SOLICITATION NOTICE
Y -- Radio Tower Installation - (Draft)
- Notice Date
- 8/19/2011
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 237130
— Power and Communication Line and Related Structures Construction
- Contracting Office
- Department of Homeland Security, Customs and Border Protection, Procurement Directorate - DC, 1300 Pennsylvania Avenue, N.W., Room 1310 NP, Washington, District of Columbia, 20229, United States
- ZIP Code
- 20229
- Solicitation Number
- 0020064597
- Point of Contact
- Sonya Freeman, Phone: 2023441835
- E-Mail Address
-
Sonya.Freeman@dhs.gov
(Sonya.Freeman@dhs.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- Statement of Work Past Performance Questionnaire Past Performance Work Sheet Site Pictures This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-53 (effective July 05, 2011). This requirement is being procured as a total small business set-aside under NAICS code 237130. If you are interested in this acquisition, you may participate by submitting your response in accordance with the instructions included herein. The RFQ due date is no later than 11:00 am Eastern Daylight Time (EDT), September 1, 2011. Submission shall be via email to the contract specialist listed in proposal submission section below. It is the offeror's responsibility to read the RFQ and all related documents carefully and completely, to ensure the Government receives their submission on or before the date/time specified. If you have questions regarding this requirement, please submit your inquiries via email to sonya.freeman@dhs.gov PERIOD OF PERFORMANCE The construction project and final acceptance of the work effort must be completed by 31 October 2011. SITE VISIT REQUIREMENTS The contractor is encouraged to attend a site visit to ensure they understand the location, terrain, and equipment needed to successfully remediate the tower. Contractors will need a CBP escort to visit site and will need to coordinate this with the following Point of contact (POC). Location: 8110 80th Ave NW, Stanley, ND 58784 Site Visit POC: Alan Stanek (701) 746-8555, ext 1 or Mark Gumto (701) 775-6259, ext 220 Customs and Border Protection (CBP) Facilities Engineering & Management (FM&E) Grand Forks, ND Site Visit Date and Time: Thursday, August 25, 2011 between the hours of 9:00 a.m. and 5:00 p.m. CDT. PROPOSAL SUBMISSION REQUIREMENTS: The contractor shall submit electronic copies of the proposal via email to sonya.freeman@dhs.gov no later than (NLT) 11:00 AM EDT, September 1, 2011. All proposals shall include: A. Technical Proposal (Proposed Work Schedule and List of Equipment and Materials): The contractor shall submit a technical proposal outlining the: 1. Dates the contractor plans on performing work at the site, 2. The ultimate completion date for the entire project; and, 3. The list of proposed equipment and materials (including any subcontractor quotes/proposals) to be used for this project. B. Price Proposal: The contractor shall submit pricing in accordance with the line item structure of the subject solicitation. Pricing for the remediation (line item 00010) shall be firm fixed price. In addition to the total firm fixed price, the contractor shall include supporting pricing information that adequately details the material, equipment and subcontracting proposed. The contractor shall also submit supporting subcontractor pricing for any equipment and materials. NOTE: THE GOVERNMENT WILL NOT COMPENSATE THE OFFEROR FOR ANY PROPOSAL DEVELOPMENT COSTS RELATED TO THIS SOLICITATION. ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS Offeror must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of the Statement of Work (SOW). If not noted in this section of your quotation, it will be assumed that the offeror proposes no assumptions for award, and agrees to comply with all of the terms and conditions as set forth herein. STATEMENT OF WORK See Attachment I, "Statement of Work - Radio Tower" SITE PICTURES See Attachment II, "Site Pictures - Radio Tower" DAVIS BACON ACT WAGE DETERMINATIONS The Davis Bacon Act (DBA) Wage Determination (WD) ND100006 12/03/2010 "ND6" is applicable to this requirement. The complete WD can be accessed via the websites below and is attached to this document: http://www.wdol.gov/wdol/scafiles/davisbacon/ND6.dvb LINE ITEMS ITEM NO SUPPLIES/SERVICES QUANTITY UNIT 00010 250 Ft Radio Tower 1 AU INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: ITEM NO INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 00010 Destination Government Destination Government DELIVERY INFORMATION ITEM NO DELIVERY DATE QUANTITY SHIP TO ADDRESS 00010 30 Days from NTP Issuance 1 Stanley, ND EVALUATION CRITERIA Contractor responses shall be evaluated as to whether or not they have demonstrated an understanding of the Statement of Work (SOW) identified in the attachment to this solicitation. The Evaluation will be based on a Lowest Priced Technically Acceptable process. Under the lowest-price technically acceptable (LPTA) process, the Technical Evaluation Panel (TEP) evaluates each proposal against the selection criteria on a "technically acceptable-technically unacceptable" basis to determine if, as submitted, the proposal is technically acceptable The following criteria will be used to score each contractors proposal. A. Evaluation Criteria: This acquisition is being procured as a competitive LPTA acquisition. Offerors will be evaluated using the following criteria; if any area is rated as unacceptable the entire proposal shall be rated unacceptable. 