SOLICITATION NOTICE
J -- NCNR CRANE MAINTENANCE, REPAIRS, AND UPGRADES - Combined Synopsis/Solicitation - Attachments
- Notice Date
- 8/8/2016
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 811310
— Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance
- Contracting Office
- Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division, 100 Bureau Drive, Building 301, Room B130, Gaithersburg, Maryland, 20899-1410, United States
- ZIP Code
- 20899-1410
- Solicitation Number
- SB1341-16-RQ-0626
- Archive Date
- 9/6/2016
- Point of Contact
- Cory L. Worley, Phone: 3019753635
- E-Mail Address
-
cory.worley@nist.gov
(cory.worley@nist.gov)
- Small Business Set-Aside
- N/A
- Description
- ATTACHMENT D: WAGE DETERMINATION MD-34 ATTACHMENT C: LABOR CATEGORY DESCRIPTION ATTACHMENT B: GUIDE HALL CRANE GENERAL LAYOUT ATTACHMENT A: NIST NCNR CRANE REPAIR SOW Combined Synopsis/Solicitation pdf. format THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL 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 SEPARATE WRITTEN SOLICITTION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES. The Request for Quotations (RFQ) number is SB1341-16-RQ-0626. This synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-88. The associated North American Industrial Classification System (NAICS) code for this procurement is 811310 - Commercial and Industrial Machinery and Equipment Repair and Maintenance, which has a size standard of $7.5 million. COMMERCE ACQUISITION REGULATION (CAR) 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing, via email, to both the Contract Specialist, Cory Worley at Cory.worley@nist.gov and the Contracting Officer Patrick Staines at Patrick.Staines@nist.gov. Questions should be received no later than five (5) calendar days after the issuance date of this solicitation. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, the question responses included in the amendment to the solicitation will govern performance of the contract. The Government intends to make a single award for a hybrid Firm-Fixed-Price (FFP) Time and Materials (T&M) type contract resulting from this solicitation. This acquisition is being competed as a 100% small business set-aside. The U.S. Department of Commerce (DOC), National Institute of Standards and Technology (NIST) Center for Neutron Research (NCNR) has a requirement for repairs, services and upgrades to its cranes located within the NCNR facility. The repairs, services and upgrades shall be in accordance with the specifications provided in Attachment A -NCNR CRANE REPAIR SOW. The detailed SOW entitled "NCNR CRANE REPAIR SOW" is hereby incorporated by reference and provided as "Attachment A" to this combined synopsis/solicitation. LIST OF ATTACHMENTS: The following pictures and drawings are hereby provided as attachments. The purpose of these attachments is for reference and to provide specification requirements to the Contractor for quotation purposes only. All attachments included in this solicitation are owned by the Government and shall not be reproduced, released, distributed, or otherwise utilized for any purpose other than submission of a quotation and the execution of the required work without the prior written approval of the NIST Contracting Officer. Attachment A: NIST NCNR CRANE REPAIR SOW Attachment B: GUIDE HALL CRANE GENERAL LAYOUT Attachment C: LABOR CATEGORY DEFINITIONS Attachment D: WAGE DETERMINATION MD-12 All offerors shall provide a quotation for the following line items: Contract Line Item Number (CLIN) QTY. UNIT UNIT PRICE APPLICABLE DISCOUNTS EXTENDED PRICE CLIN 0001 - Base Period - 10/01/2016 - 09/30/2017 CLIN 0001A - Phone Support Services 12 MO CLIN 0001B - Non-Emergency Repair Assessment(s) 10 EA CLIN 0001C - Emergency Repair Assessment 10 EA CLIN 0001D - Crane Technician/Mechanic I 200 HR CLIN 0001E - Crane Technician/Mechanic I (After Hours/Emergency) 100 HR CLIN 0001F - Crane Technician/Mechanic II 200 HR CLIN 0001G - Crane Technician/Mechanic II (After Hours/Emergency) 100 HR CLIN 0001H - Project Manager 100 HR CLIN 0001I - Other Direct Cost (ODC) - Travel and Materials. Travel shall be in accordance with the Federal Travel Regulation (FTR) 1 LT $10,000.00 Base Period Total CLIN 0002 - Option Period I - 10/01/2017 - 09/30/2018 CLIN 0002A - Phone Support Services 12 MO CLIN 0002B - Non-Emergency Repair Assessment(s) 10 EA CLIN 0002C - Emergency Repair Assessment 10 EA CLIN 0002D - Crane Technician/Mechanic I 200 HR CLIN 0002E - Crane Technician/Mechanic I (After Hours/Emergency) 100 HR CLIN 0002F - Crane Technician/Mechanic II 200 HR CLIN 0002G - Crane Technician/Mechanic II (After Hours/Emergency) 100 HR CLIN 0002H - Project Manager 100 HR CLIN 0002I - Other Direct Cost (ODC) - Travel and Materials. Travel shall be in accordance with the Federal Travel Regulation (FTR) 1 LT $10,000.00 Option Period I Total CLIN 0003 - Option Period II - 10/01/2018 - 09/30/2019 CLIN 0003A - Phone Support Services 12 MO CLIN 0003B - Non-Emergency Repair Assessment(s) 10 EA CLIN 0003C - Emergency Repair Assessment 10 EA CLIN 0003D - Crane Technician/Mechanic I 200 HR CLIN 0003E - Crane Technician/Mechanic I (After Hours/Emergency) 100 HR CLIN 0003F - Crane Technician/Mechanic II 200 HR CLIN 0003G - Crane Technician/Mechanic II (After Hours/Emergency) 100 HR CLIN 0003H - Project Manager 100 HR CLIN 0003I - Other Direct Cost (ODC) - Travel and Materials. Travel shall be in accordance with the Federal Travel Regulation (FTR) 1 LT $10,000.00 Option Period II Total CLIN 0004 - Option Period III - 10/01/2019 - 09/30/2020 CLIN 0004A - Phone Support Services 12 MO CLIN 0004B - Non-Emergency Repair Assessment(s) 10 EA CLIN 0004C - Emergency Repair Assessment 10 EA CLIN 0004D - Crane Technician/Mechanic I 