for reference solicitation. The SITE VISIT will be held for the purpose of providing information concerning the Government's requirements which may be helpful in the preparation of proposals and for gathering any questions regarding this solicitation. Attendance at the SITE VISIT is recommended; however, attendance is not a prerequisite for proposal submission and will not be considered a factor in proposal evaluation. Each prospective offeror will be limited to a total of three (3) representatives. Prospective offerors must register with the Contracting Officer via e-mail at HICKSRM2@STATE.GOV by noon, EST, Thursday, May 3, 2012, if they plan to attend. The notice shall specify the names of the attendees, Social Security Number, Date of Birth and Company Name. NOTE: All prospective Offerors should bring a photo ID card; only registered offerors will be permitted in DOS Secured Facilities. The Department will not provide transportation to or from the site locations. SITE VISIT SCHEDULE: SA-33 - International Chancery Center Date: Tuesday, May 8, 2012 Federal Building Place: Front Desk 3507 International Place NW Time: 10:00 AM (EST) Washington, DC 20008 Upon completion of the Site Visit, you are requested to e- mail written questions concerning any areas of uncertainty which, in your opinion, require clarification or correction, by 2:00 pm EST, Thursday, May 10, 2012. Questions should be submitted via email to hicksrm2@state.gov. The subject should be marked Site Visit, RFP No. SAQMMA11R0148. A set of questions and answers will be furnished to all prospective offerors whether or not they are in attendance. PROPOSAL PREPARATION INSTRUCTIONS TO BE ELIGIBLE FOR AWARD, PROPOSALS MUST BE RECEIVED BY NOON, EST ON FRIDAY, MAY 18, 2012 Offerors must submit three (3) paper copies of their proposal by either U. S. Postal Service or hand delivery/courier service (i.e., FedEx, UPS, DHL, etc), to: For U. S. Postal Service submissions: U. S. Department of State A/LM/AQM/WWD P. O. Box 9115, Rosslyn Station Arlington, VA 222109 Attn: Rosalind Hicks For hand delivery/courier service submissions: U. S. Department of State A/LM/AQM/WWD 1701 North Fort Myer Drive, Suite 200 Arlington, VA 22209 Attn: Rosalind Hicks Proposals submitted via fax or e-mail will not be considered. Rosalind Hicks will be the only Department of State point of contact for this acquisition. No other Department personnel may be contacted regarding this procurement. Questions INVOLVING THE SOLICITATION should be submitted via email to hicksrm2@state.gov NO LATER THAN 2:00 pm EST, Thursday, May 10, 2012. The subject should be marked SOLICITATION QUESTIONS, RFP No. SAQMMA11R0148. A set of questions and answers will be furnished to all prospective offerors whether or not they are in attendance. The Offeror shall follow the format and instructions below in preparing its proposal. To facilitate proposal evaluation, the offeror shall submit three (3) copies of their Technical Proposal as Volume I and three (3) copies of the Price Proposal as Volume II. These volumes must be clearly marked as "Technical Proposal" (Volume I) and "Price Proposal" (Volume II), as follows: Volume I - TECHNICAL PROPOSAL - THREE (3) Copies To be considered for award, the offeror's proposal must provide sufficiently detailed information to enable evaluation by the DOS Evaluation Team The overall contents of the Technical Proposal (Volume I) shall be submitted in the following stated distinct tabs. FACTOR 1 - TECHNICAL APPROACH This factor measures the qualification and experience of the proposed contractors to identify and understands the horticultural needs of the International Chancery Center. The technical proposal must be sufficiently detailed to enable technically-oriented personnel to (1) make a thorough evaluation of the solution/approach, (2) arrive at a sound determination as to whether the proposed solution/approach achieves the objectives and (3) determine if the proposed solution is sound and practical. SUBFACTORS: A. Performance Work Statement - The contractor shall provide a step-by-step solution/approach to enable the Government to evaluate the degree to which the Offeror's technical proposal addresses the objectives of the program and is logical, valid, feasible and executable. The Plan shall include a comprehensive performance statement of work and contract work breakdown structure,, that identifies the services to be delivered to meet program and mission requirements set forth in the Statement of Objectives. B. Ground Maintenance Plan - The maintenance plan is to reflect the location and proposed dates for accomplishing the requirements of this contract. The Plan will be developed to fit the requirements of local conditions, types of vegetation and climatic factors. C. Quality Control Plan - The offeror shall submit a preliminary Quality Control Plan which demonstrates a clear and distinct understanding and appreciation of the need for quality control, and its direct relationship to, and effect upon, all requirements covered within this Solicitation. D. Snow Removal Plan - A Snow Removal Plan, specifically geared towards The removal of Snow at the International Chancery Compound. This factor will evaluate the effectiveness, efficiency and soundness of the offeror's snow removal plan in terms of proposed methods, personnel and equipment. E. Transition (Phase In and Out) Plan - Transition (Phase In/Out Plan) The Offeror shall submit a phase-in/ phase-out plan detailing the actions that will be taken to interface if there is a successor Contractor to ensure the continuation and continuity of all services without any interruption in the event the offeror is as not awarded a follow on contract. FACTOR 2: MANAGEMENT STRUCTURE The Management Structure will be evaluated for evidence of the functions, responsibilities, qualifications, and authorities of the offeror's management and supervisory personnel, and how these positions relate to and impact the day-to-day performance of the services required. The offeror shall provide a complete, clear, and concise organizational chart, which delineates the role and responsibility of corporate management, as it pertains to the successful performance of the resulting contract. The proposal shall describe the extent to which the project manager shall have the authority to act on the company's behalf. SUBFACTOR: A: Key Personnel: The offeror shall submit resumes for all key personnel, to include Project Manager and On-Site Supervisory employees, who are highly qualified and experienced with a proven track record of success in accordance with stated requirements. Appropriate personal certification(s) may be an indicator of qualification and experience. If the proposed key personnel are not an employee of the Offeror, at the time of proposal submission, the resume shall be accompanied by a signed letter of commitment. The letter of commitment must be signed by the individual and shall certify that the individual will serve as key personnel under any contract resulting from this solicitation. FACTOR 3 Comparable Experience The offeror shall submit all pertinent information with a minimum of TWO (2) contracts they performed AND/OR are currently performing (within the last five years, for which they acquired experience and knowledge comparable to that required by this solicitation. For each of the Contracts, the offeror shall provide the following information. * If the offeror has no experience for any item listed under 7, 8, or 9 (below), offeror or joint venture must indicate "no experience" for said item. 1. Customer's Name 2. Customer's Address 3. Name of the Contracting Official and their telephone number 4. Period of Performance 5. # of Facilities and their function, ie office, warehouse, etc 6. Square footage of each facility 7. Type and size of equipment used to maintain exterior grounds. 8. Square footage of grounds involving snow removal, and types of snow removal equipment. FACTOR 4. Past Performance The offeror will be evaluated on their performance, and that of significant subcontractors or affiliates, if any, under existing or prior contracts for services. As a minimum, five (5) past and/or current Contracts shall be submitted. In particular, information on the following areas of contract performance will be evaluated: 1) Qualifications and experience of their staff 2) Cost/budget control and change orders 3) Timeliness and responsiveness 4) General business conduct and business-like concern for the customer. The offeror will be evaluated on performance under existing and prior contracts for similar services. Prior experience beyond five (5) years will not be considered. For each contract, the offeror shall provide the customer's name, address, name of the contracting official and his/her telephone number. The offeror shall state what the period of performance of the contract was/is. The contractor evaluation form, included as, ATTACHMENT 3 will be used to collect information as to the quality of past performance of the offeror, including subcontractors providing significant services and /or affiliates. The offeror shall select three (3) of its customers, for which it has performed within the past five (5) years, and forward copies of the contractor evaluation form to those agencies and or/firms for completion and submission directly to the Contracting Officer. The forms should be returned to the Contracting Officer no later than the closing date of the solicitation Volume II - PRICE PROPOSAL - THREE (3) Copies The overall contents of the Price Proposal (Volume II) shall include