MODIFICATION
56 -- Supply and Deliver C-190 Hot Mix Asphalt
- Notice Date
- 1/21/2016
- Notice Type
- Modification/Amendment
- NAICS
- 324121
— Asphalt Paving Mixture and Block Manufacturing
- Contracting Office
- Department of the Army, Army Contracting Command, MICC, MICC - Fort Leonard Wood, P.O. Box 140, Fort Leonard Wood, Missouri, 65473-0140, United States
- ZIP Code
- 65473-0140
- Solicitation Number
- W911S716T0005
- Archive Date
- 2/19/2016
- Point of Contact
- Tilson H. Dyer, Phone: 57359601316 Ext 7570
- E-Mail Address
-
tilson.h.dyer.civ@mail.mil
(tilson.h.dyer.civ@mail.mil)
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested for the required items and no written solicitation will be issued. Solicitation number W911S7-16-T-0005 is issued as a Request for Quotes. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Current to FAC 2005-85, Effective 04 Dec 2015. This is procurement is a Total Small Business set-aside for Small Business under NAICS 324121 with a size standard of 500 Employees. Fort Leonard Wood, MO requires the following items. CLIN:0001: Delivery of C-190 Hot mix Asphalt; EST Quantity: 960 Short Ton Base year period of performance:15 March 2016-14 March 2017 CLIN:0002 1st Option Year: Asphalt Requirement; EST Quantity: 960 Short Ton 1st Option Year period of performance:15 March 2017-30 November 2017 FOB: Destination - Fort Leonard Wood MO 65473. Descriptions and Specifications Requirements: Contractor shall provide and deliver 96 tons per delivery of SP-190 hot asphalt mix (ready for use) to TA256 quarry Fort Leonard Wood, Mo 65473 with multiple locations on site. Quantity may vary due to size of class. Below is a tentative schedule for deliveries ranging from March 2016 to November 2016: Dates Time Qty Unit Delivery Site Alternate Dates 28-Mar-16 9:00 AM 96 tons TA 256 (Quarry) 29 Mar 2016 26-Apr-16 9:00 AM 96 tons TA 256 (Quarry) 27 Apr 2016 31-May-16 9:00 AM 96 tons TA 256 (Quarry) 1 June 2016 6-Jul-16 9:00 AM 96 tons TA 256 (Quarry) 7 July 2016 20-Jul-16 9:00 AM 96 tons TA 206B No Date 3-Aug-16 9:00 AM 96 tons TA 206B No Date 8-Aug-16 9:00 AM 96 tons TA 256 (Quarry) 9 Aug 2016 7-Sep-16 9:00 AM 96 tons TA 256 (Quarry) 8 Sep 2016 11-Oct-16 9:00 AM 96 tons TA 256 (Quarry) 12 Oct 2016 14-Nov-16 9:00 AM 96 tons TA 256 (Quarry) 15 Nov 2016 The schedule for Option year one will be similar. Each delivery is expected to take approximately 2 hours. QUOTES: Quotes are due no later than 2:00 p.m. Central Daylight Time on Thursday February 4, 2016. Quotes shall include a unit total, line item total, and technical specifications for the quoted Asphalt. Quotes provided shall be inclusive of delivery costs. Quotes shall be submitted via e-mail to Tilson.h.dyer.civ@mail.mil or via USPS or commercial delivery service to: MICC-ICO Ft. Leonard Wood, ATTN: Tilson Dyer; 5772 Iowa Avenue., Ft. Leonard Wood MO 65473. All quotes shall reference solicitation number W911S7-16-T-0005 in the subject line. The point of contact for this solicitation is Tilson Dyer, Contract Specialist; phone (573) 596-0131 Ext 67570. QUESTIONS: Questions regarding this solicitation shall be submitted in writing via e-mail to Tilson Dyer, Contract Specialist, at Tilson.h.dyer.civ@mail.mil no later than Thursday January 21, 2016 at 3:00 pm (Central Standard Time). All items shall be FOB Destination to Ft. Leonard Wood, MO. RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT: The Mission Installation Contracting Command, Fort Leonard Wood (MICC - FLW), MO is responsible for the administration of this contract. The Contracting Officer alone is authorized to take action on behalf of the Government, which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. QUANTITY ESTIMATES: The quantities contained on the solicitation represent the Government's best estimate of its requirements for the period of contract performance. The Contractor acknowledges that each CLIN quantity stated in this document is an estimated quantity; and the Contractor will only be paid for actual quantities ordered, received and accepted by the designated Government inspector. The Government reserves the right to order quantities in excess of the stated estimated quantities in section B and the Statement of Work. However, such quantities shall not exceed 150% of the total estimated contract dollar amount. It is estimated that the Government's requirements for any additional quantities of work for each task list item will be in approximately the same proportions that each item currently bears relative to the entire estimate; however, mathematical precision is not required. The Contractor shall perform work on these quantities at the same quoted price. The Contractor's lack of receipt of quantities shall not create an entitlement to an equitable adjustment from the Government. ORDERING PROCEDURES All orders shall be issued via delivery orders from the Mission and Installation Contracting Command (MICC). Contractor shall invoice for these orders via WAWF IAW DFARS 252.232-7003. Special Contract Requirements LOCAL INSTRUCTIONS -Applies to all personnel that will enter the installation to include any delivery drivers. H-8 ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES FOR UNCLEARED NON-CAC ELIGIBLE CONTRACTORS 1. The Contractor shall comply with, and in the instance of contractor/sub-contractor employees, shall ensure compliance with the following instructions when access to the Fort Leonard Wood installation/facilities are required for contract performance. These local instructions are incorporated in this contract, in order to implement local installation antiterrorism/operations security policies and procedures, and to supplement Federal Acquisition Regulation (FAR) clause 52.204-9, which, if applicable to this contract, is located in Section I. In the event of conflict between any portion of this supplement and/or FAR 52.204-9; and any other provision within the SOW, PWS, or specifications; clause 