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SECTION B
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SECTION B - CONTINUATION BLOCK
Block 17 a: Contractor shall include DUNS Number Block 17b: Remittance Address: Payment shall be made to the Financial Institution listed in System for Award Management (SAM). Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on the Task Order
B.1 PRICE/COST SCHEDULE See Attachment D.1: Price Schedule
B.2 PERIOD OF PERFORMANCE The Period of Performance for CLIN 0001-0006 shall be from date of contract award through 12 months.
1. If Option 1 is exercised, the Period of Performance for CLIN 1001 -1005 shall be from the effective date of the option through 12 months.
2. If Option 2 is exercised, the Period of Performance for CLIN 2001 - 2005 shall be from the effective date of the option through 12 months.
3. If Option 3 is exercised, the Period of Performance for CLIN 3001 - 3005 shall be from the effective date of the option through 12 months.
4. If Option 4 is exercised, the Period of Performance for CLIN 4001 - 4005 shall be from the effective date of the option through 12 months.
B.3 DESCRIPTION OF WORK See Attachments: D.2 SOW Bottled Drinking Water D.3 SOW Extended Shelf Life Water
B.4 DELIVERABLES See Attachments: D.2 SOW Bottled Drinking Water D.3 Extended Shelf Life Water
B.5 DELIVERY LOCATIONS AND DELIVERY SCHEDULE Distribution Centers (DCs) for Federal Emergency Management Agency: See Attachments: D.2 SOW Bottled Drinking Water D.3 Extended Shelf Life Water B.5.1 DELIVERY SCHEDULE Each contractor shall include a proposed delivery schedule for each delivery order issued. Please be aware the proposed delivery schedule provided by the contractor is subject to change due to a FEMA emergency response requirement or an unforeseen priority replenishment requirement. In the event of a change, the FEMA Contracting Officer will coordinate with the contractor and the delivery points of contact to redirect deliveries to the new destination. The contractor is responsible for complying with the delivery schedule and must immediately notify the contracting officer or their designated representative of any issues that may affect the contractor’s ability to meet the delivery. Contractors shall be able to track deliveries from point of shipment to point of receipt.
B.5.2 HOURS OF PERFORMANCE Contractor(s) shall schedule all delivery activities with the appropriate delivery point of contact after award of the delivery order.
B.5.3 TASK ORDER INSTRUCTIONSSee Section D., Attachment 4, Task Order Instructions
B.6 MINIMUM AND MAXIMUM QUANTITIES FOR MULTIPLE AWARD CONTRACTS B.6.1 As referred to in paragraph (b) of FAR Clause 52.216-22, “Indefinite Quantity” of this contract, the guaranteed contract minimum is 18,000 liters of Bottled Drinking Water or 18,000 liters of Extended Shelf Life
SECTION B
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Drinking Water to include the base and option periods. The contract ceiling amount shall not exceed $40.6 million. This maximum is based upon the average annual expenditure for readiness over the last 10 years. However, in the event of a Presidential Declaration for a disaster, the Government will utilize this contract to respond to disasters by increasing the ceiling of the contract to perform services in the specific state(s) and/or the affected areas. Due to the nature of disaster response and recovery, FEMA is unable to predict or estimate the maximum ceiling for disaster operations. However, in a disaster situation, contractors should expect to meet this increased ceiling amount.
B.7 INVOICE INSTRUCTIONS (JUN 2014) Invoices shall be submitted as follows: Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor.
Contractors must submit vouchers electronically, via e-mail, in .pdf format, to the FEMA Finance Center, as stated at Block 20 of the Standard Form 1449 (SF 1449) herein: FEMA Finance: FEMA-Finance-Vendor- [email protected].
A copy of the voucher must be submitted electronically, in .pdf format, via e-mail, to the Contract Specialist, to the Contracting Officer, and to the Contracting Officer Representative, also identified at Block 20 within the SF 1449.
Administrative Contracting Officer: Name: Monique Park E-mail: [email protected]
Contract Specialist:Name: Jonathan IgwebuezeE-mail: [email protected]
Contracting Officer’s Representative:Name: Chris Ferguson E- mail: [email protected]
SF 1034 and 1035 instructions: SF 1034--Fixed Price
The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows: (1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise.
(2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted.
(3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed.
(4) Requisition Number and Date - leave blank.
(5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.) The last voucher of every contract or task order should be marked with the next sequential number, with the words "FINAL" (e.g. Invoice No. 1234-FINAL).
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(6) Schedule Number; Paid By; Date Invoice Received - leave blank.
(7) Discount Terms - enter terms of discount, if applicable.
(8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank.
(9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer.
(10) Shipped From; To; Weight Government B/L Number - insert for supply contracts.
(11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered.
(12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034.
"I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract."
_____________________________ ___________________________ (Name of Official) (Title)
(13) Quantity; Unit Price - insert for supply contracts.
(14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet.
INVOICE PREPARATION INSTRUCTIONS SF 1035
The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required.
The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows:
U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office.
Voucher Number - insert the voucher number as shown on the Standard Form 1034.
Schedule Number - leave blank.
Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required.
Number and Date of Order - insert payee's name and address as in the Standard Form 1034.
Articles or Services - insert the contract number as in the Standard Form 1034.
Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable).
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A summary of claimed current and cumulative goods and services delivered and accepted to date. - Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date.
B.7.1 INVOICE APPROVALThe following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:Authorized Invoice Approver
Name: Chris FergusonTitle: Contracting Officer’s RepresentativeEmail: [email protected]
B.7.2 DEFECTIVE INVOICESName, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice.
B.8 IDENTIFICATION OF GOVERNMENT OFFICIALS The Government Officials assigned to this contract are as follows: Administrative Contracting Officer: Name: Monique ParkPhone: 202-212-7781Email: [email protected]
Administrative Contract SpecialistName: Jonathan IgwebuezePhone: 202-212-2802Email: [email protected]
Contracting Officer's Technical Representative: Name: Chris Ferguson Phone: 202-646-2509 Email: [email protected]
Clauses:
52.247-34 F.o.b. Destination. (NOV 1991)
52.242-15 Stop Work Order. (AUG 1989)
SECTION C
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SECTION C – CONTRACT CLAUSES
C.1 52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017) – Incorporated by Reference
See SF 1449 Block 27a.
C.1-1: ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:
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://www.acquisition.gov/far/index.html
52.202-1 DEFINITIONS NOV 201352.203-3 GRATUITIES APR 198452.203-12 LIMITATION ON PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS OCT 201052.203-5 COVENANT AGAINST CONTINGENTS FEES MAY 201452.203-7 ANTI-KICKBACK PROCEDURES MAY 201452.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
AND REQUIREMENT TO INFORM EMPLOYEES OFWHISTLEBLOWER RIGHTS APR 2014
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMERFIBER CONTENT MAY 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE JUL 201352.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE NOV 2014 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017
52.233-1 DISPUTES MAY 201452.243-1 CHANGES-FIXED PRICE AUG 198752.246-2 INSPECTION OF SUPPLIES- FIXED PRICE AUG 1996
52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND OR PROPERTY DAMAGE APR 1984
52.247-22 CONTRACTOR LIABILITY FOR LOSS OF AND/OR DAMAGE TO FREIGHT OTHER THAN HOUSEHOLD GOODS APR 1984
52.216-18 Ordering. (OCT 1995)
(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 Schedule. Such orders may be issued within 5 years from date of award.
(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.
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(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(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 18,000 liters of Bottled Drinking Water or 18,000 liters of Extended Shelf Life Drinking Water, 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 2,700,000 liters of Bottled Drinking Water or 150,000 liters of Extended Shelf Life Drinking Water;
(2) Any order for a combination of items in excess of items in excess of 2,700,000 liters of Bottled Drinking Water or 150,000 liters of Extended Shelf Life Drinking Water; 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 1 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)
52.216-22 Indefinite Quantity. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) 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 5 years after contract award.
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(End of clause)
52.217-7 Option for Increased Quantity - Separately Priced Line Item. (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(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 10 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.
(End of Clause)
3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006)
(a) Prohibitions.
Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.
(b) Definitions. As used in this clause:
Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.
Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.
Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-
(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;
(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-
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(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or
(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and
(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.
Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.
(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.
(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:
(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or
(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).
(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.
(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.
(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.
(e) Treatment of Certain Rights.
(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:
(i) warrants;
(ii) options;
(iii) contracts to acquire stock;
(iv) convertible debt instruments; and
(v) others similar interests.
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(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.
(f) Disclosure. The offeror under this solicitation represents that (Check one):
X it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003;
X it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or
X it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.
(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
(End of Clause)
3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
(a) Provisions.
__X__3052.209-72 Organizational Conflicts of Interest.
_____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
_____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protege Program.
(b) Clauses.
___X__3052.203-70 Instructions for Contractor Disclosure of Violations.
_____3052.204-70 Security Requirements for Unclassified Information Technology Resources.
_____3052.204-71 Contractor Employee Access.
_____Alternate I
___X__3052.205-70 Advertisement, Publicizing Awards, and Releases.
_____3052.209-73 Limitation on Future Contracting.
_____3052.215-70 Key Personnel or Facilities.
_____3052.216-71 Determination of Award Fee.
_____3052.216-72 Performance Evaluation Plan.
_____3052.216-73 Distribution of Award Fee.
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_____3052.217-91 Performance. (USCG)
_____3052.217-92 Inspection and Manner of Doing Work. (USCG)
_____3052.217-93 Subcontracts. (USCG)
_____3052.217-94 Lay Days. (USCG)
_____3052.217-95 Liability and Insurance. (USCG)
_____3052.217-96 Title. (USCG)
_____3052.217-97 Discharge of Liens. (USCG)
_____3052.217-98 Delays. (USCG)
_____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)
_____3052.217-100 Guarantee. (USCG)
___X__3052.219-70 Small Business Subcontracting Plan Reporting.
_____3052.219-71 DHS Mentor Protege Program.
_____3052.228-70 Insurance.
_____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)
_____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)
_____3052.228-92 Fair Market Value of Aircraft. (USCG)
_____3052.228-93 Risk and Indemnities. (USCG)
_____3052.236-70 Special Provisions for Work at Operating Airports.
___X__3052.242-72 Contracting Officer's Technical Representative.
_____3052.247-70 F.o.B. Origin Information.
_____Alternate I
_____Alternate II
_____3052.247-71 F.o.B. Origin Only.
___X__3052.247-72 F.o.B. Destination Only.
(End of clause)
C.1-2: NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS
The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of
Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
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2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.
4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.
5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
6. The Government Agency owns the rights to all data/records produced as part of this contract.7. The Government Agency owns the rights to all electronic information (electronic data, electronic information
systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.).
9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
C.1-3: PACKAGING, MARKING & LABELING
See Attachments:D.2 SOW Bottled Drinking WaterD.3 SOW Extended Shelf Life Water
C.1-4: RECORDING KEEPING
Contractor (s) shall maintain current, accurate, and complete records of all shipments and deliveries and ensure that proper signatures by FEMA representatives are obtained for tracking and accountability purposes. The Government reserves the right to request, have access to and audit any and all records and materials related to the record keeping of all shipments and deliveries.