200 HR CLIN 0004E - Crane Technician/Mechanic I (After Hours/Emergency) 100 HR CLIN 0004F - Crane Technician/Mechanic II 200 HR CLIN 0004G - Crane Technician/Mechanic II (After Hours/Emergency) 100 HR CLIN 0004H - Project Manager 100 HR CLIN 0004I - Other Direct Cost (ODC) - Travel and Materials. Travel shall be in accordance with the Federal Travel Regulation (FTR) 1 LT $10,000.00 Option Period III Total CLIN 0005 - Option Period IV - 10/01/2020 - 09/30/2021 CLIN 0005A - Phone Support Services 12 MO CLIN 0005B - Non-Emergency Repair Assessment(s) 10 EA CLIN 0005C - Emergency Repair Assessment 10 EA CLIN 0004D - Crane Technician/Mechanic I 200 HR CLIN 0005E - Crane Technician/Mechanic I (After Hours/Emergency) 100 HR CLIN 0005F - Crane Technician/Mechanic II 200 HR CLIN 0005G - Crane Technician/Mechanic II (After Hours/Emergency) 100 HR CLIN 0005H - Project Manager 100 HR CLIN 0005I - Other Direct Cost (ODC) - Travel and Materials. Travel shall be in accordance with the Federal Travel Regulation (FTR) 1 LT $10,000.00 Option Period IV Total The Contractor shall supply the required crane repair services as specified in the attached SOW. All materials provided under this contract must be new. Used or remanufactured items will not be considered for award. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following: All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/?q=browsefar. All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl. PROVISIONS FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (Reference FAR 12.301(b)(1)) INSTRUCTIONS: System for Award Management, SAM In accordance with FAR 52.204-7, the awardee must be registered in the system for award management (www.sam.gov) prior to award. Refusal to register shall forfeit award. Due Date for Quotations Offerors shall submit their quotations so that NIST receives them not later than 1:00 PM Eastern Standard Time on August 22, 2016. FAX quotations shall not be accepted. E-mail quotations shall be accepted at Cory.Worley@nist.gov. Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors' quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. All hand delivered quotations and material shall be made on the actual due date through Gate A, and a 48 hour (excluding weekends and holidays) prior notice shall be provided to Cory Worley, Contract Specialist on 301-975-3635. Addendum to FAR 52.212-1, Quotation Preparation Instructions 1. Price Quotation: The Offeror shall submit an original and one copy of the completed priced schedule. If the quotation is submitted electronically, additional copies are not required. The pricing quotation shall be separate from any other portion of the quotation. Offerors shall propose a firm fixed-price for CLINs 0001A, 0002A, 0003A, 0004A and 0005A. CLINS for non-emergency assessments and emergency assessments shall be utilized as fixed-price fully-loaded rates with not to exceed amounts. Offerors shall provide a fixed fully-loaded rate inclusive of all direct cost, indirect cost, general and administrative cost, and fee, per non-emergency assessment and emergency assessment. CLINs for labor shall be utilized as fixed-price fully-loaded hourly rates with not to exceed amounts. Offerors shall complete the pricing schedule above. Offerors shall provide a fixed fully-loaded hourly rate(s) inclusive of all direct cost, indirect cost, general and administrative cost, and fee, per labor category. The labor categories provided in Attachment C- Labor Category Definitions are candidate labor categories identified by the Government. Offerors are not required to provide these exact definitions and categories but must provide skill categories and a level of effort that are similar and fulfill the requirements of the SOW. The quantities stated in the schedule for each representative CLIN are for estimation purposes only. Any deviation in the stated quantities must be approved by the Contracting Officer. Price quotations shall remain valid for a period of 90 days from the date quotations are due. 2. Technical Quotation: The offeror shall submit an original and one copy of the technical quotations. If the quotation is submitted electronically, additional copies are not required. The technical quotation shall address the following: Technical Capability: The Offeror must demonstrate that it has the capability and access to material to provide the required crane assessments, repairs and upgrades in accordance with the attachments provided with this RFQ. The Offeror shall provide information on its ability to meet the emergency response requirements identified within the SOW. Offerors shall demonstrate their ability to provided experienced staff who have the technical expertise to provide the required services. 3. Past Performance: The offeror shall provide past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers. If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm's past performance information shall also be provided. If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information: a. Contract number; b. Description and relevance to solicitation requirements including dollar value; c. Period of Performance - indicate by month and year the state and completion (or "ongoing") dates for the contract; d. Reference Contact - If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract; e. Contracting Office - If a Government contract (Federal or state), identify the Procuring Contracting Officer (PCO), administrative Contracting Officer (ACO), and Contracting Officer's Representative (COR), and their names, current telephone numbers and email addresses. f. Problems Encountered - include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems. A. Acceptance of RFQ terms and conditions: This is an Open-Market Combined Synopsis/Solicitation for repairs, services and upgrades in accordance with the attached Statement of Work. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: a. The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR b. The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Offeror shall list exception(s) and rationale for the exception(s) Please note that this procurement IS NOT being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation; B. Quoters shall provide their Dun and Bradstreet Number (DUNS number) for the quoter's active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award; 4. Quoters shall include a completed copy of the attached provision, "Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)" with their quotation. QUOTATION EVALUATION: Evaluation Factors The award shall be made to the Offeror whose quotation offers the best value to the Government. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability; 2) Past Performance and 3) Price. Technical Capability is more important that Past Performance. All non-price factors, when combined are more important than price. Each quotation will be evaluated against the factors described below. An offeror's failure to address any factor may be considered indicative of the offeror's lack of understanding of the Government's requirements and may result in the offer being determined unacceptable. Quotations will be evaluated based on the factors identified below: Technical Capability Past Performance Price 1. For the purpose of Technical Capability: No prototypes, demonstration models, used or refurbished items will be considered. Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the Offeror has demonstrated that it has the capability to provide the required crane assessment(s), repair(s) and upgrade(s) in accordance with the specifications. Quotations that do not demonstrate the Offeror has the capability to provide the required services will not be considered further for award. NIST will evaluate whether the offeror has evidence of its ability to meet the emergency response requirements identified within the SOW. NIST will also evaluate the ability to provide experienced staff who have the technical expertise to provide the required services 2. For the purpose of Past Performance: The Government will evaluate the Offeror's past performance information and, if appropriate, its proposed subcontractors' past performance to determine its relevance to the current requirement and the extent to which it demonstrates that the offeror has successfully completed relevant contracts in the past five years. In assessing the offeror's past performance information, NIST will evaluate, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. Evaluation of this factor will be based on information contained in the technical portion of the quotation and information provided by references. The Government will evaluate past performance information by contacting appropriate references, including NIST references, if applicable. The Government may also consider other available information in evaluating the Offeror's past performance. The Government will assign a neutral rating if the offeror has no relevant past performance information. 3. For the purpose of evaluation of Price: The Government will evaluate the Contractor's ability to deliver an efficient and effective quotation at a fair and reasonable price. FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.2026(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was 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 an 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 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 of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) FAR 52.216-31 TIME AND MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS - COMMERCIAL ITEM ACQUISTION (FEB 2007) (Reference FAR 16.601(f)(3)) CLAUSES FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) ALT. I (MAY 2014) (Reference FAR 12.301(b)(3)) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERICAL ITEMS (JUN 2016) The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition - FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) (PUB. L. 109-282) (31 U.S.C. 6101 NOTE) FAR 52.209-6, PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015) (31 U.S.C. 6101 NOTE) FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS ASIDE (NOV 2011) (15 U.S.C. 644) FAR 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(a)(2)) FAR 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755). FAR 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2016) (E.O. 13126) FAR 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR 52.222-26, EQUAL OPPORTUNITY (APR 2015) (E.O. 11246) FAR 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793) FAR 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627) FAR 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (E.O. 13513) FAR 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332) FAR 52.222-41, SERVICE CONTRACT LABOR STANDARDS (MAY 2014) (41 U.S.C chapter 67) FAR 52.222-55, MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015) (E.O. 13658) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 calendar day of the expiration of the current contract period. (End of clause) FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) If more than 31 days remain in the contract period of performance, the Government, without prior written notification, may exercise this option by issuing a contract modification. To exercise this option within the last 30 days of the period of performance, the Government must provide to the Contractor written notification 60 days prior to the expiration date of the contract period of performance. This preliminary notification does not commit the Government to exercising the option. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months. FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits Crane Technician/Mechanic I $19.77 Crane Technician/Mechanic I $20.77 Project Manager $40.00 (End of Clause) FAR 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 address: http://farsite.hill.af.mil/vffara.htm (End Clause) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (Reference FAR 4.1105(a)(1)) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) (Reference FAR 4.1105(b)) FAR 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR HOUR CONTRACTS (AUG 2012) (Reference FAR 32.111(a)(7) FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (Reference FAR 32.706-3) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference FAR 32.009-2) FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference FAR 33.215(b)) FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APR 1984) (Reference FAR 47.303-7(c)) CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (APR 2010) (a) Ed Binkley is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: NIST/NCNR 100 Bureau Drive Gaithersburg, MD 20899 301-975-8881 ed.binkley@nist.gov (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End Clause) CAR 1352.216-77 CEILING PRICE (APR 2010) The ceiling price of this contract is $20,000.00 per period. The Contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the contractor's own risk. (End Clause) CAR 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 $500,000. (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) CAR 1352.237-74 PROGRESS REPORT (APR 2010) The Contractor shall submit, to the Government, a progress report six months after the effective date of the contract, and every six months thereafter during the period of performance. The Contractor shall deliver progress reports that summarize the work completed during the performance period, the work forecast for the following period, and state the names, titles and number of hours expended for each of the contractor's professional personnel assigned to the contract, including officials of the contractor. The report shall also include any additional information-including findings and recommendations-that may assist the Government in evaluating progress under this contract. The first report shall include a detailed work outline of the project and the contractor's planned phasing of work by reporting period. (End Clause) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract. (b) The place of acceptance will be: Inspection and acceptance will be performed at: U.S. Department of Commerce DOC/NIST 100 Bureau Drive Gaithersburg, MD 20899 Building: 235 (End of clause) CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010) (a) The base period of performance of this contract is from October 1, 2016 through September 30, 2017. 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 October 1, 2017 September 30, 2018 Option II October 1, 2018 September 30, 2019 Option III October 1, 2019 September 30, 2020 Option IV October 1, 2020 September 30, 2021 (c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9. (End of clause) CAR 1352.237-75 KEY PERSONEL (APR 2010) (a) The Contractor shall assign to this contract the following key personnel: Name Position Title (To be determined) Crane Technician/Mechanic I (To be determined) Crane Technician/Mechanic II (To be determined) Project Manager (b) The Contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer. (c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes. (End of clause) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (Reference 48 CFR 1301.602-170) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (Reference 48 CFR 1309.507-2(c)) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (Reference 48 CFR 1309.507-2(d)) CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010) (Reference 48 CFR 1331.205-70) CAR CLAUSES FULL TEXT CAN BE ACCESSED AT: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) NIST LOCAL_04 BILLING INSTRUCTIONS The Contractor shall submit an original invoice or voucher in accordance with the payments provisions of this contract to: NIST Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621 FAX Number: 301-975-8283 Email: invoice@nist.gov Each invoice or voucher submitted shall include the following: Contract Number. Contractor Name and Address. Date of Invoice. Invoice Number. Amount of Invoice, and cumulative amount invoiced to-date. Contract Line Item Number (CLIN). Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered. Prompt payment discount terms, if offered. Any other information or documentation required by the contract. (End Clause) CAR 1352.233-70 AGENCY PROTESTS (APR 2010) An agency protest may be filed with either (1) the Contracting Officer, or (2) at a level above the Contracting Officer, with the agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999). Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: PATRICK STAINES, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 Agency protests filed with the Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: HEAD OF THE CONTRACTING OFFICE (HCO) 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 A complete copy of all agency protest, 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. 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 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) 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. 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. 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)
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