PRESOL | P | Scrap Metal Recycle | 03-Jun-12

FBO DAILY ISSUE OF JUNE 03, 2012 FBO #3844
SOLICITATION NOTICE

P -- Scrap Metal Recycle

Notice Date: 6/1/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 423930 — Recyclable Material Merchant Wholesalers
Contracting Office: Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division, 100 Bureau Drive, Building 301, Room B129, Mail Stop 1640, Gaithersburg, Maryland, 20899-1640
ZIP Code: 20899-1640
Solicitation Number: SB1341-12-RQ-0332
Archive Date: 6/26/2012
Point of Contact: Frank G. Pasqualino, Phone: 3019755935, Michael Szwed,
E-Mail Address: frank.pasqualino@nist.gov, michael.szwed@nist.gov
(frank.pasqualino@nist.gov, michael.szwed@nist.gov)
Small Business Set-Aside: Total Small Business
Description: THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-59. This is a 100% Small Business Set-Aside. The associated North American Industrial Classification System (NAICS) code for this procurement is 423930 with a small business size standard of 100 employees. Offerors must submit all questions concerning this solicitation in writing to frank.pasqualino@nist.gov Questions should be received no later than 6 calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. All responsible offerors shall provide a quotation for the following line items: UNIT OF ISSUE UNIT PRICE LINE ITEM 0001 (BASE): 6/15/12 - 6/14/13 Hauling Rate Per Haul Statement of Work for Scrap Metal Services Background: The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year. The NIST requires services to recycle the scrap metals produced. Specific Requirements: The contractor shall recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The kinds of scrap metal are: scrap aluminum; stainless steel; light iron; tin. The contractor shall deliver 40 yard recycle containers, galore boxes, or hoppers to different locations within NIST. The main locations are near buildings 301 and 309 on the main campus and at the NIST annex (Nike site) located off of Muddy Branch Road. When contacted by an authorized NIST representative the contactor shall pick up the full container and deliver an empty container. The contractor shall be responsible for maintaining accurate weight records by type of scrap, the contractor shall provide a copies of the weight records to the NIST contracting officer's representative (COR). The contractor shall: 1. Within 48 hours of notification by an authorized NIST representative, the contractor shall perform the exchange of the full container with an empty container of like size. 2. Recycle the scrap metal from the NIST locations near 309 parking areas, building 301 and at the NIST annex (Nike site) located off of Muddy Branch road. There shall be no cost to the government for delivering or pick up of the recyclable containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals the negotiated rate shall be by pound for each separate kind. 3. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed to: NIST, Administrative Services Division, Excess Recyclables Program, 100 Bureau Drive, MS 1920, Gaithersburg, MD 20899, Attn: Krista Faecke Invoicing and Due Dates The Contractor shall provide copies of the of all container exchanges including the weight and the type of metal recycled on a weekly and monthly basis as well as an annual consolidated report including the date, the weight, the type of metal recycled and the prices. Standards for invoicing acceptance: The Contracting Officer's Representative (COR) will provide comments on each invoice received within 5 calendars days from receipt of a given invoice. The invoice shall include total weights for the type of metal recycled the price. If any trash is found comingled with the recyclables it will be deducted from the total weight and a handling fee should be charged. The contractor shall make any needed changes within 3 calendar days from receipt of electronic or written comments from the COR. Period and Place of Performance: The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. New price rates shall be negotiated every option year. Performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus, with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM. Container Exchanges: The contractor will deliver or pickup containers during times the NIST campus is open. The contractor shall not deliver or pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also there shall be no deliveries or pick-ups on legal federal holidays: • New Year's Day, January 1st • Martin Luther King's Birthday, 3rd Monday in January • President's Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4th • Labor Day, 1st Monday in September • Columbus Day, 2nd Monday in October • Veteran's Day, November 11th • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25th GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government. The Government does not anticipate providing any property during the performance of this requirement. RISK ASSESSMENT The HSPD-12 Security Risk Level assigned to this contract is low risk. DELIVERABLES AND PAYMENT SCHEDULE The Contractor may invoice the Government upon receipt from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date. CONTRACTOR'S MINIMUM QUALIFICATIONS The Contractor shall have at least three (3) years of experience in recycling scrap metal. GENERAL INFORMATION This work does not involve confidential or proprietary data. The certification and accreditation requirements of Clause 1352.239-73 do not apply and a security accreditation package is not required. The following Personnel are authorized to place call to the Contractor for dumpster exchange: Brett Whithworth Timothy Orr Bruce Connelly Patrick Murphy Angel Roman Misconduct or Disruption of Services: At any time during the performance period of this contract, the Contracting Officer, Technical Information Contact (TIC) or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee's actions or impaired state to be a disruption to the workforce. Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response to the media or the public without the knowledge and approval of the NIST Director. _______ LINE ITEM 0002 (BASE): 6/15/12 - 6/14/13 Price for scrap Per lb. Statement of Work for Scrap Metal Services Background: The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year. The NIST requires services to recycle the scrap metals produced. Specific Requirements: The contractor shall recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The kinds of scrap metal are: scrap aluminum; stainless steel; light iron; tin. The contractor shall deliver 40 yard recycle containers, galore boxes, or hoppers to different locations within NIST. The main locations are near buildings 301 and 309 on the main campus and at the NIST annex (Nike site) located off of Muddy Branch Road. When contacted by an authorized NIST representative the contactor shall pick up the full container and deliver an empty container. The contractor shall be responsible for maintaining accurate weight records by type of scrap, the contractor shall provide a copies of the weight records to the NIST contracting officer's representative (COR). The contractor shall: 1. Within 48 hours of notification by an authorized NIST representative, the contractor shall perform the exchange of the full container with an empty container of like size. 2. Recycle the scrap metal from the NIST locations near 309 parking areas, building 301 and at the NIST annex (Nike site) located off of Muddy Branch road. There shall be no cost to the government for delivering or pick up of the recyclable containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals the negotiated rate shall be by pound for each separate kind. 3. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed to: NIST, Administrative Services Division, Excess Recyclables Program, 100 Bureau Drive, MS 1920, Gaithersburg, MD 20899, Attn: Krista Faecke Invoicing and Due Dates The Contractor shall provide copies of the of all container exchanges including the weight and the type of metal recycled on a weekly and monthly basis as well as an annual consolidated report including the date, the weight, the type of metal recycled and the prices. Standards for invoicing acceptance: The Contracting Officer's Representative (COR) will provide comments on each invoice received within 5 calendars days from receipt of a given invoice. The invoice shall include total weights for the type of metal recycled the price. If any trash is found comingled with the recyclables it will be deducted from the total weight and a handling fee should be charged. The contractor shall make any needed changes within 3 calendar days from receipt of electronic or written comments from the COR. Period and Place of Performance: The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. New price rates shall be negotiated every option year. Performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus, with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM. Container Exchanges: The contractor will deliver or pickup containers during times the NIST campus is open. The contractor shall not deliver or pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also there shall be no deliveries or pick-ups on legal federal holidays: • New Year's Day, January 1st • Martin Luther King's Birthday, 3rd Monday in January • President's Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4th • Labor Day, 1st Monday in September • Columbus Day, 2nd Monday in October • Veteran's Day, November 11th • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25th GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government. The Government does not anticipate providing any property during the performance of this requirement. RISK ASSESSMENT The HSPD-12 Security Risk Level assigned to this contract is low risk. DELIVERABLES AND PAYMENT SCHEDULE The Contractor may invoice the Government upon receipt from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date. CONTRACTOR'S MINIMUM QUALIFICATIONS The Contractor shall have at least three (3) years of experience in recycling scrap metal. GENERAL INFORMATION This work does not involve confidential or proprietary data. The certification and accreditation requirements of Clause 1352.239-73 do not apply and a security accreditation package is not required. The following Personnel are authorized to place call to the Contractor for dumpster exchange: Brett Whithworth Timothy Orr Bruce Connelly Patrick Murphy Angel Roman Misconduct or Disruption of Services: At any time during the performance period of this contract, the Contracting Officer, Technical Information Contact (TIC) or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee's actions or impaired state to be a disruption to the workforce. Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response to the media or the public without the knowledge and approval of the NIST Director. _______ LINE ITEM 0003 (Opt. One): 6/15/13 - 6/14/14 Hauling Rate Per Haul Statement of Work for Scrap Metal Services Background: The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year. The NIST requires services to recycle the scrap metals produced. Specific Requirements: The contractor shall recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The kinds of scrap metal are: scrap aluminum; stainless steel; light iron; tin. The contractor shall deliver 40 yard recycle containers, galore boxes, or hoppers to different locations within NIST. The main locations are near buildings 301 and 309 on the main campus and at the NIST annex (Nike site) located off of Muddy Branch Road. When contacted by an authorized NIST representative the contactor shall pick up the full container and deliver an empty container. The contractor shall be responsible for maintaining accurate weight records by type of scrap, the contractor shall provide a copies of the weight records to the NIST contracting officer's representative (COR). The contractor shall: 1. Within 48 hours of notification by an authorized NIST representative, the contractor shall perform the exchange of the full container with an empty container of like size. 2. Recycle the scrap metal from the NIST locations near 309 parking areas, building 301 and at the NIST annex (Nike site) located off of Muddy Branch road. There shall be no cost to the government for delivering or pick up of the recyclable containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals the negotiated rate shall be by pound for each separate kind. 3. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed to: NIST, Administrative Services Division, Excess Recyclables Program, 100 Bureau Drive, MS 1920, Gaithersburg, MD 20899, Attn: Krista Faecke Invoicing and Due Dates The Contractor shall provide copies of the of all container exchanges including the weight and the type of metal recycled on a weekly and monthly basis as well as an annual consolidated report including the date, the weight, the type of metal recycled and the prices. Standards for invoicing acceptance: The Contracting Officer's Representative (COR) will provide comments on each invoice received within 5 calendars days from receipt of a given invoice. The invoice shall include total weights for the type of metal recycled the price. If any trash is found comingled with the recyclables it will be deducted from the total weight and a handling fee should be charged. The contractor shall make any needed changes within 3 calendar days from receipt of electronic or written comments from the COR. Period and Place of Performance: The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. New price rates shall be negotiated every option year. Performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus, with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM. Container Exchanges: The contractor will deliver or pickup containers during times the NIST campus is open. The contractor shall not deliver or pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also there shall be no deliveries or pick-ups on legal federal holidays: • New Year's Day, January 1st • Martin Luther King's Birthday, 3rd Monday in January • President's Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4th • Labor Day, 1st Monday in September • Columbus Day, 2nd Monday in October • Veteran's Day, November 11th • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25th GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government. The Government does not anticipate providing any property during the performance of this requirement. RISK ASSESSMENT The HSPD-12 Security Risk Level assigned to this contract is low risk. DELIVERABLES AND PAYMENT SCHEDULE The Contractor may invoice the Government upon receipt from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date. CONTRACTOR'S MINIMUM QUALIFICATIONS The Contractor shall have at least three (3) years of experience in recycling scrap metal. GENERAL INFORMATION This work does not involve confidential or proprietary data. The certification and accreditation requirements of Clause 1352.239-73 do not apply and a security accreditation package is not required. The following Personnel are authorized to place call to the Contractor for dumpster exchange: Brett Whithworth Timothy Orr Bruce Connelly Patrick Murphy Angel Roman Misconduct or Disruption of Services: At any time during the performance period of this contract, the Contracting Officer, Technical Information Contact (TIC) or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee's actions or impaired state to be a disruption to the workforce. Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response to the media or the public without the knowledge and approval of the NIST Director. _______ LINE ITEM 0004 (Opt. One): 6/15/13 - 6/14/14 Price for scrap Per lb. Statement of Work for Scrap Metal Services Background: The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year. The NIST requires services to recycle the scrap metals produced. Specific Requirements: The contractor shall recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The kinds of scrap metal are: scrap aluminum; stainless steel; light iron; tin. The contractor shall deliver 40 yard recycle containers, galore boxes, or hoppers to different locations within NIST. The main locations are near buildings 301 and 309 on the main campus and at the NIST annex (Nike site) located off of Muddy Branch Road. When contacted by an authorized NIST representative the contactor shall pick up the full container and deliver an empty container. The contractor shall be responsible for maintaining accurate weight records by type of scrap, the contractor shall provide a copies of the weight records to the NIST contracting officer's representative (COR). The contractor shall: 1. Within 48 hours of notification by an authorized NIST representative, the contractor shall perform the exchange of the full container with an empty container of like size. 2. Recycle the scrap metal from the NIST locations near 309 parking areas, building 301 and at the NIST annex (Nike site) located off of Muddy Branch road. There shall be no cost to the government for delivering or pick up of the recyclable containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals the negotiated rate shall be by pound for each separate kind. 3. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed to: NIST, Administrative Services Division, Excess Recyclables Program, 100 Bureau Drive, MS 1920, Gaithersburg, MD 20899, Attn: Krista Faecke Invoicing and Due Dates The Contractor shall provide copies of the of all container exchanges including the weight and the type of metal recycled on a weekly and monthly basis as well as an annual consolidated report including the date, the weight, the type of metal recycled and the prices. Standards for invoicing acceptance: The Contracting Officer's Representative (COR) will provide comments on each invoice received within 5 calendars days from receipt of a given invoice. The invoice shall include total weights for the type of metal recycled the price. If any trash is found comingled with the recyclables it will be deducted from the total weight and a handling fee should be charged. The contractor shall make any needed changes within 3 calendar days from receipt of electronic or written comments from the COR. Period and Place of Performance: The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. New price rates shall be negotiated every option year. Performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus, with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM. Container Exchanges: The contractor will deliver or pickup containers during times the NIST campus is open. The contractor shall not deliver or pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also there shall be no deliveries or pick-ups on legal federal holidays: • New Year's Day, January 1st • Martin Luther King's Birthday, 3rd Monday in January • President's Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4th • Labor Day, 1st Monday in September • Columbus Day, 2nd Monday in October • Veteran's Day, November 11th • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25th GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government. The Government does not anticipate providing any property during the performance of this requirement. RISK ASSESSMENT The HSPD-12 Security Risk Level assigned to this contract is low risk. DELIVERABLES AND PAYMENT SCHEDULE The Contractor may invoice the Government upon receipt from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date. CONTRACTOR'S MINIMUM QUALIFICATIONS The Contractor shall have at least three (3) years of experience in recycling scrap metal. GENERAL INFORMATION This work does not involve confidential or proprietary data. The certification and accreditation requirements of Clause 1352.239-73 do not apply and a security accreditation package is not required. The following Personnel are authorized to place call to the Contractor for dumpster exchange: Brett Whithworth Timothy Orr Bruce Connelly Patrick Murphy Angel Roman Misconduct or Disruption of Services: At any time during the performance period of this contract, the Contracting Officer, Technical Information Contact (TIC) or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee's actions or impaired state to be a disruption to the workforce. Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response to the media or the public without the knowledge and approval of the NIST Director. _______ LINE ITEM 0005 (Opt. Two): 6/15/14 - 6/14/15 Hauling Rate Per Haul Statement of Work for Scrap Metal Services Background: The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year. The NIST requires services to recycle the scrap metals produced. Specific Requirements: The contractor shall recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The kinds of scrap metal are: scrap aluminum; stainless steel; light iron; tin. The contractor shall deliver 40 yard recycle containers, galore boxes, or hoppers to different locations within NIST. The main locations are near buildings 301 and 309 on the main campus and at the NIST annex (Nike site) located off of Muddy Branch Road. When contacted by an authorized NIST representative the contactor shall pick up the full container and deliver an empty container. The contractor shall be responsible for maintaining accurate weight records by type of scrap, the contractor shall provide a copies of the weight records to the NIST contracting officer's representative (COR). The contractor shall: 1. Within 48 hours of notification by an authorized NIST representative, the contractor shall perform the exchange of the full container with an empty container of like size. 2. Recycle the scrap metal from the NIST locations near 309 parking areas, building 301 and at the NIST annex (Nike site) located off of Muddy Branch road. There shall be no cost to the government for delivering or pick up of the recyclable containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals the negotiated rate shall be by pound for each separate kind. 3. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed to: NIST, Administrative Services Division, Excess Recyclables Program, 100 Bureau Drive, MS 1920, Gaithersburg, MD 20899, Attn: Krista Faecke Invoicing and Due Dates The Contractor shall provide copies of the of all container exchanges including the weight and the type of metal recycled on a weekly and monthly basis as well as an annual consolidated report including the date, the weight, the type of metal recycled and the prices. Standards for invoicing acceptance: The Contracting Officer's Representative (COR) will provide comments on each invoice received within 5 calendars days from receipt of a given invoice. The invoice shall include total weights for the type of metal recycled the price. If any trash is found comingled with the recyclables it will be deducted from the total weight and a handling fee should be charged. The contractor shall make any needed changes within 3 calendar days from receipt of electronic or written comments from the COR. Period and Place of Performance: The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. New price rates shall be negotiated every option year. Performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus, with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM. Container Exchanges: The contractor will deliver or pickup containers during times the NIST campus is open. The contractor shall not deliver or pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also there shall be no deliveries or pick-ups on legal federal holidays: • New Year's Day, January 1st • Martin Luther King's Birthday, 3rd Monday in January • President's Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4th • Labor Day, 1st Monday in September • Columbus Day, 2nd Monday in October • Veteran's Day, November 11th • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25th GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government. The Government does not anticipate providing any property during the performance of this requirement. RISK ASSESSMENT The HSPD-12 Security Risk Level assigned to this contract is low risk. DELIVERABLES AND PAYMENT SCHEDULE The Contractor may invoice the Government upon receipt from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date. CONTRACTOR'S MINIMUM QUALIFICATIONS The Contractor shall have at least three (3) years of experience in recycling scrap metal. GENERAL INFORMATION This work does not involve confidential or proprietary data. The certification and accreditation requirements of Clause 1352.239-73 do not apply and a security accreditation package is not required. The following Personnel are authorized to place call to the Contractor for dumpster exchange: Brett Whithworth Timothy Orr Bruce Connelly Patrick Murphy Angel Roman Misconduct or Disruption of Services: At any time during the performance period of this contract, the Contracting Officer, Technical Information Contact (TIC) or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee's actions or impaired state to be a disruption to the workforce. Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response to the media or the public without the knowledge and approval of the NIST Director. _______ LINE ITEM 0006 (Opt. Two): 6/15/14 - 6/14/15 Price for scrap Per lb. Statement of Work for Scrap Metal Services Background: The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year. The NIST requires services to recycle the scrap metals produced. Specific Requirements: The contractor shall recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The kinds of scrap metal are: scrap aluminum; stainless steel; light iron; tin. The contractor shall deliver 40 yard recycle containers, galore boxes, or hoppers to different locations within NIST. The main locations are near buildings 301 and 309 on the main campus and at the NIST annex (Nike site) located off of Muddy Branch Road. When contacted by an authorized NIST representative the contactor shall pick up the full container and deliver an empty container. The contractor shall be responsible for maintaining accurate weight records by type of scrap, the contractor shall provide a copies of the weight records to the NIST contracting officer's representative (COR). The contractor shall: 1. Within 48 hours of notification by an authorized NIST representative, the contractor shall perform the exchange of the full container with an empty container of like size. 2. Recycle the scrap metal from the NIST locations near 309 parking areas, building 301 and at the NIST annex (Nike site) located off of Muddy Branch road. There shall be no cost to the government for delivering or pick up of the recyclable containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals the negotiated rate shall be by pound for each separate kind. 3. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed to: NIST, Administrative Services Division, Excess Recyclables Program, 100 Bureau Drive, MS 1920, Gaithersburg, MD 20899, Attn: Krista Faecke Invoicing and Due Dates The Contractor shall provide copies of the of all container exchanges including the weight and the type of metal recycled on a weekly and monthly basis as well as an annual consolidated report including the date, the weight, the type of metal recycled and the prices. Standards for invoicing acceptance: The Contracting Officer's Representative (COR) will provide comments on each invoice received within 5 calendars days from receipt of a given invoice. The invoice shall include total weights for the type of metal recycled the price. If any trash is found comingled with the recyclables it will be deducted from the total weight and a handling fee should be charged. The contractor shall make any needed changes within 3 calendar days from receipt of electronic or written comments from the COR. Period and Place of Performance: The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. New price rates shall be negotiated every option year. Performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus, with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM. Container Exchanges: The contractor will deliver or pickup containers during times the NIST campus is open. The contractor shall not deliver or pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also there shall be no deliveries or pick-ups on legal federal holidays: • New Year's Day, January 1st • Martin Luther King's Birthday, 3rd Monday in January • President's Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4th • Labor Day, 1st Monday in September • Columbus Day, 2nd Monday in October • Veteran's Day, November 11th • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25th GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government. The Government does not anticipate providing any property during the performance of this requirement. RISK ASSESSMENT The HSPD-12 Security Risk Level assigned to this contract is low risk. DELIVERABLES AND PAYMENT SCHEDULE The Contractor may invoice the Government upon receipt from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date. CONTRACTOR'S MINIMUM QUALIFICATIONS The Contractor shall have at least three (3) years of experience in recycling scrap metal. GENERAL INFORMATION This work does not involve confidential or proprietary data. The certification and accreditation requirements of Clause 1352.239-73 do not apply and a security accreditation package is not required. The following Personnel are authorized to place call to the Contractor for dumpster exchange: Brett Whithworth Timothy Orr Bruce Connelly Patrick Murphy Angel Roman Misconduct or Disruption of Services: At any time during the performance period of this contract, the Contracting Officer, Technical Information Contact (TIC) or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee's actions or impaired state to be a disruption to the workforce. Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response to the media or the public without the knowledge and approval of the NIST Director. _______ LINE ITEM 0007 (Opt. Three): 6/15/15 - 6/14/16 Hauling Rate Per Haul Statement of Work for Scrap Metal Services Background: The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year. The NIST requires services to recycle the scrap metals produced. Specific Requirements: The contractor shall recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The kinds of scrap metal are: scrap aluminum; stainless steel; light iron; tin. The contractor shall deliver 40 yard recycle containers, galore boxes, or hoppers to different locations within NIST. The main locations are near buildings 301 and 309 on the main campus and at the NIST annex (Nike site) located off of Muddy Branch Road. When contacted by an authorized NIST representative the contactor shall pick up the full container and deliver an empty container. The contractor shall be responsible for maintaining accurate weight records by type of scrap, the contractor shall provide a copies of the weight records to the NIST contracting officer's representative (COR). The contractor shall: 1. Within 48 hours of notification by an authorized NIST representative, the contractor shall perform the exchange of the full container with an empty container of like size. 2. Recycle the scrap metal from the NIST locations near 309 parking areas, building 301 and at the NIST annex (Nike site) located off of Muddy Branch road. There shall be no cost to the government for delivering or pick up of the recyclable containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals the negotiated rate shall be by pound for each separate kind. 3. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed to: NIST, Administrative Services Division, Excess Recyclables Program, 100 Bureau Drive, MS 1920, Gaithersburg, MD 20899, Attn: Krista Faecke Invoicing and Due Dates The Contractor shall provide copies of the of all container exchanges including the weight and the type of metal recycled on a weekly and monthly basis as well as an annual consolidated report including the date, the weight, the type of metal recycled and the prices. Standards for invoicing acceptance: The Contracting Officer's Representative (COR) will provide comments on each invoice received within 5 calendars days from receipt of a given invoice. The invoice shall include total weights for the type of metal recycled the price. If any trash is found comingled with the recyclables it will be deducted from the total weight and a handling fee should be charged. The contractor shall make any needed changes within 3 calendar days from receipt of electronic or written comments from the COR. Period and Place of Performance: The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. New price rates shall be negotiated every option year. Performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus, with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM. Container Exchanges: The contractor will deliver or pickup containers during times the NIST campus is open. The contractor shall not deliver or pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also there shall be no deliveries or pick-ups on legal federal holidays: • New Year's Day, January 1st • Martin Luther King's Birthday, 3rd Monday in January • President's Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4th • Labor Day, 1st Monday in September • Columbus Day, 2nd Monday in October • Veteran's Day, November 11th • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25th GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government. The Government does not anticipate providing any property during the performance of this requirement. RISK ASSESSMENT The HSPD-12 Security Risk Level assigned to this contract is low risk. DELIVERABLES AND PAYMENT SCHEDULE The Contractor may invoice the Government upon receipt from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date. CONTRACTOR'S MINIMUM QUALIFICATIONS The Contractor shall have at least three (3) years of experience in recycling scrap metal. GENERAL INFORMATION This work does not involve confidential or proprietary data. The certification and accreditation requirements of Clause 1352.239-73 do not apply and a security accreditation package is not required. The following Personnel are authorized to place call to the Contractor for dumpster exchange: Brett Whithworth Timothy Orr Bruce Connelly Patrick Murphy Angel Roman Misconduct or Disruption of Services: At any time during the performance period of this contract, the Contracting Officer, Technical Information Contact (TIC) or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee's actions or impaired state to be a disruption to the workforce. Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response to the media or the public without the knowledge and approval of the NIST Director. _______ LINE ITEM 0008 (Opt. Three): 6/15/15 - 6/14/16 Price for scrap Per lb. Statement of Work for Scrap Metal Services Background: The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year. The NIST requires services to recycle the scrap metals produced. Specific Requirements: The contractor shall recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The kinds of scrap metal are: scrap aluminum; stainless steel; light iron; tin. The contractor shall deliver 40 yard recycle containers, galore boxes, or hoppers to different locations within NIST. The main locations are near buildings 301 and 309 on the main campus and at the NIST annex (Nike site) located off of Muddy Branch Road. When contacted by an authorized NIST representative the contactor shall pick up the full container and deliver an empty container. The contractor shall be responsible for maintaining accurate weight records by type of scrap, the contractor shall provide a copies of the weight records to the NIST contracting officer's representative (COR). The contractor shall: 1. Within 48 hours of notification by an authorized NIST representative, the contractor shall perform the exchange of the full container with an empty container of like size. 2. Recycle the scrap metal from the NIST locations near 309 parking areas, building 301 and at the NIST annex (Nike site) located off of Muddy Branch road. There shall be no cost to the government for delivering or pick up of the recyclable containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals the negotiated rate shall be by pound for each separate kind. 3. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed to: NIST, Administrative Services Division, Excess Recyclables Program, 100 Bureau Drive, MS 1920, Gaithersburg, MD 20899, Attn: Krista Faecke Invoicing and Due Dates The Contractor shall provide copies of the of all container exchanges including the weight and the type of metal recycled on a weekly and monthly basis as well as an annual consolidated report including the date, the weight, the type of metal recycled and the prices. Standards for invoicing acceptance: The Contracting Officer's Representative (COR) will provide comments on each invoice received within 5 calendars days from receipt of a given invoice. The invoice shall include total weights for the type of metal recycled the price. If any trash is found comingled with the recyclables it will be deducted from the total weight and a handling fee should be charged. The contractor shall make any needed changes within 3 calendar days from receipt of electronic or written comments from the COR. Period and Place of Performance: The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. New price rates shall be negotiated every option year. Performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus, with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM. Container Exchanges: The contractor will deliver or pickup containers during times the NIST campus is open. The contractor shall not deliver or pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also there shall be no deliveries or pick-ups on legal federal holidays: • New Year's Day, January 1st • Martin Luther King's Birthday, 3rd Monday in January • President's Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4th • Labor Day, 1st Monday in September • Columbus Day, 2nd Monday in October • Veteran's Day, November 11th • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25th GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government. The Government does not anticipate providing any property during the performance of this requirement. RISK ASSESSMENT The HSPD-12 Security Risk Level assigned to this contract is low risk. DELIVERABLES AND PAYMENT SCHEDULE The Contractor may invoice the Government upon receipt from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date. CONTRACTOR'S MINIMUM QUALIFICATIONS The Contractor shall have at least three (3) years of experience in recycling scrap metal. GENERAL INFORMATION This work does not involve confidential or proprietary data. The certification and accreditation requirements of Clause 1352.239-73 do not apply and a security accreditation package is not required. The following Personnel are authorized to place call to the Contractor for dumpster exchange: Brett Whithworth Timothy Orr Bruce Connelly Patrick Murphy Angel Roman Misconduct or Disruption of Services: At any time during the performance period of this contract, the Contracting Officer, Technical Information Contact (TIC) or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee's actions or impaired state to be a disruption to the workforce. Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response to the media or the public without the knowledge and approval of the NIST Director. _______ LINE ITEM 0009 (Opt. Four): 6/15/16 - 6/14/17 Hauling Rate Per Haul Statement of Work for Scrap Metal Services Background: The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year. The NIST requires services to recycle the scrap metals produced. Specific Requirements: The contractor shall recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The kinds of scrap metal are: scrap aluminum; stainless steel; light iron; tin. The contractor shall deliver 40 yard recycle containers, galore boxes, or hoppers to different locations within NIST. The main locations are near buildings 301 and 309 on the main campus and at the NIST annex (Nike site) located off of Muddy Branch Road. When contacted by an authorized NIST representative the contactor shall pick up the full container and deliver an empty container. The contractor shall be responsible for maintaining accurate weight records by type of scrap, the contractor shall provide a copies of the weight records to the NIST contracting officer's representative (COR). The contractor shall: 1. Within 48 hours of notification by an authorized NIST representative, the contractor shall perform the exchange of the full container with an empty container of like size. 2. Recycle the scrap metal from the NIST locations near 309 parking areas, building 301 and at the NIST annex (Nike site) located off of Muddy Branch road. There shall be no cost to the government for delivering or pick up of the recyclable containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals the negotiated rate shall be by pound for each separate kind. 3. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed to: NIST, Administrative Services Division, Excess Recyclables Program, 100 Bureau Drive, MS 1920, Gaithersburg, MD 20899, Attn: Krista Faecke Invoicing and Due Dates The Contractor shall provide copies of the of all container exchanges including the weight and the type of metal recycled on a weekly and monthly basis as well as an annual consolidated report including the date, the weight, the type of metal recycled and the prices. Standards for invoicing acceptance: The Contracting Officer's Representative (COR) will provide comments on each invoice received within 5 calendars days from receipt of a given invoice. The invoice shall include total weights for the type of metal recycled the price. If any trash is found comingled with the recyclables it will be deducted from the total weight and a handling fee should be charged. The contractor shall make any needed changes within 3 calendar days from receipt of electronic or written comments from the COR. Period and Place of Performance: The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. New price rates shall be negotiated every option year. Performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus, with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM. Container Exchanges: The contractor will deliver or pickup containers during times the NIST campus is open. The contractor shall not deliver or pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also there shall be no deliveries or pick-ups on legal federal holidays: • New Year's Day, January 1st • Martin Luther King's Birthday, 3rd Monday in January • President's Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4th • Labor Day, 1st Monday in September • Columbus Day, 2nd Monday in October • Veteran's Day, November 11th • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25th GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government. The Government does not anticipate providing any property during the performance of this requirement. RISK ASSESSMENT The HSPD-12 Security Risk Level assigned to this contract is low risk. DELIVERABLES AND PAYMENT SCHEDULE The Contractor may invoice the Government upon receipt from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date. CONTRACTOR'S MINIMUM QUALIFICATIONS The Contractor shall have at least three (3) years of experience in recycling scrap metal. GENERAL INFORMATION This work does not involve confidential or proprietary data. The certification and accreditation requirements of Clause 1352.239-73 do not apply and a security accreditation package is not required. The following Personnel are authorized to place call to the Contractor for dumpster exchange: Brett Whithworth Timothy Orr Bruce Connelly Patrick Murphy Angel Roman Misconduct or Disruption of Services: At any time during the performance period of this contract, the Contracting Officer, Technical Information Contact (TIC) or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee's actions or impaired state to be a disruption to the workforce. Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response to the media or the public without the knowledge and approval of the NIST Director. _______ LINE ITEM 0010 (Opt. Four): 6/15/16 - 6/14/17 Price for scrap Per lb. Statement of Work for Scrap Metal Services Background: The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year. The NIST requires services to recycle the scrap metals produced. Specific Requirements: The contractor shall recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The kinds of scrap metal are: scrap aluminum; stainless steel; light iron; tin. The contractor shall deliver 40 yard recycle containers, galore boxes, or hoppers to different locations within NIST. The main locations are near buildings 301 and 309 on the main campus and at the NIST annex (Nike site) located off of Muddy Branch Road. When contacted by an authorized NIST representative the contactor shall pick up the full container and deliver an empty container. The contractor shall be responsible for maintaining accurate weight records by type of scrap, the contractor shall provide a copies of the weight records to the NIST contracting officer's representative (COR). The contractor shall: 1. Within 48 hours of notification by an authorized NIST representative, the contractor shall perform the exchange of the full container with an empty container of like size. 2. Recycle the scrap metal from the NIST locations near 309 parking areas, building 301 and at the NIST annex (Nike site) located off of Muddy Branch road. There shall be no cost to the government for delivering or pick up of the recyclable containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals the negotiated rate shall be by pound for each separate kind. 3. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed to: NIST, Administrative Services Division, Excess Recyclables Program, 100 Bureau Drive, MS 1920, Gaithersburg, MD 20899, Attn: Krista Faecke Invoicing and Due Dates The Contractor shall provide copies of the of all container exchanges including the weight and the type of metal recycled on a weekly and monthly basis as well as an annual consolidated report including the date, the weight, the type of metal recycled and the prices. Standards for invoicing acceptance: The Contracting Officer's Representative (COR) will provide comments on each invoice received within 5 calendars days from receipt of a given invoice. The invoice shall include total weights for the type of metal recycled the price. If any trash is found comingled with the recyclables it will be deducted from the total weight and a handling fee should be charged. The contractor shall make any needed changes within 3 calendar days from receipt of electronic or written comments from the COR. Period and Place of Performance: The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. New price rates shall be negotiated every option year. Performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus, with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM. Container Exchanges: The contractor will deliver or pickup containers during times the NIST campus is open. The contractor shall not deliver or pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also there shall be no deliveries or pick-ups on legal federal holidays: • New Year's Day, January 1st • Martin Luther King's Birthday, 3rd Monday in January • President's Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4th • Labor Day, 1st Monday in September • Columbus Day, 2nd Monday in October • Veteran's Day, November 11th • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25th GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government. The Government does not anticipate providing any property during the performance of this requirement. RISK ASSESSMENT The HSPD-12 Security Risk Level assigned to this contract is low risk. DELIVERABLES AND PAYMENT SCHEDULE The Contractor may invoice the Government upon receipt from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date. CONTRACTOR'S MINIMUM QUALIFICATIONS The Contractor shall have at least three (3) years of experience in recycling scrap metal. GENERAL INFORMATION This work does not involve confidential or proprietary data. The certification and accreditation requirements of Clause 1352.239-73 do not apply and a security accreditation package is not required. The following Personnel are authorized to place call to the Contractor for dumpster exchange: Brett Whithworth Timothy Orr Bruce Connelly Patrick Murphy Angel Roman Misconduct or Disruption of Services: At any time during the performance period of this contract, the Contracting Officer, Technical Information Contact (TIC) or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee's actions or impaired state to be a disruption to the workforce. Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response to the media or the public without the knowledge and approval of the NIST Director. _______ Solicitation information: 1. Description of agreement. The National Institute of Standards and Technology (NIST), located at Gaithersburg, Maryland recycles an estimated 500,000 pounds annually of scrap metal consisting of scrap aluminum, stainless steel, light iron, and tin. Due to more mission requirements, the amount of scrap metal may increase by 200,000 to 300,000 pounds per year. This solicitation is for a standing order for roll-off scrap metal pickup service on an "as required" basis. Scrap metal shall be picked up from two NIST locations; the primary dumpster is located near building 309 parking area and the secondary dumpster is located at the Nike Site located off Muddy Branch Road. The Contractor shall recycle 100% of the scrap metal produced at NIST Gaithersburg, and minimize the use of the local land fill. Within 2 working days of notification by NIST that the scrap metal containers are ready for pickup, the contractor shall exchange the containers. Historically, containers are exchanged twice per week. The contractor will deliver or pick-up containers during times the NIST campus is open in accordance with the Statement of Work. The Contractor shall provide all support for project oversight, equipment, administration and technical execution of this contract. The Contractor is responsible for maintaining accurate records of project activities. 2. As part of the service, the contractor shall provide two (2) 20-Ton 30-40 cubic yard dumpster to NIST as part of the contract. The price per pickup shall be proposed by the contractor. The scrap metals shall be proposed on a price per pound basis as a credit to NIST for this requirement. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38 Section 295 Income generated from these recyclables shall be mailed to NIST in a form of a check on a monthly basis with the submittal of the monthly invoice. 