MOD | U | USACE LDP/EAGLE Program - Amendment 1

FBO DAILY ISSUE OF DECEMBER 01, 2012 FBO #4025
MODIFICATION

U -- USACE LDP/EAGLE Program - Amendment 1

Notice Date: 11/29/2012
Notice Type: Modification/Amendment
NAICS: 611430 — Professional and Management Development Training
Contracting Office: Department of the Army, U.S. Army Corps of Engineers, USACE District, Nashville, Attn: CELRN-CT, PO Box 1070, Nashville, Tennessee, 37202-1070, United States
ZIP Code: 37202-1070
Solicitation Number: W912P5-13-R-0001
Archive Date: 1/15/2013
Point of Contact: Bernard V. Mora, Phone: 6157367915, Stacy S. Wiggins, Phone: 6157367944
E-Mail Address: bernard.v.mora@us.army.mil, stacy.s.wiggins@usace.army.mil
(bernard.v.mora@us.army.mil, stacy.s.wiggins@usace.army.mil)
Small Business Set-Aside: N/A
Description: Attachment 0002, Item 8, Performance Work Statement, Employees Achieving Greatness and Leadership Excellence Program (EAGLE) is changed to read: Attachment 0001, Item 8, Performance Work Statement, Leadership Development Program (LDP) is changed to read: This re-solicitation is in accordance with, DFARS 252.212-7007. Solicitation number W912P5-13-R-0001 is amended. Attachment 0001, Item 8, Performance Work Statement, Leadership Development Program (LDP) is changed to read: 8. PERIOD OF SERVICE/ PERIOD OF PERFORMANCE: The period of service for the base year - Line Item 0001 of this contract shall commence on the date of award and continue for twelve (12) months, unless terminated earlier pursuant to the terms of this contract. The period of performance for the LDP program is the base period and two option periods, option two and option four, which are the base year, third, and fifth year of the contract. Attachment 0002, Item 8, Performance Work Statement, Employees Achieving Greatness and Leadership Excellence Program (EAGLE) is changed to read: 8. PERIOD OF SERVICE/ PERIOD OF PERFORMANCE: The period of performance for the EAGLE program is two option periods, option one and option three, which are the second and fourth year of the contract. All other terms and conditions of the original solicitation W912P5-13-R-0001, as amended are in full force and effect. IMPORTANT: Those offerors that submitted a technical and price proposal or offer to the original closing date of Monday, November 26, 2012, need to resubmit. All new offerors shall submit in accordance with the original terms and conditions of solicitation W912P5-13-R-0001, as amended. New Technical and Price proposal are due by 4:00 PM CST on Monday, December 31, 2012 Proposals shall be sent via email to BERNARD MORA bernard.v.mora@usace.army.mil and celrn-ct@usace.army.mil OR mailed to: If being sent via postal services: US Army Corps of Engineers, Nashville District Contracting Division Attn: BERNARD MORA P.O. Box 1070 Nashville, TN 37202-1070 If being sent via courier requiring a physical address: US Army Corps of Engineers, Nashville District Contracting Division Attn: BERNARD MORA Room #682 (mailroom) 801 Broadway Nashville, TN 37203 All questions shall be addressed to Stacy Wiggins at stacy.s.wiggins@usace.army.mil, deadline to submit questions is Friday, December 07, 2012 4:00 pm CST. After that time no further questions will be answered. No phone calls will be accepted. Address any questions via email only to Stacy Wiggins. 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; proposals are being requested and a written solicitation will not be issued. This solicitation is being issued as request for proposal (RFP) Number W912P5-13-R-0001; the Government intends to award a Firm Fixed-Price Contract. Payments for all Line Item(s) will be made on the basis of Firm Fixed-Price (FFP). FFP payments require completion, delivery and acceptance by the Government of the specific deliverables. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-61. The requirement is unrestricted and the associated North American Industry Classification System (NAICS) code is 611430 Professional and Management Development Training. The Nashville District, U.S. Army Corps of Engineers (USACE) is seeking an accredited academic institution execute and administer a leadership/management development program for USACE employees. Disciplines represented include science, engineering, specialty trades, and administration. The overall objective of this program is to help these employees learn, grow and develop so they can be effective leader-managers within the USACE Nashville District. The Contractor shall prepare and provide the course materials for the participants in accordance