C.1-5: QUALITY REQUIREMENTS:
For all Delivery Orders, the contractor(s) shall perform and confirm Quality Control testing of the finished product to meet the specification outlined in Section B.
C.1-6: DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM REGULATIONS
Delivery orders under this contract may include a priority rating under the Defense Priorities and Allocation System (DPAS) regulation (15 CFR, part 700). Anyone receiving a DPAS rated order is required to follow all provisions of the DPAS regulation. The priority rating will be provided on the SF1449 in Box 13a and 13b when the Delivery Order is issued.
(End of Addendum to 52.212-4)
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C.2. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JAN 2017)
(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 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 (SEP 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 (OCT 2015) (41 U.S.C. 3509).
[X] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) (Reserved)
[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (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. (OCT 2015) (31 U.S.C. 6101 note).
[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 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.
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[ ] (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)
[ ] (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 (JUN 2003) (15 U.S.C. 644).
[ ] (ii) Alternate I (OCT 1995) of 52.219-7.
[ ] (iii) Alternate II (MAR 2004) of 52.219-7.
[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).
[X] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (NOV 2016) of 52.219-9.
[X] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (NOV 2016) of 52.219-9.
[ ] (v) Alternate IV (NOV 2016) of 52.219-9.
[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[ ] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
[X] (20) 52.219-16, Liquidated Damages-Subcontracting 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 (JUL 2013) (15 U.S.C. 632(a)(2)).
[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).
[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).
[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).
[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
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[X] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[X] (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 (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 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) (Removed)
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
[X] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
[ ] (37)(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.)
[ ](38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[ ](39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (OCT 2015) of 52.223-13.
[ ] (41)(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.
[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
[ ] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[ ](ii) Alternate I (JUN 2014) of 52.223-16.
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[ X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving(AUG 2011)
[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ] (ii) Alternate I (JAN 2017) of 52.224-3.
[ ] (48) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).
[ ] (49)(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.
[X] (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[ ] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[ ] (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[X] (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (58) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[X] (60) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.637(d)(12)).
[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
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[ ] (62)(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.)
[ ] (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).
[ ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
[ ] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
[X] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
[ ] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 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.
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(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) of this paragraph 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 (OCT 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 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.
(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vi) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(x) 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.
(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(xii) [ ] (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiii) 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).
(xiv) 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).
(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).
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(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xvii) (Removed)
Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the UnitedStates (Oct 2016) (Section 862, as amended, of the National Defense Authorization Actfor Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FARclause 52.226-6.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordancewith paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor May include in its subcontracts for commercial items aminimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
D.1 Attachment 1: Pricing Schedule
D.2 Attachment 2: SOW Bottled Drinking Water
D.3 Attachment 3: SOW Extended Shelf Life Water
D.4 Attachment 4: Delivery Order Instructions
D.5 Attachment 5: DHS Subcontracting Plan Review Checklist -DHS700-23
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SECTION E - SOLICITATION PROVISIONS
E.1 CLAUSES INCORPORATED BY FULL TEXT
52.212-1 Instructions to Offerors - Commercial Items. (JAN 2017)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
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(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on
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any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of FederalSpecifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies ofspecifications, standards, and commercial item descriptions cited in this solicitation may be obtained for afee by submitting a request to- GSA Federal Supply Service Specifications Section, Suite 8100, 470 EastL'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department ofVeterans Affairs issued this solicitation, a single copy of specifications, standards, andcommercial item descriptions cited in this solicitation may be obtained free of charge bysubmitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additionalcopies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from thefollowing ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of DefenseSingle Stock Point (DoDSSP) by-
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia,PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible fortheir preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if thesolicitation requires the Contractor to be registered in the System for Award Management (SAM)database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, theannotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror'sname and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable.The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at thediscretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (seesubpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contactthe entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. TheOfferor should indicate that it is an offeror for a Government contract when contacting the entitydesignated at www.sam.gov for establishing the unique entity identifier.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission ofan offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in theSAM database prior to award, during performance and through final payment of any contract resultingfrom this solicitation. If the Offeror does not become registered in the SAM database in the time prescribedby the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successfulregistered Offeror. Offerors may obtain information on registration and annual confirmation requirementsvia the SAM database accessed through https://www.acquisition.gov.
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(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
Addendum to 52.212-1
E.1.2 Provisions Incorporated By Reference
52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (OCT 2015)
E.1.3 Proposal Instructions
Offers shall comprise of four volumes shown in the table below.
Document Factors Page Limitation/FormatCover letter 2 pages, Word Doc or PDFVolume I Technical*
Mandatory - Bottled Water Optional - Extended Shelf Life
10 pages, Word Doc or PDF10 pages, Word Doc or PDF
Volume II Past Performance 12 pages, Word Doc or PDFVolume III Price No page limit: Must complete attached
pricing schedule in Excel Spreadsheet with no locks or hidden formulas, tabs, sheets
Volume IV Small Business Subcontracting Plan(For Large Business Offerors only)
10 pages, Word Doc or PDF
*NOTE: Offerors must propose for the bottled water requirement. Offerors are encouraged to also proposefor the extended shelf life requirement. However, any offeror proposing on extended shelf life only (without meeting the bottled water requirement) will not be evaluated and will not be considered for award.
Volume I shall address Factor 1-Technical, Volume II shall address Factor 2- Past performance, Volume III shall address Factor 3-Price, and Volume IV shall address Factor 4-Small Business Subcontracting Plan. Each volume shall contain a table of content as needed which will not count towards the page limitation.
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Offerors shall use standard 8 ½ x 11” size pages with 1” margins (on all sides), and for both Volumes I and II, and a front and back side of a page will count as two pages. Additionally, a minimum font size of 12 shall be used for all regular text, a minimum font size of 11 shall be used for all tables and graphics, and all pages shall include numbering.
This is a Multiple Award Indefinite Delivery/Quantity (IDIQ) type acquisition. The Government intends to evaluate offers and award contracts without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions, if later determined by the Contracting Officer (CO) to be necessary. The Government may reject any or all offers if such action is in the Government’s interest; accept other than the lowest priced offer; and/or waive informalities and minor irregularities in offers received.
The Government will award a Contract to the Offeror(s) whose offer is most advantageous to the Government, based on the factors contained in the solicitation. This determination shall be conducted via the Lowest-Price, Technically Acceptable (LPTA) evaluation process. The Government will make an award to the responsive and responsible Offeror(s) with the lowest priced offer that is considered technically acceptable based upon the non-price evaluation factors. A responsive Offeror means a complete offer was submitted to the Government prior to RFP closing time and date, and all aspects of the offer comply with the instructions and requirements of the solicitation. A responsible Offeror means that the Offeror is registered in SAM.GOV. The Offeror’s information in SAM.GOV is accurate, complete, and up to date as of the time of the Offeror’s response to this RFP. A responsible Offeror means no reason(s) exist(s) for the Government to make a determination of non-responsibility in accordance with FAR Part 9.
Offeror shall submit all pricing information on the Excel spreadsheet provided in Attachment 1 - Price schedule. Offerors must provide pricing for Bottled Water, and in addition, may provide pricing for Extended Shelf Life. The Government reserves the right to award one CLIN or all CLINS to an Offeror.
Offerors proposing for the Extended Shelf Life water are required to submit a non-returnable sample of the Extended Shelf Life Water along with their proposal.
Offerors shall submit their electronic proposals to: Contract Specialist: [email protected] Contracting Officer: [email protected]
Questions are due on 12 noon EST, Friday, June 16, 2017.
Proposals may be submitted in multiple emails based on attachment size limitations with indication on subject line how many emails will be submitted.
Proposals are due on 12 noon EST, Friday, July 6, 2017.
Offerors shall submit extended shelf life water sample to: Federal Emergency Management Agency ATTN: Jonathan Igwebueze500 C Street SW, Washington DC 20472
Samples are due on 12 noon EST, Friday, July 6, 2017.
Proposal and product sample must be received by their respective closing date and time, no postmarks accepted. Proposal or sample received after closing date and time will not be accepted, and the Offeror will be determined nonresponsive.
FACTOR 1: TECHNICAL
Offerors must clearly demonstrate in their proposal their capability to meet the factor requirements.
Bottled Water: Emergency Response & Steady State
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The Offerors shall demonstrate their ability to meet the requirement and all technical specification in the SOW. The Offerors must provide a response to ALL questions to be considered for this requirement. The Offerors must be able to meet all technical specifications in the SOW, not limited to, but including the following major criteria:
1. Does the Offeror have ability to meet the emergency response delivery requirements as specified?Must be able to meet the emergency response requirements as follows:a. 900,000 liters (50TL) per day delivery and within 24 hours of CO delivery order approval;b. Accumulative total 1,800,000 (100TL) delivery by Day 2, within 48 hours of CO delivery order
approval.c. Accumulative total 2,700,000 (150TL) delivery by Day 3, within 72 hours of CO delivery order
approval.2. Does the Offeror have ability to meet its maximum production capability and a plan to respond to
emergency requests? Offeror shall provide a plan demonstrating its ability to respond to emergencyrequests.
3. Does the Offeror’s product meet the minimum 24 month shelf life? Must be able to meet the 24 monthshelf life as identified in the SOW. An 18 month shelf life may be acceptable, in an emergencysituation, if negotiated with CO prior to delivery order award.
4. During Steady State, can the Offeror deliver a minimum of one (1) truckload of drinking water, within30 days of award, to the FEMA Distribution Center as directed?
5. Can the Offeror electronically monitor and report locations of shipments from origin to destination ona real time basis? Must be able to continuously electronically monitor and report location of shipmentsfrom origin to destination (Example; real time GPS).
6. Can the Offeror drop its trailers for a minimum of 30 days at a disaster site during an emergencyresponse? During an emergency response, must be able drop trailers for a minimum of 30 days.
7. Does the Offeror’s product meet the packaging, packing, and marking requirements as specified in theSOW? Must have the capability to meet the packaging requirements of the SOW.
Optional - Extended Shelf life Water: Steady State
The Offerors must demonstrate their ability to meet the requirement by providing a response to each question. The Offerors must respond to ALL questions to be considered for this requirement. The Offerors must be able to meet all technical specifications in the SOW, not limited to, but including the following major criteria:
1. Does the Offeror’s product meet the requirements as specified in the SOW?2. Does the Offeror’s product meet the minimum shelf life as identified in the SOW? Must be able to
meet the 60 month minimum shelf life as identified in the SOW.3. Can the Offeror track individual truckloads from origin to destination to provide immediate product
location as specified? Must be able to continuously electronically monitor and report location ofshipments from origin to destination (Example; real time GPS).
4. Does the Offeror’s product meet the packaging specification? Must have the capability to meet thepackaging requirements of the SOW.