3. The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. 4. The place of performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus; actual locations to be designated after contract award with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM on normal workdays to enable face-to-face technical interactions with the key NIST staff. 5. NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. 6. Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. 7. All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. 8. Extent of obligation: This solicitation does not obligate any funds. A list of individuals authorized to place pick-up requests under this agreement, identified by name and phone number, will be furnished to the Contractor at time of award. Pick-up requests received by the Contractor from personnel not listed will not be honored. The personnel designated as authorized individuals are the representatives of the Contracting Officer for the purpose of technical supervision, inspection and acceptance under this agreement. 9. Pricing: The Contractor hereby warrants that the prices to the US Government shall be as low as or lower than those charged to the Contractor's most favored customer, in addition to any discounts for prompt payment. The Contractor will furnish the Contracting Office a price list he proposes to furnish under this Agreement. No price changes may be made unless approved by the Contracting Officer. The Contractor can offer, and the Government can request, further price reductions in accordance with commercial practices, market forces, and volume buying at the time of placing Orders. The Contractor can voluntarily reduce prices at any time by providing a new price list to the Contracting Officer for approval. Historically credits for recycle material exceed charges of haul cost and shall be included on all invoices. 10. Invoices: An Itemized invoice shall be submitted on a monthly basis, no later than 10 days from the last day of the previous month, for all scrap metal recycled during a billing period. These invoices shall be supported by copies of delivery tickets, and a provided to the Contracting Officer's Representative and the Contract Specialist. Each delivery ticket shall include at a minimum the following information: (i) Name of Supplier (ii) Name of Authorized Caller (iii) Date of Call (vi) Itemized List of all container exchanges a. Price per pound b. # of pounds c. Credit 11. Term of agreement: This is a Firm-Fixed Price contract. CLAUSES: The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/comp/far/index.html The following provisions apply to this acquisition: 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012) 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012) 52.237-1 SITE VISIT (APR 1984) 1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010) 1352.233-70 AGENCY PROTESTS (APR 2010) 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The following clauses apply to this acquisition: 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2012) 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004) 52.232-33 PAYMENT BYELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003) 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010) 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010) 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) 1352.270-70 PERIOD OF PERFORMANCE (APR 2010) CONTRACT CLAUSES I. 1 1352.270-70 PERIOD OF PERFORMANCE (APR 2010) (a) The base period of performance of this contract is from 6/5/12 through 6/4/13. If an option is exercised, the period of performance shall be extended through the end of that option period. (b) The option periods that may be exercised are as follows: Period Start Date End Date Option I 6/5/13 through 6/4/14 Option II 6/5/14 through 6/4/15 Option III 6/5/15 through 6/4/16 Option IV 6/5/16 through 6/4/17 (c)The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9. (End of clause) I. 2 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, as amended, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended. (b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government: (1) When no longer needed for contract performance. (2) Upon completion of the Contractor employee`s employment. (3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. (End of clause) I. 3 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010) (a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department?s Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. (b) Investigative requirements for Non-IT Service Contracts are: (1) Contracts more than 180 days - National Agency Check and Inquiries (NACI) (2) Contracts less than 180 days - Special Agency Check (SAC) (c) Investigative requirements for IT Service Contracts are: (1) Contracts more than 180 days - National Agency Check and Inquiries (NACI) (2) Contracts less than 180 days - National Agency Check and Inquiries (NACI) (d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check. (e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have: (1) Official legal status in the United States; (1) Official legal status in the United States; (2) Continuously resided in the United States for the last two years; and (3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters. (f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows: (1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting. (2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing. (3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site. (4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN). (5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification. (6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date. (g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts. (1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM. (2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC. (h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons: (1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude. (2) Falsification of information entered on security screening forms or of other documents submitted to the Department. (3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract. (4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets. (i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems. (j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information. (k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts. (End of Clause) I. 4 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) I. 5 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: NIST 100 Bureau Drive Attn: Frank Pasqualino Bldg 301 Rm B158 Gaithersburg, MD 20899 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST 100 Bureau Drive Attn: Frank Pasqualino Bldg 301 Rm B158 Gaithersburg, MD 20899 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) I. 6 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010) When the Government is injured, wholly or partially as a result of the contractor's actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the contractor. (End of clause) I. 7 1352.228-70 INSURANCE COVERAGE (APR 2010) (a) Workers Compensation and Employer?s Liability. The contractor is required to comply with applicable federal and state workers'' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer?s liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer?s liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers'' compensation to be written by private carriers. (b) General liability. (1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $100,000.00.. (c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. (d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. (e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government. (End of clause) I. 8 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government?s rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (end of clause) I. 9 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (end of clause) I. 10 1352.201-70 CONTRACTING Officer's AUTHORITY (APR 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (end of clause) I. 11 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor`s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. (End of Clause) I. 12 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (a) "Method of payment." (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-- (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). (b) "Contractor`s EFT information." The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database. (c) "Mechanisms for EFT payment." The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210. (d) "Suspension of payment." If the Contractor`s EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (e) "Liability for uncompleted or erroneous transfers." (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor`s EFT information incorrectly, the Government remains responsible for-- (i) Making a correct payment; (ii) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor`s EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-- (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply. (f) "EFT and prompt payment." A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g) "EFT and assignment of claims." If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause. (h) "Liability for change of EFT information by financial agent." The Government is not liable for errors resulting from changes to EFT information made by the Contractor`s financial agent. (i) "Payment information." The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database. (End of Clause) I. 13 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) clause, which is 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: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). XX (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)). (15 U.S.C. 657a). XX (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) (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). XX (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). XX (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 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). XX (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) (12) XX (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). (ii) Alternate I (Nov 2011) of 52.219-6. (iii) Alternate II (Nov 2011) of 52.219-6. (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003) (15 U.S.C. 644). (ii) Alternate I (Oct 1995) of 52.219-7. (iii) Alternate II (Mar 2004) of 52.219-7. XX (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 (Dec 1996) (15 U.S.C. 637(a)(14)). (18) 52.219-16, Liquidated Damages--Subcontracting 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 (Jun 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). (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (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)). XX (26) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755). (27)52.222-19, Child Labor--Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). XX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). XX (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (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)). (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (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. XX (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). (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.