Services RFP >$100K
NOTICE TO OFFERORS
August 21, 2001
Request for Proposal (RFP)
SURA-01-R113
Inspection, Testing and Maintenance of Fire Protection Systems
The Southeastern Universities Research Association, Inc. (SURA), under contract with the United States
Government Department of Energy (DOE), manages work at the Thomas Jefferson National Accelerator
Facility (TJNAF/Jefferson Lab) in Newport News, Virginia.
The attached RFP SURA 01-R113 is for inspection, testing and maintenance of Fire Protection System services for a base year and four option periods.
Mandatory Site Visit – Offerors must attend a site visit and preproposal conference for award of any Subcontract which may be awarded as a result of this solicitation. The mandatory site visit and preproposal conference was conducted on May 22,2001. If your firm did not attend the previous site visit and you are submitting an offer, you are required to contact the SOTR prior to September 1, 2001, to schedule a site visit.
Please make sure you read carefully the Sections L and M of this solicitation, which give Submission Instructions and Evaluation Factors For Award. You must submit all of the information requested in Section L of this solicitation. We will evaluate and select the winning offer pursuant to the evaluation criteria set forth in Section M.
Submit your quotation to SURA/TJNAF by 4:00 p.m. Eastern Time on September 11, 2001. Facsimile Quotes are not authorized.
Any questions related to the RFP must be in writing and should be sent to my attention at email address ohare@, or by facsimile, Fax number (757) 269-7057, or to the procurement office business address. For expediency, email is the preferred method of communication. All inquiries regarding this solicitation must be received no later than 10 days prior to the proposal due date to allow SURA sufficient time to respond. Please reference the solicitation number in your correspondence.
Thank you for your attention and I look forward to your participation in this procurement.
Sincerely,
Cindy O’Hare, Procurement Administrator
Procurement MS 28B, Business Services Department
SURA/Thomas Jefferson National Accelerator Facility (TJNAF/JLab)
12000 Jefferson Avenue, Newport News, VA 23606 Telephone (757) 269-7315
|SOLICITATION, OFFER AND AWARD | |PAGE ___1__ of___45___PAGES |
|1. Subcontract No. |2. Solicitation No. |3. Type of Solicitation |4. Date Issued |5. Requisition/Purchase No. |
| |SURA-01-R113 |SERVICES RFP | |198642 & 198654 |
| | |SUPPLIES RFP |Aug 21, 2001 | |
|6. Issued By |7. Address Offer to (if other than Item 6) |
|Southeastern Universities Research Association (SURA) | |
|Thomas Jefferson National Accelerator Facility (TJNAF) | |
|SURA/TJNAF Procurement | |
|12000 Jefferson Avenue | |
|Newport News, VA 23606 | |
|8. Sealed offers in original and _2_copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 6, or if |
|hand carried, in the depository located in Business Services; Bldg. 28, Room 35, 12000 Jefferson Avenue; Newport News, VA 23606 until 4:00 P.M. local time on |
|September 11, 2001. CAUTION: Late submissions, modifications and withdrawals: See Section L. All offers are subject to all terms and conditions contained |
|in this solicitation. |
|9. For information call: C. O’Hare Telephone: (757) 269-7315 |E-MAIL: ohare@ TELEFAX (757) 269-7057 |
|10. TABLE OF CONTENTS |
|(X) |Sec. |Description |Page(s) |(X) |Sec. |Description |Page(s) |
|Part I - The Schedule |Part II - Subcontract Clauses |
|X |A |SOLICITATION/OFFER AND AWARD FORM |1 |X |I |SUBCONTRACT CLAUSES |3 |
|X |B |SUPPLIES OR SERVICES AND PRICES/COSTS |4 | |Part III - List of Documents, Exhibits and Other Attachments |
|X |C |DESCRIPTION /SPECS WORK STATEMENT |1 |X |J |LIST OF ATTACHMENTS |1 |
|X |D |EH&S AND FIRE PROTECTION |10 |Part IV - Representations and Instructions |
|X |E |INSPECTION AND ACCEPTANCE | |X |K |REPRESENTATIONS, CERTIFICATIONS AND | |
| | | |1 | | | | |
| |F |DELIVERIES OR PERFORMANCE | | | |OTHER STATEMENTS OF OFFERORS |8 |
|X |G |SUBCONTRACT ADMINISTRATION DATA | |X |L |INSTRUCTIONS, CONDITIONS AND NOTICES | |
| | | |1 | | | | |
|X |H |SPECIAL SUBCONTRACT REQUIREMENTS |7 | | |TO OFFERORS |6 |
| |X |M |EVALUATION FACTORS FOR AWARD |3 |
|11. The offer acceptance period for this solicitation is _120 calendar days from the date specified above for receipt of offers. See Section K for specific |