52.204-9 (if listed in Section I) shall take precedence. In the event of conflict between this supplement and any other provision within the SOW, PWS, or specifications, this supplement shall take precedence. a. An uncleared contractor is an individual who falls into one of two categories: (1) CAC-eligible; and (2) Non-CAC eligible. The Common Access Card (CAC) is the DoD federal personal identity verification credential. CAC Eligibility is defined in Army Directive 2014-05, dated March 7, 2014. b. Army Directive 2014-05 provides that all contractor and/or subcontractor personnel who do not possess a CAC, another Federal personal identity verification card, or other authorized DoD identification card and who require unescorted access to Army installations must have a validated need for such access and undergo a vetting process to determine their fitness for access. Accordingly, non-CAC eligible, uncleared contractor and/or sub-contractor personnel requiring access to the Fort Leonard Wood installation and facilities, to perform under this contract, will submit personal identity information through the Fort Leonard Wood Installation Pass implementation system detailed in subparagraph (1) below. There is no charge to the Contractor or employees for this pass. Request for pass must be submitted a minimum of ten working days prior to date access is planned. (1) The requesting Contractor personnel and sub-contractor's personnel shall submit their requests for installation pass to their sponsor via the web based Fort Leonard Wood Installation Pass Application IM3500 Secure Webportal, located at the following web link: https://vcc1.icmvcc.com/im3500/. The minimum information required to complete the pass application at the Fort Leonard Wood Installation Pass Application IM3500 Secure Webportal listed in paragraph b, above, is as follows: 1. Point of Contact Email (Valid sponsor's email address). A valid sponsor is the COR, COTR, or other Government employee designated in writing by the Contracting Officer (KO) at time of contract award, post award conference, or pre-construction conference; or the KO if no other designation is made. 2. Visitor's email address; 3. ID Number (Visitor's Driver's License Number); 4. ID Jurisdiction (State that issued the visitor driver's license); 5. Visit Start Date (The first date of visitor's visit); 6. Visit End Date (The last date of visitor's visit, not to exceed the length of the contract or one year, whichever is shorter); 7. Visitor's Name (Last name, First name, Middle name & suffix); 8. Phone Number and Address; 9. Date of Birth; 10. Eye Color; 11. Hair Color; 12. Sponsoring Organization and Applicant's Company Name. Additionally, vehicle information may be required (Vehicle VIN Number, Plate Number, Plate Jurisdiction, Vehicle Year of Manufacture, Vehicle Make, Vehicle Model, Vehicle Color, and Vehicle Type) (2) The information collected at this website will be used by the government to query, at a minimum, the National Crime Information Center Interstate Identification Index (NCIC-III) and the Terrorist Screening Database (TSDB) to determine if the person requesting unescorted access presents a potential threat to the good order, discipline, or health and safety on the installation. Army Directive 2014-05, enclosure 2, establishes Army policy for adjudication and screening standards to control the access of unescorted uncleared contractors (contractor and subcontractor personnel) to Army installations and facilities. (3) Uncleared contractor personnel will, in the absence of an approved waiver, be denied unescorted access to Fort Leonard Wood should the above mentioned checks contain credible derogatory information indicating that the individual may present a threat to the good order, discipline, or health and safety on the installation. Such derogatory information includes, but is not limited to that provided within Enclosure 2, Army Directive 2014-05 (Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors), which is available to the public at the following website: http://www.apd.army.mil/. (4) Access Denial Waiver Process. An explanation of the waiver process for individual denials of access is provided in Army Directive 2014-05. The denial of unescorted entry onto the military installation of one or several of the contractor's or subcontractor's personnel shall not be considered an excuse for nonperformance of contract requirements. Nor is the Government responsible for providing escorts for individuals denied unescorted access to the Installation. c. All contractor and subcontractor personnel performing tasks on this contract shall at all times comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures provided herein and otherwise provided to the Contractor by an authorized Government representative. Contractors are warned that Installation area access control plans may require increased vigilance and restrictions on access to military installations in the case of heightened Force Protection Condition (FPCON) levels. If task completion is hampered by temporary Government limitations on access to the Installation, the Contractor and Contracting Officer shall negotiate any extensions on delivery necessitated by emergency situations. In addition, if heightened security requires the submission of additional security information and/or the implementation of additional security measures the Contractor shall fully cooperate with Government security procedures and requests for information. (End of Instructions) The following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses are applicable and are incorporated by reference: 52.204-7 System of Award Management JUL 2013 52.212-1 Instructions to Offerors-Commercial Items OCT 2015 52.212-3 Offeror Representations and Certifications -- Commercial Items NOV 2015 52.212-4 Contract Terms and Conditions-Commercial Items MAY 2015 52.246-2 Inspection of Supplies (Fixed