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W9128A-17-R-0001
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Request for Proposal (RFP) No. W9128A-17-R-0001, FY15 MCA PN70668 U.S. Army Pacific
(USARPAC) Command and Control Facility (C2F) Phase 3, Fort Shafter, Oahu, Hawaii
INSTRUCTIONS TO OFFERORS:
2. The RFP includes contract plans, specifications, and drawings that are FOUO/Unclassified and will be
released only to Offerors that provide the two (2) completed and signed forms via facsimile (808) 835-
4396, followed by a hardcopy sent via courier service or hand-delivered. All controlled unclassified
material must be handled in accordance with the National Industrial Security Program Operating Manual
(NISPOM) (DoD 5220-22-M) and Industrial Security Regulation (DoD 5220.22-R). No sensitive
documents pertaining to this construction project are included in the solicitation. The Offeror is
REQUIRED to COMPLETE AND RETURN the following two (2) forms via facsimile and the hardcopy
sent via courier service or hand-delivered as indicated in the Main Table of Contents, Submittal of
Proposals, prior to being eligible to receive the plans/specs portion of the RFP.
3. The Offeror is REQUIRED to COMPLETE AND RETURN ALL of the following sections of this
solicitation: SECTION 00 10 00 and SECTION 00 45 00 (ALL) and all Appendices. Please note that the
representations and certifications must also be completed electronically via the Online Representations
and Certifications Application (ORCA) website at http://sam.gov.
4. Offerors must have and/or maintain an active registration with the System for Award Management
(SAM) website. To register in SAM, go to http://www.sam.gov.
5. Requests for Information (RFIs) shall be sent to W9128A-17-R-0001@usace.army.mil. The last day
to submit RFIs is Friday, February 3, 2017 at 10:00 a.m., Hawaii Standard Time (HST).
SUBMITTAL OF PROPOSALS:
Proposals may be submitted via U.S. Postal Service, Courier Service, or personally delivered as
follows:
Please allow sufficient time to be allowed on post and to find parking. (At least 1 hour)
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
7. ISSUED BY CODE W9128A 8. ADDRESS OFFER TO (If Other Than Item 7) CODE
CECT - CONTRACTING DIVISION
USACE, HONOLULU DISTRICT
BLDG 252 (CECT-POH)
See Item 7
FT. SHAFTER HI 96858-5440
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):
FY15 MCA PN70668 USARPAC Command and Control Facility (C2F) Phase 3, Fort Shafter, Oahu, Hawaii
See Section 00 72 00, Clause 52.232-18 Availability of Funds (Apr 1984) and Clause 252.232-7007 Limitation of Governments Obligation (Apr 2014)
11. The Contractor shall begin performance within 7 calendar days and complete it within 1466 calendar days after receiving
award, X notice to proceed. This performance period is X mandatory, negotiable. (See 52.211-10 .)
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 12B. CALENDAR DAYS
(If "YES," indicate within how many calendar days after award in Item 12B.)
14
X YES NO
See Item 14
CAGE CODE:______________ TIN:______________
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is
accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 20B. SIGNATURE 20C. OFFER DATE
OFFER (Type or print)
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
(4 copies unless otherwise specified) 10 U.S.C. 2304(c) 41 U.S.C. 253(c)
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
TO SIGN (Type or print)
TEL: EMAIL:
30B. SIGNATURE 30C. DATE
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
SECTION 00 10 00
PROPOSAL SCHEDULE
1. This project is incrementally funded. See Section 00 72 00, Clause 252.232-7007, Limitation of
Government Obligation (April 2014).
2. Distribute the proposal cost of the Base Schedule, CLIN No. 0001, into the categories listed in the table
below. Information provided in this table is for data gathering purposes only and will not be used to evaluate
proposals. Offerors that fail to provide the requested information may be considered nonresponsive.
a. The estimated cost for Items 1-3 below should include the total in-place cost of the building,
incorporating costs of all materials, installed equipment, labor direct and indirect, associated with
construction of the building inside the building 5-0 line. Include the cost of the caissons with each
respective building.
b. The estimated cost for Item 4 should include all costs associated with site preparation, permits, site
maintenance, landscaping, LEED certification, clean-up, etc. and all construction outside the 5-0
line.
c. The TOTAL should be the same amount as the total on the Proposal Schedule.
TOTAL $______________
Section 00 10 00 Page 1
W9128A-17-R-0001
3. Unanticipated conditions encountered during construction may necessitate quantities of work that vary
from that shown on the drawings. To minimize delays associated with encountering unanticipated
conditions during construction, provide a unit price for each of the following items. If unanticipated
conditions are encountered during construction, promptly notify the Contracting Officer that such a
condition has been encountered, describe the condition encountered, and provide a listing of which of the
following items may be necessary. Upon notification, the Contracting Officer will promptly investigate the
matter, and if necessary, may issue a Change Order directing the Contractor to proceed with any or all of the
required items. Offerors are advised that the following unit prices will not be part of the contract, but are a
starting point for initiating the change order process.
4) Caissons Removal of LF $
Obstructions in Drilled Shafts
Section 00 10 00 Page 2
W9128A-17-R-0001
PAYMENT(S)
Compensation for all work to be performed under this contract will be made under the payment item(s) listed herein.
The principal features of the work to be included under the payment item(s) are noted. Work required by the
drawings and specifications and not particularly mentioned shall be included in and be paid for under the contract
price for the item to which the work pertains. Price(s) and payment(s) for the item(s) shall cover all work, complete
and finished in accordance with the specifications, schedules, and drawings, and shall be full compensation for all
work in connection therewith, including quality control and cost of performance-and payment-bond premiums as
specified in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for
furnishing all materials, equipment, management, supervision, labor, transportation, fuel, power, water, and all
incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government.
For the purpose of CONTRACT CLAUSE entitled "PROMPT PAYMENT FOR CONSTRUCTION
CONTRACTS", the term "designated billing office" and "designated payment office" are as follows:
Item number mentioned hereinafter correspond to the item number in the PROPOSAL SCHEDULE.
CLIN 0001, C2F, Phase 3, will be paid for at the contract price, complete in place and ready for use, including site
preparation; excavation; grading; caissons to the depths indicated on the drawings; buildings; waterlines; sanitary
sewer system; storm drainage system; pavement; concrete sidewalks, curbs, and gutters; tree removal, tree
protection, establishment and maintenance of turf and landscaping; mechanical work; electrical work;
telecommunications systems, LEED certification; commissioning and testing; final connections; cleanup; as-builts;
and all incidental items necessary to complete the work
- End of Section -
Section 00 10 00 Page 3
W9128A-17-R-0001
Any contract awarded as a result of this solicitation will be a DO rated order certified for national defense,
emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15
CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.
(End of provision)
The Government contemplates award of a firm fixed-price construction contract resulting from this solicitation.
(End of provision)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the
work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of
this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror
shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not
applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting
Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination
for a secondary site of the work.
(End of provision)
Section 00 21 16 - Page 1
W9128A-17-R-0001
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance
Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate
workforce in each trade on all construction work in the covered area, are as follows:
69.1% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor
performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the
goals established for the geographical area where the work is actually performed. Goals are published periodically in
the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract
Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall
be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations
required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts
to meet the goals. The hours of minority and female employment and training must be substantially uniform
throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ
minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from
Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a
violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with
the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract
Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in
excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the --
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Fort Shafter,
Oahu, Hawaii.
(End of provision)
Section 00 21 16 - Page 2
W9128A-17-R-0001
(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
(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)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting
the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters
are urged and expected to inspect the site where the work will be performed.
(End of provision)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its
quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a
solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/
http://farsite.hill.af.mil/vfdfara.htm
http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version%203__1%20NOV%202014.pdf
(End of provision)
Section 00 21 16 - Page 3
W9128A-17-R-0001
(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to
Compensation of Former DoD Officials.
(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD
officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake
activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment
restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal
Acquisition Regulation 3.104-2.
(End of provision)
System for Award Management (SAM) database means the primary Government repository for contractor information
required for the conduct of business with the Government.
(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE
master file. This type of code is known as an NCAGE code.
Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.
(D&B) to identify unique business entities.
Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character
suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character
suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.
Registered in the System for Award Management (SAM) database means that
(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and
Contractor and Government Entity (CAGE) code into the SAM database; and
(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact
sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number
(TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the
Government as part of the SAM registration process; and
(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be
registered in the SAM database prior to award, during performance, and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
Section 00 21 16 - Page 4
W9128A-17-R-0001
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
DUNS or DUNS+4 followed by the DUNS or DUNS+4 number that identifies the offerors name and address
exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is
registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun
and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should
indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer,
the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors
who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(End of Provision)
Section 00 21 16 - Page 5
W9128A-17-R-0001
(a) Will not engage in any trafficking in persons or related activities, including but not limited to the use of forced
labor, in the performance of this contract;
(b) Has hiring and subcontracting policies to protect the rights of its employees and the rights of subcontractor
employees and will comply with those policies in the performance of this contract; and
(1) The responsibility to report trafficking in persons violations by the Contractor, Contractor employees, or
subcontractor employees, at any tier; and
(2) Employee protection under 10 U.S.C. 2409, as implemented in DFARS subpart 203.9, from reprisal for
whistleblowing on trafficking in persons violations.
(End of provision)
If the Contract Clause in this solicitation entitled "Small Business Subcontracting Plan" or its Alternate I or II
applies, no award will be made until the subcontracting plan under the stated clause is approved.
[End of Statement]
When a small business subcontracting plan is required by FAR clause entitled, SMALL BUSINESS
SUBCONTRACTING PLAN, the minimum goal that will be accepted for subcontracting with Small
Disadvantaged Business is five percent (5%).
[End of Statement]
S-19A U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-
1-1 (Nov 2015)
This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g.,
contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions.) EM 385-1-
1 and its changes are available at the following web site:
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf
The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of
the effective date of this solicitation.
Per EM 385-1-1 (latest version) Contractors shall ensure timely accident reporting is strictly adhered to. PODR 265
will be completed within 24 hours of all accidents (excluding first aid injuries). ENG 3394 forms will be completed
Section 00 21 16 - Page 6
W9128A-17-R-0001
within 5 days of lost time accident and forwarded to the Contracting Officer or Contracting Officer Representative.
All accidents will be reported through the Honolulu Engineer District Safety Office, (808) 835-4009 within 24 hours
of the incident.
[End of Statement]
Within 15 days after receipt of Notice of Award of the contract, and at least 7 days prior to the preconstruction
conference, four copies of the Accident Prevention Program shall be submitted to the Contracting Officer for review
and acceptance. The program shall consist of the following forms and documents:
(a) An executed POD Form 248-R Rev (1 Jun 98), Accident Prevention Program, Administrative Plan.
(b) An executed POD Form 184-R Rev (16 Oct 98), Activity Hazard Analysis. (At the Contracting Officer's
discretion, the Contractor may submit its Activity Hazard Analysis only for the first phase of construction provided
that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be
submitted and accepted prior to the beginning of work in each phase.)
(c) A copy of company policy statement of accident prevention and any other guidance statements normally
provided new employees.
Contractor shall not commence physical work at the site until the program has been accepted by the Contracting
Officer, or his authorized representative. In developing and implementing its Accident Prevention Program, the
Contractor is also responsible for reviewing Section 1 of the most current edition of US Army Corps of Engineers
Safety and Health Requirements Manual, Engineer Manual 385-1-1. [See paragraph entitled, SAFETY
STANDARDS, in Section 00 73 00]
[End of Statement]
FY15 MCA project consists of a Secure Operations Building (including a SCIF Sensitive Compartmented
Information Facility), Command Building, and Support Operations Building. This project includes construction of
administrative and special use spaces divided into specified security zones. Facility construction includes
redundant mechanical and electrical systems with backup power for designated areas, information systems, fire
protection and alarm systems, Intrusion Detection System (IDS) installation, and Energy Monitoring connection.
Sustainable Design and Development and Energy Policy Act of 2005 (EPAct05) features will be provided.
Supporting facilities include site development, below grade utility tunnel, utilities and connections, storm
drainage, information systems, and landscaping. Air conditioning will be provided by connection to the complex
central utility plant. Access for individuals with disabilities will be provided.
This is an incrementally funded project [5 increments (Fiscal Year) FY15, FY17, FY18, FY19 and FY20].
This is Phase 3 of a 3-phase project, where the following conditions / parameters are to be expected:
Perform construction on a small congested project site adjacent to construction by another prime contractor,
and sharing access with the adjacent contractor to the project site.
Provide safe access and protection of occupants to an occupied building adjacent to the project site during
construction.
Multi-story (4 stories or higher) construction, where construction of buildings designed using Unified
Facilities Criteria (UFC) UFC 4-023-03, Design of Buildings to resist Progressive Collapse.
Section 00 21 16 - Page 7
W9128A-17-R-0001
SCIF construction requirements in accordance with UFC 4-010-05 and Intelligence Community Standard
(ICS) ICS-705 as it pertains to the construction work, mobilizing / demobilizing equipment and storing
and/or managing of supplies and/or materials.
(b) Estimated Price Range: The estimated price range of this work is: $250,000,000 to $500,000,000
[End of Statement]
a. A pre-proposal conference will be conducted by the Government on January 27, 2017 starting at 09:00 a.m.,
Hawaii Standard Time (HST) in Building 230, Fort Shafter, Oahu, Hawaii. All planholders (prime contractors,
subcontractors, and suppliers) are urged to attend this conference.
08:30 a.m. HST Contractors shall meet at the Building 230, loading dock
*If planholders (prime contractors, subcontractors, and suppliers) arrive at 08:45 a.m.
HST, there is no guarantee the planholders will be able to attend the Pre-Proposal
Conference, as Building 230 is a secure building.
After the Pre-Proposal Conference ends, the site visit will commence (see Section 00 21 16, Provision 52.236-7, Site
Visit, (Construction)).
Planholders who plan to attend should notify the Government of the number of attendees before the date of the
conference. Notification can be made as follows:
b. Any questions planholders may have concerning the project, plans, or specifications should be submitted in
writing, on letterhead stationery, sufficiently in advance of the conference, to permit preparation of answers, which
will be provided at the conference. The questions should be faxed as soon as possible, and followed by an original
through mail. Use the facsimile number and address shown in paragraph a. above. During the conference, written,
signed questions will be accepted, and will be answered during the conference if time permits.
c. A complete record of the conference, including questions raised by planholders and answers provided by the
Government, will be made and a copy furnished to all planholders. However, any answer, clarification, or
explanation given at the conference will not qualify or change the terms of the request for proposal (including the
plans and specifications). Unless the request for proposal is amended in writing, it will remain unchanged. If an
amendment to the request for proposal is issued as a result of the conference, normal procedures relating to issuance
and acknowledgement of receipt will apply.
d. All costs incurred to attend and participate in the pre-proposal conference and any site visits (see paragraph e.
below) will be at the expense of the planholder. This includes, but is not limited to, the cost of transportation, per
diem, and hotel accommodations.
e. Refer to provision entitled SITE VISIT (CONSTRUCTION) in Section 00 21 16 for information on the pre-
proposal site visit.
[End of Statement]
Section 00 21 16 - Page 8
W9128A-17-R-0001
All vehicle operators must be prepared to provide a valid drivers license, vehicle registration, certificate of
insurance and current safety inspection to the security guard prior to entry to the Installation. Offerors should
anticipate a delay in entering the Installation and allow sufficient time when attending a site visit or pre-proposal
conference or hand delivering an offer.
All Offerors in a Joint Venture shall submit their executed joint venture agreement. In addition, Joint Venture firms
must obtain/submit their tax identification number (TIN), Data Universal Numbering System (DUNS) No., Section
00 45 00, Representations and Certifications and register in System for Award Management (SAM)
https://www.sam.gov/portal/public/SAM/#1.
Access to this Request for Proposal (RFP) by any contractor or subcontractor requires the signing of a Non-
Disclosure Agreement (NDA). This NDA is a contractual agreement between the U.S. Government and the
contractor / subcontractor, to never disclose the information contained in this RFP to an unauthorized person. Its
primary purpose is to inform the contractor of (1) the trust that is placed in them by providing access to this
information; (2) contractor responsibilities to protect that information from unauthorized disclosure; and (3) the
consequences that may result from the contractors failure to meet those responsibilities. Additionally, by
establishing the nature of this trust, contractor responsibilities, and the potential consequences of noncompliance in
the context of a contractual agreement, if the contractor violates that trust, the United States will be better able to
prevent an unauthorized disclosure or to discipline the contractor for such a disclosure by initiating a civil or
administrative action.
The contractor will ensure that all personnel (prime contractor and sub-contractor) that view this RFP shall execute
the NDA/Instructions for Handling and Dissemination of FOUO information and return the completed forms with
the proposal packet. Instruction for completing the NDA is contained on the form. Questions about this document
and its content should be directed to the Contracting Officer. (See Section 00 22 16, Attachment A) (Updated, 7 Mar
14)
Section 00 21 16 - Page 9
W9128A-17-R-0001
SECTION 00 22 16
1.0 OVERVIEW
ATTACHMENTS:
A. CONTROLLED UNCLASSIFIED INFORMATION NON-DISCLOSURE AGREEMENT
B. INSTRUCTIONS FOR HANDLING AND DISSEMINATION OF FOUO INFORMATION
C. EXPERIENCE INFORMATION
D. PAST PERFORMANCE QUESTIONAIRE
E. SMALL BUSINESS PARTICIPATION PLAN FORM
Section 00 22 16 Page 1
W9128A-17-R-0001
1.0 OVERVIEW
1.1 This is a Best Value solicitation for the construction project entitled, FY15 MCA PN 70668,
USARPAC Command and Control Facility (C2F), Phase 3, Fort Shafter, Oahu, Hawaii. The Government will
evaluate the proposals in accordance with the criteria described herein and award a firm fixed-price contract
to the responsible Offeror whose proposal conforms to all the terms and conditions of the solicitation and is
determined to represent the overall best value to the Government.
All offerors (prime and proposed subcontractors personnel) that will have access to the plans and specifications
are required to complete and sign: 1) the Controlled Unclassified Information Nondisclosure Agreement (See
Attachment A); and 2) the Instructions for Handling and Dissemination of Official Use Only (FOUO)
Information (See Attachment B), before receiving the solicitation plans and specifications, because the
solicitation includes Controlled Unclassified Information which will be released only to those offerors who
provide the completed attachments. All Controlled Unclassified Information must be handled in accordance
with the National Industrial Security Program Operating Manual (NISPROM)(DoD 5220-22-M) and
Industrial Security Regulation (DoD 522.22-R). Once an Offeror submits its forms in response to the
solicitation, the Government will process the request within 1 business day and will then release the
plans/specifications to each offeror on a rolling basis.
The Offeror is to submit the signed and completed Attachment A, Controlled Unclassified Information
Nondisclosure Agreement and Attachment B, Instructions for Handling and Dissemination of Official Use Only
(FOUO) Information via facsimile at (808)835-4396, followed by a hardcopy sent via courier service or hand
delivered. Please contact the individuals below to confirm receipt of your facsimile to one of the following
individuals:
Ms. Kelly Jones (808)835-4370
Ms. Dayna Matsumura (808)835-4379
Ms. Jennifer Ko (808)835-4378
Mr. Graeme Silva (808)835-4380
Ms. Joan Kaimikaua (808)835-4376
Ms. Marilyn Clark (808)835-4400
General Description of Work: See Section 00 21 16, Provision S-36.2 Magnitude of the Proposed Project, (a)
Physical Characteristics.