FACTOR 2: PAST PERFORMANCE
The Offeror shall provide no less than three (3) Past Performance Questionnaires (PPQ) and customer/client references (within three (3) years from date of proposal submission due date) for which they performed as a prime or a subcontractor on contracts of a similar scope and nature to the work identified in the SOW. Contracts listed may include those entered into with the Federal Government, State and local Government agencies, and commercial customers. Contracts with the Offeror's parent company or an affiliate of the Offeror may not be used. The Past Performance submission shall include the following information:
1. Name of Company/Agency2. Point of Contact3. Current Telephone Number and Email Address4. Title of Work5. Period of Performance6. Value ($) and Quantity
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The Government will consider the above information, as well as information obtained from any other sources, when evaluating the Offeror's past performance. The Government will not restrict its consideration to the information provided in the proposal and may consider any other available information. The evaluation of past performance will focus on how well the Offeror completed work performed under its experience. The Offeror will not be evaluated either favorably or unfavorably if it lacks relevant past performance.The Government is not restricted from evaluating and considering other relevant Past Performance information in its possession, such as that Past Performance Information Retrieval Systems (PPIRS), and may contact references for any information that comes into its possession.
FACTOR 3: PRICE
The Offeror shall complete the Attachment 1 Pricing Schedule. The Offeror shall propose the UNIT COST for each CLIN/subCLINS. The proposed UNIT COSTS shall be based on the requirements of the SOW.
Price Schedule – InstructionsOfferors shall complete the attached Excel price schedule and submit it in electronic Excel format. The unit prices for each CLIN/SubCLINs submitted in the price schedule will be utilized for IDIQ evaluation and award, as well as future Delivery Order award purposes.
a. Bottled Water Pricing:i. Shipping shall be included in the unit price for all Steady State CLINs
ii. Shipping shall be included in the unit price for all Emergency Site CLINsb. Extended Shelf Life Pricing (Optional):
i. Shipping shall be included in the unit price for all Distribution Centers (Caribbean, Guam, Hawaii, Moffett)
c. Transportation: i. Appropriate diversion unit rates shall be included
d. Training: For Base Period Only. For evaluation purpose, Offeror shall use the with Not-To-Exceed amount of $2000.
FACTOR 4: SMALL BUSINESS SUBCONTRACTING PLAN (Large Business only):
Offerors shall submit their Small Business Subcontracting Plan for incorporation into the task order.
For Offerors who are “other than Small Business”, the proposed Small Business Subcontracting Plan shall be evaluated for adequacy; realism of the planned small business participation; and ensuring the required information, goals, and assurances are included. Any targets specified in the Business Subcontracting Plan will be incorporated into and become part of the resulting contract. Evaluation of Small Disadvantaged Business participation as required by FAR 19.102 will be assessed based on consideration of the information presented in the offeror’s Business Subcontracting Plan.
Category Agency Small Business Subcontracting Goal
Total Small Business 39%Total Small Disadvantaged Businesses(both Section 8(a) and non-Section 8(a) firms)
5% *
Woman-owned Small Businesses 5%*Service-Disabled Veteran-Owned Small Businesses 3%*Historically Underutilized Empowerment Zone 3%** Represents a subset percentage of the Total Small Business goal (for examples, if 3% is awarded to Woman- owned Small Businesses, that 3% would also apply the Total Small Business’ subcontracting goal.
The contractor may utilize the above Agency Small Business Subcontracting Plan submitted for the IDIQ, or may propose new higher subcontracting goals.
(End of Addendum to 52.212-1)
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E.2 52.212-2 Evaluation - Commercial Items. (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whoseoffer conforming to the solicitation will be most advantageous to the Government, price and otherfactors considered. The following factors shall be used to evaluate offers:
1. Basis for Award:
The awards will be made based on a Lowest Priced Technically Acceptable (LPTA) basis. The evaluation criteria consists of the following: Technical, Past Performance, Price, and Subcontracting Plan.
All offers received in response to the RFP will be ranked from lowest to highest based on the total evaluated price as stated in Volume III. The Government will then evaluate for technical acceptability Volume I, Past Performance Volume II, and Subcontracting Plan Volume IV. Accordingly, each non-price evaluation factor has equal importance for purposes of determining technical acceptability. As part of the Volume I technical acceptability evaluation process, the factor must receive an “Acceptable” rating in order for Volume I to be considered technically acceptable. Past Performance must receive either a “Satisfactory” or “Neutral” rating to be considered technically acceptable. Subcontracting Plan, for large businesses only, must receive an “Acceptable” rating in order for Volume IV to be considered technically acceptable.
FEMA will make as many awards necessary to ensure maximum delivery capacity and that delivery order competition can be achieved thereafter.
The Government will evaluate pricing for accuracy and completeness based on information submitted by the Offeror. This process will involve verification that figures are correctly calculated, pricing is presented in the requested format, and that the prices for proposed supplies and any applicable discounts are accurate.
2. Evaluation Factors:
All information provided in the offeror’s proposal shall be evaluated in accordance with the following evaluation factors. All offerors must provide the requested information identified in Section E.1.3. Failure to provide the required documents will result in no further evaluation of the offeror’s proposal, thus, the offer will not be considered for award.
FACTOR 1: TECHNICAL
Bottled Water: Emergency Response & Steady State
Offerors will be evaluated on their ability to demonstrate technical sufficiency in their proposed technical approach to perform and support the requirements of the SOW.
The technical proposal will be evaluated on the offeror’s ability to meet the emergency response and steady state delivery specifications.
The Government will evaluate the Offeror’s ability to meet its maximum production capability and a plan to respond to emergency requests.
The Government will evaluate the Offeror’s ability to meet the minimum 24 month shelf life.
The Government will evaluate on the offeror’s ability to electronically monitor and report locations of shipments from origin to destination on a real time basis.
The Government will evaluate the Offeror’s ability to deliver a minimum of one (1) truckload of drinking water within 30 days of award to the FEMA Distribution Center as directed.
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The Government will evaluate each offeror’s ability to drop trailers for a minimum of 30 days at a disaster site during an emergency response. The technical proposal will also evaluate whether the Offeror’s product meet the packaging, packing, and marking requirements as specified in the SOW.
Extended Shelf life Water: Steady State (Optional)
Offerors will be evaluated on their ability to demonstrate technical sufficiency in their proposed technical approach to perform and support the requirements of the SOW.
The technical proposal will be evaluated on the offeror’s ability to meet the product requirement, the minimum shelf life, and the packaging standard as specified in the SOW.
The Government will evaluate the Offeror’s ability to track individual truckloads from origin to destination to provide immediate product location.
The Technical Evaluation Team will utilize the standards below to assist in the selection of technical adjectival ratings:
Evaluation Rating for Technical FactorsRating DefinitionAcceptable A The proposal meets all minimum requirements and demonstrates an acceptable
understanding of the goals and objectives of the acquisition. The Government has a reasonable expectation that the Offeror can/will successfully perform.
Unacceptable U The proposal fails to meet all minimum requirements and does not demonstrate an understanding of the goals and objectives of the acquisition. The Government has deemed the risk for potential unsuccessful performance has increased to the point that it is determined to not be the best interest of the Government to further consider the Offeror.
FACTOR 2: PAST PERFORMANCE
Past Performance will be evaluated as a measure of the Government’s confidence in the offeror’s ability to successfully perform the SOW. The Government will evaluated the submitted PPQs and may consider other relevant Past Performance information in its possession, such as that Past Performance Information Retrieval Systems (PPIRS).
If the Contractor fails to meet a technical rating of “Satisfactory” for Factor 2: Past Performance, the contractor will be eliminated from the competitive range and no other Factor: Subcontracting Plan, or Price will be evaluated or considered.
The Government will utilize the standards below to assist in the selection of Past Performance adjectival ratings:
Evaluation Ratings for Past PerformanceRating DefinitionSatisfactory S Based on the Offeror’s past performance record, it is likely that the
Offeror will successfully perform the required effort.Neutral N An offeror without relevant past performance, or for whom information
on past performance is not available, will be given a neutral rating. This is neither a negative or positive assessment.
Unsatisfactory U Based on the Offeror’s performance record, it is not likely that the offeror will successfully perform the required effort.
FACTOR 3: PRICE
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The Government will evaluate pricing for accuracy and completeness based on information submitted by the Offeror’s Volume III. This process will involve verification that figures are correctly calculated, pricing is presented in the requested format, and that the prices for proposed supplies and any applicable discounts are accurate. This factor will also be evaluated utilizing price analysis techniques identified in FAR Part 15.404-1. The analysis will include review of price reasonableness.
Offerors are cautioned that unreasonably high or unrealistically low prices may cause your proposal to be deemed unacceptable and rejected.
Price evaluation will be based on the average of unit costs for each CLIN/subCLIN. The average of each CLIN/subCLIN will be added for the base and each option year. The total for each year will be added to determine the total evaluated price as follows:
For Bottled Water proposed only:The average unit price of the subCLINs will be added for the base and each option year to determine the total evaluated price.
X0001(AA-AE) + X0002 (AA-AD) + X0003 (AA-AE) + X0005 + 0006* = Total Evaluated Price (TEP)*Only Base Year has 0006 Training cost
TEP will be utilized for LPTA determination.
Extended Shelf Life (Optional):
0004 (AA-AD) + 1004 (AA-AD) + 2004 (AA-AD) + 3004 (AA-AD) + 4004 (AA-AD) = Total Extended Shelf Life Water Price.
Total Extended Shelf Life Water price will be evaluated separately for Price Reasonableness analysis, and will not be included in the TEP for LPTA determination.
The Government will determine whether total evaluated prices are fair and reasonable in accordance with FAR 15.404-1(b) Price analysis for commercial and non-commercial items.
Evaluation of Options (FAR 52.217-5). The Government will evaluate offers for award purposes by adding the total price for all options. Evaluation of options will not obligate the Government to exercise the options(s).
Unbalanced Pricing. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced in accordance with FAR 15.404-1(g).
FACTOR 4: SMALL BUSINESS SUBCONTRACTING PLAN (Large Business only):
The Large Business Offeror’s proposed Small Business Subcontracting Plan Control Plan will be evaluated for adequacy, realism of the planned small business participation, and ensuring the required information, goals, and assurances are included. The Large Business Offerors will be evaluated on whether they submit a subcontracting plan in accordance with the requirements identified in the Department of Homeland Security Subcontracting Plan Review Checklist (DHS Form 700-23). See Attachment 5. Offerors will be evaluated on the level of commitment that they are demonstrating for the proposed acquisition—with respect to meeting FEMA’s small business subcontracting goals.
For the plan to be determined acceptable, the Offeror’s SBSP must have a “Yes” in all of the factors identified in the DHS SBSP Checklist. A “No” in any of the factors will result in the SBSP being rated not acceptable.