`s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (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)). (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). XX (49) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332). XX (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 1984) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (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.). (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 U.S.C. 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 (Aug 2007) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Co ntractor 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) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2006) (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. (End of Clause) I. 14 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012) (a) "Inspection/Acceptance." The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) "Assignment." The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) "Changes." Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) "Disputes." This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) "Definitions." The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) "Excusable delays." The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) "Invoice." (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) "Patent indemnity." The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) "Payment."-- (1) "Items accepted." Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) "Prompt payment." The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) "Electronic Funds Transfer (EFT)." If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) "Discount." In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) "Overpayments." If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) "Risk of loss." Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) "Taxes." The contract price includes all applicable Federal, State, and local taxes and duties. (l) "Termination for the Government`s convenience." The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor`s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) "Termination for cause." The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) "Title." Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) "Warranty." The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) "Limitation of liability." Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) "Other compliances." The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) "Compliance with laws unique to Government contracts." The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) "Order of precedence." Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) "Central Contractor Registration (CCR)." (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government`s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day`s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor`s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757. (End of Clause) I. 15 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 at 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). "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 serviceconnected, 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 at 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. (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 |_| is, |_| is not a small business concern. (2) Veteran-owned small business concern. The offeror represents as part of its offer that it |_| is, |_| is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. The offeror represents as part of its offer that it |_| is, |_| is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. The offeror represents, for general statistical purposes, that it |_| is, |_| is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. The offeror represents that it |_| is, |_| is not a women- owned small business concern. (6) WOSB concern eligible under the WOSB Program. The offeror represents that-- (i) It |_| is, |_| is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It |_| is, |_| is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. The offeror represents that-- (i) It |_| is, |_| is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It |_| is, |_| is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. 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). The offeror represents that it |_| is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:| | (10) (i) General. The offeror represents that either-- (A) It |_| is, |_| 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 |_| has, |_| 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) |_| 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. The offeror represents, as part of its offer, that-- (i) It |_| is, |_| is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It |_| is, |_| is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(9)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:. Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246-- (1) Previous contracts and compliance. The offeror represents that-- (i) It |_| has, |_| has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It |_| has, |_| has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It |_| has developed and has on file, |_| has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It |_| has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American 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. (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 restrictio ns 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) |_| Are, |_| are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) |_| Have, |_| have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) |_| Are, |_| are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) |_| Have, |_| have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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). (1) Listed end products. Listed End Product Country of Origin Certification. |_| (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) |_| In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) |_| Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract 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.) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror |_| does |_| does not certify that-- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror |_| does |_| does not certify that-- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies? (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract 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). |_| TIN:. |_| TIN has been applied for. |_| TIN is not required because: |_| Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; |_| Offeror is an agency or instrumentality of a foreign government; |_| Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. |_| Sole proprietorship; |_| Partnership; |_| Corporate entity (not tax-exempt); |_| Corporate entity (tax-exempt); |_| Government entity (Federal, State, or local); |_| Foreign government; |_| International organization per 26 CFR 1.6049-4; |_| Other. (5) Common parent. |_| Offeror is not owned or controlled by a common parent; |_| Name and TIN of common parent: Name. TIN. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) 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) I. 16 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: lowest price technically acceptable. Technical and past performance, when combined, are equally as important as 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. (End of Provision) I. 17 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012) (a) "North American Industry Classification System (NAICS) code and small business size standard." The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) "Submission of offers." Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) "Period for acceptance of offers." The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) "Product samples." When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender`s request and expense, unless they are destroyed during preaward testing. (e) "Multiple offers." Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) "Late submissions, modifications, revisions, and withdrawals of offers." (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government`s control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) "Contract award (not applicable to Invitation for Bids)." The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror`s initial offer should contain the offeror`s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h)" Multiple awards." The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) "Availability of requirements documents cited in the solicitation." (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 East L''Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-- (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) "Data Universal Numbering System (DUNS) Number." (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror`s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) "Central Contractor Registration." Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at https://www.acquisitions.gov or by calling 1-888-227-2423 or 269-961-5757. (l) "Debriefing." If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency`s evaluation of the significant weak or deficient factors in the debriefed offeror`s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of Provision) I. 18 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: NIST 100 Bureau Drive Gaithersburg, MD 20899 (End of clause) (END OF ALL CLAUSES) All quoters shall submit the following: 1) An original and one (1) copy of a quotation which addresses all line items; 2) A current copy of the Contractor's price list, catalog pages, or pricing sheet that contain pricing for scrap metal defined within the Contractor's quotation; 3) The Government intends to issue a fixed price contract as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. All quotes shall be received not later than 3:00 PM EST, on June 11, 2012 at the National Institute of Standards & Technology, Acquisition Management Division, 100 Bureau Drive, Building 301, Room B158, Mail Stop 1640, Gaithersburg, MD 20899-1640, Attn: Frank Pasqualino. Email quotations shall be accepted at frank.pasqualino@NIST.gov. Offeror's quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above. Because of heightened security, email delivery, FED-EX, UPS, or similar delivery methods are the preferred method of delivery of quotes. If quotes are hand delivered, delivery shall be made on the actual due date through Gate A, and a 24-hour (excluding weekends and holidays) prior notice shall be made to the Contracts Office at 301-975-5935. In accordance with 52.215-1, Instructions to offeror - Competitive Acquisitions, (c)(3) (ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or (2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (3) It is the only proposal received. (B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. Statement of Work for Scrap Metal Services Background: The National Institute of Standards and Technology (NIST), located in Gaithersburg, MD, has an excess property program responsible for the reuse, recycle and disposition of equipment. This program produces over 500,000 pound of scrap metal each year. The NIST excess program is anticipated to expand in the coming years, with an anticipated increase in scrap of 200,000 to 300,000 pound per year. The NIST requires services to recycle the scrap metals produced. Specific Requirements: The contractor shall recycle 100% of the scrap metal produced, through the NIST excess program, at no cost to the government. The kinds of scrap metal are: scrap aluminum; stainless steel; light iron; tin. The contractor shall deliver 40 yard recycle containers, galore boxes, or hoppers to different locations within NIST. The main locations are near buildings 301 and 309 on the main campus and at the NIST annex (Nike site) located off of Muddy Branch Road. When contacted by an authorized NIST representative the contactor shall pick up the full container and deliver an empty container. The contractor shall be responsible for maintaining accurate weight records by type of scrap, the contractor shall provide a copies of the weight records to the NIST contracting officer's representative (COR). The contractor shall: 1. Within 48 hours of notification by an authorized NIST representative, the contractor shall perform the exchange of the full container with an empty container of like size. 2. Recycle the scrap metal from the NIST locations near 309 parking areas, building 301 and at the NIST annex (Nike site) located off of Muddy Branch road. There shall be no cost to the government for delivering or pick up of the recyclable containers. A rate for gross tonnage shall be negotiated for comingled scrap metal. For the other kinds of scrap metals the negotiated rate shall be by pound for each separate kind. 3. Under the Code of Federal Regulations (CFR) Title 41, Part 102-38, Section 295, NIST has the statutory authority to retain the proceeds from sales of these recyclables. The proceeds from these recyclables shall be mailed to: NIST, Administrative Services Division, Excess Recyclables Program, 100 Bureau Drive, MS 1920, Gaithersburg, MD 20899, Attn: Krista Faecke Invoicing and Due Dates The Contractor shall provide copies of the of all container exchanges including the weight and the type of metal recycled on a weekly and monthly basis as well as an annual consolidated report including the date, the weight, the type of metal recycled and the prices. Standards for invoicing acceptance: The Contracting Officer's Representative (COR) will provide comments on each invoice received within 5 calendars days from receipt of a given invoice. The invoice shall include total weights for the type of metal recycled the price. If any trash is found comingled with the recyclables it will be deducted from the total weight and a handling fee should be charged. The contractor shall make any needed changes within 3 calendar days from receipt of electronic or written comments from the COR. Period and Place of Performance: The period of performance shall be one (1) year after award of this requirement. The Government may elect to award up to four (4) 1-year options to continue the work specified in this requirement. New price rates shall be negotiated every option year. Performance will be on site at NIST, 100 Bureau Drive, Gaithersburg, MD campus, with the requirement to relocate to or operate from other locations in instances such as a disaster(s). Work shall be performed between the hours of 7:30 AM to 4:00 PM. Container Exchanges: The contractor will deliver or pickup containers during times the NIST campus is open. The contractor shall not deliver or pickup in the event of unplanned closure of the facility due to natural disasters, emergency, or severe weather. Also there shall be no deliveries or pick-ups on legal federal holidays: • New Year's Day, January 1st • Martin Luther King's Birthday, 3rd Monday in January • President's Day, 3rd Monday in February • Memorial Day, Last Monday in May • Independence Day, July 4th • Labor Day, 1st Monday in September • Columbus Day, 2nd Monday in October • Veteran's Day, November 11th • Thanksgiving Day, 4th Thursday in November • Christmas Day, December 25th GOVERNMENT-FURNISHED PROPERTY, DATA AND/OR INFORMATION All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this contract. Likewise, all deliverables generated under this requirement remain the property of the Government. The Government does not anticipate providing any property during the performance of this requirement. RISK ASSESSMENT The HSPD-12 Security Risk Level assigned to this contract is low risk. DELIVERABLES AND PAYMENT SCHEDULE The Contractor may invoice the Government upon receipt from the TIC that a given deliverable is of acceptable quality and that all other assigned tasks are up to date. CONTRACTOR'S MINIMUM QUALIFICATIONS The Contractor shall have at least three (3) years of experience in recycling scrap metal. GENERAL INFORMATION This work does not involve confidential or proprietary data. The certification and accreditation requirements of Clause 1352.239-73 do not apply and a security accreditation package is not required. The following Personnel are authorized to place call to the Contractor for dumpster exchange: Brett Whithworth Timothy Orr Bruce Connelly Patrick Murphy Angel Roman Misconduct or Disruption of Services: At any time during the performance period of this contract, the Contracting Officer, Technical Information Contact (TIC) or Operating Unit (OU) Director may request the Contractor employee be immediately removed from the premises if they determine, at their unilateral discretion, that any of the Contractor employee's actions or impaired state to be a disruption to the workforce. Safety: The Contractor employee shall be responsible for knowing and complying with all installation safety prevention regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Security: NIST is a restricted campus. An identification badge is required for access for entry into buildings and also is shown to the armed Security Police when entering the campus. Identification Badges: Contractor employees shall comply with NIST identification and access requirements. The Contractor employee is responsible for absences due to expired identification and access documents. Each Contractor employee shall wear a visible identification badge provided by the NIST Security Office. The badge must show the full name, title, and if required by NIST, the words "Contractor" in front. The Contractor employee shall turn in the NIST identification badge and vehicle pass to the TIC or Contracting Officer (CO) upon termination of their services under this contract. Vehicle Registration: All Contractor employees must register their vehicles with the NIST Security Office to gain access to the campus. A valid driver's license, Government-furnished civilian ID, proof of insurance and current registration must be presented to the NIST Security Office, at which time a NIST vehicle pass will be issued. The pass shall be displayed on the vehicle's rear view mirror in accordance with instructions. The Contractor employee shall follow NIST procedures for removal and turn-in of the vehicle pass upon termination of services under this contract. Media Inquiries: The Contractor employee shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the TIC and/or CO. There shall be no interviews, comments, or any other response to the media or the public without the knowledge and approval of the NIST Director.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NIST/AcAsD/SB1341-12-RQ-0332/listing.html)
Place of Performance: Address: National Institute of Standards and Technology, 100 Bureau Drive, Bldg 301 Room B129, Gaithersburg, Maryland, 20899, United States; Zip Code: 20899
Record: SN02764038-W 20120603/120601235708-86ce2c79a4f1635e0993c8bf0b3ec961 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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P -- Scrap Metal Recycle