Price) AUG 1966 252.203-7002 Requirements to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.211-7003 Item Unique Identification and Valuation DEC 2013 252.232-7003 Electronic Submission of Payment Requests and JUNE 2012 Receiving Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Request for Equitable Adjustment DEC 2012 CLAUSES INCORPORATED BY FULL TEXT 52.212-2 EVALUATION--COMMERCIAL ITEMS OCT 2014 ADDENDUM TO FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS EVALUATION FACTORS FOR AWARD Basis for Contract Award This is a Lowest Price Technically Acceptable (LPTA) best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.3, Source Selection, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS). Award will be made to a single offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal conforms to the solicitation requirements, and whose proposal, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Priced Technically Acceptable offer. Trade-offs between cost/price and non-cost/price factors are not permitted. Unreasonably high/unrealistically low, unbalanced, inaccurate or incomplete price proposals may be grounds for eliminating a proposal from competition. The Government will evaluate proposed prices for reasonableness and balance by utilizing price analysis techniques. Proposed prices evaluated as unreasonable may be grounds for eliminating a proposal from competition. The Government intends to award one (1) contract as a result of this solicitation. As set forth in FAR 52.215-1 (f)(4), the Government intends to evaluate proposals and technical specifications and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a), Clarifications and award without discussions). Therefore, the offeror's initial quote should contain the offeror's best terms from a cost or price and technical specifications. EVALUATION CRITERIA: The evaluation criteria consists of factors. The proposals will be evaluated under two (2) evaluation factors: FACTOR 1: Technical Acceptability of submitted specifications in accordance with salient characteristics of supplies. FACTOR 2: Price A. EVALUATION APPROACH: Factor 1--Technical Acceptability: The technical proposal must consist of the technical specifications for the asphalt by any additional information in sufficient detail to establish that the asphalt offered fully comply with the salient characteristics contained in the statement of work. The Technical Acceptability evaluation provides an assessment of the offeror's submitted specifications on supplies proposed to satisfy the Government's requirement. The evaluation will focus on whether the offeror's proposal meets or does not meet the Government's requirements. The technical acceptability factor will receive one of the adjectival ratings defined below. Offerors must receive an "Acceptable" rating for the Technical Acceptability factor in order to be considered for award. Technical Evaluation Ratings ADJECTIVAL RATING DESCRIPTION Acceptable The equipment offered and terms clearly meet the minimum requirements of the solicitation. Unacceptable The equipment offered and terms do not clearly meet the minimum requirements of the solicitation. Factor 2--Price: Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 15.404-1(b). Through these techniques, the Government will determine whether prices are reasonable, complete, and balanced. Unbalanced pricing may be evaluated in accordance with FAR 15.404-1(g), as applicable, to assess potential performance risk which could result in unreasonably high prices. Definitions: Reasonableness: A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. (FAR 31.201-3) Unbalanced Pricing: Pricing that exists when, despite an acceptable total evaluated price, the price of one or more contract line item is significantly over/under stated as indicated by the application of cost or price analysis techniques. (FAR 15.404-1(g)) B. EVALUATION PROCEDURES: The technical evaluator(s) shall assess each technical proposal submitted for "ACCEPTABILITY". Proposals that are determined to be UNACCEPTABLE upon technical evaluation will be rejected. Failure to achieve a rating of Acceptable will result in an "Unacceptable" determination for the Technical Proposal. An "Unacceptable" rating results in elimination from further award consideration. (a) Award will be made to the lowest price technically acceptable offer unless the price is so low as to be unreasonable. The Government may determine that a proposal is unacceptable if the price offered is so low that it is determined that the offeror cannot accomplish the level of services promised in the technical proposal for the prices offered in the cost proposal. The Government will not award a contract at a price so low that it will create a likelihood that the offeror will fail to provide a satisfactory level of performance. Offerors offering unique cost saving initiatives should fully explain their cost methodology to substantiate their ability to perform at the prices offered. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). X(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ____(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109- 282) (31 U.S.C. 6101 note). (5) [Reserved] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note). (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). (10) [Reserved] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). _ (ii) Alternate I (NOV 2011) of 52.219-3. (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (ii) Alternate I (JAN 2011) of 52.219-4. (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). (ii) Alternate I (NOV 2011). (iii) Alternate II (NOV 2011). (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). (ii) Alternate I (Oct 1995) of 52.219-7. (iii) Alternate II (Mar 2004) of 52.219-7. X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)). (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)). (ii) Alternate I (Oct 2001) of 