Evaluation Rating for Small Business Subcontracting Plan FactorsRating Definition
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(a) Technical and Past Performance, when combined, are lower than price
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
Addendum to 52.212-2
E.2.1 Provisions Incorporated by Reference
52.209-7 Information Regarding Responsibility Matters
52.216-27 Single or Multiple Awards (OCT 1995)
(End of Addendum to 52.212-2)
E.3: 52.212-3 Offeror Representations and Certifications-Commercial Items. (JAN 2017)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision-
Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
Arbitral award or decision means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
Civil judgment means-
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To
Acceptable A Meets all evaluation factors identified in DHS SBSP Checklist DHS Form 700-23.
Unacceptable U Fails to meet some or all of evaluation factors identified in DHS SBSP Checklist DHS Form 700-23.
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determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
DOL Guidance means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, 'Fair Pay and Safe Workplaces'". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Enforcement agency means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-
(1) Department of Labor Wage and Hour Division (WHD) for-
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act; and
(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for-
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for-
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
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(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
Forced or indentured child labor means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for itsnonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of whichcan be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Labor compliance agreement means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
Labor laws means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam EraVeterans' Readjustment Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
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(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
Labor law decision means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws".
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
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Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The
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extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock ofwhich is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or moreveterans.
Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
Women-owned small business concern means a small business concern-
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly ownedbusiness, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via theSAM website accessed through http://www.acquisition.gov. After reviewing the SAM databaseinformation, the offeror verifies by submission of this offer that the representations andcertifications currently posted electronically at FAR 52.212-3, Offeror Representations andCertifications-Commercial Items, have been entered or updated in the last 12 months, are current,accurate, complete, and applicable to this solicitation (including the business size standardapplicable to the NAICS code referenced for this solicitation), as of the date of this offer and areincorporated in this offer by reference (see FAR 4.1201), except for paragraphs _____.
(Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.)
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(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ___ is, ___ is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ___ is, ___ is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ___ is, ___ is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, ___ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, ___ is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. (Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.) The offeror represents that-
(i) It ___ is, ___ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. (The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _____________________________________.) Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. (Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.) The offeror represents that-
(i) It ___ is, ___ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. (The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________________.) Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
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Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ____________________.
(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that-
(i) It ____ is, ____ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It ____ is, ____ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. (The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________________.) Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246-
(1) Previous contracts and compliance. The offeror represents that-
(i) It ___ has, ___ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It ___ has, ___ has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that-
(i) It ___ has developed and has on file, ___ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It ___ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to
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provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
Line Item No.: _____________________________________________
Country of Origin:_________________________________________
(List as necessary)
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act"
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin_________________ ___________________________________ ____________________________________ __________________ (List as necessary)
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation
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entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."
Other Foreign End Products
Line Item No.: ______________________________
Country of Origin:__________________________
(List as necessary)
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.____________________________
_________________________________________
_________________________________________
$(List as necessary)
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No.
_________________
_________________
_________________
Country of Origin
_________________
_________________
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_________________
$(List as necessary)
(g)(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin_________________ __________________________________ __________________________________ _________________ (List as necessary)
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements".
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products:
Line item No. _________________________________
Country of origin _____________________________
(List as necessary)
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-
(1) ___ Are, ___ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
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(2) ___ Have, ___ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property,
(3) ___ Are, ___ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) ___ Have, ___ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this
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solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).)
(1) Listed end products.
Listed End Product
[ ]
[ ]
Listed Countries of Origin
[ ]
[ ]
(2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.)
___ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
___ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-
(1) ___ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) ___ Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.)
(1) [ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ___ does ___ does not certify that-
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
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(iii) The compensation (wage and fringe benefits) plan for all service employeesperforming work under the contract will be the same as that used for these employees andequivalent employees servicing the same equipment of commercial customers.
(2) [ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror ___ does ___ does notcertify that-
(i) The services under the contract are offered and sold regularly to non-Governmentalcustomers, and are provided by the offeror (or subcontractor in the case of an exemptsubcontract) to the general public in substantial quantities in the course of normalbusiness operations;
(ii) The contract services will be furnished at prices that are, or are based on, establishedcatalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spendonly a small portion of his or her time (a monthly average of less than 20 percent of theavailable hours on an annualized basis, or less than 20 percent of available hours duringthe contract period if the contract period is less than a month) servicing the Governmentcontract; and
(iv) The compensation (wage and fringe benefits) plan for all service employeesperforming work under the contract is the same as that used for these employees andequivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies-
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and theContracting Officer did not attach a Service Contract Labor Standards wagedetermination to the solicitation, the offeror shall notify the Contracting Officer as soonas possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails toexecute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact theContracting Officer as required in paragraph (k)(3)(i) of this clause.
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeroris required to provide this information to the SAM database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of thisprovision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d),reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulationsissued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amountsarising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If theresulting contract is subject to the payment reporting requirements described in FAR 4.904, theTIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror'sTIN.
(3) Taxpayer Identification Number (TIN).
[ ] TIN: ___________________.
[ ] TIN has been applied for.
[ ] TIN is not required because:
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[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
[ ] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other ___________.
(5) Common parent.
[ ] Offeror is not owned or controlled by a common parent;
[ ] Name and TIN of common parent:
Name ____________________.
TIN _____________________.
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. The Offeror represents that-
(i) It ___ is, ___ is not an inverted domestic corporation; and
(ii) It ___ is, ___ is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at [email protected].
(2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
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(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifer in the solicitation).
(1) The Offeror represents that it ___ has or ___ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code: [ ].
Immediate owner legal name: [(Do not use a "doing business as" name)].
Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code: [ ].
Highest-level owner legal name: [(Do not use a "doing business as" name)].
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) 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-
(i) 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
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determination that suspension or debarment is not necessary to protect the interests of the Government; or
(ii) 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.
(2) The Offeror represents that-
(i) 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
(ii) It is ___ is not ___ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it ___ is or ___ is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: __________________________ (or mark "Unknown").
Predecessor legal name: __________________________ (Do not use a "doing business as" name).
(s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision.
Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror ___ does ___ does not anticipate submitting an offer with an estimated contract value of greater than $50 million.
(ii) For solicitations issued after April 24, 2017: The Offeror ___ does ___ does not anticipate submitting an offer with an estimated contract value of greater than $500,000.
(2) If the Offeror checked "does" in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief (Offeror to check appropriate block):
___(i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or
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___(ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter.
(3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide-
(A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS):
(1) The labor law violated.
(2) The case number, inspection number, charge number, docket number, or other unique identification number.
(3) The date rendered.
(4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision;
(B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer, if the Contracting Officer requires it;
(C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and
(D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)).
(ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination.
(B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403.
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(4) The Offeror shall provide immediate written notice to the Contracting Officer if at any timeprior to contract award the Offeror learns that its representation at paragraph (s)(2) of thisprovision is no longer accurate.
(5) The representation in paragraph (s)(2) of this provision will be public information in theFederal Awardee Performance and Integrity Information System (FAPIIS).
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations thatrequire offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contractawards in the prior Federal fiscal year. The representation is optional if the Offeror received lessthan $7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. (Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)). (i) TheOfferor (itself or through its immediate owner or highest-level owner) ___ does, ___ does notpublicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web sitethe results of a greenhouse gas inventory, performed in accordance with an accounting standardwith publicly available and consistently applied criteria, such as the Greenhouse Gas ProtocolCorporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) ___ does,___ does not publicly disclose a quantitative greenhouse gas emissions reduction goal,i.e., make available on a publicly accessible Web site a target to reduce absoluteemissions or emissions intensity by a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized,third-party greenhouse gas emissions reporting program.
(3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively,the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissionsand/or reduction goals are reported.
(u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, 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.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable toStandard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (SensitiveCompartmented Information Nondisclosure Agreement), or any other form issued by a Federal departmentor agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its employeesor subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting orotherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuserelated to the performance of a Government contract to a designated investigative or law enforcementrepresentative of a Federal department or agency authorized to receive such information (e.g., agencyOffice of the Inspector General).
(End of provision)
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E.4 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 Monique Park Contracting Officer DHS/Federal Emergency Management Agency 500 C St SW 3rd Floor Washington, DC 24702
(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)
E.4.1 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS
Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for disputes resolution,Alternative Dispute Resolution (ADR).ADR is an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA’s ADR services, please contact FEMA’s ADR office at the following address:
Federal Emergency Management AgencyAlternative Dispute Resolution DivisionFEMA Office of Chief Counsel400 Virginia Avenue, SWWashington, DC 20472-3400
If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third-party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest.Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103.
A. Definitions.1. “Agency protest” is one that may be filed with either the contracting officer or the officer responsible for the resolution of all agency protests filed at the level above the contracting officer.
2. “Ombudsman” is the agency official above the level of the contacting officer designated by the Director of Acquisitions Operations to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the ombudsman.
3. “Day” is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is Saturday, Sunday, or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday, or a Federal holiday. Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open.
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B. Submission Guidelines.
1. Agency protests may be filed through the contracting officer or, at a level above the contracting officer, through the ombudsman either by facsimile transmission or by “CertifiedMail” (Return Receipt Requested) as follows:
Monique Park and Tyuana BaileyContracting Officer Agency Task Order OmbudsmanDHS/Federal Emergency DHS/Federal EmergencyManagement Agency Management Agency500 C St SW 3rd Floor 500 C St SW 3rd FloorWashington, DC 24702 Washington, DC 24702
2. The outside of the envelope or beginning of the FAX transmission must be marked“Agency Protest”. If the protester submits the protest directly through the ombudsman, the protester must also, within one (1) day of submitting the protest to the ombudsman, submit a copy of the protest to the responsible contracting officer either by FAX transmission or by “Certified Mail” (Return Receipt Requested).
3. To be filed on a given day, protests and any subsequent appeals must be received by 4:30p.m., current-local time. Any protests received after that time will be considered to be filed on the next day.
4. Protest submission will not be considered filed until all of the following information is provided:
a. The protester’s name, address, telephone number and fax number;
b. The solicitation or contract number;
c. A detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced;
d. Copies of relevant documents;
e. A request for ruling by the agency;
f. A statement detailing the form of relief requested;
g. All information establishing that the protester is an interested party for the purposes of filings a protest; and
h. All information establishing the timeliness of the protest.
5. All protests must be signed by an authorized representative of the protester; and must be addressed to the contracting officer or the ombudsman. C. Timeliness/Resolution of Protests.
1. Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation.
2. Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held.
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3. Protests filed through the contracting officer within 20 days after the protest is filed through the contractingofficer, the contracting officer will send a written ruling and a summary of the reasons supporting the ruling to theprotester by “Certified Mail (Return Receipt Requested)”.
D. Appeals.1. Protesters who filed protests through the contracting officer may, within five days of receipt of the contractingofficer’s written ruling, appeal to the ombudsman.
2. Requests for appellate review must be submitted to the ombudsman by facsimile transmission or by “CertifiedMail” (Return Receipt Requested).