|instructions regarding the offer acceptance period. |
|***********OFFER (MUST BE FULLY COMPLETED BY OFFEROR)*********** |
|12. Discount for Prompt Payment: See Section I. * (Unless |10 Calendar Days |20 Calendar Days |30 Calendar Days |______Calendar Days |
|otherwise specified, payment terms shall be Net 30 days) |% |% |% |% |
|13. Acknowledgment of Amendments. The offeror |Amendment# |Date |Amendment# |Date |Amendment# |Date |Amendment# |Date |
|acknowledges receipt of amendments to the | | | | | | | | |
|solicitation for offerors and related documents numbered and | | | | | | | | |
|dated: | | | | | | | | |
| | | | | | | | | |
|14A. Name and Address of Offeror |14B. Check if remittance address is different |14C. Name and Title of Person Authorized to |
| |from above. Enter such address here. |Sign Offer (Type or Print) |
| | | |
| | | |
| | | |
|14D. Telephone No. (Incl. Area Code) |14E. Signature: | |14F. Offer Date |
********** AWARD (TO BE COMPLETED BY SURA) **********
|15. Accepted as to Items Numbered |16. Amount |17. Accounting and Appropriation |
|18. Submit Invoices to Address Shown in Item 20 | | |
|(4 copies unless otherwise specified) | | |
|19. Administered by (If other than Item 6) |20. Payment will be made by | |
| |SURA/TJNAF | |
| |Business Services Department | |
| |12000 Jefferson Avenue | |
| |Newport News, VA 23606 | |
|21A. Name of SURA Subcontracting Officer (Type or Print) |21B. Signature of SURA Subcontracting Officer |21C. Award Date |
| | | |
| | | |
IMPORTANT: Award will be made on this Form, or on PD Form 5, or by other authorized official written notice
PART I - SECTION B
Supplies or Services and Prices/Costs
______________________________________________________________________________________________________________________________________
|The Estimated Quantities shown for the labor hours and materials costs are for proposal evaluation purposes only, and do not constitute a commitment on the part|
|of SURA as to the actual quantities that will be required. |
|Item Number |Supplies/Services | |Quantity |Unit |Unit Price |Total Amount |
|ITEM 1 |BASE PERIOD - 12 MONTHS | | | | |
|1.1 |Provide all labor, tools, equipment and materials |12 |Months |$ |$ |
| |to accomplish monthly, quarterly, semi-annual and | | | | |
| |annual inspections, testing and maintenance of installed | | | | |
| |and portable fire protection systems for Jefferson Lab as | | | | |
| |described in the SOW. (Price 5 year interval inspections or | | | | |
| |calibrations in item 1.5 below) | | | | |
| | | | | | |
|1.2 |Provide all labor, tools, equipment and material to accomplish |12 |Months |$ |$ |
| |monthly, quarterly, semi-annual and annual inspections, testing and | | | | |
| |maintenance of installed and portable fire protection systems | | | | |
| |throughout the Residence Facility as described in the SOW. | | | | |
| | | | | | |
|1.3 |Corrective maintenance services specified in the SOW will be handled|ESTIMATED QTY |UNIT |UNIT PRICE |ESTIMATED TOTAL AMOUNT |
| |on a labor and material cost basis. Reimbursement for repair | | | | |
| |services will be at the rates proposed: | | | | |
| | |1000 |Hours |$___________ |$_______________ |
| |Hourly labor rate to repair equipment | | | | |
| |(Rate shall include only work performed on site and shall include | | | | |
| |travel expenses. Time spent by the on-site service technician | | | | |
| |acquiring materials will not be acceptable billable hours) | | | | |
| |Percentage of material markup over manufacturer/supplier’s invoice |$10,000. + (Markup ____% X $10,000) = |$ |
| |for parts & supplies used for repairs | | |
| | | | | | | |
| | | |Subtotal Item 1.3 | |$ |
| | | | | | | |
| | | |ESTIMATED QTY |UNIT |UNIT PRICE |ESTIMATED TOTAL AMOUNT |
|1.4 |Hourly Rate for Programming Services on a Task Order Basis |30 |Hours |$ |$ |
| | | | | | | |
|1.5 |Inspection and recalibration services as described in Section C, |12 |Months |$ |$ |
| |paragraphs 10.2 and 10.3, and Technical Exhibit 3 of the SOW. | | | | |
| | | | | | | |
| |TOTAL PRICE - ITEM 1 | | | |$ |
| | | | | | | |
| |
|Item Number |Supplies/Services | |Quantity |Unit |Unit Price |Total Amount |
|ITEM 2 |OPTION PERIOD ONE - 12 MONTHS (Dates to be included upon award) | | |
| | | | | | | |
|2.1 |Provide all labor, tools, equipment and materials to |12 |Months |$ |$ |
| |accomplish monthly, quarterly, semi-annual and annual | | | | |