52.219-9. (iii) Alternate II (Oct 2001) of 52.219-9. (iv) Alternate III (OCT 2014) of 52.219-9. (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). X (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)). (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). X (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212). (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). X (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-13. (37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14. X (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). (39)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-16. X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). X (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. (ii) Alternate I (May 2014) of 52.225-3. (iii) Alternate II (May 2014) of 52.225-3. (iv) Alternate III (May 2014) of 52.225-3. (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___(44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X(50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) X(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67). (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ` (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) short ton, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of $200,000; or (2) Any order for a combination of items in excess of $200,000.00; or (3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration of the final option period or extension. (End of Clause) 252.216-7006 ORDERING (MAY 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from the beginning of the 1st period of performance through the expiration of the final option period or extension. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c)(1) If issued electronically, the order is considered "issued" when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered "issued" when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. (3) Orders may be issued orally only if authorized in the schedule. (End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 26 months. (End of clause) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts-- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed: The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 327320 - assigned to contract number to be determined at award. (Contractor to sign and date and insert authorized signer's name and title). (End of clause) 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (MAY 2013) (a) Definitions. As used in this clause-- ``System for Award Management (SAM) database'' means the primary Government repository for contractor information required for the conduct of business with the Government. ``Commercial and Government Entity (CAGE) code'' means- (1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an ``NCAGE code.'' ``Data Universal Numbering System (DUNS) number'' means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. ``Data Universal Numbering System +4 (DUNS+4) number'' means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4- character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern. ``Registered in the System for Award Management (SAM) database'' means that- (1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; (2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and (4) The Government has marked the record ``Active.'' (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) 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 exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number-- (i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) Offerors may obtain information on registration at https://www.acquisition.gov. (End of clause) 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Christine L. Wilson, 5772 Iowa Avenue, Fort Leonard Wood, MO 65473. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): HTTP://FARSITE.HILL.AF.MIL HTTP://WWW.ACQ.OSD.MIL/DPAP/DARS/INDEX.HTM HTTP://ACQUISITION.GOV/COMP/FAR/INDEX.HTML (End of provision) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): HTTP://FARSITE.HILL.AF.MIL HTTP://WWW.ACQ.OSD.MIL/DPAP/DARS/INDEX.HTM HTTP://ACQUISITION.GOV/COMP/FAR/INDEX.HTML (End of clause) 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) ) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document types. COMBO (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. GOVERNMENT (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* -------------------------------------------------------------------------------------------- Field Name in WAWF Data to be entered in WAWF -------------------------------------------------------------------------------------------- Pay Official DoDAAC HQ0490 Issue By DoDAAC W911S7 Admin DoDAAC W911S7 Inspect By DoDAAC W90NM5 Ship To Code W90NM5 -------------------------------------------------------------------------------------------- (4) ) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. Contracting Officer: Christine L. Wilson, christine.l.wilson2.civ@mail.mil Contract Specialist: Tilson H. Dyer, Tilson.h.dyer.civ@mail.mil (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. Contract Specialist: Tilson H. Dyer, email: Tilson.h.dyer.civ@mail.mil (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) 5152.233-4000 AMC-LEVEL PROTEST PROGRAM (Sep 2011) (LOCAL CLAUSE) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.10. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution. Headquarters U.S. Army Material Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road RM: A6SE040.001 Redstone Arsenal, AL 35898-500 Facsimile number (256) 450-8840 or e-mail: amcprotest@conus.army.mil The AMC-Level Protest procedures are found at: http://www.amc.army.mil/amc/commandcounsel.html If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures. Contracting Officer MICC- Fort Leonard Wood Attn: Christine L. Wilson 5772 Iowa Ave, Bldg 606 Fort Leonard Wood, MO 65473 (End of Clause)
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