3. The ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by“Certified Mail (Return Receipt Requested)” within 10 days of receipt of the request for appellate review of thecontracting officer’s decision.4. In accordance with FAR 33.103(d)(4) and 4 C.F.R. 21.2(a)(3), if there is an agency appellate review of thecontracting officer’s decision on the protest, it will not extend GAO’s timeliness requirements. Therefore, anysubsequent protest to the GAO must be filed within 10 days of knowledge of initial adverse agency action.
E. Protests filed through the ombudsman:
1. If the protester protests directly through the ombudsman, the ombudsman will send a written ruling and asummary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt Requested)” within35 days after the protest was filed.
2. Protests filed directly through the ombudsman cannot be appealed within the agency.
F. Dismissal of Protests. The agency may dismiss protests when protesters file protests through the GAO or CFCwhile their protests are pending at the agency level; and for failure to comply with any of the requirements of theseagency protest procedures. For example, the agency may dismiss protests that are procedurally or substantivelydefective (e.g., the protest is untimely or the protest fails to clearly state legally sufficient grounds of protests).
Attachment 1 Water Price Schedule
Units (Quantities in Liters)18,000 - 500,000 500,001 - 1,000,000 1,000,001 - 2,500,000 2,500,001 - 3,500,000 3,500,001 - 5,500,000 ≥ 5,500,501
Period of CLIN # Description UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE
Perf0001 Bottled Water 24 months shelf life for steady stay0001AA Bottled Water - Steady State Site 1 (DC Atlanta)0001AB Bottled Water - Steady State Site 2 (DC Ft Worth)0001AC Bottled Water - Steady State Site 3 (DC Frederick)0001AD Bottled Water - Steady State Site 4 (THU Cumberland)0001AE Bottled Water - Steady State Site 5 (DC Moffett)0002 Bottled Water 24 months- Emergency0002AA Bottled Water - Emergency Site Zone 10002AB Bottled Water - Emergency Site Zone 20002AC Bottled Water - Emergency Site Zone 30002AD Bottled Water - Emergency Site Zone 4
BASE 0003 TransportationYEAR 0003AA Drop Trailer Rate (per day)
0003AB Diversion Rate (per mile)0003AC Labor (Driver) Rate (per hour)0003AD Power only to Transport Loaded Trailer (per mile)0003AE Power and Trailer Transport (per mile)0004 OPTIONAL - Extended Shelf Life Water (60 Months shelf Life)0004AA Extended Shelf Life Water - DC Caribbean0004AB Extended Shelf Life Water - DC Guam0004AC Extended Shelf Life Water - DC Hawaii0004AD Extended Shelf Life Water - DC Moffett0005 Restocking Fee0006 Training - Cost Reimbursable, Not-to-Exceed $2,000 1001 Option I -Bottled water 24 months Shelf Life1001AA Bottled Water - Steady State Site 1 (DC Atlanta)1001AB Bottled Water - Steady State Site 2 (DC Ft Worth)1001AC Bottled Water - Steady State Site 3 (DC Frederick)1001AD Bottled Water - Steady State Site 4 (THU Cumberland)1001AE Bottled Water - Steady State Site 5 (DC Moffett)1002 Option I -Bottled water 24 months Shelf Life- Emergency1002AA Bottled Water - Emergency Site Zone 11002AB Bottled Water - Emergency Site Zone 21002AC Bottled Water - Emergency Site Zone 31002AD Bottled Water - Emergency Site Zone 4OPTION 1003 Option I -Transportation
YEAR 11003AA Drop Trailer Rate (per day)1003AB Diversion Rate (per mile)1003AC Labor (Driver) Rate (per hour)1003AD Power only to Transport Loaded Trailer (per mile)1003AE Power and Trailer Transport (per mile)1004 OPTIONAL - Option I Extended Shelf Life Water (60 Months shelf Life)1004AA Option I: Extended Shelf Life Water - DC Caribbean1004AB Option I: Extended Shelf Life Water - DC Guam1004AC Option I: Extended Shelf Life Water - DC Hawaii1004AD Option I: Extended Shelf Life Water - DC Moffett1005 Restocking Fee
Units (Quantities in Liters)18,000 - 500,000 500,001 - 1,000,000 1,000,001 - 2,500,000 2,500,001 - 3,500,000 3,500,001 - 5,500,000 ≥ 5,500,501
Period of Perf
CLIN # Description UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE
OPTION YEAR 2
20012001AA
Option II -Bottled water 24 months Shelf LifeBottled Water - Steady State Site 1 (DC Atlanta)
2001AB Bottled Water - Steady State Site 2 (DC Ft Worth)2001AC Bottled Water - Steady State Site 3 (DC Frederick)2001AD Bottled Water - Steady State Site 4 (THU Cumberland)2001AE Bottled Water - Steady State Site 5 (DC Moffett)2002 Option II -Bottled water 24 months Shelf Life- Emergency2002AA Bottled Water - Emergency Site Zone 12002AB Bottled Water - Emergency Site Zone 22002AC Bottled Water - Emergency Site Zone 32002AD Bottled Water - Emergency Site Zone 42003 Option II -Transportation2003AA Drop Trailer Rate (per day)2003AB Diversion Rate (per mile)2003AC Labor (Driver) Rate (per hour)2003AD Power only to Transport Loaded Trailer (per mile)2003AE Power and Trailer Transport (per mile)2004 OPTIONAL - Option II Extended Shelf Life Water (60 Months shelf Life)2004AA Option II: Extended Shelf Life Water - DC Caribbean2004AB Option II: Extended Shelf Life Water - DC Guam2004AC Option II: Extended Shelf Life Water - DC Hawaii2004AD Option II: Extended Shelf Life Water - DC Moffett2005 Restocking Fee
OPTION YEAR 3
3001 Option III -Bottled water 24 months Shelf Life3001AA Bottled Water - Steady State Site 1 (DC Atlanta)3001AB Bottled Water - Steady State Site 2 (DC Ft Worth)3001AC Bottled Water - Steady State Site 3 (DC Frederick)3001AD Bottled Water - Steady State Site 4 (THU Cumberland)3001AE Bottled Water - Steady State Site 5 (DC Moffett)3002 Option III -Bottled water 24 months Shelf Life- Emergency3002AA Bottled Water - Emergency Site Zone 13002AB Bottled Water - Emergency Site Zone 23002AC Bottled Water - Emergency Site Zone 33002AD Bottled Water - Emergency Site Zone 43003 Option III -Transportation3003AA Drop Trailer Rate (per day)3003AB Diversion Rate (per mile)3003AC Labor (Driver) Rate (per hour)3003AD Power only to Transport Loaded Trailer (per mile)3003AE Power and Trailer Transport (per mile)3004 OPTIONAL - Option III Extended Shelf Life Water (60 Months shelf Life)3004AA Option III: Extended Shelf Life Water - DC Caribbean3004AB Option III: Extended Shelf Life Water - DC Guam3004AC Option III: Extended Shelf Life Water - DC Guam3004AD Option III: Extended Shelf Life Water - DC Moffett3005 Restocking Fee
Units (Quantities in Liters)18,000 - 500,000 500,001 - 1,000,000 1,000,001 - 2,500,000 2,500,001 - 3,500,000 3,500,001 - 5,500,000 ≥ 5,500,501
Period of Perf
CLIN # Description UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE
OPTION YEAR 4
40014001AA
Option IV Bottled water 24 months Shelf LifeBottled Water - Steady State Site 1 (DC Atlanta)
4001AB Bottled Water - Steady State Site 2 (DC Ft Worth)4001AC Bottled Water - Steady State Site 3 (DC Frederick)4001AD Bottled Water - Steady State Site 4 (THU Cumberland)4001AE Bottled Water - Steady State Site 5 (DC Moffett)4002 Option IV Bottled water 24 months Shelf Life- Emergency4002AA Bottled Water - Emergency Site Zone 14002AB Bottled Water - Emergency Site Zone 24002AC Bottled Water - Emergency Site Zone 34002AD Bottled Water - Emergency Site Zone 44003 Option IV Transportation4003AA Drop Trailer Rate (per day)4003AB Diversion Rate (per mile)4003AC Labor (Driver) Rate (per hour)4003AD Power only to Transport Loaded Trailer (per mile)4003AE Power and Trailer Transport (per mile)4004 OPTIONAL - Option IV Extended Shelf Life Water (60 Months shelf Life)4004AA Option IV: Extended Shelf Life Water - DC Caribbean4004AB Option IV: Extended Shelf Life Water - DC Guam4004AC Option IV: Extended Shelf Life Water -DC Hawaii4004AD Option IV: Extended Shelf Life Water -DC Moffett4005 Restocking Fee
HSFE70-17-R-0019 Attachment 2
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DEPARTMENT OF HOMELAND SECURITY (DHS)
Statement of Work (SOW) For
Bottled Drinking Water (Replenishment/Emergency Declaration)
HSFE70-17-R-0019 Attachment 2
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I. PURPOSE
The purpose of this Indefinite Delivery/Quantity contract vehicle is to provide bottled drinking water for Steady State and Presidentially declared Emergency Responses to the Federal Emergency Management Agency (FEMA).
II. SCOPE
The Contractor shall furnish all professional, technical and clerical services, as well as materials, equipment and facilities, to meet the stated specifications and the project requirements as defined in this SOW.
III. DEFINITIONS
a. Steady State: Commodities required for stock replenishment during normaloperations in preparation for emergency response operations.
b. Emergency Response/Surge Operations: Commodities required for an immediateneed in support of national emergencies that may be man-made, natural disasters or aNational Special Security Event.
c. Truckload (TL): FEMA is estimating 18,000 liters per 53ft trailer to be the industrystandard.
d. Tracking Capability: Contractor shall have the capability to track individualtruckloads by using a satellite tracking system or equivalent to provide immediateproduct location.
IV. SPECIFIC WATER REQUIREMENTS
Quantity: A minimum of 18,000 liters and maximum of 2,700,000 liters per delivery order. Water will be delivered to FEMA’s contiguous United States (CONUS) Distribution Centers or to Incident Support Base (ISB) or Staging Area (SA) to meet the required delivery date as prescribed below in Deliverables and Delivery Schedule.
Product Standards: Acceptable types of water are purified or spring water. All water shall be of domestic origin. All water shall be produced, packaged, labeled, transported, stored and handled in accordance with Title 21, Code of Federal Regulations, Parts 101, 110, 129 and 165 and all other applicable Federal, state, and local laws and regulations. All bottles of water must contain an expiration or “best if used by” date that is no sooner than 24 months from the date of delivery or as negotiated by the Contracting Officer (CO).
Primary Container: The water shall be packaged in single-service polyethylene terephthalate (PET) bottles with flat caps or similar packages suitable for water consumption. Primary bottles shall be 1 liter in size. Alternative sizes and containers may be acceptable during an emergency response as negotiated by the Contracting Officer (CO). (Generally 0.5 liter is requested in those circumstances).