The Government will not reimburse any Offeror for any costs incurred in the preparation and submittal of its
proposal in response to this solicitation.
1.3 Inquiries
And
Section 00 22 16 Page 2
W9128A-17-R-0001
E-Mail: W9128A-17-R-0001@usace.army.mil
Offeror Inquiry: Before submitting a Request for Information, Offerors are requested to review the plans,
specifications, the solicitation, and any amendments for answers to questions and/or comments prior to the
submission of an RFI.
Last day to submit RFI questions and/or comments will be on 03 February 2017, 2:00 p.m., Hawaii Standard Time.
Proposals may be submitted via U.S. Postal Service, courier service, or personally delivered as follows:
Proposals submitted via courier service or hand delivered shall be delivered to:
Proposals must be clearly identified on the shipping package with the RFP number.
Proposals received by the Government after the date and time set for receipt of proposals will be handled in
accordance with the requirements of Provision 52.215-1, Instructions to Offerors Competitive Acquisition (Jan
2004), subparagraph (c), found in Section 00 21 16.
The Contracting Officer intends to award a firm fixed-price construction contract to the responsible Offeror whose
proposal conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government,
considering all non-priced factors described herein, and price, as determined by the Source Selection Authority. All
evaluation factors, other than price, when combined are considered approximately equal to the price. The
Government reserves the right to accept other than the lowest priced Offeror or to reject all Offerors. The
Government will not award a contract to an Offeror whose proposal contains a deficiency, as described in FAR
15.001. The Government reserves the right to reject any offer if the offer is not in the best interest of the
Government.
If awarded the contract, the Offeror shall construct the project in accordance with the plans and specifications.
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Offerors that receive an Unacceptable rating on any of the NON-PRICE factors may be determined unacceptable
and may not receive further consideration for award.
3.1.1 Each Offeror must submit both a Price Proposal and a Technical Proposal. The Price Proposal and the
Technical Proposal must be submitted as separate files. Ensure that each file is clearly marked to indicate its
contents; and the identity of the Offeror.
3.1.2 Both the Price Proposal and the Technical Proposal must be received by the closing date and time set
for receipt of proposals.
3.1.3 No dollar amounts from the Price Proposal are to be included in the Technical Proposal.
3.1.4 All information intended to be evaluated as part of the Technical Proposal must be submitted as part of the
Technical Proposal (Volume 1). Do not merely cross-reference similar material in the Price Proposal (Volume 2),
or vice versa. An Offeror shall include all information in its proposal and shall not attempt to incorporate
information by reference. The Government will not review information listed on website links.
Deviations and exceptions to the terms and conditions of the solicitation are not allowed. Should the Offeror
include any standard company terms and conditions that conflict with the terms and conditions of the solicitation,
the Offeror shall be deemed unacceptable and ineligible for award. Should the Offeror have any questions related
to specific terms and conditions, these must be resolved prior to submission of its proposal. If the Offeror must
make any assumptions prior to submitting its proposal, the Offeror shall list and describe in detail the assumptions
on the first page of each Tab. All assumptions shall be fully supported with the Offerors rationale and shall fully
explain the impact, if any, on the performance and/or specific requirement of the Request for Proposal (RFP). The
Offeror shall clearly describe on the Proposal Cover Sheet submitted with the Price Proposal any assumption to the
contractual and/or technical terms and include the monetary impact on the solicitation with the price proposal. This
information will not be evaluated separately but may impact the evaluation of other factors.
3.2 DISCUSSIONS
The Government does not intend to enter into discussions with Offerors prior to making an award. An Offeror is
encouraged to present its best technical proposal and price in its initial proposal submission. However, in accordance
with FAR Part 15.306, should discussions become necessary, the Government reserves the right to conduct
discussions. If this occurs, a competitive range will be determined and Offerors in the competitive range will be
notified. The competitive range may be limited for purposes of efficiency in accordance with (IAW) FAR Part
15.306(c)(2). Upon conclusion of discussions, the Contracting Officer will request final proposal revisions and may,
upon receipt of final proposal revisions, proceed to award a contract without further discussions or notice.
3.3.1 Submit only the electronic files specifically authorized and/or required elsewhere in this section. Do not
submit excess information, to include audio-visual materials, electronic media, etc. All pages shall be numbered.
3.3.2 Proposal materials shall be in PDF file format using Adobe Acrobat software, and shall be in searchable text.
Proposals shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents. Each page
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shall be identified with the appropriate page number centered at the bottom of the page. Sheet size of the proposal
contents shall be 8-1/2 inches x 11 inches where sheets are prepared specifically for this proposal, unless another
paper size is specifically authorized elsewhere in this section for a particular submission. Do not use alternative
paper sizes (e.g., 11 x 14 or 11 x 17 sheets) unless specifically authorized in this section for a particular
submission. Do not use a font size smaller than 10 pitch, an unusual font style such as script, or condensed print for
any submission. All page margins must be at least 1 inch wide, but may include headers and footers.
3.3.3 Provide read-only PDF file format in searchable text using Adobe Acrobat software containing the technical
volume as well as a read-only PDF format using Adobe Acrobat software containing the price volume.
3.3.4 Confidential contracts cannot be submitted to demonstrate capability unless all of the information required for
evaluation as specified herein can be provided to the Government as part of the Offerors technical proposal. An
Offeror that includes information in its proposal that it does not want disclosed to the public for any purpose, or used
by the Government except for evaluation purposes, must clearly mark such information in accordance with the
instructions at FAR 52.215-1, Instructions to OfferorsCompetitive Acquisition, paragraph (e), Restriction on
disclosure and use of data.
3.3.5 For submissions with page limitations: Where authorized, alternative page sizes (11" x 14" or 11" x 17")
will count as one page. Tables of contents, proposal cover letters, and tabs between proposal information do not
count toward any page limitations in the proposal.
3.3.6 All proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g.,
bold face print or underlining. The source of the revision, e.g., Error, Omission, or Clarification, or amendment
shall be included and be annotated for each revision. Proposal replacement pages shall be numbered, shall be
clearly marked REVISED, shall show the date of revision, shall be submitted in appropriate number of copies
(e.g., if two (2) copies of the original page was required, then two (2) copies of the revised page will also be
required). The Offeror shall provide a revised copy of the entire proposal in read-only .pdf file format in searchable
text, and it shall be provided on one (1) CD-ROM along with four (4) hard copies (1 original and 3 copies).
3.4.1 Technical Proposal. Proposals shall contain the entire proposal in .pdf format using Adobe Acrobat software
to print to a .pdf file; do NOT scan the document(s) into a .pdf file. The text portion of the complete proposal shall
be contained as a single .pdf file in searchable text. Sections of the proposal shall be bookmarked (linked to the
index) in logical order.
3.4.2 Offerors shall submit all technical proposal documentation in Adobe PDF format on:
One (1) CD ROM; and
Four (4) hard copies each for each proposal (1 original and 3 copies)
The Price Proposal and Technical Proposal shall be submitted on separate single CDs in sealed envelopes, clearly
marked SOLICITATION NO. W9128A-17-R-0001, FY15 MCA PN70668 USARPAC COMMAND AND
CONTROL FACILITY (C2F), PHASE 3, FORT SHAFTER, OAHU, HAWAII.
Each disc shall be externally labeled with the solicitation number, volume number, date, and the Offerors name. If
the hard-copy proposal differs from the electronic version, the hard copy will govern. If the electronic files are of a
size at which it must be compressed (zipped), it shall be compressed into one file using WinZip version 6.2 or later.
3.4.3 Format and Contents of the Technical Proposal and List of Tabs. The technical proposal will be appropriately
organized using the tabs specified in the chart below. The proposals shall contain a detailed table of contents. A
cover sheet identifying the Offeror (name, address, and point of contact), contract description, and solicitation
number shall be provided. The second sheet shall be a Table of Contents. Offers that violate these rules
unnecessarily delay the evaluation process and may be rejected by the Government after the initial evaluation
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without receiving any further consideration. The Government will not evaluate any information beyond the page
limitation noted in paragraph 3.4.4.
D Past Performance
3.4.4 Page Limitations. The following page limitations are established for each Factor:
For submissions with page limitations, the pages will be counted as follows: One side of the paper is one page;
information on both the back and front of one sheet of paper will be counted as two pages. Where authorized, fold-
out pages (11 x 14 or 11 x 17) will count as one page. Pages furnished for organizational purposes only, such as
a Table of Contents or divider tabs, are not included in the page limitation.
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*Volume 1, TAB A: Proposal Cover Sheet. The proposal cover sheet is required by FAR 52.215-1(2)(c )(i)-9v) and
must be submitted by all Offerors. This provision, titled Instruction to Offerors Competitive Acquisition and the
format for the proposal coversheet as indicated below:
2. The name, address, and telephone and facsimile numbers of the Offeror (and electronic address if
available).
3. Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons
authorized to negotiate on the Offerors behalf with the Government in connection with this solicitation.
4. Name, title, and signature of the person who is authorized to sign the proposal. Proposals signed
by an agent shall be accompanied by evidence of that agents authority, unless that evidence has been
previously furnished to the issuing office.
The offeror shall submit a contract portfolio with a maximum of five (5) contracts.
A contract is defined as a single contract or a single task order performed under a MATOC (Multiple
Award Task Order Contract)/SATOC (Single Award Task Order Contract)/IDIQ (Indefinite Delivery
Indefinite Quantity Contract).
Data presented shall include construction contracts relevant to this requirement as provided in the
solicitations technical narrative which the Offerors team has completed, or which are currently under
construction and are substantially complete. Relevant construction experience will be limited to
performance of contracts similar in size, scope, and complexity to that outlined in the solicitation. The
Offeror shall submit a maximum of five (5) contracts. If more than five contracts are submitted, only the
first five contracts will be evaluated. The Offeror shall submit a completed Attachment C Experience
Information form for each contract. All blocks must be filled in and all data should be accurate, current
and complete. Each contract shall be described in two pages or less. Any pages that exceed this limitation
will not be considered. The information in Attachment C includes, but is not limited to, the following
contract information:
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agency/firm affiliation, city, state, current phone number, and e-mail address)
h. Awards or recognition received, where applicable
Note: If the Offeror is a Joint Venture (JV) and the JV does not have experience working as a JV, the partners
of the JV may submit experience on behalf of the Offeror. All references herein to the Offeror include all
proposed joint venture partners. Submitted contracts by members of a joint-venture or from the joint-venture
itself will be considered and evaluated as long as the member or joint-venture itself was the prime contractor.
Information provided from potential sub-contractors (not included in the joint venture) will not be considered
or evaluated.
The JV shall submit no more than five (5) contracts, but each respective JV partner must submit at least one (1)
contract under this Factor.
The Government will evaluate the extent of relevant experience of the prime contractor. If an offeror submits
a proposal as a joint venture, the Government will evaluate the experience of its proposed JV team and the
roles each member of the JV team will have in performing this contract. The extent of relevant experience
will be determined based on the similarity of the submitted contracts to the size, scope, and complexity of the
construction required by the solicitation. For the purposes of this solicitation, a recent contract is defined as
at least 80% complete or turned over since 2010.
When assessing an Offerors relevant experience, the Government intends to give greater weight to each of the
following:
See paragraph 9.5.c for the evaluation rating system for Factor 1, Subfactor 1, Corporate Experience.
a. Technical approach. Offerors shall provide a narrative of how it will manage and construct the
Command and Control Facility (C2F) Phase 3. The Offeror shall describe its ability to maintain
operability using reliable and proven methods in consideration of the following challenges:
A small congested project site adjacent or sharing access to on-going construction by another
prime contractor.
Ongoing construction of a project immediately adjacent to an occupied building and how the
Offeror will provide access and protection to occupants during construction.
The Offeror shall describe its understanding of multi-story (4 stories or higher) construction and the
SCIF construction requirement in accordance with UFC 4-010-05 and ICS-705 and and explain how
it will execute the construction of the project to include mobilization and demobilization of
equipment, and the storage and management of supplies and materials.
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Offeror shall describe reliable/proven methods for construction of buildings designed using UFC 4-
023-03, Design of Buildings to resist Progressive Collapse in a confined area adjacent to on-going
construction by another prime contractor.
b. Organization. Describe what firms will be included to include its roles and responsibilities and any
contractual arrangements the Offeror has established. Clearly describe any teaming or joint venture
arrangements, including a clear description of each firms roles and responsibilities on the project. Include
a simple organizational chart, illustrating the organization, including the proposed quality control group(s).
Identify the firms selected for the project, if work is not to be self-performed. The Offeror shall describe
the proposed management structure of the team, and how the construction process will be managed.
c. Self-Performed Work. Generally describe the types of work the Offeror will self-perform to comply with
the requirements in clause 52.236-1, Performance of Work by the Contactor, for self-performed work.
Note: The organization and management plan will be incorporated into the contract and the Offeror will be
expected to follow it.
5.2.2 Evaluation
a. The Government will evaluate the strengths, weaknesses, and any deficiencies in the plan. The
Government will evaluate the Offerors understanding of the requirements described in the technical
specification of the solicitation. The Government intends to assess each Offerors plan to determine how
well the Offeror understands the project.
b. Organization. The Government will evaluate the clarity and strength of the overall organization and how
well it is organized, structured, and staffed to execute the entire scope of work. If applicable, joint venture
participants contribution to the organization shall be commensurate with its skills and background.
c. Self-Performed Work. The Government will evaluate the Offerors proposal to ensure that self-performed
work complies with the requirements of Clause 52.236-1 for self-performed work.
See paragraph 9.5.c for the evaluation rating system for Factor 1, Subfactor 2, Organization and Management
Plan.
a. For the contracts listed under Factor 1 Corporate Experience, the Government will query the Offerors
Performance Assessment Reporting System (CPARS) to validate past performance ratings on Department
of Defense contracts and any other past performance information the Government deems necessary to
evaluate an Offerors past performance.
b. For each contract that does not have a CPARS evaluation, the Offeror shall send a copy of the Past
Performance Questionnaire (PPQ) which is included in Attachment D to the points of contact responsible
for monitoring performance under such contracts. The Past Performance Questionnaire included in the
solicitation is provided for the Offeror or its team members to submit to the client for each contract the
Offeror includes in its proposal for Subfactor 1, Corporate Experience. Ensure the name, phone numbers,
and e-mail addresses are provided for the clients point of contact. Completed Past Performance
Questionnaires should be submitted with the Offerors proposal. If the Offeror is unable to obtain a
completed PPQ from a client for a contract(s) before proposal closing date, the Offeror shall complete and
submit with the proposal the first page of the PPQ (Attachment D) which will provide contact and client
information for the respective contract(s). Offerors should follow-up with clients/references to ensure
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timely submittal of questionnaires. The Offeror should explain problems encountered and actions taken for
any submitted contract. If the client requests, questionnaires may be submitted directly to the
Government's point of contact, via email at W9128A-17-R-0001@usace.army.mil prior to proposal
closing date. Offerors shall not incorporate by reference into its proposal PPQs previously submitted for
other solicitations. However, this does not preclude the Government from utilizing previously submitted
PPQ information in the past performance evaluation.
c. The Information contained in the questionnaires will be used to evaluate the Offerors past performance. If
any negative past performance information is received, the Offeror will be given an opportunity to provide
a rebuttal. The Offeror is responsible for ensuring it submits a copy of past performance assessments
(CPARS or PPQs) or notifies the Government and ensures that an assessment is already in CPARS.
Offerors that have no past performance ratings shall indicate it in its proposal, that it has no previous
clients and that the questionnaires cannot be provided. It is the Offerors responsibility to ensure the
referenced documentation is provided, as the Government may not make additional request for past
performance from the references. The evaluation form shall be provided to the Governments point of
contact in paragraph 1.3. Offerors are not to request past performance questionnaires on contracts that
have final CPARS evaluation. If a past performance questionnaire is received on a contract where a final
CPARS evaluation exists, the CPARS evaluation will serve as the official rating of record for evaluation
purposes.
d. The Government may contact references provided as part of Subfactor 1 Corporate Experience, for
information regarding the Offerors past performance on the contract, and for the purposes of assessing
and verifying the scope of work performed. Offerors should provide accurate, current, and complete
contact information for references provided in the contract descriptions.
e. Additionally, for each of the contracts submitted under Factor 1, the Offeror shall provide the final or most
recent Individual Subcontracting Report (or SF 294 if the report was prior to October 2005) prepared for
submission through the Electronic Subcontracting Reporting System (eSRS) for Government contracts.
For non-government contracts, the Offeror shall provide planned subcontracting goals and actual
subcontracted dollars in terms of total contract dollars for Small Business (SB) (including Alaska Native
Corporations and Indian tribes), Small Disadvantaged Business (SDB) (including ANC and Indian tribes),
Women-Owned Small Business (WOSB), HUBZone Small Business (HUBZone SB), Veteran-Owned
Small Business (VOSB), Service-Disabled Veteran-Owned Small Business (SDVOSB), and Historically
Black Colleges and Universities (HBCUs), and Minority Institutions (MI).
f. The Government may review any other sources of information for evaluating past performance. Other
sources may include, but are not limited to, past performance information retrieved through Past
Performance Information Retrieval System (PPIRS), using all CAGE/DUNS numbers of team members
(partnership, joint venture, teaming agreement, or parent company / subsidiary / affiliate) identified in the
Offerors proposal, inquires of owners representative(s), Federal Awardee Performance and Integrity
Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other sources
not provided by the Offeror.
g. While the Government may elect to consider data from other sources, the burden of providing detailed,
current, accurate and complete past performance information rests with the Offeror.
h. Verification. The Government reserves the right to verify the experience record of cited contracts or other
recent and relevant contracts not submitted by the Offerors by reviewing Past Performance Information
Retrieval System (PPIRS), or other Government appraisal systems, or by contacting owner or references.
The Government may verify any or all cited references and supplied information. An Offeror will be
afforded the opportunity to reply to or explain adverse past performance information which the Offeror has
not previously had an opportunity to address.
