MODIFICATION
C -- ARCHITECT-ENGINEER SERVICES - STRUCTURAL
- Notice Date
- 7/3/2012
- Notice Type
- Modification/Amendment
- NAICS
- 541330
— Engineering Services
- Contracting Office
- NASA/John F. Kennedy Space Center, Procurement, Kennedy Space Center, FL 32899
- ZIP Code
- 32899
- Solicitation Number
- NNK12CAO5RR
- Response Due
- 7/26/2012
- Archive Date
- 7/3/2013
- Point of Contact
- Richard M. Johanboeke, NASA Contracting Officer, Phone 321-867-0586, Fax 321-867-1111, Email richard.m.johanboeke@nasa.gov - Sharon L. White, Contracting Officer, Phone 321-867-7230, Fax 321-867-1166, Email Sharon.White-1@ksc.nasa.gov
- E-Mail Address
-
Richard M. Johanboeke
(richard.m.johanboeke@nasa.gov)
- Small Business Set-Aside
- N/A
- Description
- This is Amendment 2. The following changes are made to the subject solicitation issued Jun 25, 2012. 1. The following is removed from Description, Paragraph 4: Task Orders will be awarded consistent with FAR 36.602. The paragraph now reads as follows: Work will be accomplished as individual Task Orders under the IDIQ contract. The individual Task Orders will be awarded beginning with the date of execution of the IDIQ contract. The Contracting Officer will solicit Task Order offers by issuing written requests for offers for specific projects. Individual Task Orders will be issued on a Firm Fixed Price basis. As determined by the Contracting Officer, performance of work under Task Orders issued against the IDIQ contract may extend for up to one year beyond the ordering period of the IDIQ contract. 2. The following is removed from Project Description / Requirements, Evaluation, in the next to the last paragraph: including local building codes and permitting agencies, The paragraph now reads as follows: Location of the essential staff for this project in the general geographical area of the project with knowledge of the locality of the project provided that application of this criterion leaves an appropriate number of qualified firms, given the nature and size of the project. Selection Weight, 5 percent 3. The following Federal Acquisition Regulation Regulations (FAR) and NASA FAR (NFS) Supplement Provisions are incorporated in full text into and made a part of this solicitation: a. FAR 52.209-7 Information Regarding Responsibility Matters (Feb 2012). b. NFS 1852.209-73 Representation by Offerors that they are not the Association of Community Organizations for Reform Now (ACORN) or a subsidiary of ACORN. c. NFS 1852-209.74 CERTIFICATION BY OFFERORS REGARDING FEDERAL INCOME TAX FILING and FEDERAL INCOME TAX VIOLATIONS. (DEVIATION FEB 2012). d. NFS 1852.209-75 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law. e. NFS 1852.225-72 Restriction on funding Activity with China Representation. The Full Text Provisions are provided as follows: a. FAR 52.209-7 Information Regarding Responsibility Matters (Feb 2012) (a) Definitions. As used in this provision Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. Federal contracts and grants with total value greater than $10,000,000 means (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked has in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7). (End of provision) b. NFS 1852.209-73 REPRESENTATION BY OFFERORS THAT THEY ARE NOT THE ASSOCIATION of COMMUNITY ORGANIZATIONS for REFORM NOW (ACORN) or a SUBSIDIARY of ACORN (DEVIATION FEB 2012) (a)In accordance with section 534 of The Consolidated and Further Continuing Appropriation Act of 2012 (Pub. L.112-55) none of the funds made available by the Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. (b)The offeror represents, by submission of its offer, that it is not the Association of Community Organizations for Reform Now (ACORN) or a subsidiary thereof. (End of provision) c. NFS 1852-209.74 CERTIFICATION BY OFFERORS REGARDING FEDERAL INCOME TAX FILING and FEDERAL INCOME TAX VIOLATIONS. (DEVIATION FEB 2012) (a)In accordance with section 527 of The Consolidated and Further Continuing Appropriation Act of 2012 (Pub. L.112-55) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5 Million unless the prospective contractor certifies in writing to NASA that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (b)The offerors proposal shall include a signed written certification as follows To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the Internal revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. Firm _____________________________________________ Signature _________________________________________ Name ____________________________________________ Title _____________________________________________ Date of execution __________________________________ (End of Provision) d. NFS 1852.209-75 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (DEVIATION FEB 2012). (a)In accordance with sections 544 and 543 of The Consolidated and Further Continuing Appropriation Act of 2012 (Pub. L.112-55), none of the funds made available by that Act may be used to enter into a contract with any corporation that- (1)Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government; or (2)Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b)The offeror represents that (1)It is [ ] is not[ ] a corporation that has had any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is[ ] is not [ ] a corporation that was convicted, or had an officer or agent acting on behalf of the corporation convicted, of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) e. NFS 1852.225-72 Restriction on funding Activity with China Representation. (a) Definition - China or Chinese-owned means the Peoples Republic of China, any company owned by the Peoples Republic of China or any company incorporated under the laws of the Peoples Republic of China. (b) Public Laws 112-10, Section 1340(a) and 112-55, Section 536, restrict NASA from contracting to participate, collaborate, or coordinate bilaterally in any way with China or a Chinese-owned company with funds appropriated on or after April 25, 2011. Contracts for commercial and non-developmental items are excepted from the prohibition as they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties. (c) Representation. By submission of its offer, the offeror represents that the offeror is not China or a Chinese-owned company. (End of provision) 3. All other terms and condition remain unchanged. End of Amendment 2.
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