HSFE70-17-R-0019 Attachment 2
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Packaging of Shipping Cases: Water shall be packed in the vendor’s standard commercial casing, which shall be shipped on industry standard size pallets (48L inches by 40W inches, 4-way). Pallets must arrive stretch-wrapped with no less than 10 layers of covering. Material shall be stacked so the total height of each pallet and material does not exceed 55 inches. Pallets shall be hardwood and designed for pickup from all four sides. Shoring and bracing shall be used to prevent shifting during transit. Contractor shall use edge protectors, angle boards or corner protectors on each pallet to prevent shifting and reduce damages during movement
V. DELIVERABLES AND DELIVERY SCHEDULE
The Contractor shall be able to accommodate requirements during periods of Steady State and Emergency Response operations. The Contractor shall provide a primary and alternate (if applicable) Point-of-Contact person(s) who will have the authority to commit the company, as required to execute any and all Delivery Orders. During an emergency response, this or these individual(s) must be available to initiate Delivery Surge Order production 24 hours/7 days per week, including telephone/pager numbers/email for 24-hour contact.
a. Deliverables:
1. Steady State:During steady state actions, if no Emergency Response/Surge Operations haveoccurred during the same contract period, the Contractor shall be capable ofdelivering a minimum of one (1) truckload of drinking water within 30 days of awardof a delivery order. This shipment will be delivered to a FEMA Distribution Center asdirected by the Contracting Officer (CO) or Contracting Officer Representative(COR).
2. Disaster Emergency Response/ Surge Operations:• During an emergency response operation, FEMA requires the Contractor to
have the capability to provide up to 900,000 liters (50TL) per day within 24hours of Authorization To Proceed (ATP), with not-to-exceed 2,700,000 liters(150TL) total delivery by Day 3 (within 72 hours of ATP).
• During an emergency response, the expected product shelf life shall be aminimum of 24 months (18 months of remaining shelf life may be acceptedduring an emergency response) from the date of delivery unless otherwiseapproved by the COR or as negotiated by the CO.
• During an emergency response, the Contractor shall deliver bottled drinkingwater to the event site anywhere in the contiguous United States and drop thetrailers. All emergency response delivery orders shall be dropped at the ISB,SA or alternative location as negotiated by the CO. The trailers may remain inthe Government’s possession as long as 30 days or greater.
• During an emergency response, the Contractor shall also have the capability toprovide various transportation options:
o Pick up water from the Distribution Center and deliver it to alocation specified by FEMA. This includes moving water that wasdelivered to an ISB.
HSFE70-17-R-0019 Attachment 2
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o Diverting water from an originally specified location to anotherlocation.
o Adding mileage onto an originally scheduled location.o Moving trailers to alternate locations with limited notice.o Be ready for other water delivery situations that may arise during
an event, and be adaptable enough to accommodate any otherrequests from the CO/COR, within reason.
• Upon conclusion of the emergency response the Government will either notifythe Contractor of the trailer location for retrieval or deliver the trailer to theContractor location. Detention charges will cease @ 1600 local time on theday of retrieval notification email.
• Note – Proposed Locations: Contractor should be able to support thefollowing geographical areas.
o All CONUS/ outside contiguous United States (OCONUS)o The four regions specified in Appendix 1
b. Tracking Capability for Steady State and Emergency Response
• The Contractor shall electronically track and monitor shipments from its placeof origin to the destination (Example; real time GPS) and be able to providereal-time position to the Government.
c. Contracting Required Training:
• During the base year of the contract period of performance, and once again infuture years if FEMA transitions to a new system, FEMA will require at leasttwo (2) individuals from the Contractor’s staff to be trained in the agency’sinventory system of record: Logistics Supply Chain Management System(LSCMS). This training will allow Contractor to enter individual shipmentsfor FEMA’s visibility. The training will take place in person at FEMA HQ,Washington, DC, and be for one day.
VI. PERIOD OF PERFORMANCE
The period of performance shall be one (1) base year with four (4) one-year option periods.
VII. DELIVERY LOCATIONS & RECEIVING HOURS
For Steady State, the Government will require delivery to the following Distribution Centers (DCs):
DC Frederick 08:00 – 14:00 Mon- Fri Department of Homeland Security/FEMA-Frederick 4420 Buckeystown Pike Frederick, MD 21704
HSFE70-17-R-0019 Attachment 2
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THU Cumberland 08:00 – 14:00 Mon- Fri Department of Homeland Security/FEMA-Cumberland 11601 PPG Road Cumberland, MD 21502
DC Fort Worth 08:00 – 14:00 Mon- Fri Fort Worth Federal Center 501 W Felix Street Bldg 12 Fort Worth, TX 76115
DC Atlanta 08:00 – 14:00 Mon- Fri 3780 South Side Industrial Court Atlanta, GA 30354
DC Moffett 08:00 – 14:00 Mon- Fri NASA Ames Research Center Bldg 144, Door 7 Moffett Field, CA 94035
Hours of Performance: The vendor shall schedule all delivery activities with the appropriate delivery point of contact after award. During an emergency declaration, delivery must commence within 24 hours of delivery order award. Exact time will be provided in the Delivery Order Request for Quote. During steady state, delivery acceptance will be between the operating hours of Mon – Fri 8am – 2pm local time unless otherwise stated.
VIII. RECORD KEEPING AND ACCEPTANCE:
The Contractor shall ensure a FEMA representative signs for receipt of water at each location at the time of delivery. This signature(s) does not imply inspection & acceptance. The signature only acknowledges the delivery was made. Inspection will be made at the point of final destination; any defects or hidden or latent discrepancies/deficiencies will be reported to the CO or COR.
Contractor shall maintain accurate records of all shipments and deliveries, and ensure that proper signatures by a FEMA representative are obtained for tracking and accountability purposes, in accordance with government regulations. This signature shall be a legal, legible name; not “FEMA Received.”
Contractors shall provide an electronic spreadsheet showing details of commodity shipped from place of origin to destination to COR. At a minimum the electronic spreadsheet must provide these details: Load number, Bill of Lading (BOL) number, nomenclature and units shipped, carrier, truck number, trailer number, place of origin, and destination.
IX. DELIVERY SCHEDULE
HSFE70-17-R-0019 Attachment 2
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Each vendor shall include a proposed delivery schedule for each delivery order issued. Please be aware the proposed delivery schedule provided by the vendor is subject to change due to a FEMA emergency response requirement or an unforeseen priority replenishment requirement. In the event of a change, the FEMA Contracting Officer’s Representative (COR) will coordinate with the contractor and the delivery points of contact to redirect deliveries to the new destination. The contractor is responsible for complying with the delivery schedule and must immediately notify the Contracting Officer or their designated representative of any issues that may affect the vendor’s ability to meet the delivery. Contractors shall be able to track deliveries from point-of-shipment to point–of-receipt. If a change in destination increases cost, you are not authorized to change destination or schedule without the Contracting Officer’s authorization.
X. ADDITIONAL CONTRACT REQUIREMENTS
• Drop Trailer (CLIN X003AA) - Contractor might be required to drop trailer for anupwards to 30 days or more. They will be billed at flat rate per day, based on actual dropdays. The contractor will be contacted for trailer pickup at which point daily rate willstop accruing.
• Diversion Mileage (CLIN X003AB) - Sometimes an event or storm shifts directions andimpacts several states. This causes FEMA to re-direct the Contractor deliveries that havenot reached their original destination. If the change of drop off location occurs beyond50 miles radius of the original destination point, then the Contractor will bill FEMA atper mile rate for diversions. The diversion mileage will be calculated from the originaldestination point to the re-directed destination point. The Contractor cannot chargediversion if they have not left the point of origin. The diversion mileage will not beincurred for drop off location changes within 50 mile radius of the original destinationpoint.
• Driver Hour (CLIN X003AC) – Once the Contractor arrives at the destination point, itmay take up to four (4) hours for trailer drop coordination. In case of gate delaysinhibiting trailer drop off exceeding four (4) hours and fifteen (15) minutes, theContractor is allowed hourly charge for the waiting period. The trailer’s real-timeposition must be verifiable via electronic tracking system to demonstrate that waitingperiod extended beyond 4 hours and 15 minutes. FEMA must be notified immediately ifpotential gate delays is expected. The Contractor may bill at a minimum of one (1) hourfor the waiting time.
• Power Only to Transport Loaded Trailer (CLIN X003AD) – The Contractor willprovide power only to a FEMA destination to transport a loaded trailer. This will bebilled based on mileage from FEMA pick up point to drop off location. FEMA maychange the drop off location up to 50 mile radius which will not incur additional mileage.If the drop off location changes beyond 50 mile radius, then diversion mileage rate willbe incurred.
• Power and Trailer to Transport Inventory (CLIN X003AE) – The Contractorprovides power and trailer to move FEMA inventory from Distribution Center to eventsite. This will be billed on mileage from FEMA pick up point to drop off location.FEMA may change the drop off location up to 50 mile radius which will not incuradditional mileage. If the drop off location changes beyond 50 mile radius, thendiversion mileage rate will be incurred.
HSFE70-17-R-0019 Attachment 2
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• Restocking Fee (CLIN X005) - The initial ordered quantity either decreases or the orderis cancelled. The fee covers the costs of restocking decreased or cancelled order to theContractor.
HSFE70-17-R-0019 Attachment 2
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Attachment 1
For this requirement, FEMA has divided the 48 contiguous states into four geographical zones:
Zone 1 – Southeast: includes the states of Texas, Oklahoma, Arkansas, Virginia, West Virginia, Maryland, Delaware, Kentucky, Tennessee, Louisiana, Mississippi, Alabama, South Carolina, North Carolina, Georgia and Florida.
Zone 2 includes the states of New Jersey, New York, Pennsylvania, Connecticut, Rhode Island, Massachusetts, New Hampshire, Vermont and Maine.
Zone 3 includes the states of North Dakota, South Dakota, Nebraska, Kansas, Minnesota, Iowa, Missouri, Wisconsin, Illinois, Michigan, Indiana, and Ohio.
Zone 4 includes the states of Washington, Oregon, California, Idaho, Nevada, Montana, Wyoming, Utah, Arizona, Colorado, and New Mexico.
OCONUS Locations include: Hawaii, Alaska, The Caribbean, and Guam.
HSFE70-17-R-0019 Attachment 3
1
DEPARTMENT OF HOMELAND SECURITY (DHS)
OPTIONAL
Statement of Work (SOW) For
Extended Shelf Life Water (Replenishment)
HSFE70-17-R-0019 Attachment 3
2
I. PURPOSE
The purpose of this Indefinite Delivery/Quantity contract vehicle is to provide extended shelf life drinking water in biodegradable packaging for replenishment of the Federal Emergency Management Agency (FEMA) inventory. FEMA is purchasing and pre-staging alternatives to bottled water for use in areas with historically low demand and potential high disaster survivor population density (i.e. AZ, CA & NV).
II. SCOPE
The Contractor shall furnish all professional, technical and clerical services, as well as materials, equipment and facilities, to meet the stated specifications and the project requirements as defined in this SOW.