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Offerors submitting a proposal as a Joint Venture (JV) shall obtain a DUNS number and be registered in
SAM.gov as the offering Joint Venture. If the Offeror is a Joint Venture (JV) and it does not have the SAM
Representations and Certifications as a JV, all participants of the JV must separately complete the SAM
Representations and Certification. The Offeror must provide three (3) to no more than five (5) recent and
relevant contracts performed by the JV that reflect the JVs ability to perform the work required in this
solicitation as required by paragraph 5.1.1, Submission Requirements.
a. If the Offeror is a Joint Venture (JV) and the JV does not have experience working as a JV, the partners of
the JV may submit experience on behalf of the Offeror. The JV may submit no more than five (5)
contracts, but each respective JV partner must submit at least one (1) contract under Subfactors 1 and 2.
b. In addition to the submission requirement for Subfactor 1, Corporate Experience, the Joint Venture shall
provide a brief narrative (not to exceed 1 single-sided page) stating the roles that each partner of the Joint
Venture will perform on this project. The attached Experience Information (see Attachment C) form
and Past Performance Survey form shall be used by the Joint Venture or the JV partners. The JV and/or
JV partners shall explain how it is structured.
a. Past Performance Evaluation includes two aspects that results in the assessment of the Offerors
probability of performing requirements stated in the Request for Proposal (RFP) based on the Offerors
demonstrated performance on recent, relevant contracts. (For the purpose of this solicitation, a recent
contract is at least 80% complete or turned over since 2010.)
b. First, an Offerors past performance will be evaluated to determine how relevant a recent contract is to the
requirements of the RFP. The relevancy determination will be based on the submitted contracts for Subfactor
1 - Corporate Experience, Evaluation Criteria (paragraph 6.2).
c. Second, the Offerors past performance shall be given a Performance Confidence Assessment based on
how well the contractor performed on recent and relevant past contracts. When evaluating relevant past
performance and assigning a Performance Confidence rating, the Government will consider if the
information is recent and relevant, source of the information, context of the data, and general trends in
contractor performance. If any Offeror has multiple functions or divisions, the Government will only
evaluate past performance of the division or unit submitting the proposal. Owners/references may be asked
to comment on items such as quality of construction, timeliness, management of the work, subcontractor
management, including timely payment to subcontractors or suppliers, small business participation, safety,
relations between owner and contractor, level of support for such things as as-built documentation,
Operations and Maintenance (O&M) manuals, training, correcting construction errors, warranty work, etc.
The Government will target areas covered in the requirements of this proposal including records of
conforming to quality, schedule, cost control, customer satisfaction, level of support for items such as, as-
built documentation, O&M manuals, training, resolution of problems for construction errors, warranty
work, and safety. The Government will not release the interview forms to the Offeror at any time, in order
for the Government to solicit candid, unbiased interview comments.
d. The Government intends to place a higher value on contracts that document successful outcomes and are
supported by outside source confirmation, for example, but not limited to, telephone interviews with points
of contact identified in the proposal, CCASS/ACASS or other agency performance databases, Offeror
furnished references, or personal knowledge. The Government also places a higher value on recent
relevant contracts and contracts that provided particularly difficult or unique challenges, and illustrate the
innovative methods that the contractor used to successfully resolve problems. The Governments
evaluation is not limited to past performance information on the cited example contracts. Offerors without
a history of past performance will receive a neutral rating.
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e. Each entity (firm) will be rated on its own performance or that of its predecessor, if relevant, except as
described in paragraph 6.1.1. An entity may not establish past performance based on the past performance
of its proposed key personnel, apart from that of the entity. If the Government does not obtain past
performance information for the contracts identified by the Offeror and cannot establish a past
performance record for the Offeror through other sources, past performance will be rated neither favorably
nor unfavorably. The performance risk will be considered unknown.
Note: In the case of an Offeror without a record of past performance of for whom information on past
performance is not available or so sparse that no meaningful past performance rating can be reasonably
assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (See FAR
15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have a neutral past performance with a
performance risk of unknown.
For Factor 2, the Government will assign each proposal a Past Performance Relevancy Rating under the rating
system in paragraph 9.5.d and a Past Performance Confidence Rating under the rating system in paragraph
9.5.e.
All Offerors shall identify the extent to which Small Businesses (SBs) (including Alaska Native Corporations
and Indian tribes), Veteran-Owned Small Businesses (VOSBs), Service-Disabled Veteran-Owned Small
Businesses (SDVOSBs), HUBZone Small Businesses, Small Disadvantaged Businesses (SDBs), Woman-
Owned Small Businesses (WOSBs), and Historically Black Colleges/Universities or Minority Institutions
(HBCU/MIs) would be utilized in the performance of this proposed contract. For small businesses, as defined
by the North American Industry Classification System (NAICS) Code applicable to this solicitation, the
Offeror shall identify their own participation as a SB, VOSB, SDVOSB, HUBZone SB, SDB, WOSB, or
HBCU/MI, and it will be considered in evaluating the proposed small business participation plan (use
Attachment 5 - Small Business Participation Plan).
Offerors must propose goals for Small Business Participation. Small business participation goals are to be an
estimated percentage of total contract dollars. Provide an overall goal to be accomplished through collective
small business participation from any type of small business, to include all small business programs, and
propose individual goals for each small business program. The work to be performed directly by a small
business prime Offeror will be included in the offerors Small Business Participation goal.
The Offerors proposal must meet the minimum Total Small Business Participation goal (all types of small
business combined) of 20% of total proposed contract value for this acquisition.
All Offerors (both large and small businesses) will be evaluated on the level of small business commitment
that they demonstrate for the proposed acquisition.
A small business Offeror also receives credit for their small business participation as a Prime Contractor and
can apply their dollar value when calculating percentages in all the applicable small business categories.
Small Business Participation Plans (from large and small businesses) will be evaluated on the basis of:
a. The extent to which Small Business (SB) firms, as defined in FAR Part 19, are specifically identified in
the proposal;
b. The extent of commitment to Small Business firms (for example, enforceable commitments will be given
additional consideration over non-enforceable commitments);
c. The complexity and variety of the work small business firms are to perform;
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d. Past performance of the Offerors in complying with the requirement of the clauses 52.219-8, Utilization of
Small Business Concerns, and 52.219-9, Small Business Subcontracting Plan (large business only); and
e. The extent of participation of SB firms in terms of value of the total acquisition and the extent of which
the proposal meets or exceeds the small business participation goals for this acquisition.
The following rating for Factor 3, Small Business Participation Plan applies:
a. Outstanding. Proposal indicates an exceptional approach and understanding of the small business
objectives. Offeror is a large or small business. SB firm(s) are specifically identified in the proposal;
demonstrates substantive commitment to SB firm(s), for example, enforceable commitment with one (1) or
more firms; identifies the complexity and variety of work small businesses are to perform; demonstrates
commitment to far exceed the 20% SB Participation goal (such as offering 30% or more). For prime
contractors that are large business, the proposal displays past performance in complying with FAR 52.219-
8 and 52.219-9.
b. Good. Proposal indicates a thorough approach and understanding of the small business objectives.
Offeror is a large or small business. SB firm(s) are specifically identified in the proposal; demonstrates
substantive commitment to SB firm(s), for example, enforceable commitment with one (1) or more firms;
identifies the complexity and variety of work small businesses are to perform; demonstrates commitment
to exceed the 20% SB Participation goal. For prime contractors that are large business, the proposal
displays past performance in complying with FAR 52.219-8 and 52.219-9.
c. Acceptable. Proposal meets requirements and indicates an adequate approach and understanding of the
small business objectives. Offeror is a large or small business. SB firm(s) are specifically identified in the
proposal; demonstrates a commitment to SB firm(s); identifies the complexity and variety of work small
businesses are to perform; demonstrates commitment to meet the 20% SB Participation goal. For prime
contractors that are large business, the proposal displays past performance in complying with FAR 52.219-
8 and 52.219-9.
d. Marginal. Proposal has not demonstrated an adequate approach and understanding of the small business
objectives. Offeror is a large or small business. SB firm(s) are specifically identified in the proposal, but
the Offeror does not fully demonstrate a commitment to SB firm(s); or does not fully identify a
commitment to use SB firms or does not fully identify the work small businesses are to perform; or for
prime contractors that are large business, the proposal does not fully display past performance in
complying with FAR 52.219-8 and 52.219-9 and/or does not explain or provide justification for the lack of
substantive effort. The Offeror demonstrates a commitment to meet between 10% to 19% of the SB
participation goal.
e. Unacceptable. Proposal does not meet the small business objectives. Offeror is a large or small business,
and demonstrates commitment to meet less than 10% SB Participation goals or does not identify SBs in
the proposal; or does not fully identify a commitment to use SB firms; or does not identify the work small
businesses are to perform; or for prime contractors that are large business, the proposal does not display
past performance in complying with FAR 52.219-8 and 52.219-9 and/or does not explain or provide
justification for the lack of substantive effort.
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8.1.1 Price Proposal. Submit the Price Proposal in read-only PDF format. The only documents that can be scanned
are the SF1442, acknowledgement of amendments, and a letter from the surety for bonding capability. Sections of
the proposal shall be bookmarked (linked to the index) in logical order.
Offerors shall submit the price proposal in a second envelope that is clearly marked, PRICE PROPOSAL,
VOLUME 2, RFP NO. W9128A-17-R-0001.
8.1.2 Size Restrictions and Page Limits. The following are established for each factor:
Proposal material shall be submitted in PDF format. Do not use a font size smaller than 10 pitch, an unusual font
style such as script, or condensed print for any submission. Each page shall be identified with the appropriate page
number centered at the bottom of the page. Sheet size of the proposal contents shall be 8-1/2 inches x 11 inches.
8.1.3 Format and Contents of the Price Proposal and List of Tabs. The Price Proposal shall be tabbed and labeled
in a manner to afford easy identification from a Table of Contents, as indicated in the following chart below.
1 Coversheet
4 Bonding Capability
Copy of Representations and Certifications completed electronically via the System for
5
Award Management (SAM.gov).
HUBZONE CONTRACTORS. This RFP includes Contract Clause 52.219-4 regarding a 10% evaluation preference
for HUBZone small business concerns. HUBZone small business concerns electing to waive their evaluation
preference shall submit a copy of clause 52.219-4 indicating such. HUBZONE small business concerns not waiving
the evaluation preference shall submit a copy of their SBA certification letter under this tab.
Supplemental Price Breakdown. If deemed necessary to evaluate elements of the price proposal, the Government
will request a breakdown of elements of the price in a sealed envelope marked Price Breakdown Information, in
Excel format. The Government will provide details on where and how to send the breakdown. This information will
not be needed sooner than three working days after proposal submission due date. This information may be required
for the initial proposal, and if requested, for any revised proposals. This information is not an opportunity for an
Offeror to revise its non-price or price proposal.
Section 00 22 16 Page 15
W9128A-17-R-0001
Volume 2, TAB 1: The SF 1442, Solicitation, Offer, and Award is to be completed by all Offerors and duly executed
with an original signature by an official authorized to bind the company in accordance with FAR 4.102. All
amendments must be acknowledged by all Offerors in accordance with the instructions on the Standard Form 30,
Amendment of Solicitation.
Volume 2, TAB 2: The Proposal Schedule is to be completed in its entirety by all Offerors. See Section 00 10 00
with attached notes, for further instructions.
Volume 2, TAB 3: Offerors shall provide an original letter from the offerors surety(ies) which indicates the Offeror
has bonding capability for an amount that equals or exceeds the Offerors price proposal. Failure to provide bonding
capability equal to or exceeding the Offerors proposed price will make the Offeror ineligible for award.
Volume 2, TAB 4: All Offerors must have electronically completed the annual Representations and Certifications on
the System for Award Management (SAM) Website at www.sam.gov or respond with the completed Representations
/ Certifications found in the solicitation. The Offerors are responsible for ensuring that these on-line Representations
and Certifications are updated as necessary to reflect changes, but at least annually to ensure that it is kept current,
accurate and complete. Additionally, the Offeror must also complete and return the Representations, Certifications,
and Other Statements of Offerors included in the solicitation. If the Offeror is a Joint Venture (JV) and it does not
have the SAM Representations and Certifications as a JV, all participants of the JV must separately complete the
SAM Representations and Certification.
Volume 2, TAB 5: Joint Venture Agreement (if applicable): If the Offeror is a Joint Venture (JV), include a copy of
the finalized / approved JV Agreement. JV Agreements must clearly indicate the percentages of the JV participants,
in particular the percent of the controlling party, and a clear delineation of responsibilities and authorities between
the JV parties. If the Offeror is a Limited Liability Company, include a copy of the Articles of Organization /
Incorporation.
In the case of an Offeror that is part of a large, multi-segmented business concern, provide information directly
pertaining to the specific segment of the business concern (i.e., the division, group, unit, etc.) that will perform work
under the prospective contract.
Note: If the Offeror is not required to submit any information under a listed Tab (such as a JV Agreement) in
accordance with the instructions below, the tab can be omitted.
Volume 2, TAB 6: Subcontracting Plan (only required from Large Business Concerns)
If the Offeror is a large business concern, the Offeror shall submit a subcontracting plan in accordance with FAR
52.219-9 (See Section 00 22 16, Appendix A for a sample) NO LATER THAN five (5) days after a notification
request from the Contracting Officer or the Contract Specialist. The Offeror may fax its small business
subcontracting plan to (808) 836-4396. The subcontracting goals established for small business, small disadvantaged
business, woman-owned business, HUBZone business, veteran-owned small business and service disabled veteran-
owned small business are described in Section 00 21 00, Instruction to Offerors.
The plan shall include a description of the types of services the firm proposes to subcontract with small business
(SB), small disadvantaged business (SDB) (to include historically black colleges and universities/minority
institutions (HBCU/MI)), woman-owned small business (WOSB), HUBZone business, veteran-owned small business
(VOSB) and service-disabled veteran-owned small business (SDVOSB), along with the proposed percentages of
their participation, to demonstrate a plan to meet the subcontracting goals that will apply to these contracts. The
Offeror shall provide specific information on proposed subcontracted effort for this project.
The Government will evaluate the Plan in accordance with the rating scheme in AFARS Appendix DD
(http://farsite.hill.af.mil/VFAFARA.HTM) and with the requirements of FAR Clause 52.219-9. Offerors are
Section 00 22 16 Page 16
W9128A-17-R-0001
encouraged to review AFARS Appendix DD for how the subcontracting plan will be scored. To be acceptable,
subcontracting plans must address all requirements in AFARS Appendix DD, DD-301.
Subcontracting Plans shall reflect and be consistent with the commitments offered in the Small Business Participation
Plan. In accordance with DFARS 215.304 (c), when an evaluation assesses the extent that small businesses and
HBCUs are specifically identified in proposals, the small businesses and HBCUs considered in the evaluation shall
be listed in any subcontracting plan submitted.
As part of the subcontracting plan evaluation, the Government will also review information submitted or obtained for
Volume 1, Tab E, Small Business Participation Plan, to evaluate the Offerors past performance in establishing
realistic yet challenging goals, and in achieving them.
Only the selected Offerors plan will be reviewed and must be approved prior to award of the contract.
The Offerors proposed price will not be rated or scored, but will be evaluated to determine if it is fair and
reasonable, using one or more of the price analysis techniques found at FAR 15.404-1(b). The Government may
request supplemental price breakdown information to assist the Government in performing the price evaluation.
A SSAC will be established to provide a written comparative analysis of offers and recommendation for use by the
Source Selection Authority (SSA) in making the best value selection decision. The SSAC will also provide oversight
to the Source Selection Evaluation Board (SSEB).
The SSEB will be established to conduct the evaluation of proposals received in response to this solicitation. The
evaluation will be based on the content of the proposal and any subsequent discussions required, as well as
information obtained from other sources, e.g. past performance information. The SSEB will not consider any
information incorporated by reference, except as expressly allowed by this solicitation.
9.3 Evaluation
a. The SSEB will evaluate the proposals and assign a consensus rating for each evaluation factor,
except that performance risk ratings are assigned to past performance (see below).
b. The Government intends to award without discussions. Offerors are cautioned to put forth best
efforts and to furnish all information clearly to allow the Government to evaluate proposals. An
Offeror should not assume that it will have an opportunity to clarify or correct anything in its
proposal after submitting it to the Government.
c. A Competitive Range is a subjective determination of the most highly rated proposals in the
event that the Government decides that discussions with competing firms are required or are
considered to be in the Governments best interests. In such an event, the Contracting Officer will
establish a competitive range of the most highly rated proposals.
d. If discussions are held, the Government may engage in a broad give and take with those Offerors in
the competitive range, in accordance with FAR 15.306 (d). The Government will provide the
Offeror via an Evaluation Notice with its significant weaknesses, deficiencies, adverse past
Section 00 22 16 Page 17
W9128A-17-R-0001
performance, and any other aspects of the Offerors proposal that could enhance materially the
Offerors proposal for award. During discussions, the Government may ask the Offeror to further
explain and / or to answer questions about its proposal.
e. Upon conclusion of discussions, those Offerors that are still considered the most highly rated, will
be afforded an opportunity to submit final proposal revisions for final evaluation and selection.
9.4 Definitions
b. Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance.
c. Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract
performance.
d. Strength. Any aspect of a proposal that, when judged against a stated evaluation criterion, enhances the
merit of the proposal or increases the probability of successful performance of the contract.
e. Significant Strength. A significant strength appreciably enhances the merit of a proposal or appreciably
enhances the probability of successful contract performance.
f. Deviation: Proposal implies or specifically offers a deviation below the specified criteria. The firm may
or may not have called the deviation to the Governments attention. A deviation is a deficiency. The
proposal must conform to the solicitation requirements for award.
a. General. The Government will review the proposals and rate the quality of each evaluation factor. The
SSEB will rate each proposal against the specified evaluation criteria in the Solicitation requirements. The
SSEB will not compare proposals at this time. After all proposals are rated, the Government will compare
the ratings and relative advantages and disadvantages of proposals against each other.
b. Review Write-up. The Government will support each rating with a narrative separately listing all strengths
or advantages, weaknesses or disadvantages, deficiencies, and required clarifications.
c. Factor 1, Subfactor 1, Corporate Experience, and Factor 1, Subfactor 2, Organization and Management
Plan Rating System. After listing proposal strengths, weaknesses and deficiencies, the SSEB will assign
an adjectival rating of Outstanding, Good, Acceptable, Marginal, or Unacceptable. The
adjectival ratings shall be assigned, using the following criteria, which incorporate a proposal risk
assessment:
Section 00 22 16 Page 18
W9128A-17-R-0001
Aspects of relevancy include similarity, complexity, dollar value, contract type, and degree of subcontracting /
teaming.
Very Relevant Present/past performance effort involved essentially the same scope and magnitude of
effort and complexities this solicitation requires.
Relevant Present/past performance effort involved similar scope and magnitude of effort and
complexities this solicitation requires.
Somewhat Present/past performance effort involved some of the scope and magnitude of effort and
Relevant complexities this solicitation requires.
Not Relevant Present/past performance effort involved little or none of the scope and magnitude of
effort and complexities this solicitation requires.
One performance confidence rating is assigned for each Offeror after evaluating the Offerors recent past
performance, focusing on performance that is relevant to the contract requirements.
Section 00 22 16 Page 19
W9128A-17-R-0001
Substantial Based on the Offerors recent/relevant performance record, the Government has a high
Confidence expectation that the Offeror will successfully perform the required effort.
Satisfactory Based on the Offerors recent/relevant performance record, the Government has a
Confidence reasonable expectation that the Offeror will successfully perform the required effort.
Limited Based on the Offerors recent/relevant performance record, the Government has a low
Confidence expectation that the Offeror will successfully perform the required effort.
No Confidence Based on the Offerors recent/relevant performance record, the Government has no
expectation that the Offeror will successfully perform the required effort.
Section 00 22 16 Page 20
W9128A-17-R-0001
Attachment A
As used in this Agreement, Controlled Unclassified Information (CUI) is an over-arching term that covers any
information which the loss of, misuse of, or unauthorized access to or modification of could adversely affect the
national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Section
552a of Title 5, as amended, but which has not been specifically authorized under criteria established by an
Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. This
includes information categorized by government agencies as: For Official Use Only (FOUO) and any other
identifier used by other government agencies to categorize information as CUI. Applicable regulations governing
the handling and dissemination of FOUO are DoD Manual 5200.01-V4 and Army Regulation 380-5.