1. FACTOR 1 - TECHNICAL SUBFACTORS: (a) Construction Milestone Schedule (b) On-Site Project Management Approach (c) On-Site Quality Control Plan (QCP) 2. FACTOR 2 - PAST EXPERIENCE/PAST PERFORMANCE 3. FACTOR 3 - PRICE B. Description of Factors and Subfactors: The Major Factors and sub factors are listed below. 1. FACTOR 1 - TECHNICAL (RATINGS: Acceptable or Unacceptable) Each proposal sub factor will be assigned a rating. Technical ratings focus on technical acceptability of the offeror's proposal. Technical ratings shall be evaluated using the following ratings: Acceptable: All technical requirements of the criteria have been met. Unacceptable: The offeror's proposal fails to include enough information to determine that the acceptability requirements have been met. SUBFACTORS: (a) Construction Milestone Schedule The Government will evaluate the Construction Milestone Schedule to ensure all the tasks identified in the SOW are included. The construction project and final acceptance of the work effort must be completed by 31 October 2011. At a minimum, the proposal will reflect the start and finish dates of these major sub-tasks: (1) Footing Construction (2) Tower Erection (3) Painting of Tower (4) Installation of CBP Furnished LMR Equipment (5) Final Completion and Acceptance Date (b) On-SiteProject Management Approach: The Government will assess the offeror's proposed management approach to ensure the approach addresses all SOW requirements. An acceptable approach will specifically address: (1) Resume and assignment of the on-site construction project manager, indicating the approximate number of towers this project manager has erected in the last seven-years. (2) How contract deliverables and program milestones are to be achieved and the ability to ensure the project is completed by 31 October 2011. (3) How program construction milestones are monitored and enforced. (4) Will the project manager be on-site during all construction? (c) On-Site Quality Control Plan (QCP): The offeror's QCP will be evaluated to ensure it includes specific performance standards for monitoring the quality of key tasks and deliverables in the SOW. The QCP will also include the stress capability of the tower once erected in relationship to environmental factors such as: Windload with ice, windload without ice and Guying specifications to be utilized. The Quality Control Plan will also include the specification of the Grounding capabilities of the tower, i.e. ground rods (number and location of the same). 2. FACTOR 2 - PAST EXPERIENCE / PAST PERFORMANCE (RATINGS: Acceptable or Unacceptable) Past Performance rating shall be evaluated using the following ratings: Acceptable: All technical requirements of the criteria have been met. Unacceptable: The offeror's proposal fails to include enough information to determine that the acceptability requirements have been met. The Government will evaluate the offeror's Past Experience/Past Performance in the following manner; (a) The past performance evaluation will examine the offeror's past experience and past and present performance to determine their ability to manage contracts and subcontracts in projects of similar size, scope and complexity contemplated under this contract. The past experience/past performance evaluation will examine the offeror's actual performance on a minimum of two (2) similar contracts. Past performance will also indicate the number of towers (taller than 60-feet) that have been erected over the last seven years. Past performance example shall include a contact name and contact telephone number to verify the quality of that past work. This review will focus on the size, scope, and complexity of the efforts, the performance measures/service levels applied, the actual performance results against those measures, and customer satisfaction achieved by the offeror. (b) The offeror shall complete the attached Past Performance Information Worksheet (Attachment III) for each client listed in (a) above and return the worksheet to the contract specialist, Sonya Freeman, via email (sonya.freeman@dhs.gov) (c) Attached is the past performance questionnaire (Attachment IV). Please forward the past performance questionnaire to various companies you provided similar services to in the past. Have at least two companies return fully completed questionnaires to the contract specialist, Sonya Freeman, via email (sonya.freeman@dhs.gov) 3. FACTOR 3 - PRICE NO ADJECTIVAL RATING WILL BE USED FOR FACTOR 3 (COST/PRICE PROPOSAL) The Government will evaluate Cost/Price to ensure it is complete, reasonable and realistic. Discounts offered by each offeror will be evaluated. A rating of the offeror's Cost/Price proposal will not be conducted. C. Basis for Award: 1. Only one award shall be made as a result of this solicitation. All proposals will be evaluated against the stated evaluation criteria. The proposals will be evaluated for the entire performance period on the basis of evaluated factors listed below. Following an in-depth analysis and evaluation of the primary "areas" of importance as well as a thorough evaluation of prices quoted for the services to be performed, award will be made to the contractor whose proposal is determined to be the lowest priced technically acceptable to the Government. 