III. DEFINITIONS
a. Extended Shelf Life: A minimum of 60 months from date of delivery.b. Steady State: Commodities required for stock replenishment during normal
operations in preparation for emergency response operations.c. Truckload (TL): FEMA is estimating 18,000 liters per 53ft shipping trailer.d. Tracking Capability: The Contractor shall have the capability to track individual
truckloads by using a satellite tracking system or equivalent to provide location ofany product while in transit.
IV. SPECIFIC REQUIREMENTS
Quantity: A minimum of 18,000 liters and maximum of 150,000 liters of water per delivery order. Quantities ordered must be delivered to FEMA’s CONUS and OCONUS Distribution Centers to meet the required delivery date as prescribed below in Deliverables and Delivery Schedule.
Product Standards: Acceptable types of water are purified or spring water as defined in 21 CFR § 165.110. All water shall be of domestic origin. All water shall be produced, packaged, labeled,transported, stored and handled in accordance with Title 21, Code of Federal Regulations, Parts101, 110, 129 and 165 and all other applicable Federal, state, and local laws and regulations.The water shall expire no sooner than 60 months from the date of delivery.
Primary Container: The water shall be packaged in a 1-liter re-closable and biodegradable packaging (box, pouch or similar biodegradable package) suitable for water consumption. The container shall not contain any sharp edges that could possibly injure the user. Offeror shall submit one (1) non-returnable sample with their proposal.
Packaging of Shipping Cases: Water shall be packed in the contractor’s standard commercial casing, which shall be shipped on industry standard size pallets (48 inches by 40 inches, 4-way). Pallets of water shall be fully covered on all sides (excluding the top and bottom) with a minimum of (10) layer of stretch-wrap. The stretch wrap shall extend over the top of the
HSFE70-17-R-0019 Attachment 3
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packaged product by a minimum of six inches. Additional cardboard support should be placed between each level to prevent sagging. Material shall be stacked so the total height of each pallet and material does not exceed 55 inches. Pallets shall be hardwood and designed for pickup from all four sides. The Contractor shall ensure that the liters of water are packaged to withstand such handling as well as severe climatic conditions. Contractor shall use edge protectors, angle boards or corner protectors on each pallet to prevent shifting and reduce damages during movement
V. DELIVERABLES AND DELIVERY SCHEDULE
The Contractor shall be able to accommodate requirements during periods of Steady State operations.
VI. PERIOD OF PERFORMANCE
The period of performance shall be one (1) base year with four (4) one-year option periods.
VII. DELIVERY LOCATIONSThe Government will require delivery to the following Distribution Centers (DCs):
DC Guam 08:00 – 14:00 Mon- Fri Bldg 100 FEDAAC 70X454 Barrigada, GU 96913
DC Hawaii 08:00 – 14:00 Mon- Fri 99-1269 Iweana StreetFEDAAC 709242Aiea, HI 96701
DC Moffett 08:00 – 14:00 Mon- Fri NASA Ames Research Center Bldg 144, Door 7 Moffett Field, CA 94035
DC Caribbean 08:00 – 14:00 Mon- Fri Industrial Park PR-1, KM 25.1 FEDAAC 70F337 Caguas, PR 00725
Hours of Performance: The vendor shall schedule all delivery activities with the appropriate delivery point of contact after award. Unless stated otherwise, delivery acceptance hours are Mon – Fri 8am-2pm for that particular time zone.
HSFE70-17-R-0019 Attachment 3
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VIII. DELIVERY SCHEDULE
The Contractor shall include a proposed delivery schedule for each delivery order issued. The Contractor is responsible for complying with the delivery schedule and must immediately notify the contracting officer or their designated representative of any issues that may affect the contractor’s ability to meet the delivery. Contractors shall be able to track deliveries from point–of-shipment to point–of-receipt.
IX. ADDITIONAL CONTRACT REQUIREMENTS
Diversion Mileage (CLIN X0003AB): Sometimes an event or storm shifts directions and impacts several states. This causes FEMA to re-direct the Contractor water deliveries that have not reached their original destination. When there is a diversion, the Contractor will bill FEMA at a per mile rate for these diversions. The Contractor cannot charge diversion if they have not left the point of origin.
Attachment 4 – TASK ORDER INSTRUCTIONS
Bottled and Extended Shelf Life Water HSFE70-17-R-0019
1
1. Issuing of Task Order A written or electronic notice will be issued by the Government prior to issuance of a formal written Task Order. The notice will specify the Government's requirement, authorize the Contractor to perform a preliminary assessment of the Government's requirement, and request a proposal for the required effort. The Request(s) for Proposals (RFPs) will be submitted to the contractor(s)’ 24-hour Points of Contact (POCs), at their respective e-mail address(es), and/or via telephone call(s) to the designated, 24-hour POCs. Contractor(s)’ pricing proposals shall be honored for a minimum of 30 days. Contractors are strongly encouraged to offer discounted pricing. The notice may also authorize the Contractor(s) to begin mobilization based on urgency. The notice will be limited to a specified period of performance and ordering amount. Each notice will specify the supplies, the delivery location and the Period of Performance (POP). Oral or email orders will be allowed under this contract. Such orders will be confirmed by a written task order within five (5) business days following placement of the verbal order or email. 2. Ordering Methods a. The Government will order any services to be furnished under this contract by written task orders (Standard Form 1449) issued by the Contracting Officer (CO), from the effective date of the contract through the expiration date of the contract. b. The Standard Form 30 will be the form used to modify the contract and the task orders. Written bilateral contract or task order modifications shall be sent to the contractor(s)’ 24-hour POCs e-mail address(es). c. The Contractor(s) shall be required to deliver products and provide services as specified in the task order, including deliveries which are changed via any contract modification while contractor(s) is/are currently enroute to any given work location, i.e., re-routed. d. Contractor(s) shall not begin any work without written documentation signed by the Contracting Officer (Notice-To-Proceed or Task Order). If the task order is issued orally, a hard copy of the task order will follow within five (5) business days. Only the Contracting Officer is authorized to place oral orders under this contract. 3. Competition of Task Orders The Government will compete each task order. In accordance with FAR 16.505(b)(1)(i), contractor(s) will be given fair opportunity to be considered for each task order exceeding $3,000, the exception at (b)(2) of this section notwithstanding. The proposals for task orders will be evaluated on a Lowest Priced Technically Acceptable (LPTA) basis. The evaluation criteria consists of the following: Technical, Past Performance, Price, and Subcontracting Plan where applicable Upon signature by the Contracting Officer, each Task Order is considered fully executed, binding and contractor(s) shall be prepared and ready for commencement of work. Each Task Order will be forwarded promptly to the Contractor(s)’ 24-hour POCs.
Attachment 4 – TASK ORDER INSTRUCTIONS
Bottled and Extended Shelf Life Water HSFE70-17-R-0019
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Contractor(s) shall have a minimum of one (1) and a maximum of four (4) hours to confirm receipt, accept, and return any executed, i.e., signed, Task Order. Executed task orders, at the minimum, shall be returned to the government in writing, via e-mail. At the minimum, contract awardee(s) shall send an e-mail to the Contracting Officer, to the Contract Specialist, and to the Contracting Officer Representative at the respective e-mail addresses itemized within Section B. 8 Identification of Government Officials. In accordance with the terms of each executed Task Order, the following information, at a minimum, will be included: contractor's name, contract number, task order number and the specific Contract Line Item Number(s) (CLINs). The description of task(s), quantities ordered, delivery dates, performance period, disaster number if applicable, specific location of work performance, the Not to Exceed (NTE) cost of any awarded Task Order and the applicable accounting and appropriations data will also be included. 4. Closeout of Task Orders All task orders issued under this contract shall be closed out in accordance with FAR Subpart 4.805 and established FEMA policy. Upon completion of each Task Order and the receipt of the final voucher, the Government will begin closeout procedures.
II. REQUIRED ELEMENTS OF THE SUBCONTRACTING PLAN
DEPARTMENT OF HOMELAND SECURITY DHS SUBCONTRACTING PLAN
REVIEW CHECKLIST
All items on this checklist should be completed with information from the proposed prime contract and the subcontracting plan. If the plan is missing any item listed in Section II, "Required Elements of the Subcontracting Plan", it is incomplete and shall not be accepted by the Contracting Officer. After the completed plan is reviewed by the component Small Business Specialist (SBS), it shall be submitted to the SBA Procurement Center Representative (PCR) for review. An acceptable plan must be approved by the Contracting Officer (CO) prior to contract award.
DHS Form 700-23 (5/16)
Contractor/Address:
Contract Number: Contract Value: Base Options
Expiration Date: Base Options
Product or Service:
I. TYPE OF SUBCONTRACTING PLAN (check one)Individual Contract PlanMaster Plan with Individual GoalsCommercial Products Plan
YES NO
A. PLAN ADMINISTRATOR
1. Administrator's Name Telephone #
2. Description of his/her duties relating to the administration of this subcontracting plan.
B. EFFORTS TO ENSURE EQUITABLE OPPORTUNITY
Description of efforts to assure that small businesses have an equitable opportunity to compete for subcontracts.
C. CLAUSE INCLUSION AND FLOW DOWN
1. FAR 52.219-8 will be included in all subcontracts which offer further subcontracting opportunities.
2. Subcontractors, except small businesses, who receive subcontracts over the applicable threshold ($700,000 or $1,500,000 for construction) will adopt a similar subcontracting plan.
D. REPORTING AND COOPERATION
1. Agreement to submit reports into eSRS (ISR & SSR); and
2. Agreement to cooperate in studies, surveys, etc. conducted by the ACO, PCO, SBA and others.
Page 1 of 3
DHS Form 700-23 (5/16)
1. Description of records maintained to show compliance with plan requirements and procedures.
2. Source lists and vendor data on SB, SDB, WOB, HUBZone, VOSB & SDVOSB concerns.
3. Lists of organizations contacted for sources.
4. For each contract, bidder's lists on subcontract solicitations over $150,000 (explain absence of SB, SDB, WOB, HUBZone, VOSB, or SDVOSB concerns) and reasons if responding SB concerns failed to receive award.