| |inspections, testing, and maintenance of installed and | | | | |
| |portable Fire protection systems for Jefferson Lab | | | | |
| |as described in the SOW. | | | | |
| | | | | | |
| | | | | | |
|PART I - SECTION B |
|Supplies or Services and Prices/Costs |
|The Estimated Quantities shown for the labor hours and materials costs are for proposal evaluation purposes only, and do not constitute a commitment on the |
|part of SURA as to the actual quantities that will be required. |
|Item Number | Supplies/Services |Quantity |Unit |Unit Price |Total Amount |
|ITEM 2 |OPTION PERIOD ONE - 12 MONTHS (Dates to be included upon award) | | |
|2.2 |Provide all labor, tools, equipment and materials to |12 |Months |$ |$ |
| |accomplish Monthly, quarterly, semi-annual and annual | | | | |
| |inspections, testing and maintenance of installed and | | | | |
| |portable fire protection systems throughout the | | | | |
| |Residence Facility as described in the SOW. | | | | |
| | | | | | |
|2.3 |Corrective maintenance services specified in the SOW will be handled| | | | |
| |on a labor and material cost basis. Reimbursement for repair | | | | |
| |services will be at the rates proposed: | | | | |
| | |ESTIMATED QTY |UNIT |UNIT PRICE |ESTIMATED TOTAL AMOUNT |
| | | | | | |
| |Hourly labor rate to repair equipment |1000 |Hours |$____________ |$________________ |
| |(Rate shall include only work performed on site and shall include | | | | |
| |travel expenses. Time spent by the on-site service technician | | | | |
| |acquiring materials will not be acceptable billable hours) | | | | |
| |Percentage of material markup over manufacturer/supplier’s invoice |$10,000. + (Markup_____% X $10,000.) = |$ |
| |for parts & supplies used for repairs | | |
| | | | | | | |
| | | |Subtotal Item 2.3 | |$ |
| | | | | | | |
|2.4 |Hourly Rate for Programming Services on a Task Order Basis |30 |Hours |$ |$ |
| | | | | | | |
| |TOTAL PRICE - ITEM 2 | | | |$ |
| | | | | | | |
|Item Number |Supplies/Services | |Quantity |Unit |Unit Price |Total Amount |
|ITEM 3 |OPTION PERIOD TWO - 12 MONTHS (Dates to be included upon award) | | |
|3.1 |Provide all labor, tools, equipment and materials to |12 |Months |$ |$ |
| |accomplish monthly, quarterly, semi-annual and annual | | | | |
| |Inspections, testing and maintenance of installed and. | | | | |
| |Fire protection systems for Jefferson Lab as | | | | |
| |described in the SOW. | | | | |
| | | | | | |
|3.2 |Provide all labor, tools, equipment and materials to |12 |Months |$ |$ |
| |accomplish monthly, quarterly, semi-annual and annual | | | | |
| |Inspections, testing and maintenance of installed and | | | | |
| |portable fire protection systems throughout the | | | | |
| |Residence Facility as described in the SOW. | | | | |
| | | | | | |
|3.3 |Corrective maintenance services specified in the SOW will be handled| | | | |
| |on a labor and material cost basis. Reimbursement for repair | | | | |
| |services will be at the rates proposed. | | | | |
| | |ESTIMATED QTY |UNIT |UNIT PRICE |ESTIMATED TOTAL AMOUNT |
| | | | | | |
| |Hourly labor rate to repair equipment |1000 |Hours |$____________ |$________________ |
| |(Rate shall include only work performed on site and shall include | | | | |
| |travel expenses. Time spent by the on-site service technician | | | | |
| |acquiring materials will not be acceptable billable hours) | | | | |
| |Percentage of material markup over manufacturer/supplier’s invoice |$10,000. + (Markup_____% X $10,000.) = |$ |
| |for parts & supplies used for repairs | | |
| | | | | | | |
|PART I - SECTION B |
|Supplies or Services and Prices/Costs |
| |
| |
|The Estimated Quantities shown for the labor hours and materials costs are for proposal evaluation purposes only, and do not constitute a commitment on the |
|part of SURA as to the actual quantities that will be required. |
| |
|Item Number |Supplies/Services | |Quantity |Unit |Unit Price |Total Amount |
|ITEM 3 |OPTION PERIOD TWO - 12 MONTHS (Dates to be included upon award) | | |
| | | |Subtotal Item 3.3 | |$ |
| | | |ESTIMATED QTY |UNIT |UNIT PRICE |ESTIMATED TOTAL AMOUNT |
|3.4 |Hourly Rate for Programming Services on a Task Order Basis |30 |Hours |$ |$ |
| | | | | | | |
| |TOTAL PRICE - ITEM 3 | | | |$ |
| | | | | | | |
|Item Number |Supplies/Services | |Quantity |Unit |Unit Price |Total Amount |
|ITEM 4 |OPTION PERIOD THREE - 12 MONTHS (Dates to be included upon award) | | |