2. Offers should be submitted on the most favorable terms, from a technical, past performance, and price standpoint. The Government reserves the right to award without discussions. If discussions are determined in the best interest of the government, the final proposal revision (best and final offer) from offerors remaining in the competitive range should not contain any significant change. If an offeror makes a significant change to its final proposal revision, the offeror will be deemed to have accepted the risk that this significant change could contain a technical error causing the proposal to be rated technically unacceptable, thus rendering it ineligible for award. The lowest priced technically acceptable offer will receive the award. CLAUSES INCORPORATED BY REFERENCE 52.219-17 SECTION 8(a) AWARDS (DEC 1996) 52.222-6 DAVIS-BACON ACT (JUL 2005) 52.222-7 WITHOLDING OF FUNDS (FEB 1988) 52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010) 52.222-9 APPRENTICES AND TRAINEES (JUL 2005) 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) 52.222-11 SUBCONTRACTS (JUL 2005) 52.222-12 CONTRACT TERMINATIONS (FEB 1988) 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988) 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988) CONTRACT CLAUSES 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES NUMBER TITLE 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008) 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUN 2010) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2011) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). [] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate] [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). [X] (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2011) (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161). [] (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole Source Award(JAN 2011) (15 U.S.C. 657a). [] (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (10) [Reserved] [X] (11) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644). [] (ii) Alternate I (OCT 1995) of 52.219-6. [] (iii) Alternate II (MAR 2004) of 52.219-6. [] (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644). [] (ii) Alternate I (OCT 1995) of 52.219-7. [] (iii) Alternate II (MAR 2004) of 52.219-7. [] (13) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)). [] (14) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4). [] (ii) Alternate I (OCT 2001) of 52.219-9. [] (iii) Alternate II (OCT 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [] (15) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)). [] (16) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). [] (ii) Alternate I (JUN 2003) of 52.219-23. [] (18) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (19) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004). [X] (21) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)). [] (22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2011). [] (23) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2011). [X] (24) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). [X] (25) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126). [X] (26) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). [X] (27) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). [X] (28) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (29) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). [X] (30) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [X] (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [] (32) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (33)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (34) 52.223-15, Energy Efficiency in Energy--Consuming Products (DEC 2007) (42 U.S.C. 8259b). [] (35)(i) 52.223-16, IEEE 1689 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011). [X] (37) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (38)(i) 52.225-3, Buy American Act Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). [] (ii) Alternate I (JAN 2004) of 52.225-3. [] (iii) Alternate II (JAN 2004) of 52.225-3. [] (39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (40) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (41) 52.226-4, Notice of Disaster or Emergency Area set-Aside (NOV 2007) [] (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) [] (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (44) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [X] (45) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). [] (46) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332). [] (47) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). [] (48) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). [] (49)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (APR 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] [] (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq). [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). [] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). [] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) SOLICITATION PROVISIONS 52.225-25 PROHIBITION ON ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN--CERTIFICATION (SEP 2010) (a) Definition. "Person"-- (1) Means-- (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. (b) Certification. Except as provided in paragraph (c) of this provision or if a waiver has been granted in accordance with FAR 25.703-2(d), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons. (c) Exception for trade agreements. The certification requirement of paragraph (b) of this provision does not apply if-- (1) This solicitation includes a trade agreements certification (e.g., 52.225-4, 52.225-11 or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material. (End of provision)
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- Address: 8110 80th Ave NW, Stanley, North Dakota, United States
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