with the attached Performance Work Statement (PWS) for Leadership Development Program, LDP (attachment 0001) and the Employees Achieving Greatness and Leadership Excellence Program, EAGLE (attachment 0002). The Contractor will provide training to professionals and deliver specific leadership courses that will develop leadership competencies. Competition is limited to accredited colleges/universities whose primary business location is within a fifty (50) mile radius of the USACE Nashville District Office location at 110 9th Avenue South, Nashville, Tennessee 37203. Accreditation is important to ensure quality and adherence to academic standards. The base contract period is for the period beginning January 1, 2013 and ending December 31, 2013 with options to extend the contract as follows: OPTION YEAR 1- January 1, 2014 through December 31, 2014 OPTION YEAR 2- January 1, 2015 through December 31, 2015 OPTION YEAR 3 - January 1, 2016 through December 31, 2016 OPTION YEAR 4 - January 1, 2017 through December 31, 2017 CONTRACT LINE ITEMS: CLIN 0001: Base Period- Services inclusive of all supervision, labor, materials, equipment, supplies, facilities, travel and per diem as ordered by the Government, for a period of one (1) year, in accordance with attachment 0001. The Contractor shall Provide Professional Training and Certification for the USACE Nashville District LDP Program. ESTIMATED QUANTITY: 1 UNIT: Job/Each UNIT PRICE: $ TOTAL PRICE: $ CLIN 0002: First Option Period - Services inclusive of all supervision, labor, materials, equipment, supplies, facilities, travel and per diem as ordered by the Government, for a period of one (1) year, in accordance with attachment 0002. The Contractor shall Provide Professional Training and Certification for the USACE Nashville District EAGLE Program. ESTIMATED QUANTITY: 1 UNIT: Job/Each UNIT PRICE: $ TOTAL PRICE: $ CLIN 0003: Second Option Period - Services inclusive of all supervision, labor, materials, equipment, supplies, facilities, travel and per diem as ordered by the Government, for a period of one (1) year, in accordance with attachment 0001. The Contractor shall Provide Professional Training and Certification for the USACE Nashville District LDP Program. ESTIMATED QUANTITY: 1 UNIT: Job/Each UNIT PRICE: $ TOTAL PRICE: $ CLIN 0004: Third Option Period- Services inclusive of all supervision, labor, materials, equipment, supplies, facilities, travel and per diem as ordered by the Government, for a period of one (1) year, in accordance with attachment 0002. The Contractor shall Provide Professional Training and Certification for the USACE Nashville District EAGLE Program. ESTIMATED QUANTITY: 1 UNIT: Job/Each UNIT PRICE: $ TOTAL PRICE: $ CLIN 0005: Fourth Option Period- Services inclusive of all supervision, labor, materials, equipment, supplies, facilities, travel and per diem as ordered by the Government, for a period of one (1) year, in accordance with attachment 0001. The Contractor shall Provide Professional Training and Certification for the USACE Nashville District LDP Program. ESTIMATED QUANTITY: 1 UNIT: Job/Each UNIT PRICE: $ TOTAL PRICE: $ THE FOLLOWING FAR AND DFARS PROVISIONS AND CLAUSES ARE INCORPORATED INTO THE SOLICITATION BY REFERENCE, THE FULL TEXT OF A CLAUSE MAY BE ACCESSED ELECTRONICALLY AT THIS ADDRESS, http://farsite.hill.af.mil/ : 52.204-99 System for Award Management Registration (August 2012) (DEVIATION) 52.212-1 - INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS JUN/2008 52.212-4 - CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS MAR/2009 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES EXECUTIVE ORDERS--COMMERCIAL ITEMS AUG/2012 (Applicability includes paragraph (b) items 1, 4, 6, 23, 26, 28, 29, 30, 31, 32, 33, 34, 38, 42, 45, and 47 apply. Applicability includes paragraph (c) items 1, 2 and 3 apply.) 52.217-5 Evaluation of Options (Jul 1990). 