5. Efforts made to develop SB, SDB, WOB, HUBZone, VOSB & SDVOSB sources.
6. Description of buyer training and monitoring.
7. For other than Commercial Plans, on each subcontract, name, address, size and business type of awardee.
1. Total SubcontractingBase Period 1st Option 2nd Option 3rd Option 4th Option
$ $ $ $ $
2. Small Business Subcontracting (subset of item 1)Base Period 1st Option 2nd Option 3rd Option 4th Option
$ $ $ $ $
3. Small Disadvantaged Business Subcontracting (subset of item 2)Base Period 1st Option 2nd Option 3rd Option 4th Option
$ $ $ $ $
4. Women-Owned Small Business Subcontracting (subset of item 2)Base Period 1st Option 2nd Option 3rd Option 4th Option
$ $ $ $ $
5. HUBZone Small Business Subcontracting (subset of item 2)Base Period 1st Option 2nd Option 3rd Option 4th Option
$ $ $ $ $
6. Veteran-Owned Small Business Subcontracting (subset of item 2)Base Period 1st Option 2nd Option 3rd Option 4th Option
$ $ $ $ $
7. Service Disabled Veteran-Owned Small Business Subcontracting (subset of item 2)Base Period 1st Option 2nd Option 3rd Option 4th Option
$ $ $ $ $
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Page 2 of 3
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E. RECORD KEEPING NOYES
F. DESCRIPTION OF GOOD FAITH EFFORTS TO ACHIEVE THE PLAN
G. GOALS (Note: % are calculated against the total subcontracting dollars in item #1)
8. Description of subcontracted items and services:
9. Description of method of developing goals.
10. Are overhead and other indirect costs included in the plan goals?
11. If yes, description of method allocating these costs to the plan.
12. Description of method of identifying sources to solicit.
13. Timely payments to subcontractors.
A. Sources checked to determine contractor compliance with previous subcontracting plans and verify reasonableness of proposed goals: 1. SBA Regional Procurement Assistance staff
2. Defense Contract Management Command (DCMC) Small Business Specialist:
Rating:
3. Other Agency Contracting Officers: No Yes, Name:
B. Copy of approval letter for Commercial Products Plan.
C. Copy of letter approving administrative elements of Master Plan.
D. Master Plan includes separate goals.
E. Plan demonstrates the Contractor's good faith efforts to use small business concerns as subcontractors to the maximum extent practicable.
IV. SIGNATURES/REVIEW
Name/Small Business Specialist Date
DateName/SBA/PCR
ACCEPT/APPROVAL
Name/Contracting Officer Date
Page 3 of 3DHS Form 700-23 (5/16)
NOYES
NOYES
H. DESCRIPTIONS AND EXPLANATIONS
N/A
III. PLAN EVALUATION
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Attachment 6
Past Performance Questionnaire (PPQ)
A. CERTIFICATION
By law, the Government will not disclose the names of individuals providing reference information duringdiscussionswiththecontractor identified in Block 1 below. Block 1. Contractor Name: Block 2. Contractor phone number and address:
PAST PERFORMANCE QUESTIONNAIRE The Department of Homeland Security (DHS), FEMA, recently released a
Request for Proposal: HSFE70-17-R-0019 for Bottled Water and or Extended Shelf Life Water. Offerors were asked to provide information on contracts similar in nature, size and complexity to the present requirement on which they had performed in the past. An offeror has submitted this to you as a reference for past performance. (See blocks 1 to 3 below).
We need your opinion on how well the contractor performed on your contract(s). Please fill out the attached questionnaire and send it electronically to the Contracting Officer, Monique Park at [email protected]. To be considered, this form must be filled out and received by the contracting officer no later than the closing date and time listed in the request for proposal. DHS/FEMA may contact you to clarify or verify any information provided. For purposes of confidentiality, only send this completed form to the FEMA contracting officer.
Your input will be confidential. Please note your comments will be used to form the basis for evaluation of this offeror. Thank you in advance for your assistance. If you have any questions please contact the Contracting Officer at [email protected].
PAST PERFORMANCE QUESTIONNAIRE The Department of Homeland Security (DHS), FEMA, recently released a Request for Proposal: for Bottled Water and or Extended Shelf Life Water. Offerors were asked to provide information on contracts similar in nature, size and complexity to the present requirement on which they had performed in the past. An offeror has submitted this to you as a reference for past performance. (See blocks 1 to 3 below).
We need your opinion on how well the contractor performed on your contract(s). Please fill out the attached questionnaire and send it electronically to the Contracting Officer, Monique Park at [email protected]. To be considered, this form must be filled out and received by the contracting officer no later than the closing date and time listed in the request for proposal. DHS/FEMA may contact you to clarify or verify any information provided. For purposes of confidentiality, only send this completed form to the FEMA contracting officer.
Your input will be confidential. Please note your comments will be used to form the basis for evaluation of this offeror. Thank you in advance for your assistance. If you have any questions please contact the Contracting Officer at [email protected].
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Attachment 6
Block 3. Contract Name and Number: |
I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS QUESTIONNAIRE IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
Evaluator’s Printed Name Title
Evaluator’s Mailing Address (Agency, Bldg/Room, Street, City, State, Zip)
Evaluator’s Signature Date Phone Fax
B. INSTRUCTIONS
PAST PERFORMANCE QUESTIONNAIRE The Department of Homeland Security (DHS), FEMA, recently released a
Request for Proposal: HSFE70-17-R-0019 for Bottled Water and or Extended Shelf Life Water. Offerors were asked to provide information on contracts similar in nature, size and complexity to the present requirement on which they had performed in the past. An offeror has submitted this to you as a reference for past performance. (See blocks 1 to 3 below).
We need your opinion on how well the contractor performed on your contract(s). Please fill out the attached questionnaire and send it electronically to the Contracting Officer, Monique Park at [email protected]. To be considered, this form must be filled out and received by the contracting officer no later than the closing date and time listed in the request for proposal. DHS/FEMA may contact you to clarify or verify any information provided. For purposes of confidentiality, only send this completed form to the FEMA contracting officer.
Your input will be confidential. Please note your comments will be used to form the basis for evaluation of this offeror. Thank you in advance for your assistance. If you have any questions please contact the Contracting Officer at [email protected].
3
Attachment 6
Two forms are provided to document your opinion: 1) Performance Rating Form; and 2) Supplemental Comment Form. Please fill out both forms in accordance with the instructions provided on each. Please use the following standards in arriving at your rating: 1) Satisfactory - the contractor’s overall performance was acceptable but with some minor exceptions; 2) Unsatisfactory – the contractor’s overall performance was unacceptable or 3) Neutral: Offeror has no relevant past performance.
4
Attachment 6
Performance Element Neutral Satisfactory Unsatisfactory
1. QUALITY OF SERVICES: The contractor provided high quality of service.
2. CUSTOMER SATISFACTION: The contractor exhibited a commitment to customer satisfaction and achieved customer satisfaction.
3. TIMELINESS OF PERFORMANCE AND COMPLETION OF THE CONTRACT: The contractor planned and proposed realistic schedules, successfully monitored performance and completed work on time.
Yes No 1. Given the choice would you do business with this contractor again?
Supplemental Comment Form
Please provide any additional comments regarding your performance element ratings in the appropriate spaces below. Please add additional pages as necessary.
Performance Element #1, Quality of Services:
Performance Element #2, Customer Satisfaction:
Performance Element #3, Timeliness of Performance and Completion of the Contract
HSFE70-17-R-0019
Questions and Responses
Questions Response
Can you tell me how many cases of the 1 liter Extended Shelf Life water
that would be needed for replenishment in DC's Hawaii, Guam, Puerto
Rico and Moffett
A minimum of 18,000 liters and maximum of 150,000 liters of water
per delivery order; See Para IV of Extended Shelf Life SOW
Would you please consider adding to the Specific Requirements? Primary
Container: (box, pouch. 12 oz recyclable can or similar biodegradable
package) suitable for water consumption. Vendor: Britt's Industries, Inc
The water shall be packaged in a 1-liter re-closable and
biodegradable packaging (box, pouch or similar biodegradable
package) suitable for water consumption. The container shall not
contain any sharp edges that could possibly injure the user.
I was wondering the method of payment from FEMA for the solicitation
of bottled water # HSFE70-17-R-0019
FAR 52.232-33, Payment by Electronic Funds Transfer-System for
Award Management (JUL 2013) (31 U.S.C. 3332).
Please advise if country of origin (Panama) will be accepted YesCan we obtain an abstract of the last awarded bid/price for the items on
this bid/ pre-solicitation along with the brand awarded? If archived, is
there a site we can obtain the abstract
No particular brand mandated. See FPDSNG for contract
information
In several sections, it references sending a sample by the deadline of the
RFP due date. I can’t find in the RFP were there are instructions on where
to send that sample, or how it needs to be labeled. Can you advise on the
section in the RFP or the attachments provided where it gives these
specific details?
RFP Page 52: Offerors shall submit extended shelf life water sample
to: Federal Emergency Management Agency, ATTN: Jonathan
Igwebueze; 500 C Street SW, Washington DC Samples
are due on 12 noon EST, Friday, June 30, 201720472
Can you please provide the following information on all the companies
that are currently on this contract- Company Name: Contact Name:
Address: Telephone: Email:
Contract award information was posted in FBO at the time of award.
Is there any way of accessing previous water proposals and/or awards to
use as reference models?
https://www.fpds.gov/fpdsng_cms/index.php/en/ and
https://www.fbo.gov/?s=main&mode=list&tab=list
Once the Emergency Site Zone is designated, is there a common drop
point or does it vary based on the specific location of the emergency?
There will be a specific drop off location designated per emergency
activation, however if there is change in location during the route,
diversion rate will apply accordingly
Regarding Past Performance, [...]we have no specific history. Our
supplier (subcontractor) supplied water during the Katrina disaster, but it
was as a subcontractor for another prime. Can we use that history on our
proposal? Would he or the prime have been given a performance
evaluation?
The Offeror will not be evaluated either favorably or unfavorably if it
lacks relevant past performance. See page 54 of the RFP
We are planning on bidding on all 4 Option Years. If we do not win this
current award, when is another bid opportunity scheduled to come up?
No date has been determined at this time for future RFP
We are assuming that Attachment 2 is a mandatory part of this proposal.
Is that correct?
Attachment 2 is the SOW for Bottled Water. All offerors are
required to submit a proposal for bottled water
"Training" is mentioned in several places. Can you tell us what training
that refers to? See Attachment 2 paragraph V(c) for the details
Assuming that we are bidding on just the items that are identified as
Bottled Water or Extended Shelf Life Water, how do we select only the
pertinent Unit #'s in the left column?
Offerors must propose for the Bottled Water. Extended Shelf life
water is optional.
In the "Unit" columns, what does 'LT' stand for? Liter
DC-Guam, Alaska/Hawaii, Caribbean/Puerto Rico: Does DC indicate a
common drop point? We assume that we are responsible for shipping off
continent? Is that correct? Yes. DC means FEMA’s Distribution Centers
When we submit the Extended Shelf Life Water packaging samples, is it
correct to assume that they are empty?
Sample Extended Shelf Life Water must be submitted, and not an
empty packaging.
We are not sure about how to submit the Quality Control or the water
source information. To be determined at Delivery Order level. See RFP page 39
HSAR 3052.212.70 Is this applicable to us as a domestic small business?
We are confused about how to complete this section Applicable to large business only
Liability Insurance--We assume that it is required for both the prime and
the subcontractor. Is this correct? Correct
Section C.1.1 52.252-2 "Clauses incorporated by reference"-need full
text
See: http://farsite.hill.af.mil/VFFARa.HTM or
https://www.acquisition.gov/browsefar for the full text
What is SF 1449- Offer submittal? Page 1 of the RFP is the SF 1449