|4.1 |Provide all labor, tools, equipment and materials to |12 |Months |$ |$ |
| |accomplish monthly, quarterly, semi-annual and annual | | | | |
| |inspections, testing and maintenance of installed and | | | | |
| |portable fire protection systems for Jefferson Lab | | | | |
| |as described in the SOW. | | | | |
| | | | | | |
|4.2 |Provide all labor, tools, equipment and materials to |12 |Months |$ |$ |
| |accomplish monthly, quarterly, semi-annual and | | | | |
| |annual inspections, testing and maintenance of | | | | |
| |installed and portable fire protection systems | | | | |
| |throughout the Residence Facility as described in | | | | |
| |the SOW. | | | | |
| | | | | | |
|4.3 |Corrective maintenance services specified in the SOW will be handled| | | | |
| |on a labor and material cost basis. Reimbursement for repair | | | | |
| |services will be at the rates proposed: | | | | |
| | |ESTIMATED QTY |UNIT |UNIT PRICE |ESTIMATED TOTAL AMOUNT |
| | | | | | |
| |Hourly labor rate to repair equipment |1000 |Hours |$____________ |$_______________ |
| |(Rate shall include only work performed on site and shall include | | | | |
| |travel expenses. Time spent by the on-site service technician | | | | |
| |acquiring materials will not be acceptable billable hours) | | | | |
| |Percentage of material markup over manufacturer/supplier’s invoice |$10,000. + (Markup_____% X $10,000.) = |$ |
| |for parts & supplies used for repairs | | |
| | | | |Subtotal Item 4.3 | |$ |
| | | | | | | |
|4.4 |Hourly Rate for Programming Services on a Task Order Basis |30 |Hours |$ |$ |
| | | | | | | |
| |TOTAL PRICE - ITEM 4 | | | |$ |
| | | | | | | |
|Item Number |Supplies/Services | |Quantity |Unit |Unit Price |Total Amount |
|ITEM 5 |OPTION PERIOD FOUR - 12 MONTHS (Dates to be included upon award) | | |
|5.1 |Provide all labor, tools, equipment and materials to |12 |Months |$ |$ |
| |accomplish monthly, quarterly, semi-annual and annual | | | | |
| |inspections, testing and maintenance of installed and | | | | |
| |Portable fire protection systems for Jefferson Lab as | | | | |
| |Described in the SOW. | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
|PART I - SECTION B |
|Supplies or Services and Prices/Costs |
| |
|The Estimated Quantities shown for the labor hours and materials costs are for proposal evaluation purposes only, and do not constitute a commitment on the |
|part of SURA as to the actual quantities that will be required. |
| |
|Item Number |Supplies/Services | |Quantity |Unit |Unit Price |Total Amount |
|ITEM 5 |OPTION PERIOD FOUR - 12 MONTHS (Dates to be included upon award) | | |
|5.2 |Provide all labor, tools, equipment and materials to |12 |Months |$ |$ |
| |accomplish monthly, quarterly, semi-annual and annual | | | | |
| |inspections, testing and maintenance of installed and | | | | |
| |portable fire protection systems throughout the | | | | |
| |Residence Facility as described in the SOW. | | | | |
| | | | | | |
|5.3 |Corrective maintenance services specified in the SOW will be handled| | | | |
| |on a labor and material cost basis. Reimbursement for repair | | | | |
| |services will be at the rates proposed. | | | | |
| | |ESTIMATED QTY |UNIT |UNIT PRICE |ESTIMATED TOTAL AMOUNT |
| | | | | | |
| |Hourly labor rate to repair equipment |1000 |Hours |$____________ |$________________ |
| |(Rate shall include only work performed on site and shall include | | | | |
| |travel expenses. Time spent by the on-site service technician | | | | |
| |acquiring materials will not be acceptable billable hours) | | | | |
| |Percentage of material markup over manufacturer/supplier’s invoice |$10,000. + (Markup_____% X $10,000.) = |$ |
| |for parts & supplies used for repairs | | |
| | | | | | | |
| | | |Subtotal Item 5.3 | |$ |
| | | | | | | |
|5.4 |Hourly Rate for Programming Services on a Task Order Basis |30 |Hours |$ |$ |
| | | | | | | |
| |TOTAL PRICE - ITEM 5 | | | |$ |
| | | | | | | |
|ESTIMATED GRAND TOTAL OF ITEMS 1,2,3,4, AND 5 ABOVE | | |$ |
| | | | | | | |
PART I - SECTION C
STATEMENT OF WORK
FOR THE INSPECTION, TESTING AND MAINTENANCE
OF FIRE PROTECTION SYSTEMS
SEE ATTACHMENT 1
PART I - SECTION D
ENVIRONMENT, HEALTH, SAFETY, AND FIRE PROTECTION (EH&S)
Paragraphs or sections with / / are applicable if marked /X/
JEFFERSON LAB’S EH&S POLICY
• Jefferson Lab is committed to being a safe and healthful research laboratory.