the list of CLIN Items, shown in the Pricing Section of the Solicitation, and their proposed dollar amounts. The price proposal shall also break out those costs, specifically reflecting a break out of all costs incurred. The Offeror shall insert prices for all line items in Pricing for the base year and for each option year. FACTOR 5 PRICE The Government Evaluation Team may use all methods available to evaluate prices proposed including, but not limited to, an analysis based on the following: Reasonableness: Reasonableness will be established by the existence of adequate price competition and by comparing all, or a representative sample of the proposed prices/costs to representative industry average rates and/or rates from other contracts for similar work, etc. Realism: A realism assessment will be accomplished by technical review and evaluation of the skill mix, specific hours, and material kinds and quantity in each contractor's proposed price proposal. The intent of the evaluation is to determine whether the estimated proposed price/cost elements are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the approach described in the contractor's technical proposal. Price Risk: The Government will evaluate the risk associated with pricing schemes given the proposed pricing schemes, terms and conditions. Unrealistically low proposed prices, whether submitted initially or subsequently, may be grounds for eliminating a proposal from competition on the basis that the Offeror does not understand the requirements. Price proposals will be evaluated in order to determine that the price is fair and reasonable. 52.212-2 Evaluation-Commercial Items (Jan 1999) (a) The Government contemplates awarding one (1) IDIQ contract under this solicitation to the responsive and responsible offeror whose offer conforms to the requirements of the Statement of Objective and whose offer is considered to be Lowest Price Technically Acceptable Offeror. The Government will evaluate proposals based upon technical factors and significant sub-factors described below Factor 1. Technical Approach - Subfactors: (a) Performance Work Statement (b) Ground Maintenance Plan (c) Quality Assurance Surveillance Plan (d) Snow Removal Plan (e) Transition (Phase In and Out) Plan Factor 2. Management Structure Subfactors: (a) Key Personnel Factor 3. Comparable Experience Factor 4. Past Performance Factor 5 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 may conduct a price realism evaluation in order to determine if the overall price proposed is: (1) Realistic for the work to be performed; (2) Reflects a clear understanding of the requirements; and (3) Are consistent with the various elements of the Offeror's technical proposal. Note: Award of this contract may be made based on the initial quotation/proposal and without holding discussions. However, the Government reserves the right to hold discussions if it is determined to be in the best interest of the Government. Offeror's are cautioned to submit their proposal on the most favorable basis, since the Government reserves the right to make an award without further negotiations or discussions. RATING METHODOLOGY The Government Evaluation Team members will independently rate the strengths and weaknesses of each Offeror's technical proposal information. Each of the developed evaluation factors will be adjectivally rated as Acceptable, or Unacceptable. Only the Past Performance factor may be rated as neutral A rating of unacceptable on any one factor or subfactor will result in an Offeror's proposal not being considered for award. The following definitions will be used for the rating categories: ACCEPTABLE - Satisfies evaluation criteria. Good probability of success; weakness can be readily corrected. UNACCEPTABLE - Substantially deficient in addressing the mandatory requirements, i.e., fails to minimally satisfy the evaluation criteria, significant deficiencies, not correctable without a major revision to the proposal. NEUTRAL - This rating shall only be applied to the PAST PERFORMANCE factor. A neutral rating is neither favorable nor unfavorable. Assigned ratings will reflect the consensus developed by the evaluation team's assessment of the technical proposal for accomplishing the Government's objectives. Price proposals will be evaluated in order to determine that the price is fair and reasonable
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/State/A-LM-AQM/A-LM-AQM/SAQMMA11R0148/listing.html)
Place of Performance: Address: International Chancery Center, between Connecticut Avenue and Van Ness Sts, NW, Washington, District of Columbia, 20008, United States; Zip Code: 20008
Record: SN02729047-W 20120425/120423235535-0bf67d2543426dbf39f2df60c1c314da (fbodaily.com)
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