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (JAN 2009) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (JUL 2012) 252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7008 Export-Controlled Items (APR 2010) 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (DEC 2006) 252.212-7000 Offeror Representations and Certifications--Commercial Items (JUN 2005) 252.212-7001 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITERMS (JUN 2011) (Applicability includes paragraph (a), "Gratuities" and paragraph (b) items 1, 6, 9, 20, 21, and 23) 252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.243-7002 Requests for Equitable Adjustment (MAR 1998) THE FOLLOWING FAR AND DFARS PROVISIONS AND CLAUSES ARE INCORPORATED INTO THE SOLICITATION BY FULL TEXT: 52.212-3 --Offeror Representations and Certifications -- Commercial Items (Apr 2012) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation," as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size 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 paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror prepresents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act - Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and ‘United States' are defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.] (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Sanctioned activities relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of Provision) Alternate I (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory or the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days (End of Clause). 52.217-9 Option to Extend the Term of the Contract (Mar 2000): (a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years and six months. (End of Clause). 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond Option Year 1. The Government's obligation for performance of this contract beyond that date 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 for performance under this contract beyond Option Year 1, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of Clause). INSTRUCTIONS TO OFFERORS: 1. Contractors must be registered in the System for Award Management (SAM) database (www.sam.gov) to receive an award. For SAM Customer Service, contact: Federal Service Desk URL: www.fsd.gov Hours: 8am - 8pm (Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828 DSN: 866-606-8220 2. Provide business DUNS number: _______________________________ (phone 800-333-0505 for DUNS). 3. Provide business CAGE code: __________________________________ 4. Tax Identification Number: ____________________________________ 5. Proposals shall be sent via email to BERNARD MORA bernard.v.mora@usace.army.mil and celrn-ct@usace.army.mil OR mailed to: If being sent via postal services: US Army Corps of Engineers, Nashville District Contracting Division Attn: BERNARD MORA P.O. Box 1070 Nashville, TN 37202-1070 If being sent via courier requiring a physical address: US Army Corps of Engineers, Nashville District Contracting Division Attn: BERNARD MORA Room #682 (mailroom) 801 Broadway Nashville, TN 37203 6. The Government requests that the PAST PERFORMANCE QUESTIONNAIRE Form PPQ-0, be forwarded to no more than three (3) references, completed by your references. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment 0004), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact, Bernard Mora via email at bernard.v.mora@usace.army.mil and celrn-ct@usace.army.mil prior to proposal closing date. 7. Offerors proposals shall remain valid for at least 60 days from date of submittal. 8. Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers will be considered late and will not be considered for evaluation and award. EVALUATION FACTORS FOR AWARD: 1. The Government will evaluate offers based on the criteria included in the attached EVALUATION FACTORS (attachment 0003). 2. Offerors are responsible for providing a proposal inclusive of accurate and complete information for evaluation. Non-conformance with this requirement may result in offeror's proposal being determined unacceptable. (Failure to do so may rule the proposed unacceptable.) 3. Offerors' proposals that successfully demonstrate their technical capability in accordance with the evaluation factors outlined in attachment 0003 will be considered for award. 4. The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal, conforming to the solicitation; will be the most advantageous to the Government in accordance with the requirement. 5. The Government reserves the right to award without discussion. SECURITY INFORMATION: Facility Access Security Requirement: (FOR ACCESS TO HYDROPOWER PLANTS, NAVIGATION LOCKS, ETC.) All Contractor and subcontractor employees (U.S. citizens and Non-U.S. citizens) working under this contract for an anticipated or actual period of more than 6 months total during the course of this contract at the project site must have or obtain a favorable background investigation. The investigation must be completed by a Department of Defense (DOD) approved investigation agency, such as Office of Personnel Management or the Defense Security Service. The investigative requirements are a favorable National Agency Check with Inquiries (NACI) utilizing a Standard Form 85-P (SF85-P) Questionnaire for Public Trust Positions. Each applicable contractor/subcontractor shall complete an investigation package which must be submitted to the Nashville District Security Office within three (3) working days after award of any contract or task order OR prior to the individual being permitted access to the project site. Contractors which have a Facility Security Clearance through the Defense Security Service shall process the NACIs and forward results to the Nashville District Security Officer. For those contractors which do not have a Facility Security Clearance, the Nashville District Security Management Office can process the investigation in coordination with the Contractor and contract employees. The investigation package which needs to be submitted to the Nashville District Security Management Office consists of: (1) SF-85P, Questionnaire for Public Trust Positions (2) OF-306, Declaration for Federal Employment (Questions 1, 2, 8-13, 16 and 17a) (3) I-9, Employment Eligibility Verification (completed by contract employee and employer) (4) FD-258, Contractor Fingerprint Card (1 card for digital prints, 2 for ink prints) (Note: ORI block on FD-258 must be USOPM000Z) The SF-85P and OF-306 can be printed from the following website: http://www.opm.gov/forms/ The I-9 can be printed from the following website: http://www.uscis.gov/files/form/i-9.pdf The Contractor Fingerprint Cards (FD-258) can be obtained by contacting the Nashville District Security Manager at (615) 736-5567. Copies of all investigation package forms are available in the specifications, attached at the back of Section 01 95 00 FORMS AND ATTACHMENTS. Short-Term Employees Security Requirements. All contractor and subcontractor employees working under this contract for an anticipated or actual period of less than or equal to 6 months total during the course of this contract at the project site must submit the following information to the Nashville District Security Office prior to the individual being permitted access to the project site: (1) SF-85P, Questionnaire for Public Trust Positions, (2) OF-306, Declaration for Federal Employment (Questions 1, 2, 8-13, 16 and 17a), and (3) I-9, Employment Eligibility Verification (completed by contract employee and employer). If an employee is anticipated to work less than or equal to 6 months but exceeds this timeframe, then the security requirements for Long-Term Employees shall be followed. Delivery drivers and visitors (except for foreign nationals) will not have security requirements. Foreign Nationals: In accordance with Engineering Regulation, ER 380-1-18, Section 4, all foreign nationals who work on Corps of Engineers' contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. The contractor shall submit to the Nashville District Security Manager, for each site, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the U.S. Such documentation may include a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc. All foreign nationals shall be escorted at all times by a cleared federal employee unless approved by the Nashville District Security Manager on a case-by-case basis. Guidance for Pre-Bid Meetings, etc.: Any pre-bid meeting which will cover anything other than public domain information should be limited to US citizens. Foreign nationals wishing to attend a pre-bid meeting which will include information not provided to the general public need to provide the information listed in the paragraph above to the Nashville District Security Management Office two weeks in advance to obtain required approval. Exceptions to the two-week requirement will be considered on a case-by-case basis, but will be limited. THE FOLLOWING ATTACHMENTS ARE HEREBY INCORPORATED BY REFERENCE: Attachment 0001 - PWS FOR LDP Attachment 0002 - PWS FOR EAGLE Attachment 0003 - EVALUATION FACTORS Attachment 0004 - PAST PERFORMANCE QUESTIONNAIRE FORM PPQ-0 Attachment 0005 - QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP) Attachment 0006 - WAGE DETERMINATION NO.: 2005-2497 Start date of classes shall be scheduled within 2 weeks after contract award. Completion date: Base Year - twelve (12) months after award
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(https://www.fbo.gov/spg/USA/COE/DACA62/W912P5-13-R-0001/listing.html)
Place of Performance: Address: FOB Destination, USACE Nashville District, Nashville, Tennessee, 37203, United States; Zip Code: 37203
Record: SN02939328-W 20121201/121129234641-34a96764cf271dc9c0cff4b6aa749cc0 (fbodaily.com)
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