I understand and agree to the following terms and conditions of my access to the information indicated above:
2. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of
information to which I have been provided conditional access, including the procedures to be followed in
ascertaining whether other persons to whom I contemplate disclosing this information have been approved for
access to it, and that I understand these procedures.
3. By being granted conditional access to the information indicated above, the United States Government has
placed special confidence and trust in me and I am obligated to protect this information from unauthorized
disclosure, in accordance with the terms of this Agreement and the laws, regulations, and directives applicable to
the specific categories of information to which I am granted access.
4. I attest that I understand my responsibilities and that I am familiar with and will comply with the standards for
protecting such information that I may have access to in accordance with the terms of this Agreement and the
laws, regulations, and/or directives applicable to the specific categories of information to which I am granted
access. I understand that the United States Government may conduct inspections, at any time or place, for the
purpose of ensuring compliance with the conditions for access, dissemination, handling and safeguarding
information under this Agreement.
5. If I am represent the prime contractor, I will have my subcontractor(s) and my suppliers complete and sign
Attachment A, Controlled Unclassified Information Non-Disclosure Agreement and Attachment B, Instructions
for Handling and Dissemination of for Official Use Only (FOUO) Information PRIOR to releasing any copies or
reproduction of any part of the solicitation documents (W9128A-17-R-0001). As the prime contractor I will keep
a list of subcontractor(s) and suppliers who were provided the solicitation documents. I hereby agree that the
Government reserves the right to ask the list of subcontractor(s) and suppliers who were provided a copy of the
solicitation documents.
6. I will not disclose or release any information provided to me pursuant to this Agreement without proper
authority or authorization. Should situations arise that warrant the disclosure or release of such information I will
do so only under approved circumstances and in accordance with the laws, regulations, or directives applicable to
the specific categories of information. I will honor and comply with any and all dissemination restrictions cited or
verbally relayed to me by the proper authority.
7. I hereby agree that material which I have in my possession and containing information covered by this
Agreement, will be handled and safeguarded in a manner that affords sufficient protection to prevent the
unauthorized disclosure of or inadvertent access to such information, consistent with the laws, regulations, or
directives applicable to the specific categories of information. I agree that I shall return all information to which I
have had access or which is in my possession 1) upon demand by an authorized individual; and/or 2) upon the
conclusion of my duties, association, or support to the United States Government; and/or 3) upon the
determination that my official duties do not require further access to such information.
8. I hereby agree that I will not alter or remove markings, which indicate a category of information or require
specific handling instructions, from any material I may come in contact with unless such alteration or removal is
consistent with the requirements set forth in the laws, regulations, or directives applicable to the specific category
of information. I agree that if I use information from a sensitive document or other medium, I will carry forward
any markings or other required restrictions to derivative products, and will protect them in the same matter as the
original.
9. I hereby agree that I shall promptly report to the appropriate official, in accordance with the guidance issued
for the applicable category of information, any loss, theft, misuse, misplacement, unauthorized disclosure, or
other security violation, I have knowledge of and whether or not I am personally involved. I also understand that
my anonymity will be kept to the extent possible when reporting security violations.
10. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my
conditional access to the information covered by this Agreement. This may serve as a basis for denying me
conditional access to other types of information, to include classified national security information.
11. I hereby assign to the United States Government all royalties, remunerations, and emoluments that have
resulted, will result, or may result from any disclosure, publication, or revelation of the information not consistent
with the terms of this Agreement.
12. This Agreement is made and intended for the benefit of the United States Government and may be enforced
by the United States Government or the Authorized Entity. By granting me conditional access to information in
this context, the United States Government may seek any remedy available to it to enforce this Agreement
including, but not limited to, application for a court order prohibiting disclosure of information in breach of this
Agreement. I understand that if I violate the terms and conditions of this Agreement, I could be subjected to
administrative, disciplinary, civil, or criminal action, as appropriate, under the laws, regulations, or directives
applicable to the category of information involved and neither the United States Government nor the Authorized
Entity have waived any statutory or common law evidentiary privileges or protections that they may assert in any
administrative or court proceeding to protect any CUI to which I have been given conditional access under the
terms of this Agreement.
13. I understand that all conditions and obligations imposed upon me by this Agreement apply during the time
that I am granted conditional access, and at all times thereafter.
14. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be
unenforceable, all other provisions shall remain in full force and effect.
15. My execution of this Agreement shall not nullify or affect in any manner any other secrecy or non-disclosure
Agreement which I have executed or may execute with the United States Government or any of its departments or
agencies.
16. These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No. 12958, as amended; Section 7211 of Title 5,
United States Code (governing disclosures to Congress); Section 1034 of Title 10, United States Code, as
amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the
military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act
(governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence
Identities Protection Act of 1982 (50 USC 421 et seq.) (governing disclosures that could expose confidential
Government agents); and the statutes which protect against disclosure that may compromise the national security,
including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code, and Section 4(b) of the
Subversive Activities Act of 1950 (50 USC 783(b)). The definitions, requirements, obligations, rights, sanctions,
and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are
controlling.
17. I have read this Agreement carefully and my questions, if any, have been answered. I acknowledge that the
briefing officer has made available to me any laws, regulations, or directives referenced in this document so that I
may read them at this time, if I so choose.
Signature Date
Attachment B
Instructions for Handling and Dissemination of FOUO information
Access to FOUO Information
FOUO information may be disseminated within the DoD components and between officials of the DoD
components and DoD contractors, consultants, and grantees as necessary in the conduct of official business.
FOUO information may also be released to officials in other departments and agencies of the executive and
judicial branches in performance of a valid government function.
Unclassified documents and material containing FOUO information shall be marked as follows:
Documents will be marked FOR OFFICIAL USE ONLY at the bottom of the front cover (if there is one),
the title page (if there is one), the first page, and the outside of the back cover (if there is one).
Pages of the document that contain FOUO information shall be marked FOR OFFICIAL USE ONLY at
the bottom.-
Each paragraph containing FOUO information shall be marked with the abbreviation FOUO in
parentheses at the beginning of the FOUO portion.
Material other than paper documents (for example, slides, computer media, films, etc.) shall bear
markings which alert the holder or viewer that the material contains FOUO information.
FOUO documents and material transmitted outside the Department of Defense must bear an expanded
marking on the face of the document so that non-DoD holders understand the status of the information. A
statement similar to this one should be used:
When FOUO information is contained within a classified document, the same rules apply except that full pages
that contain FOUO information but no classified information shall be marked FOR OFFICIAL USE ONLY at
both the top and bottom of the page.
FOUO information should be handled in a manner that provides reasonable assurance that unauthorized persons
do not gain access.
During working hours, reasonable steps should be taken to minimize risk of access by unauthorized personnel.
After working hours, FOUO may be stored as a minimum in unlocked containers, desks or cabinets if government
or government-contract building security is provided. If government or government-contract building security is
not provided, it must be stored at a minimum in a locked desk, file cabinet, bookcase, locked room, or similar
place.
FOUO documents and material may be transmitted via first class mail, parcel post, or -- for bulk shipments --
fourth class mail.
Fax or e-mail transmission of FOUO information (voice, data or facsimile) must be by encrypted communications
systems. FOUO information may not be made publicly available (i.e. placed on the internet) and if maintained on
a network, data must be encrypted at rest.
FOUO documents must be destroyed by using a cross-cut shredder when no longer needed.
The Contractor is prohibited from further disclosure, dissemination, removal, or reproduction of this information
without the expressed written authorization of the
Contracting Officer of their representative.
The Contractor will maintain sufficient records to detail accountability for all copies of provided documents.
The Contractor requires written permission from the Contracting Officer or their designated representative to
share FOUO information with Foreign Nationals.
Enforcement
Administrative penalties may be imposed for misuse of FOUO information. Criminal penalties may be imposed
depending on the actual content of the information (privacy, export control, etc.).
I acknowledge and understand my responsibilities for the handling and protection of FOUO information
Attachment 1
OPERATIONS SECURITY (OPSEC) ADDENDUM
(U) Operations Security (OPSEC). Contractor must develop and implement processes and procedures to protect
unclassified and sensitive aspects of the project from disclosure to unauthorized personnel (i.e., anyone operating
outside the scope of the project). Information that must be protected falls into three categories: administration /
organization, operations, and facility design. The contractor must protect organizational data that includes unit
mission, organizational structure, administrative & operational support relationships with higher headquarters and
host nation organizations. The contractor must protect operations data that includes installation activities &
operations, construction activities & operations, and installation & construction security procedures and protocols.
The contractor must also protect facility design information reflecting sensitive capabilities and vulnerabilities.
The critical information list highlights other unclassified and sensitive information that may require protection
from disclosure to unauthorized personnel.
(U/FOUO) Prime areas for consideration include: "For Official Use Only" (FOUO) document control & storage,
transmission, and destruction; worker / visitor access control & escort procedures; and material acquisition &
delivery. Contractors will PKI-encrypt all FOUO project data transmitted via unclassified internet
communications. FOUO project data may not be made publicly available (i.e., placed on the internet) and if
maintained on a publicly available network [server], data must also be encrypted at rest.
Unless FOUO material is approved for public release by the U.S. Government Contracting Officer or his
designated representative, Contractor must protect the material (e.g., facility designs, drawings, and
specifications) from public release. U.S. Government Contracting Officer or his designated representative must
approve the release of any FOUO material to foreign nationals, e.g., local national subcontractors.
All project designs, drawings, and specifications shall be returned to the U.S. Government Contracting Officer or
his designated representative upon contract termination or earlier if no longer required.
Contractor must implement acquisition and shipping procedures to protect the integrity of materials intended for
installation within a secure facility.
(U) Contractors may be required to sign the non-disclosure agreements indicating that they will not reveal or
discuss project or installation details with unauthorized personnel. Unless authorized by installation security
officer, cameras and communications devices (e.g., cell phones, laptops, thumb drives) are prohibited on
installation.
Attachment 2
Attachment 3
1. The Prime Contractor may make additional copies or reproductions of any part of the solicitation documents
(W9128A-17-R-0001) for its subcontractors and its suppliers. The Prime Contractor shall follow Instructions
for Handling and Dissemination of FOUO Information (see Attachment B), Operations Security (OPSEC)
Addendum (Attachment 1), and Critical Information List (U) (Attachment 2).
2. The Prime Contractor shall have its subcontractors and its suppliers sign and complete the following forms:
a. Controlled Unclassified Information Non-Disclosure Agreement (Attachment A)
b. Instructions for Handling and Dissemination of FOUO Information (Attachment B)
3. The Prime Contractor shall design document control procedures, and identify personnel with the Prime
Contractor and all subcontractors and all suppliers, who will be responsible for maintaining document control
records. These personnel shall be identified. (See Attachment 4, Sample Spreadsheet for Vetting).
4. All subcontractors must also comply with all document control policies, and is prohibited from further
disclosure, dissemination, removal, or reproduction of this information without notifying the Prime
Contractor.
5. The Prime contractor-designated document control personnel shall maintain sufficient records to detail
accountability for all copies of provided documents. At a minimum the records must contain the names of all
persons issued documents along with a detailed description of the documents provided.
6. The Prime contractor document control personnel shall verify all documents are returned to their control when
no longer needed by personnel within their organization or by its subcontractors.
7. The Contractor shall limit dissemination of all information based on a need-to-know basis. The Prime
Contractor is responsible for controlling all forms of information, including documents, drawings, sketches,
photographs/exposed negatives, written descriptions of work requirements, electronic media, and similar
information. Upon request, return such information, including copies, promptly to the Contracting Officer /
Contracting Officers Representative (COR), or Site Security Manager (SSM).
8. At any time, the Government may request for the Spreadsheet for Vetting from the Prime Contractor, as well
as the completed and signed Instruction for Handling and Dissemination of FOUO Information and the
completed and signed Unclassified Information Non-Disclosure Agreement.
Attachment 4
Sample Spreadsheet for Vetting
Request Full Name Job Title Date of Place of Citizenship Home Address
No. Birth Birth
Attachment C
EXPERIENCE INFORMATION
(To be completed by Contractor)
If the Offeror is in a Joint Venture, identify which contractor in the Joint Venture Completed the contract.
1. Contractor: Name: 2. Contract /Task Order(TO) /Purchase Order (PO) Number:
Address:
3. Contract/TO/PO Award Amount:
Type of Contract (Design-Build, Design-Bid-Build, Work Plan Construct, Firm Fixed-Price, Cost Plus, etc.):
Contract Description-- to include the role of the contractor on the contract and specific responsibilities of the contractor in
performance of the effort:
Name:
Address:
Attachment D
USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0)
CONTRACT INFORMATION (Contractor to complete Blocks 1-4)
1. Contractor Information
Firm Name: CAGE Code:
Address: DUNs Number:
Phone Number:
Email Address:
Point of Contact: Contact Phone Number:
2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other
(Explain)
Percent of contract work performed:
If subcontractor, who was the prime (Name/Phone #):
3. Contract Information
Contract Number:
Delivery/Task Order Number (if applicable):
Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):
Contract Title:
Contract Location:
4. Project Description:
Complexity of Work: High Medium Routine
How is this contract relevant to contract of submission? (Please provide details such as similar equipment,
requirements, conditions, etc.)
NOTE: USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND SUBMITS DIRECTLY BACK TO THE
OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO USACE WITH ITS PROPOSAL, AND MAY
DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. CLIENTS ARE HIGHLY ENCOURAGED
TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO
USACE. PLEASE CONTACT THE OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT RESERVES THE RIGHT TO
VERIFY ANY AND ALL INFORMATION ON THIS FORM.
ATTACHMENT D (Continuation)
ADJECTIVAL RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT
YOUR EVALUATION OF THE CONTRACTORS PERFORMANCE
RATING DEFINITION NOTE
(E) Exceptional Performance meets contractual requirements An Exceptional rating is appropriate
and exceeds many to the Government/Owners when the Contractor successfully
benefit. The contractual performance of the performed multiple significant events that
element or sub-element being assessed was were of benefit to the
accomplished with few minor problems for Government/Owner. A singular benefit,
which corrective actions taken by the contractor however, could be of such magnitude that
was highly effective. it alone constitutes an Exceptional rating.
Also, there should have been NO
significant weaknesses identified.
(VG) Very Good Performance meets contractual requirements A Very Good rating is appropriate when
and exceeds some to the Governments/Owners the Contractor successfully performed a
benefit. The contractual performance of the significant event that was a benefit to the
element or sub-element being assessed was Government/Owner. There should have
accomplished with some minor problems for been no significant weaknesses identified.
which corrective actions taken by the contractor
were effective.
(S) Satisfactory Performance meets minimum contractual A Satisfactory rating is appropriate when
requirements. The contractual performance of there were only minor problems, or major
the element or sub-element contains some problems that the contractor recovered
minor problems for which corrective actions from without impact to the contract.
taken by the contractor appear or were There should have been NO significant
satisfactory. weaknesses identified. Per DOD policy, a
fundamental principle of assigning ratings
is that contractors will not be assessed a
rating lower than Satisfactory solely for
not performing beyond the requirements
of the contract.
(M) Marginal Performance does not meet some contractual A Marginal is appropriate when a
requirements. The contractual performance of significant event occurred that the
the element or sub-element being assessed contractor had trouble overcoming which
reflects a serious problem for which the impacted the Government/Owner.
contractor has not yet identified corrective
actions. The contractor's proposed actions
appear only marginally effective or were not
fully implemented.
(U) Unsatisfactory Performance does not meet most contractual An Unsatisfactory rating is appropriate
requirements and recovery is not likely in a when multiple significant events occurred
timely manner. The contractual performance of that the contractor had trouble
the element or sub-element contains serious overcoming and which impacted the
problem(s) for which the contractor's corrective Government/Owner. A singular problem,
actions appear or were ineffective. however, could be of such serious
magnitude that it alone constitutes an
unsatisfactory rating.
(N) Not Applicable No information or did not apply to your contract Rating will be neither positive nor
negative.
TO BE COMPLETED BY CLIENT
1. QUALITY:
a) Quality of technical data/report preparation efforts E VG S M U N
b) Ability to meet quality standards specified for technical performance E VG S M U N
c) Timeliness/effectiveness of contract problem resolution without
E VG S M U N
extensive customer guidance
d) Adequacy/effectiveness of quality control program and adherence to
contract quality assurance requirements (without adverse effect on E VG S M U N
performance)
2. SCHEDULE/TIMELINESS OF PERFORMANCE:
a) Compliance with contract delivery/completion schedules including any
significant intermediate milestones. (If liquidated damages were assessed E VG S M U N
or the schedule was not met, please address below)
b) Rate the contractors use of available resources to accomplish tasks
E VG S M U N
identified in the contract
3. CUSTOMER SATISFACTION:
a) To what extent were the end users satisfied with the project? E VG S M U N
b) Contractor was reasonable and cooperative in dealing with your staff
(including the ability to successfully resolve disagreements/disputes; E VG S M U N
responsiveness to administrative reports, businesslike and communication)
c) To what extent was the contractor cooperative, businesslike, and
E VG S M U N
concerned with the interests of the customer?
d) Overall customer satisfaction E VG S M U N
4. MANAGEMENT/ PERSONNEL/LABOR
a) Effectiveness of on-site management, including management of
E VG S M U N
subcontractors, suppliers, materials, and/or labor force?
b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N
c) Government Property Control E VG S M U N
d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N
e) Utilization of Small Business concerns E VG S M U N
f) Ability to simultaneously manage multiple projects with multiple
E VG S M U N
disciplines
g) Ability to assimilate and incorporate changes in requirements and/or
priority, including planning, execution and response to Government E VG S M U N
changes
5. COST/FINANCIAL MANAGEMENT
a) Ability to meet the terms and conditions within the contractually agreed
E VG S M U N
price(s)?
b) Contractor proposed innovative alternative methods/processes that
reduced cost, improved maintainability or other factors that benefited the E VG S M U N
client
c) If this is/was a Government cost type contract, please rate the
Contractors timeliness and accuracy in submitting monthly invoices with
appropriate back-up documentation, monthly status reports/budget E VG S M U N
variance reports, compliance with established budgets and avoidance of
significant and/or unexplained variances (under runs or overruns)
d) Is the Contractors accounting system adequate for management and
Yes No
tracking of costs? If no, please explain in Remarks section.
e) If this is/was a Government contract, has/was this contract been partially
or completely terminated for default or convenience or are there any
Yes No
pending terminations? Indicate if show cause or cure notices were issued,
or any default action in comment section below.
f) Have there been any indications that the contractor has had any financial
Yes No
problems? If yes, please explain below.
6. SAFETY/SECURITY
a) To what extent was the contractor able to maintain an environment of
safety, adhere to its approved safety plan, and respond to safety issues?
E VG S M U N
(Includes: following the users rules, regulations, and requirements
regarding housekeeping, safety, correction of noted deficiencies, etc.)
b) Contractor complied with all security requirements for the project and
E VG S M U N
personnel security requirements.
7. GENERAL
a) Ability to successfully respond to emergency and/or surge situations
(including notifying COR, PM or Contracting Officer in a timely manner E VG S M U N
regarding urgent contractual issues).
b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N
c) Would you hire or work with this firm again? (If no, please explain
Yes No
below)
d) In summary, provide an overall rating for the work performed by this
E VG S M U N
contractor.
Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore,
please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments
which may assist our office in evaluating performance risk (please attach additional pages if necessary):
Attachment E
SMALL BUSINESS PARTICIPATION PLAN FORM
(a) Check the applicable size and categories for the PRIME offeror only -- Check all applicable boxes:
{ } Large Business
{ } Historically Black Colleges or Universities and Minority Institutions (HBCU/MI)
{ } American Native Corporation (ANC)
{ } Small Business Prime; also categorized as a
{ } Small Disadvantaged Business (SDB)
{ } Woman-Owned Small Business (WOSB)
{ } Historically Underutilized Zone (HUB Zone) Small Business
{ } Veteran Owned Small Business (VOSB)
{ } Service Disabled Veteran Owned Small Business (SDVOSB)
(b) Submit the total combined percentage of work to be performed by both large and small businesses
(include the percentage of work to be performed both by Prime and Subcontractors):
Example: If Prime proposes a price of $1,000,000, and small business(es) will provide $250,000 in
services/supplies as a prime or subcontractor, the percent (%) planned for small businesses is 25%; and 75% for
large business equaling 100%.
(c) Please indicate the total percentage and/or total dollars of participation to be performed by each type of
subcategory small business. The percentage of work performed by Small Businesses that qualify in
multiple small business categories may be counted in each category:
Example: ACME Corporation (WOSB and SDVOSB) performing 2%; and Williams Group (SDB, HubZone
Small Business and WOSB) performing 3%. Results equate to: SDB 3%; HubZone 3%; WOSB 5%; SDVOSB
2%; VOSB 2%;). SDVOSBs are also VOSBs automatically; however VOSBs are not automatically
SDVOSBs.
Example: If a Small Business qualifies also as a WOSB and a SDVOSB, and the Offeror may add them to
each category below in which the SB entity qualifies.
(e) Describe the extent of commitment to use small businesses (for example, what types of commitments if any,
are in place for this specific acquisition either small business prime, written contract, verbal, enforceable,
non- enforceable, joint venturing, mentor-protg, etc.)
SAMPLE
SMALL BUSINESS SUBCONTRACTING PLAN
CONTRACTOR: ___________________________________
ADDRESS: ____________________________________
____________________________________
____________________________________
PHONE: (______)_____________________________
DUNS NO.: ____________________________________
SOLICITATION OR CONTRACT NUMBER: _______________________________
DESCRIPTION: ________________________________________________________
______________________________________________________________________
______________________________________________________________________
* Federal Acquisition Regulation (FAR), paragraph 19.708(b)(1)) prescribes the use of the clause at FAR
52.219-9 entitled "Small Business Subcontracting Plan." The following is a suggested model for use when
formulating such subcontracting plan. While this model plan has been designed to be consistent with FAR
52.219-9, other formats of a subcontracting plan may be acceptable. However, failure to include the
essential information as exemplified in this model may be cause for either a delay in acceptance or the
rejection of a bid or offer where the clause is applicable. Further, the use of this model is not intended to
waive other requirements that may be applicable under FAR 52.219-9 or that may appear in the
Governments solicitation. "SUBCONTRACT," as used in this clause, means any agreement (other than
one involving an employer-employee relationship) entered into by a federal government prime contractor
or subcontractor calling for supplies or services required for performance of the contract or subcontract.
1. The information herein provided, together with any attachments and subsequent amendments, is
submitted as a subcontracting plan to satisfy the applicable requirements of P.L. 99-661 Section 1207,
P.L. 100-180 Section 806, and FAR 52.219-9 (DEVIATION 2016-O00009). Attached is a copy the
company policy statement or internal guidance to company buyers recognizing understanding and
commitment to the aforementioned public laws.
2. The following percentage goals, expressed in terms of a percentage of total planned subcontracting
dollars for the use of small business, veteran-owned small business, service-disabled veteran-owned small
business, HUBZone small business, small disadvantaged business, and women-owned small business
concerns as subcontractors. Included are all sub-contracts that contribute to contract performance, and
may include a proportionate share of products and services that are normally allocated as indirect costs
are applicable to the contract cited above or to the contract awarded under the solicitation cited above.
The Offeror complies with 43 U.S.C. 1626. (The following table is an example.)
Total Planned Subcontracting dollars and percent under this contract Amount Percent
estimated to go to SB Categories listed below:
a. All types of business concerns under this contract. $100,000.00 44%
3. Option Years: (State the goals for the option years. If the same percentages will be used, state,
Same percentages as noted above will be used for each option year. If there are no option years,
leave this portion out of your plan.)
4. The following principle types of supplies and services are anticipated to be subcontracted under this
contract to small business (including ANCs and Indian tribes), veteran-owned small business, service-
disabled veteran-owned small business, HUBZone small business, small disadvantaged business
(including ANCs and Indian tribes), and women-owned small business:
Provide listing of subcontractors, contact information such as phone number or email address, their
business size, type of work, and amount to be subcontracted. For example:
5. The method used to develop the subcontracting goals in paragraph 4 above involved:
Provide statement that describes how goals were developed, e.g., Identified firms that are capable of
performing the services required in the disciplines indicated above and past experience in similar
contracts.
6. The method used to identify potential sources for solicitation purposes involve:
List sources of potential subcontractors. For example: SBAs PRO-Net database, existing company
source lists, System for Award Management (SAM), General Contractors Association, past experience
and/or familiarity with specific subcontractors, etc.
7. Within the goals specified in paragraph 2 above, indirect costs are or are not included.
(A statement as to whether or not indirect costs are included in establishing subcontracting goals, and
if indirect costs are included, a description of the method used to determine the proportionate share of
indirect costs to be incurred with (i) small business (including ANCs and Indian tribes), (ii) Veteran-
owned; (iii) Service-disabled veteran owned; (iv) HUBZone; (v) Small disadvantaged (including ANCs
and Indian tribes); (vi) women-owned business concerns).
NOTE: COMMERCIAL PLANS MUST INCLUDE INDIRECT COSTS.
Title: __________________________________
Address: __________________________________
__________________________________
__________________________________
Telephone: (_______)_________________________
FAX: (_______)_________________________
k. Coordinating the companys activities during the conduct of compliance reviews by Federal
agencies.
l. Providing technical assistance; e.g., engineering, quality control, and managerial assistance to
small (including ANCs and Indian tribes), veteran owned small, service-disabled veteran-owned
small, HUBZone small, small disadvantaged (including ANCs and Indian tribes), and women-
owned small business concerns.
m. Submitting consolidated SSR annual for a twelve month period ending September 30.
n. Authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by
subcontractors with subcontracting plans.
o. Other duties: ________________________________________________________________
9. The following outreach efforts will be taken to assure small business (including ANCs and Indian
tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small
business concerns will have an equitable opportunity to compete for subcontracts:
Provide description of your outreach efforts. For example:
a. Sources will be identified from the Small Business Administrations PRO-Net database.
b. Sources will be requested from business development organizations such as the Chamber
of Commerce and Regional Minority Development Councils.
c. Participation in small business trade fairs.
10. The offeror agrees that the clause in this contract entitled Utilization of Small Business Concerns
will be included in all subcontracts which offer further subcontracting opportunities, and all
subcontractors (except small business concerns) who receive subcontracts in excess of $700,000
($1,500,000 for construction of any public facility) will be required to adopt and comply with a
subcontracting plan similar to this one as required by FAR 52.219-9, Small Business Subcontracting
Plan. The acceptability of percentage goals shall be determined on a case-by-case basis depending on
the supplies or services involved, the availability of potential small business (including ANCs and Indian
tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business (including ANCs and Indian tribes), and women-owned small
business subcontractors, and prior experience. (Flow-down of the subcontracting plan requirement is
not applicable to subcontracts for commercial items in contracts that contain either FAR 52.212-5(e)
or FAR 52.244-6(c).)
12. The offeror agrees to maintain the following types of records to demonstrate compliance with this
subcontracting plan:
a. Source lists, guides, and other data that identify small business (including ANCs and Indian
tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone
small business, small disadvantaged business (including ANCs and Indian tribes), and women-
owned small business concerns.
b. Organizations contacted for small business (including ANCs and Indian tribes), veteran-
owned small business, service-disabled veteran-owned small business, HUBZone small business,
small disadvantaged business (including ANCs and Indian tribes), and women-owned small
business concerns.
c. On a contract-by-contract basis, records on each subcontract solicitation resulting in an award
of more than $150,000, indicating:
(1) Whether small business (including ANCs and Indian tribes) concerns were solicited and
if not, why not,
(2) Whether veteran-owned small business concerns were solicited and if not, why not,
(3) Whether service-disabled veteran-owned business concerns were solicited and if not, why
not,
(4) Whether HUBZone business concerns were solicited and if not, why not,
(5) Whether small disadvantaged business (including ANCs and Indian tribes) concerns were
solicited and if not, why not, and
(6) Whether women-owned small business concerns were solicited and if not, why not,
(7) If applicable, the reason award was not made to a small business concern.
d. Records to support other outreach efforts to locate small business:
(1) Trade associations
(2) Business development organizations
(3) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and
women-owned small business sources
(4) Veterans service organizations.
e. Records of internal guidance and encouragement provided to buyers through
(1) Workshops, seminars, training, business trade fairs, chamber of commerce, etc., and
(2) Monitoring performance to evaluate compliance with the programs requirements.
f. On a contract-by-contract basis, records to support award data will be submitted to the
Government, including the name, address, and business size of each subcontractor.
13. In order to comply effectively to implement this plan to the extent consistent with efficient contract
performance the following functions will be performed:
a. Assist small business (including ANCs and Indian tribes), veteran-owned small business,
service-disabled veteran-owned small business, HUBZone small business, small disadvantaged
business (including ANCs and Indian tribes), and women-owned small business concerns by
arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery
schedules so as to facilitate the participation by such concerns. Potential small business, veteran-
owned small business, service-disabled veteran-owned small business, HUBZone small business,
small disadvantaged business, and women-owned small business subcontractors are excessively
long, reasonable effort shall be made to give all such small business concerns an opportunity to
compete over a period of time.
b. Provide adequate and timely consideration of the potentialities of small business (including
ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small
business, HUBZone small business, small disadvantaged business (including ANCs and Indian
tribes), and women-owned small business concerns in all make-or-buy decisions.
14. Identify if commercial plan is applicable and if does apply, if the commercial plan is the preferred
type of subcontracting plan for contractors furnishing commercial items.
15. Provide a narrative on past performance of meeting/not meeting or exceeding your subcontracting
goals.
This plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be
negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate a
subcontracting plan shall make the offeror ineligible for award of a contract.
Signed: ___________________________________
Date: ___________________________________
Title: ___________________________________
1
By statute, SBA does not approve or disapprove a subcontracting plan; rather, SBAs comments are
advisory, and the contracting officer approves or disapproves the plan.
1
By statute, SBA does not approve or disapprove a subcontracting plan; rather, SBAs comments are
advisory, and the contracting officer approves or disapproves the plan.
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a
construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500
employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of
this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System
for Award Management (SAM), and has completed the Representations and Certifications section of SAM
electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding
individual representations and certifications in the solicitation. The offeror shall indicate which option applies by
checking one of the following boxes:
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications
in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-
fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
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W9128A-17-R-0001
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This
provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at
52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the
contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.209-11, Representation by Corporations Regarding delinquent Tax Liability or a Felony Conviction under
any Federal Law. This provision applies to all solicitations.
(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in
which the place of performance is specified by the Government.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is
specified by the Government.
(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations
when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the
contract will be performed in the United States or its outlying areas.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the
clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for
construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to
solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the
contract is not for acquisition of commercial items.
(xv) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision
applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24,
2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
Section 00 45 00 Page 2
W9128A-17-R-0001
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or
specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the
use of, EPA- designated items.
(xviii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xix) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and
III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xx) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-
5.
(xxi) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision
applies to all solicitations.
(xxii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to
IranRepresentation and Certification. This provision applies to all solicitations.
(xxiii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision
applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher
educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Certification.
X (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated
Products (Alternate I only).
Section 00 45 00 Page 3
W9128A-17-R-0001
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website
accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies
by submission of the offer that the representations and certifications currently posted electronically that apply to this
solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months,
are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to
the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by
reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change
by clause number, title, date]. 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.
------------------------------------------------------------------------
FAR Clause Title Date Change
------------------------------------------------------------------------
------ ---------- ------ ------
------------------------------------------------------------------------
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 on SAM.
(End of provision)
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a
determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This
includes administrative proceedings at the Federal and State level but only in connection with performance of a
Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or
inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-
quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business
segment; and similar positions).
Section 00 45 00 Page 4
W9128A-17-R-0001
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.
(c) If the offeror checked has in paragraph (b) of this provision, the offeror represents, by submission of this offer,
that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS)
is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the
award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the
Federal or State level that resulted in any of the following dispositions:
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty,
reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an
acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision,
whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as
required through maintaining an active registration in the System for Award Management database via
https://www.acquisition.gov (see 52.204-7).
(End of provision)
Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified
by Roman numerals I through III.
Offerors shall examine each part and provide the requested information in order to determine Cost Accounting
Standards (CAS) requirements applicable to any resultant contract.
If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to
full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
(a) Any contract in excess of $750,000 resulting from this solicitation will be subject to the requirements of the Cost
Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48
CFR 9903.201-1.
Section 00 45 00 Page 5
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(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48
CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR
9903.202. When required, the Disclosure Statement must be submitted as a part of the offerors proposal under this
solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in
connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the
offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I
of this provision.
Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not,
by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or
accumulating and reporting contract performance cost data.
* (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the
offer, copies of the Disclosure Statement have been submitted as follows:
(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency
official authorized to act in that capacity (Federal official), as applicable; and
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the
cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)
Date of Disclosure Statement: ___ Name and Address of Cognizant ACO or Federal Official Where Filed: ___
The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the
cost accounting practices disclosed in the Disclosure Statement.
* (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required
Disclosure Statement was filed as follows:
Date of Disclosure Statement: ___ Name and Address of Cognizant ACO or Federal Official Where Filed: ___
The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the
cost accounting practices disclosed in the applicable Disclosure Statement.
* (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions,
subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and
subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the
period in which this proposal was submitted. The offeror further certifies that if such status changes before an award
resulting from this proposal, the offeror will advise the Contracting Officer immediately.
(i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost
accounting period immediately preceding the period in which this offer was submitted and
(ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The
offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end
Section 00 45 00 Page 6
W9128A-17-R-0001
of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form
specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a
completed Disclosure Statement.
Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or
subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further,
the exemption applies only in connection with proposals submitted before expiration of the 90-day period following
the cost accounting period in which the monetary exemption was exceeded.
If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall
indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the
Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.
* The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48
CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost
Accounting Practices clause because during the cost accounting period immediately preceding the period in which
this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts
and subcontracts. The offeror further certifies that if such status changes before an award resulting from this
proposal, the offeror will advise the Contracting Officer immediately.
Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to
result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period,
the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.
The offeror shall indicate below whether award of the contemplated contract would, in accordance with
subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting
practices affecting existing contracts and subcontracts.
(End of Provision)
The offeror shall check ``yes'' below if the contract award will result in a required or unilateral change in cost
accounting practice, including unilateral changes requested to be desirable changes.
( ) Yes ( ) No
(1) Prepare the price proposal in response to the solicitation using the changed practice for the period of
performance for which the practice will be used; and
(2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant
Federal Agency Official as pricing support for the proposal.
Section 00 45 00 Page 7
W9128A-17-R-0001
(End of provision)
(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to
Compensation of Former DoD Officials.
(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD
officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake
activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment
restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal
Acquisition Regulation 3.104-2.
(End of provision)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are
applicable to this solicitation as indicated:
(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to
all solicitations with institutions of higher education.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign
Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be
performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices
and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies
to solicitations with a value expected to exceed the simplified acquisition threshold.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part
in a foreign country.
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities--
Representations. Applies to solicitations for the acquisition of commercial satellite services.
(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of
Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will
be in Italy.
(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance
will be in Spain.
Section 00 45 00 Page 8
W9128A-17-R-0001
(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for
direct purchase of ocean transportation services or those with an anticipated value at or below the simplified
acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the
Contracting Officer:
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at
https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of
the offer that the representations and certifications currently posted electronically that apply to this solicitation as
indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12
months, are current, accurate, complete, and applicable to this solicitation (including the business size standard
applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in
this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes,
identifying change by provision number, title, date]. 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 located in the SAM database.
(End of provision)
Section 00 45 00 Page 9
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(1) Effectively owned or controlled means that a foreign government or any entity controlled by a foreign government has
the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of
the Offerors officers or a majority of the Offerors board of directors by any means, e.g., ownership, contract, or operation
of law (or equivalent power for unincorporated organizations).
(i) Means
(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government;
or
(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a
foreign government if the ownership of that organization or corporation by that foreign government was effective before
October 23, 1992.
(3) Foreign government includes the state and the government of any country (other than the United States and its
outlying areas) as well as any political subdivision, agency, or instrumentality thereof.
(ii) Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or
utilized with unclassified keys;
(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;
(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a
foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of
Defense or a designee has waived application of 10 U.S.C. 2536(a).
(c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes
control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any
reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest
concerning the Offerors immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and
provide the information in the following format:
Name and Address of Entity Controlled by a Foreign Description of Interest, Ownership Percentage, and
Government Identification of Foreign Government
Section 00 45 00 Page 10
W9128A-17-R-0001
(End of provision)
(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds
made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony
criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is
aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the interests of the Government.
(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a
Federal or State law within the preceding 24 months.
(End of provision)
(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether
transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the
Transportation of Supplies by Sea clause of this solicitation.
____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract
resulting from this solicitation.
____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or
subcontract resulting from this solicitation.
(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the
Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR
Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.
(End of provision)
S-102 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS-
BACON ACT CERTIFIED LABOR PAYROLLS (JULY 2011)
The Contractor is encouraged to use a commercially-available electronic system to process and submit certified
payrolls electronically to the Government. The Davis-Bacon Act (DBA) establishes requirements for preparing,
processing and providing certified payrolls, as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and
FAR 52.222-13, COMPLIANCE WITH DAVIS-BACON AND RELATED REGULATIONS.
If the Contractor elects to use an electronic DBA payroll processing system, obtain and provide all access, licenses,
and other services required to provide for receipt, processing, certifying, electronically transmitting to the
Government, and storing all payrolls and other data required to comply with DBA and related Act regulations. An
electronic DBA payroll system shall use the electronic payroll service to prepare, process, and maintain the relevant
payrolls and basic records during all work under the contract. The electronic payroll service shall be capable of
preserving these payrolls and related records for the required three years after contract completion. Obtain and
Section 00 45 00 Page 11
W9128A-17-R-0001
provide electronic system access to the Government, as required to comply with the DBA and related Act
regulations over the duration of the contract. Access shall include electronic review access by the Government
contract administration office to the Contractors electronic processing system.
The provision and use of an electronic payroll system shall meet the following functional criteria: commercially
available; compliant with appropriate DBA payroll provisions in the FAR; able to accommodate the required
number of employees and subcontractors planned to be employed under the contract; capable of producing an Excel
spreadsheet-compatible electronic output of weekly payroll records (format at
http://www.mssupport.com/guides.aspx) for export in an excel spreadsheet to be imported into the Contractors
Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll
data to the Governments Resident Management System (RMS); demonstrated security of data and data entry rights;
ability to produce Contractor-certified electronic versions of weekly payroll data; ability to identify erroneous data
entries and track the data/time of all versions of the certified DBA payrolls submitted to the Government over the
life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data
from the system database at end of the contract closeout. Provide the durable record copy to the Government during
contract closeout.
Include all Contractor-incurred costs related to the provision and use of an electronic payroll processing service in
the contract price for the overall work under the contract. There will be no separate line item for or payment of costs
for DBA compliance or the use of electronic payroll processing services.
(Applicable where the offeror has identified itself as a partnership or joint venture.)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
[End of Statement]
Section 00 45 00 Page 12
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Section 00 72 00 Page 1
W9128A-17-R-0001
Section 00 72 00 Page 2
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Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized
to act on behalf of the organization.
Full cooperation
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and
extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete
response to Government auditors' and investigators' request for documents and access to employees with
information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-
-
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product
doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her
attorney client privilege or Fifth Amendment rights; and
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business
segment; and similar positions).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a
prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime
contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer
establishes a longer time period, the Contractor shall--
Section 00 72 00 Page 3
W9128A-17-R-0001
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance
with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a
copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract
or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or
subcontractor of the Contractor has committed--
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in
Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained
pursuant to the Contractor's disclosure as confidential where the information has been marked confidential or
proprietary by the company. To the extent permitted by law and regulation, such information will not be released
by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without
prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any
department or agency within the Executive Branch if the information relates to matters within the organization's
jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not
apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if
this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the
following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the
Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and
compliance program and internal control system, by conducting effective training programs and otherwise
disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as
appropriate, the Contractor's agents and subcontractors.
(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with
Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
Section 00 72 00 Page 4
W9128A-17-R-0001
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the
business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as
having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with
the Contractor's code of business ethics and conduct and the special requirements of Government contracting,
including--
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal
control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the
business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of
criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which
employees may report suspected instances of improper conduct, and instructions that encourage employees to make
such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper
conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in
connection with the award, performance, or closeout of any Government contract performed by the Contractor or a
subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of
the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or
gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the
agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract, and the respective agencies' contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the
contract.
(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a
value in excess of $5.5 million and a performance period of more than 120 days.
Section 00 72 00 Page 5
W9128A-17-R-0001
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act
or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the
Contracting Officer.
(End of clause)
The Contractor's representations and certifications, including those completed electronically via the System for
Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
The Contractor shall be required to (a) commence work under this contract within seven (7) calendar days after the
date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire
work ready for use not later than one thousand four hundred sixty-six days (1,466). The time stated for completion
shall include final cleanup of the premises.
(End of clause)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay
liquidated damages to the Government in the amount of $18,500 for each calendar day of delay until the work is
completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until
the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination
clause.
(End of clause)
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a Caribbean Basin country into a new and different construction material distinct from
the materials from which it was transformed.
Section 00 72 00 Page 6
W9128A-17-R-0001
(1) Means any item of supply (including construction material) that is--
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form
in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum
products.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or
subcontractor for incorporation into the building or work. The term also includes an item brought to the site
preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency
lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or
work and that are produced as complete systems, are evaluated as a single and distinct construction material
regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of
incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any
applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but
excluding profit. Cost of components does not include any costs associated with the manufacture of the construction
material.
(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba,
Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal,
Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan or United Kingdom);
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican
Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama,
Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia,
Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea,
Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali,
Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon
Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin
Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.
Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
Section 00 72 00 Page 7
W9128A-17-R-0001
Designated country construction material means a construction material that is a WTO GPA country construction
material, an FTA country construction material, a least developed country construction material, or a Caribbean
Basin country construction material.
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost
of all its components. Components of foreign origin of the same class or kind for which nonavailability
determinations have been made are treated as domestic; or
Foreign construction material means a construction material other than a domestic construction material.
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a least developed country into a new and different construction material distinct from
the materials from which it was transformed.
Free Trade Agreement country construction material means a construction material that
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a FTA country into a new and different construction material distinct from the materials
from which it was transformed.
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a least developed country into a new and different construction material distinct from
the materials from which it was transformed.
United States means the 50 States, the District of Columbia, and outlying areas.
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a WTO GPA country into a new and different construction material distinct from the
materials from which it was transformed.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic
construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived
Section 00 72 00 Page 8
W9128A-17-R-0001
for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has
determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy
American restrictions are waived for designated country construction materials.
(2) The Contractor shall use only domestic or designated country construction material in performing this contract,
except as provided in paragraphs (b)(3) and (b)(4) of this clause.
(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a
commercial item or to the construction materials or components listed by the Government as follows: None
(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause
if the Government determines that--
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction
material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material
exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be
impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory quality.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause
shall include adequate information for Government evaluation of the request, including--
(C) Quantity;
(D) Price;
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph
(b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price
comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable
duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor
could not reasonably foresee the need for such determination and could not have requested the determination before
contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a
determination.
Section 00 72 00 Page 9
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(2) If the Government determines after contract award that an exception to the Buy American statute applies and the
Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the
contract to allow use of the foreign construction material. However, when the basis for the exception is the
unreasonable price of a domestic construction material, adequate consideration is not less than the differential
established in paragraph (b)(4)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign
construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the
Contractor shall include the following information and any applicable supporting data based on the survey of
suppliers:
(End of clause)
Funds are not presently available for this contract. The Governments obligation under this contract is contingent
upon the availability of appropriated funds from which payment for contract purposes can be made. No legal
liability on the part of the Government for any payment may arise until funds are made available to the Contracting
Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by
the Contracting Officer.
(End of Clause)
(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR
33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop
performance of the work called for by this contract. The order shall be specifically identified as a stop-work order
issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period
of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either--
Section 00 72 00 Page 10
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(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the
Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the
Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule
or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable
to, the performance of any part of this contract; and
(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;
provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and
act upon a proposal at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the
Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at
the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting
Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.
(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a
protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or
33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In
addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may
collect this debt by offsetting the amount against any payment due the Contractor under any contract between the
Contractor and the Government.
(End of clause)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty (20)
percent of the total amount of work to be performed under the contract. This percentage may be reduced by a
supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the
Contracting Officer determines that the reduction would be to the advantage of the Government.
(End of clause)
Data and information furnished or referred to below is for the Contractor's information. The Government shall not
be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of the site
investigations by surveys.
(b) Weather conditions: Topical. Data on temperature and rainfall may be obtained from the National Weather
Service.
Section 00 72 00 Page 11
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(c) Transportation facilities: The Contractor shall make its own investigation on the conditions and availability of
public and private roads as well as clearances and restrictions.
(End of clause)
Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis
under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following
principles will be applied to determine allowable equipment costs:
(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in
the contractor's accounting records to determine total actual equipment costs.
(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to
actual costs.
(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.
(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the
provisions of FAR 31.205-11).
(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the
contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.
(End of clause)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in
full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/
http://farsite.hill.af.mil/vfdfara.htm
http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version%203__1%20NOV%202014.pdf
(End of clause)
(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition
Regulation (FAR) may be submitted on a computer generated version of the form, provided there is no change to the
name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional
Form number and edition date.
Section 00 72 00 Page 12
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(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed
by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there
is no change to the name, content, or sequence of the data elements on the form and provided the form carries the
agency form number and edition date.
(c) If the Contractor submits a computer generated version of a form that is different than the required form, then
the rights and obligations of the parties will be determined based on the content of the required form.
(End of clause)
(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection
201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting
officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a
copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting
officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity,
delivery, or any other term or condition of the contract.
(End of clause)
(a) Definition. Covered DoD official, as used in this clause, means an individual that--
(1) Leaves or left DoD service on or after January 28, 2008; and
(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess
of $10 million, and serves or served--
(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;
(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code;
or
(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of
Title 37, United States Code; or
(ii) Serves or served in DoD in one of the following positions: Program manager, deputy program manager,
procuring contracting officer, administrative contracting officer, source selection authority, member of the source
selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess
of $10 million.
(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the
official leaves DoD service, without first determining that the official has sought and received, or has not received
after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of
post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.
Section 00 72 00 Page 13
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(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of
this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).
(End of clause)
(1) Arising out of a contract with the DoD means any act in connection with
(ii) Obtaining, or
(iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of
Defense (DoD).
(2) Conviction of fraud or any other felony means any conviction for fraud or a felony in violation of state or
Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which
sentence has been imposed.
(3) Date of conviction means the date judgment was entered against the individual.
(b) Any individual who is convicted after September 29, 1988, of fraud or any other felony arising out of a contract
with the DoD is prohibited from serving--
(4) In any other capacity with the authority to influence, advise, or control the decisions of the Contractor with
regard to this contract.
(c) Unless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years from the date of
conviction.
(d) 10 U.S.C. 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500,000 if
convicted of knowingly--
(1) Employing a person under a prohibition specified in paragraph (b) of this clause; or
(2) Allowing such a person to serve on the board of directors of the contractor or first-tier subcontractor.
(e) In addition to the criminal penalties contained in 10 U.S.C. 2408, the Government may consider other available
remedies, such as
Section 00 72 00 Page 14
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(f) The Contractor may submit written requests for waiver of the prohibition in paragraph (b) of this clause to the
Contracting Officer. Requests shall clearly identify
(2) The nature of the conviction and resultant sentence or punishment imposed;
(g) The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity and
relationship of the parties, in all first-tier subcontracts exceeding the simplified acquisition threshold in Part 2 of the
Federal Acquisition Regulation, except those for commercial items or components.
(h) Pursuant to 10 U.S.C. 2408(c), defense contractors and subcontractors may obtain information as to whether a
particular person has been convicted of fraud or any other felony arising out of a contract with the DoD by
contacting The Office of Justice Programs, The Denial of Federal Benefits Office, U.S. Department of Justice,
telephone 301-937-1542; www.ojp.usdoj.gov/BJA/grant/DPFC.html''.
(End of clause)
(a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of
contractor employee whistleblower rights and protections under 10 U.S.C. 2409, as described in subpart 203.9 of the
Defense Federal Acquisition Regulation Supplement.
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.
(End of clause)
The agency office of the Inspector General referenced in paragraphs (c) and (d) of FAR clause 52.203-13,
Contractor Code of Business Ethics and Conduct, is the DoD Office of Inspector General at the following address:
Department of Defense Office of Inspector General, Investigative Policy and Oversight, Contractor Disclosure
Program, 4800 Mark Center Drive, Suite 11H25, Alexandria, VA 22350-1500.
(End of clause)
(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying
areas.
Section 00 72 00 Page 15
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(b) Display of fraud hotline poster(s). (1) The Contractor shall display prominently the DoD fraud hotline poster,
prepared by the DoD Office of the Inspector General, in common work areas within business segments performing
work in the United States under Department of Defense (DoD) contracts.
(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds,
the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS
fraud hotline poster is required, the Contractor may obtain such poster from:
(c) Display of combating trafficking in persons and whistleblower protection hotline posters. The Contractor shall
display prominently the DoD Combating Trafficking in Persons and Whistleblower Protection hotline posters,
prepared by the DoD Office of the Inspector General, in common work areas within business segments performing
work under DoD contracts.
(d)(1) These DoD hotline posters may be obtained from: Defense Hotline, The Pentagon, Washington, DC 20301-
1900, or are also available via the internet at http://www.dodig.mil/hotline/hotline_posters.htm.
(2) If a significant portion of the employee workforce does not speak English, then the posters are to be displayed in
the foreign languages that a significant portion of the employees speak. Contact the DoD Inspector General at the
address provided in paragraph (d)(1) of this clause if there is a requirement for employees to be notified of this
clause and assistance with translation is required.
(3) Additionally, if the Contractor maintains a company Web site as a method of providing information to
employees, the Contractor shall display an electronic version of these required posters at the Web site.
(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in all
subcontracts that exceed $5.5 million except when the subcontract is for the acquisition of a commercial item.
(End of clause)
(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information,
regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to
this contract, unless--
(2) The information is otherwise in the public domain before the date of release; or
(3) The information results from or arises during the performance of a project that has been scoped and negotiated
by the contracting activity with the Contractor and research performer and determined in writing by the Contracting
Officer to be fundamental research in accordance with National Security Decision Directive
189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of
contract award and the USD (AT&L) memoranda on Fundamental Research, dated May 24, 2010, and on
Contracted Fundamental Research, dated June 26, 2008, (available at DFARS PGI 204.4).
Section 00 72 00 Page 16
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(b) Requests for approval under paragraph (a)(1) shall identify the specific information to be released, the medium
to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least
10 business days before the proposed date for release.
(c) The Contractor agrees to include a similar requirement, including this paragraph (c), in each subcontract under
this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the
Contracting Officer.
(End of clause)
The Contractor's procedures for protecting against unauthorized disclosure of information shall not require
Department of Defense employees or members of the Armed Forces to relinquish control of their work products,
whether classified or not, to the contractor.
(End of clause)
System for Award Management (SAM) database means the primary Government repository for
contractor information required for the conduct of business with the Government.
(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or
Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and
maintains in the CAGE master file. This type of code is known as an NCAGE code.
Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B) to identify unique business entities.
Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B
plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-
character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to
establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts
(see FAR 32.11) for the same parent concern.
Registered in the System for Award Management (SAM) database means that
(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4
number, and Contractor and Government Entity (CAGE) code into the SAM database; and
(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and
Points of Contact sections of the registration in the SAM database;
Section 00 72 00 Page 17
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(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer
Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to
provide consent for TIN validation to the Government as part of the SAM registration process; and
(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be
registered in the SAM database prior to award, during performance, and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
DUNS or DUNS+4 followed by the DUNS or DUNS+4 number that identifies the offerors name and address
exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is
registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun
and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should
indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer,
the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors
who are not registered should consider applying for registration immediately upon receipt of this solicitation.
Section 00 72 00 Page 18
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(End of Provision)
(a) Contractor employees cleared for access to Top Secret (TS), Special Access Program (SAP), or Sensitive
Compartmented Information (SCI) shall attest orally that they will conform to the conditions and responsibilities
imposed by law or regulation on those granted access. Reading aloud the first paragraph of Standard Form 312,
Classified Information Nondisclosure Agreement, in the presence of a person designated by the Contractor for this
purpose, and a witness, will satisfy this requirement. Contractor employees currently cleared for access to TS, SAP,
or SCI may attest orally to their security responsibilities when being briefed into a new program or during their
annual refresher briefing. There is no requirement to retain a separate record of the oral attestation.
(b) If an employee refuses to attest orally to security responsibilities, the Contractor shall deny the employee access
to classified information and shall submit a report to the Contractor's security activity.
(End of clause)
(a) Definition.
"Cooperative agreement holder" means a State or local government; a private, nonprofit organization; a tribal
organization (as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act (Pub. L. 93-
268; 25 U.S.C. 450 (c))); or an economic enterprise (as defined in section 3(e) of the Indian Financing Act of 1974
(Pub. L. 93-362; 25 U.S.C. 1452(e))) whether such economic enterprise is organized for profit or nonprofit
purposes; which has an agreement with the Defense Logistics Agency to furnish procurement technical assistance to
business entities.
(b) The Contractor shall provide cooperative agreement holders, upon their request, with a list of those appropriate
employees or offices responsible for entering into subcontracts under defense contracts. The list shall include the
business address, telephone number, and area of responsibility of each employee or office.
(c) The Contractor need not provide the listing to a particular cooperative agreement holder more frequently than
once a year.
(End of clause)
(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into
any subcontract in excess of $35,000 with a firm, or a subsidiary of a firm, that is identified in the Exclusions
section of the System for Award Management System (SAM Exclusions) as being ineligible for the award of
Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state
sponsor of terrorism.
Section 00 72 00 Page 19
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(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before
entering into a subcontract with a party that is identified, in SAM Exclusions, as being ineligible for the award of
Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state
sponsor of terrorism. The notice must include the name of the proposed subcontractor and the compelling reason(s)
for doing business with the subcontractor notwithstanding its inclusion in SAM Exclusions.
(End of clause)
The term "pricing adjustment," as used in paragraph (a) of the clauses entitled "Price Reduction for Defective
Certified Cost or Pricing Data - Modifications," "Subcontractor Certified Cost or Pricing Data," and "Subcontractor
Certified Cost or Pricing Data - Modifications," means the aggregate increases and/or decreases in cost plus
applicable profits.
(End of clause)
(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material
Safety Data clause of this contract.
(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this
contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires
that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to
the labeling requirements of one of the following statutes:
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material
Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through
(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be
interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all
hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material
Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of
this contract.
Section 00 72 00 Page 20
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(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions
adopted during the term of this contract).
(End of clause)
(a) Definitions.
(1) "Employee in a sensitive position," as used in this clause, means an employee who has been granted access to
classified information; or employees in other positions that the Contractor determines involve national security;
health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.
(2) "Illegal drugs," as used in this clause, means controlled substances included in Schedules I and II, as defined by
section 802(6) of title 21 of the United States Code, the possession of which is unlawful under chapter 13 of that
Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or
other uses authorized by law.
(b) The Contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force.
While this clause defines criteria for such a program, contractors are encouraged to implement alternative
approaches comparable to the criteria in paragraph (c) that are designed to achieve the objectives of this clause.
(1) Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and
coordination with available community resources;
(2) Supervisory training to assist in identifying and addressing illegal drug use by Contractor employees;
(3) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual
confidentiality consistent with safety and security issues;
(4) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis.
Employee drug testing programs shall be established taking account of the following:
(i) The Contractor shall establish a program that provides for testing for the use of illegal drugs by employees in
sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on
considerations that include the nature of the work being performed under the contract, the employee's duties, and
efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the
failure of an employee adequately to discharge his or her position.
(ii) In addition, the Contractor may establish a program for employee drug testing--
(A) When there is a reasonable suspicion that an employee uses illegal drugs; or
(iii) The Contractor may establish a program to test applicants for employment for illegal drug use.
Section 00 72 00 Page 21
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(iv) For the purpose of administering this clause, testing for illegal drugs may be limited to those substances for
which testing is prescribed by section 2..1 of subpart B of the "Mandatory Guidelines for Federal Workplace Drug
Testing Programs" (53 FR 11980 (April 11, 1988), issued by the Department of Health and Human Services.
(d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using
drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who
is found to use illegal drugs until such times as the Contractor, in accordance with procedures established by the
Contractor, determines that the employee may perform in such a position.
(e) The provisions of this clause pertaining to drug testing program shall not apply to the extent that are inconsistent
with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter,
the Contractor agrees those issues that are in conflict will be a subject of negotiation at the next collective bargaining
session.
(End of clause)
Storage means a non-transitory, semi-permanent or permanent holding, placement, or leaving of material. It does not
include a temporary accumulation of a limited quantity of a material used in or a waste generated or resulting from
authorized activities, such as servicing, maintenance, or repair of Department of Defense (DoD) items, equipment,
or facilities.
(i) Materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of CERCLA (42
U.S.C. 9602) (40 CFR Part 302);
(iii) Materials otherwise identified by the Secretary of Defense as specified in DoD regulations.
(b) In accordance with 10 U.S.C. 2692, the Contractor is prohibited from storing, treating, or disposing of toxic or
hazardous materials not owned by DoD on a DoD installation, except to the extent authorized by a statutory
exception to 10 U.S.C. 2692 or as authorized by the Secretary of Defense. A charge may be assessed for any storage
or disposal authorized under any of the exceptions to 10 U.S.C. 2692. If a charge is to be assessed, then such
assessment shall be identified elsewhere in the contract with payment to the Government on a reimbursable cost
basis.
(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that
require, may require, or permit a subcontractor access to a DoD installation, at any subcontract tier.
(End of clause)
The Government shall have unlimited rights, in all drawings, designs, specifications, notes and other works
developed in the performance of this contract, including the right to use same on any other Government design or
Section 00 72 00 Page 22
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construction without additional compensation to the Contractor. The Contractor hereby grants to the Government a
paid-up license throughout the world to all such works to which he may assert or establish any claim under design
patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to
furnish the original or copies of all such works on the request of the Contracting Officer.
(End of clause)
All designs, drawings, specifications, notes and other works developed in the performance of this contract shall
become the sole property of the Government and may be used on any other design or construction without additional
compensation to the Contractor. The Government shall be considered the "person for whom the work was
prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the
Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent
or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish all
retained works on the request of the Contracting Officer. Unless otherwise provided in this contract, the Contractor
shall have the right to retain copies of all works beyond such period.
(End of clause)
(a) Shop drawings for construction means drawings, submitted to the Government by the Construction Contractor,
subcontractor or any lower-tier subcontractor pursuant to a construction contract, showing in detail (i) the proposed
fabrication and assembly of structural elements and (ii) the installation (i.e., form, fit, and attachment details) of
materials or equipment. The Government may duplicate, use, and disclose in any manner and for any purpose shop
drawings delivered under this contract.
(b) This clause, including this paragraph (b), shall be included in all subcontracts hereunder at any tier.
When the allowability of costs under this contract is determined in accordance with part 31 of the Federal
Acquisition Regulation (FAR), allowability shall also be determined in accordance with part 231 of the Defense
FAR Supplement, in effect on the date of this contract.
(End of clause)
(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal
Acquisition Regulation.
Section 00 72 00 Page 23
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(2) Electronic form means any automated system that transmits information electronically from the initiating system
to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission
of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment
request made using Wide Area Work Flow (WAWF) or another electronic form authorized by the Contracting
Officer.
(3) Payment request means any request for contract financing payment or invoice payment submitted by the
Contractor under this contract.
(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving
Report.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving
reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange,
Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet
at https://wawf.eb.mil/.
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when
(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic
submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the
Contracting Officer's determination with each request for payment;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a
contract for transportation services using a DoD-approved electronic third party payment system or other exempted
vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and
Billing System);
(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as
the electronic format; or
(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the
receiving report in electronic form is required.
(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in
Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate
payment clauses in this contract when submitting payments requests.
(End of clause)
(a) Contract line item(s) 0001 [Contracting Officer insert after negotiations] is incrementally funded. For this item,
the sum of $ [Contracting Officer insert after negotiation] is/of the total price is presently available for payment and
allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which
the total amount payable by the Government, including reimbursement in the event of termination of those item(s)
for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor
is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any
event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of
anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE
Section 00 72 00 Page 24
W9128A-17-R-0001
GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination
of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs
for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will
notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best
judgment, the work will reach the point at which the total amount payable by the Government, including any cost for
termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for
performance of the applicable item(s). The notification will state (1) the estimated date when that point will be
reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up
to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed
upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional
funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent
period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the
parties. If after such notification additional funds are not allotted by the date identified in the Contractor's
notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional
funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE
CONVENIENCE OF THE GOVERNMENT".
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph
(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.
The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds
and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in
amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the
Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional
funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing,
and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such
equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause
entitled "disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract
line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled
"DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s)
set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with
regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or
(e) of this clause.
(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract
entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise
prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following
schedule:
FY18, FY19 and FY20: Subject to Availability of Funds, See Section 00 72 00, Clause 52.232-18 Availability of
(End of clause)
Section 00 72 00 Page 25
W9128A-17-R-0001
(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of
contract payments, up to the amount of tax debt.
(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in
an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in
writing, with a copy to the Administrative Contracting Officer, and shall provide--
(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including
rationale and adequate supporting documentation; and
(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and
adequate supporting documentation.
(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a
written notification to the Contractor including--
(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and
(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect
national security, the total amount of the monies collected that should be returned to the Contractor; or
(ii) If the levy may result in an inability to perform the contract but will not impact national security, a
recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.
(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.
(End of clause)
(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the
Contracting Officer, with any proposal for a contract modification.
(1) Must include sufficient detail to permit an analysis of profit, and of all costs for --
(i) Material;
(ii) Labor;
(iii) Equipment;
(2) Must cover all work involved in the modification, whether the work was deleted, added, or changed.
Section 00 72 00 Page 26
W9128A-17-R-0001
(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.
(d) The Contractor's proposal shall include a justification for any time extension proposed.
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications,
except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen
by the Contracting Officer.
(2) Compare all drawings and verify the figures before laying out the work;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(c) In general--
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly
necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not
relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall
perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of
drawings: See Plans and Specifications
(End of clause)
(a) Definition. Construction material, as used in this clause, means an article, material, or supply brought to the
construction site by the Contractor or a subcontractor for incorporation into the building or work.
(b) The Contractor shall provide American steel producers, fabricators, and manufacturers the opportunity to
compete when acquiring steel as a construction material (e.g., steel beams, rods, cables, plates).
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in any subcontract that
involves the acquisition of steel as a construction material, including subcontracts for the acquisition of commercial
items.
Section 00 72 00 Page 27
W9128A-17-R-0001
(End of clause)
When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in
FAR part 31 and DFARS part 231, in effect on the date of this contract, apply.
(End of clause)
(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract
adjustment for which the Contractor believes the Government is liable. The request shall include only costs for
performing the change, and shall not include any costs that already have been reimbursed or that have been
separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance
with applicable acquisition regulations.
(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the
simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an
individual authorized to certify the request on behalf of the Contractor:
I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of
my knowledge and belief.
----------------------------------------------------------------------
(Official's Name)
----------------------------------------------------------------------
(Title)
(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including--
(1) Certified cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition
Regulation (FAR); and
(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including
actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.
(d) The certification requirement in paragraph (b) of this clause does not apply to----
(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services,
routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or
Section 00 72 00 Page 28
W9128A-17-R-0001
"Components" means articles, materials, and supplies incorporated directly into end products at any level of
manufacture, fabrication, or assembly by the Contractor or any subcontractor.
"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.
"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international
waters.
"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor
whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is
performing any part of the work or other requirement of the prime contract.
"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or
owned by the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a
reference to a DoD contract number or a military destination.
(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and
vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine
tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.
"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel
registered or having national status under the laws of the United States.
(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--
(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor
does not add value to items that it contracts for f.o.b. destination shipment);
(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in
humanitarian or peacekeeping operations; or
(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance
with 10 U.S.C. 2643.
(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag
vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --
(3) Freight charges are higher than charges to private persons for transportation of like goods.
Section 00 72 00 Page 29
W9128A-17-R-0001
(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at
least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process
requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant
approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other
clause of this contract. Requests shall contain at a minimum --
(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names
and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and
facsimile message or letters will be sufficient for this purpose.
(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer
and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh
Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading,
which shall contain the following information:
(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice
under this contract a representation that to the best of its knowledge and belief--
(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all
Section 00 72 00 Page 30
W9128A-17-R-0001
(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the
written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:
(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required
representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of
the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in
the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the
unauthorized use.
(h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including
subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed
the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in
subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(End of clause)
(a) The Contractor has indicated by the response to the solicitation provision, Representation of Extent of
Transportation by Sea, that it did not anticipate transporting by sea any supplies. If, however, after the award of this
contract, the Contractor learns that supplies, as defined in the Transportation of Supplies by Sea clause of this
contract, will be transported by sea, the Contractor --
(2) Hereby agrees to comply with all the terms and conditions of the Transportation of Supplies by Sea clause of this
contract.
(b) The Contractor shall include this clause; including this paragraph (b), revised as necessary to reflect the
relationship of the contracting parties--
(1) In all subcontracts under this contract, if this contract is a construction contract; or
(2) If this contract is not a construction contract, in all subcontracts under this contract that are for--
Section 00 72 00 Page 31
W9128A-17-R-0001
(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor
does not add value to items that it subcontracts for f.o.b. destination shipment);
(B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in
humanitarian or peacekeeping operations; or
(C) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance
with 10 U.S.C. 2643.
(End of clause)
Section 00 72 00 Page 32
W9128A-17-R-0001
State: Hawaii
ASBE0132-001 08/29/2010
Rates Fringes
Asbestos Workers/Insulator
Includes application of
all insulating materials,
protective coverings,
coatings and finishes to
all types of mechanical
Rates Fringes
Rates Fringes
BRICKLAYER
Bricklayers and Stonemasons.$ 46.62 19.60
Pointers, Caulkers and
Weatherproofers.............$ 46.62 19.60
----------------------------------------------------------------
BRHI0001-002 08/29/2016
Rates Fringes
Rates Fringes
Carpenters:
Carpenters; Hardwood Floor
Layers; Patent Scaffold
Erectors (14 ft. and
over); Piledrivers;
Pneumatic Nailers; Wood
Shinglers and Transit
and/or Layout Man...........$ 45.65 21.21
Millwrights and Machine
Erectors....................$ 45.90 21.21
Power Saw Operators (2
h.p. and over)..............$ 45.80 21.21
----------------------------------------------------------------
CARP0745-002 08/29/2016
Rates Fringes
----------------------------------------------------------------
ELEC1186-001 08/21/2016
Rates Fringes
Electricians:
Cable Splicers..............$ 50.49 27.78
Electricians................$ 45.90 26.55
Telecommunication worker....$ 26.30 11.58
----------------------------------------------------------------
ELEC1186-002 08/21/2016
Rates Fringes
Line Construction:
Cable Splicers..............$ 50.49 27.78
Groundmen/Truck Drivers.....$ 34.43 23.43
Heavy Equipment Operators...$ 41.31 25.30
Linemen.....................$ 45.90 26.55
Telecommunication worker....$ 26.30 11.58
----------------------------------------------------------------
ELEV0126-001 01/01/2015
Rates Fringes
----------------------------------------------------------------
ENGI0003-002 08/29/2016
Rates Fringes
GROUP 13A: Dump Truck, 8 cu. yds. and under (water level);
Water Truck (up to and including 2,000 gallons).
The Operator of a crane (50 tons and over) with a boom of 180
feet or more (including jib) shall receive a per hour
premium for each hour worked on said crane (50 tons and
over) in accordance with the following schedule:
----------------------------------------------------------------
ENGI0003-004 08/29/2016
Rates Fringes
GROUP 1: Leverman.
GROUP 2: Watch Engineer (steam or electric).
GROUP 3: Mechanic or Welder.
GROUP 4: Dozer Operator.
GROUP 5: Deckmate.
GROUP 6: Winchman (Stern Winch on Dredge)
GROUP 7: Deckhand (can operate anchor scow under direction of
Deckmate); Fireman; Leveeman; Oiler.
DERRICK CLASSIFICATIONS
----------------------------------------------------------------
ENGI0003-044 08/29/2016
Rates Fringes
Rates Fringes
Rates Fringes
Laborers:
Driller.....................$ 36.35 18.41
Final Clean Up..............$ 26.75 14.29
Gunite/Shotcrete Operator
and High Scaler.............$ 35.85 18.41
Laborer I...................$ 35.35 18.41
Laborer II..................$ 32.75 18.41
Mason Tender/Hod Carrier....$ 35.85 18.41
Powderman...................$ 36.35 18.41
Window Washer (bosun chair).$ 34.85 18.41
LABORERS CLASSIFICATIONS
----------------------------------------------------------------
LABO0368-002 08/29/2016
Rates Fringes
LABORERS CLASSIFICATIONS
----------------------------------------------------------------
LABO0368-003 08/29/2016
Rates Fringes
Underground Laborer
GROUP 1.....................$ 35.95 18.41
GROUP 2.....................$ 37.45 18.41
GROUP 3.....................$ 37.95 18.41
GROUP 4.....................$ 38.95 18.41
GROUP 5.....................$ 39.30 18.41
GROUP 6.....................$ 39.55 18.41
GROUP 7.....................$ 40.00 18.41
GROUP 6: Shifter
----------------------------------------------------------------
* PAIN1791-001 11/22/2016
Rates Fringes
Painters:
Brush.......................$ 35.85 27.27
Sandblaster; Spray..........$ 35.85 27.27
----------------------------------------------------------------
PAIN1889-001 07/01/2016
Rates Fringes
Rates Fringes
Rates Fringes
Rates Fringes
Rates Fringes
Cement Masons:
Cement Masons...............$ 37.90 25.33
Trowel Machine Operators....$ 38.05 25.33
----------------------------------------------------------------
PLUM0675-001 07/03/2016
Rates Fringes
Plumber, Pipefitter,
Steamfitter & Sprinkler Fitter...$ 40.85 24.98
----------------------------------------------------------------
ROOF0221-001 09/04/2016
Rates Fringes
Rates Fringes
Rates Fringes
================================================================
----------------------------------------------------------------
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
----------------------------------------------------------------
1.) Has there been an initial decision in the matter? This can
be:
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
================================================================
(a) This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals and FAR Part
49.
(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or
controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece
of equipment or groups of similar serial and series for which the Government can determine both ownership and
operating costs from the contractor's accounting records. When both ownership and operating costs cannot be
determined for any piece of equipment or groups of similar serial or series equipment from the contractor's
accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8,
Construction Equipment Ownership and Operating Expense Schedule, Region X. Working conditions shall be
considered to be average for determining equipment rates using the schedule unless specified otherwise by the
contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be
used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in
effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was
performed shall apply.
(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates
for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback
arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from
an organization under common control that has an established practice of leasing the same or similar equipment to
unaffiliated lessees.
(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small
purchase threshold, the contracting officer shall request the contractor to submit either certified cost or pricing data,
or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing
Proposal Cover Sheet.
(End of clause)
(a) Funds are not available at the inception of this contract to cover the entire contract price. The liability of the
Government is limited by this clause notwithstanding any contrary provision of the Payments to Contractor clause
or any other clause of this contract. The sum of $___________________ has been reserved for this contract and is
available for payment to the Contractor during the current fiscal year. It is expected that Congress will make
appropriations for future fiscal years from which additional funds will be reserved for this contract.
(b) Failure to make payments in excess of the amount currently reserved, or that may be reserved from time to time,
shall not be considered a breach of contract, and shall not entitle the Contractor to a price adjustment under the terms
of this contract.
Section 00 73 00 Page 1
W9128A-17-R-0001
(c) The Government may at any time reserve additional funds for payments under the contract if there are funds
available for such purpose. The Contracting Officer will promptly notify the Contractor of any additional funds
reserved for the contract by issuing an administrative modification to the contract.
(d) If earnings will be such that funds reserved for the contract will be exhausted before the end of any fiscal year,
the Contractor shall give written notice to the Contracting Officer of the estimated date of exhaustion and the
amount of additional funds which will be needed to meet payments due or to become due under the contract during
that fiscal year. This notice shall be given not less than 120 days prior to the estimated date of exhaustion. Unless
informed in writing by the Contracting Officer that additional funds have been reserved for payments under the
contract, the Contractor shall stop work upon the exhaustion of funds.
(e) No payments will be made after exhaustion of funds except to the extent that additional funds are reserved for
the contract.
(f) Any suspension, delay, or interruption of work arising from exhaustion or anticipated exhaustion of funds shall
not constitute a breach of this contract and shall not entitle the Contractor to any price adjustment under a
Suspension of Work or similar clause or in any other manner under this contract.
(g) An equitable adjustment in performance time shall be made for any increase in the time required for performance
of any part of the work arising from exhaustion of funds or the reasonable anticipation of exhaustion of funds.
(h) If, upon the expiration of one-hundred (100) days after the beginning of the fiscal year following an exhaustion
of funds, the Government has failed to reserve additional funds for this contract sufficient to cover the
Governments estimate of funding required for the first quarter of that fiscal year, the Contractor, by written notice
delivered to the Contracting Officer at any time before such additional funds are reserved, may elect to treat his right
to proceed with the work as having been terminated. The Government will not be obligated in any event to
reimburse the Contractor for any costs incurred after the exhaustion of funds regardless of anything to the contrary
in the clause entitled Termination for Convenience of the Government.
(i) If at any time it becomes apparent that the funds reserved for any fiscal year are in excess of the funds required to
meet all payments due or to become due the Contractor because of work performed and to be performed under this
contract during the fiscal year, the Government reserves the right, after notice to the Contractor, to reduce said
reservation by the amount of such excess.
(j) The term Reservation means monies that have been set aside and made available for payments under this
contract. Reservations of funds shall be made in writing via an administrative modification issued by the Contracting
Officer.
S-37.10 - Pursuant to Department of Defense Instruction Number 2000, DoD Antiterrorism (AT) Standards, dated
October 2, 2006
IWATCH
IWatch Training. IWATCH within the Army is a nation-wide modern version of a neighborhood watch program
focused on the threat of terrorist activity. It is an antiterrorism awareness program that the contractors workforce,
while on Army installations, must all be familiar with to promote and enhance reporting suspicious activity or
behavior. The program has two elements: passive and active. The passive element is an individuals situational
awareness of his or her surroundings. The active element of iWATCH involves individuals taking action to report
suspicious behavior or activities to law enforcement for more investigation.
Contractor personnel, to include subcontractors, performing on or within an Army controlled facility, area or on an
Army installation are required to brief and train their personnel on the Iwatch program for that area, facility or
Section 00 73 00 Page 2
W9128A-17-R-0001
installation. Training standards will be provided by the COR with 5 calendar days of contract award. Contractor
personnel are train all personnel within 30 days of award or within 30 days of a hiring action. Contractors are to
report training to the COR within 45 days of contract award or a hiring action.
(a) Pursuant to Department of Defense Instruction Number 2000, DoD Antiterrorism (AT) Standards, dated
October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or
Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and
receive a certificate of completion. The training is accessible from any computer and is available at
https://jkodirect.jten.mil (Course #JS-US007-14). The contractor is responsible for ensuring that all applicable
employees have completed antiterrorism awareness training and shall certify that their workforce has completed the
training through the submission of completion certificate (s) to the Contracting Officer and the Contracting Officers
Representative (if appointed) within five working days after contract award or prior to access to a Federally-
controlled installation or information system.
(b) In the event that the automated system at https://jkodirect.jten.mil (Course #JS-US007-14) is not available
(e.g., server problems), Level I AT Awareness Training can be provided by a qualified instructor. However, if the
training is not completed online, the Level I AT Awareness Instructor qualification must be coordinated with the
Installation Antiterrorism Officer (or Installation Security equivalent) and the resultant name(s) of approved
instructors shall be provided the contracting officer or designee along with all associated cost or schedule impacts to
the contract. Antiterrorism performance (Level 1 AT Awareness Training attendance and compliance) may be
documented as a performance metric under the resultant contract, and be part of past performance information in
support of future source selections.
(a) Commercial businesses must possess and present a contractor IAP to gain entry at any access control point
(ACP). Installation Access Passes are processed by the Installation Access Pass Office, Building 6508, Leilehua
Golf Course.
(b) In order to obtain a contractor IAP, the contracting office representative must submit a signed and approved
IAP application along with a personnel information sheet to the Installation Access Office. Printed proof of social
security numbers will need to be presented with all substantiating documents to the IAP Office. After the office has
processed the paperwork (typically two days), the contractor may pick up his or her pass at the office. The contractor
must bring some form of identification with proof of his or her social security number.
(c) Vendors and contractors with commercial vehicles who do business on Army installations on a regular basis
can receive extended passes for individual and fleet vehicles, for periods stipulated by the COR/sponsor, by
registering their vehicles at the IAP Office. Company Multiple Operator memorandums will be presented to IAP
personnel upon requesting a vehicle IAP.
(d) The Contractor shall provide to the Contracting Officer Representative the names and Social security Numbers
of individuals requiring access in performance of the contract no later than 14 days prior to start of performance.
The Army Organization or Directorate for whom the contractor is working is responsible for processing the
paperwork to obtain passes.
(e) The Contractor is responsible for assuring personnel required to access any installation in performance of the
contract obtain the required identification. Costs for employees to travel to the Government location will be borne
by the contractor. Failure to obtain required identification will not relieve the contractor from contract
Section 00 73 00 Page 3
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performance. Contractor shall be responsible for the return of identification cards upon the expiration of the
contract or when an employee is no longer performing work under the contract.
(f) The Contractor will provide a list of the names of all employees and subcontractor employees who will access
any Army facility in the performance of this contract. Contractor will provide written document used to verify
employees and subcontractor's employees compliance with FAR 52.222-54, Employment Eligibility Verification
(clause that requires contractor to do background check.) The contractor will provide written proof from the
Immigration and Naturalization Service that all employees listed are approved for employment within the US.
(g) At any time contractor employees are operating contractor-owned vehicles on an Army Installation, they shall
have in their possession a letter signed by a corporate officer authorizing the individual to drive the vehicle.
(h) The Contracting Officer and the Provost Marshal office shall be notified of any changes in vehicles within three
business days of the change.
(i) Lost vehicle passes shall be reported immediately in order to obtain new passes. All vehicle passes issued shall
be returned to the Installation Access Office upon completion of the contract, termination of an employee or
discontinued use of the registered vehicles.
(j) Failure to follow the procedures outlined above may result in delays in entering Army Installations. The
Government is not responsible for any adverse impact on the contractor or its operation as a result of delays due to
the failure to register vehicles.
(k) Contractors operating vehicles on an Army post will not use cell phones unless used with a hands-free device.
This applies to ALL personnel driving privately-owned and government vehicles on Army installations and housing
areas. Failure to comply will result in the loss of on-post driving privileges:
First offense 14 days
Second offense 30 days
Third offense 180 days
If caught driving while privileges are suspended, your privileges may be further suspended for a 5-year period.
(l) The Provost Marshall has the authority to change the above procedures without notice. Contractors shall
adhere to any changes in security procedures.
USAG-HI aims to ensure that the Little Fire Ant (LFA), Wasmannia punctata, an invasive species that was recently
introduced to the State of Hawaii, does not become established on U.S. Army installations. LFA has the potential to
infest homes and cause painful stings on both adults and children. The LFA also stings pets, such as dogs or cats on
their eyes, which has the potential to cause blindness.
All new USAG-HI landscaping projects must be sourced from LFA free nurseries. For confidentiality reasons, the
Hawaii Department of Health has not published a formal list of nurseries that are not fire ant free. However, the
agency has disclosed that these nurseries are located in the Waimanalo area on the Windward coast of Oahu.
Therefore, it is strongly recommended that the covered persons not purchase or install any landscaping products
purchased from the Waimanalo area until further notice.
Prior to purchasing the landscaping materials required for this contract, contact the Directorate of Public Works
Natural Resource Program (NRP), at 655-9189 or 655-9191, to obtain an approval certificate for the project.
Once the landscaping materials are installed, provide NRP personnel access to survey and inspect the newly
landscaped sites. The purpose of the inspection is to look for LFA. If LFA are found, the contractor who installed
the plants must provide the labor and funding to remove the LFA. Under these circumstances, the responsible party
Section 00 73 00 Page 4
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may only use pest management controls that comply with the current USAG-HI Pest Management Plan and obtain
approval from the Installation Pest Management Coordinator (IPMC) prior to any treatment. A copy of the Pest
Management Plan may be obtained at Building 104 on Wheeler Army Airfield from the Pest Management Program
Manager, 656-3093. The IPMC can provide guidance on how to comply with the Pest Management Plan.
During the bat pupping season, 1 June to 15 September, there shall be no cutting or trimming of any tree over 15
feet tall.
End of Clause
a. The successful offeror will be required to comply with Chapter 396 of the Hawaii Occupational Safety and
Health Act (OSHA) standards and Title 12 Department of Labor and Industrial Relations, Subtitle 8 Division of
Occupational Safety and Health, Part 2 General Industry Standards as well as with the Corps of Engineers Manual
385-1-1, Safety and Health Requirements Manual (latest version). [Title 29, CFR, Chap 18, Part 1910 (OSHA)]
b. The successful offeror shall attend the Honolulu Districts Effective Planning in Accident Prevention Training
Course held quarterly or view the course video within 60 days after award of the contract. Confirmation of having
taken the course shall be forwarded to the Contracting Officer Representative by a letter signed by the President of
the Company.
[End of Statement]
This applies to any contractor utilizing EPCRA EHS, CERCLA hazardous substances, and other OSHA hazardous
chemicals in performance of any work while on any US Army Garrison, Hawaii (USAG-HI) installations. The
EPCRA EHS are defined in EPA document EPA 550-B-98-017, Title III List of Lists, Consolidated List of
Chemicals Subject to the Emergency Planning and Community Right to Know Act and Section 112(r) of the
Clean Air Act Amended available at the following web address: http://epa.gov/emergencies/tools.htm#lol.
Contractors are responsible to know what chemicals they use or transport on USAG-HI Installations that are
contained on the lists. For locations of these chemicals stored on USAG-HI Installations, the Contractors may
request data by contacting the Directorate of Public Works (DPW), Environmental Division (ED) at 656-2878.
The Contractor shall provide contract description, period of contract performance, and contract number. A data
base of locations storing hazardous substances meeting the requirements of this paragraph will be forwarded upon
review and approval of the Contractors request.
(1) Reporting. All spills of substances containing EPCRA, EHS, and CERCLA hazardous substances, and OSHA
hazardous chemicals will immediately be reported to the DPW, Emergency Spill Response Line at 656-1111. The
Contracting Officer must also be notified during the first business hour immediately after discovery of the release.
In addition, all waste developed resulting from EPCRA EHS, CERCLA hazardous substances, and other OSHA
hazardous chemicals being utilized will be reported to the DPW, ED at 656-2878.
(2) All Contractors Utilizing Substances Containing EPCRA EHS, CERCLA hazardous substances, and other
Section 00 73 00 Page 5
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OSHA hazardous chemicals will perform the following prior to contract start.
(a) Review the Installation Spill Contingency Plan and the Installation Hazardous Waste Management
Plan available at the DPW ED. Upon review, the contractor or designated responsible employee shall
sign a certification statement that they have reviewed and understand the contents of these documents.
(b) Provide a list of all EPCRA EHS, CERCLA hazardous substances, and other OSHA hazardous
chemicals projected to be utilized (estimated quantities), storage locations and the Material Safety Data
Sheets to the DPW ED.
(c) The Contractor shall provide a copy of their Spill Response/Contingency Plan and copies related
training certificates.
(3) Contractor Caused Spills or Waste Generated from Substances Containing EPCRA EHS, CERCLA
Hazardous Substances, and OSHA Hazardous Chemicals.
(a) All spills caused by the Contractor will be cleaned up under supervision of the contractor and a
qualified hazardous materials spill response company, at no cost to the government and in accordance
with all applicable laws and regulations to the satisfaction of the Contracting Officer and the DPW
ED.
(b) Contractor shall accomplish all spill notifications as required by the Contracting Officer, the U.S.
Environmental Protection Agency, State of Hawaii to the Hazard Evaluation Emergency Response Office,
Local Emergency Response Commission and National Response Center.
(c) The Contractor shall pay for disposal costs (no cost to the government) for all contaminated
materials/debris to include but not limited to soil, sorbent materials, disposable equipment and other
materials contaminated by the spill. The Contractor shall sign the uniform hazardous waste manifests
and secure a provisional EPA identification number (if required). Ensure that all aspects of management
and disposal of wastes are in accordance with all applicable laws and regulations.
The minimum insurance requirements, pursuant to Section 00 72 00, Contract Clause, "INSURANCE - - WORK
ON A GOVERNMENT INSTALLATION" of this contract, are:
(1) Bodily Injury: Minimum coverage of $200,000 per person and $500,000 per occurrence.
The Contractor shall insert the substance of this clause in subcontracts under this contract that require work on a
Government installation.
Section 00 73 00 Page 6
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The Certificate Holder for both the Primes and Subcontractors' Certificates of Insurance shall be the U.S. Army
Engineer District, Honolulu, Fort Shafter, Hawaii 96858-5440. [FAR 28.306 and 28.307-2]
[End of Statement]
Within fourteen (14) calendar days after the date of contract award, the bidder to whom award is made shall furnish
the Government with two bonds, each with good and sufficient surety or sureties acceptable to the Government;
namely, a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A).
Any bonds furnished will be furnished by the Contractor to the Government prior to issuance of a Notice to Proceed
by the Government. [FAR 28.102-3]
[End of Statement]
Wage Rate, Equal Employment Opportunity, and Nondiscrimination in Employment Posters and Notices will be
provided to the Contractor by the Contracting Officer. The Contractor shall mount these posters and notices,
together with the wage determination decision, under weatherproof, transparent, protective covering, in one or more
conspicuous places, as approved, and readily available to employees.
[End of Statement]
Two (2) project signs shall be fabricated and erected at a location designated by the Contracting Officer. The signs
shall be constructed as shown in EP 310-1-6a, dated 01 Jun 06, pages 16-1 thru 16-4, copy of which is provided at
the end of this section (Appendix A). The signs shall be erected as soon as possible and within 15 days after the date
of notice to proceed. Upon completion of the project, the sign shall be removed and disposed of.
[End of Statement]
Whenever a contract or modification of contract price is negotiated, the Contractor's cost proposals for equipment
ownership and operating expenses shall be determined in accordance with the requirements of Special Contract
Requirements statement, entitled "EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE," of
this solicitation. EP 1110-1-8 "Construction Equipment Ownership and Operating Expense Schedule" is available at
http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets/tabid/16440/u43545q/313131302
D312D38/Default.aspx for State of Hawaii (Region 10) and for Kwajalein Island, Roi-Namur Island, and Meck
Island (Area 12), including Guam, American Samoa, and Johnston Island). [FAR 31.105(d)(2)(i) and UAI 31.105-
101.
[End of Statement]
Section 00 73 00 Page 7
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(a) "Work," means physical work activities, involving any of the trades required to directly place the construction
required by the contract. It also includes physical activities that directly support the work, such as: (1)
warehousing; (2) maintenance of equipment; (3) procurement and transportation of supplies or construction
materials to the site for use by the contractor; (4) procuring, transporting and providing equipment for use by the
contractor; (5) logistical activities that directly support the contractor's employees; and (6) similar activities. The
meaning of the term does not include: (1) physical work performed by subcontractors; (2) procurement and
transportation of supplies or construction materials to the site for use by subcontractors; (3) procuring, transporting
and providing equipment for use by subcontractors; logistical activities undertaken by subcontractors for the benefit
of contractor or subcontractor employees; (4) superintendence, quality control, clerical or similar activities; or (5)
other activities of a similar nature.
Work will be quantified in terms of its monetary cost to the contractor, and will be compared to the total direct costs
that the contractor incurs in performing the contract.
(b) "On the site" means the area within the construction limits depicted or described in the contract drawings or
specifications. Activities such as transportation, maintenance and logistics that take place outside of the
construction limits depicted or described are still "on the site," if in direct support of activities within the
construction limits.
(c) "The contractor's own organization" means those individuals who are employed and paid by the contractor,
whether full or part time. If a joint venture or partnership, members (and their paid employees) of the joint venture
or partners are considered part of "the contractor's own organization." If a corporation, wholly-owned subsidiary
elements of the corporation and their paid employees, are considered part of "the contractor's own organization."
Any individual who is employed or paid, even on a occasional basis by an entity other than the contractor (such as a
subcontractor), or any subcontractor or supplier to the contractor, is not considered part of "the contractor's own
organization."
[End of Statement]
(a) The Government will make all reasonably required amounts of utilities available to the Contractor from existing
outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each
utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the
Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting
Officer. The Contractor shall carefully conserve any utilities furnished without charge.
(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install
and maintain all necessary temporary connections and distribution lines, and all meters required to measure the
amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the
Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated
paraphernalia.
(c) Schedule of utilities available from the Government without charge: Water and Electricity
[End of Statement]
Section 00 73 00 Page 8
W9128A-17-R-0001
The Government intends to encourage the foundation of a cohesive partnering arrangement with the contractor and
its subcontractors. This partnering arrangement will be structured to draw on the strengths of each organization to
identify and achieve reciprocal goals. The objectives are effective and efficient contract performance intended to
achieve completion within budget, on schedule, and in accordance with contract plans and specifications. This
partnering arrangement will be bilateral in membership. To implement this partnering initiative, it is anticipated that
within 60-days of Notice to Proceed, the contractor and Government management teams to include on-site and
offsite management will attend a 1 day partnering development seminar/team building workshop. Any costs
associated with this initial partnering workshop, or any other follow-on sessions if necessary, excluding salaries,
travel, lodging, and food for Government personnel, shall be borne by the contractor. The facilitator for the
workshop shall be an objective and neutral third party participant, skilled in team building and group dynamics, who
has no vested interest in the decisions reached by the group. Up to 25 Government personnel will attend this
workshop. The partnering workshop will be held on the Island of Oahu.
[End of Statement]
1. All vehicles operating on Army Installations must have a valid registration, valid certificate of insurance,
current safety inspection and be operated by a licensed driver. Vehicle operators shall be prepared to present
these documents when requested by the security guard.
2. Contractor vehicles utilized in performance of the contract shall be registered with the Installation Provost
Marshal for entry into any Army Installation. This includes contractor employees privately-owned vehicles
(POVs) used to travel to and from the job site. Employees will be allowed to register only one vehicle. It shall
be the sole responsibility of the contractor to register vehicles with the Provost Marshal.
3. Prior to contract performance, the contractor shall provide the Contracting Officer with a list of company-
owned vehicles, employee POVs, and any subcontractor vehicles to be registered. The Contracting Officer will
prepare a request for vehicle registration to the Provost Marshal. Upon receipt of the signed request the
contractor shall report directly to the Provost Marshal for vehicle registration. Contractor employees must
report in person for registration of their POVs. The following documents will be required to be presented to
the Provost Marshal for vehicle registration:
4. At any time contractor employees (or subcontractor employees) are operating contractor-owned vehicles on an
Army Installation, they shall have in their possession a letter signed by a corporate officer authorizing the
individual to drive the vehicle.
5. The Contracting Officer and the Provost Marshal office shall be notified of any changes in vehicles within three
business days of the change.
6. In the event the Provost Marshal issues extended passes for vehicles, lost passes shall be reported immediately,
in writing, to the appropriate Provost Marshal Office, in order to obtain new passes. Notification shall include
all circumstances surrounding the loss of the original passes. All vehicle passes issued shall be returned to the
Provost Marshal upon completion of the contract, termination of an employee or discontinued use of the
registered vehicles.
Section 00 73 00 Page 9
W9128A-17-R-0001
7. Failure to follow the procedures outlined above may result in delays in entering Army Installations. The
Government is not responsible for any adverse impact on the contractor or its operation as a result of delays due
to the failure to register vehicles.
1. This provision specifies the procedure for determination of time extensions for unusually severe weather in
accordance with the contract clause entitled DEFAULT (FIXED-PRICE CONSTRUCTION). In order for the
Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:
a. The weather experienced at the project site during the contract period must be found to be unusually severe,
that is, more severe than the adverse weather anticipated for the project location during any given month.
b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must
be beyond the control and without the fault or negligence of the Contractor.
2. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and
Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for
monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse
weather delays in all weather dependent activities.
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
4 5 6 4 3 3 3 4 3 5 4 7
3. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor
will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled
work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the
Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by
actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the
first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days
exceeds the number of days anticipated in paragraph 2, above, the Contracting Officer will convert any qualifying
delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in
accordance with the contract clause entitled DEFAULT (FIXED-PRICE CONSTRUCTION). [ER 415-1-15, 31 Oct
89]
The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the
work to display such identification as may be approved and directed by the Contracting Officer. All prescribed
identification shall immediately be delivered to the Contracting Officer for cancellation upon the release of any
employee. When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all
persons employed or to be employed on the project.
[End of Statement]
Section 00 73 00 Page 10
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Ground-fault circuit interrupters for all 125-volt single phase 15- and 20-ampere receptacle outlets which are not
part of the permanent wiring of the building or structure shall be provided by the Contractor in accordance with
Section 305-6 of the 2008 or latest edition National Electrical Code.
[End of Statement]
Utility outages shall be as hereinafter specified, unless otherwise indicated or specified. Interruptions to existing
utilities shall be held to a minimum. Outages to facilitate connections to existing systems shall be scheduled to take
place during periods of minimum demand. The Contractor shall submit a planned schedule of outages to the
Contracting Officer for proper coordination with existing facilities, and shall notify the Contracting Officer in
writing not less than 60 days in advance of the intended interruptions. Planned schedule of outages shall include
specific dates, times, and anticipated duration of proposed outages. In the event the proposed outages interfere with
station operations, the Contracting Officer will consider or offer alternate dates and/or times. Outages may be
permitted during off-peak hours, hours of darkness, weekends, and holidays, at no additional cost to the
Government. Work shall be planned to minimize outages. No utility outage will be permitted until the Contractor
receives written approval from the Contracting Officer.
[End of Statement]
AT LEVEL I TRAINING
All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities,
controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar
days after contract start date or effective date of incorporation of this requirement into the contract, whichever is
applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor
employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5
calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness
training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by
the RA ATO in presentation form which will be documented via Memorandum
CONTRACTORS THAT DO NOT REQUIRE CAC, BUT REQUIRE ACCESS TO A DoD FACILITY OR
INSTALLATION
Contractor and all associated sub-contractors employee shall comply with adjudication standards and procedures
using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening
Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander
Section 00 73 00 Page 11
W9128A-17-R-0001
installation/facility access and local security policies and procedures (provided by government representative), or, at
OCONUS location, in accordance with status of forces agreements and other theater regulations.
Section 00 73 00 Page 12
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