• Jefferson Lab is committed to preserving the natural environment and conducting our operations without adverse impact on the surrounding community.
• These commitments include adherence to applicable laws, regulations, and standards.
• Safety, health, and environmental protection considerations are intrinsic to all work at Jefferson Lab and are essential to Jefferson Lab's overall scientific progress, productivity, and cost effectiveness. Thus, each individual must establish knowledge and control of the hazards and consequences of all work for which he or she is responsible. In addition, everyone has the right and responsibility to remedy or to report--without fear of reprisal--any practice, situation, or action that endangers people or the environment. These tenets are key ingredients of acceptable individual behavior and responsible management at Jefferson Lab.
• No activity is so urgent or important that our standards for safety, health, or environmental protection may be compromised.
I. General Requirements
A. Expectations for Safe Conduct of Work
In keeping with the above policy, all prospective subcontractors of SURA/Jefferson Lab are hereby advised that work performed on site shall be subject to active oversight and enforcement of applicable federal, state, and local laws pertaining to environmental impact and occupational health and safety regulations. In addition, relevant codes and standards apply to selection, fabrication, installation, and use of materials and equipment at Jefferson Lab.
B. General Precautions
The Subcontractor shall take all reasonable precautions in the performance of the work under this subcontract to protect safety and health of employees and of members of the public. During construction, all operations and personnel shall comply with all applicable safety and health regulations and requirements (including reporting requirements) of SURA and the Government.
C. Stop-Work Actions and Interventions
The Subcontractor shall accept and respond immediately to directions from the SOTR to cease unsafe acts or conditions, remove defective equipment from the site, and to conform to safety policies and practices specific to Jefferson Lab and/or the project. In the event that the Subcontractor fails to comply with applicable regulations or requirements, SURA may, without prejudice to any other legal or contractual rights, issue an order stopping all or any part of the work. Thereafter, a start order for resumption of the work may be issued at the discretion of SURA. There will be no recourse by the Subcontractor for compensation due to time lost, claims for time extensions, or for excess costs or damages resulting from these Stop-Work actions. The Subcontractor shall invoke stop-work actions for imminently dangerous conditions or actions associated with all lower tier subcontractors on this project. The SOTR shall be informed immediately of such actions and shall authorize re-start of the activity in question only after suitable corrective measures are in place.
II. Requirements for Site Access
A. Access Restrictions
Access to experimental and certain technical work areas of Jefferson Lab is restricted to personnel who have completed requisite EH&S training and/or orientation, or who have qualified continuous escort. Subcontractors shall comply with all site access restrictions, including temporary postings for special hazards and access control measures.
/ / Subcontractor access for performance of work under this subcontract is limited to ___________________only.
EH&S Training Requirements
1. The training courses checked below are required for all Subcontractor personnel working at Jefferson Lab on this project.
Course Approx.
Course Number Duration
/X / EH&S Orientation SAF 100 2 hours
/X / General Employee Radiological Training – GERT
(see note 1. below) SAF 800 2 hours
/ X / Oxygen Deficiency Hazards – ODH (see note 2. below) SAF 103 2 hours
/X / Radiation Worker I (see note 1. below) SAF 801 8 hours
/ X / Jefferson Lab Lock and Tag Procedures SAF 104 2 hours
/X / Fire Safety SAF 107 1.5 hours
Note 1: General Employee Radiological Training informs the employee of basic radiation protection concepts and the Radiological Control Program established at SURA/Jefferson Lab. It is required for subcontractors working anywhere on site, but it is not sufficient for work in radiologically-controlled areas. Radiation Worker Training is mandatory for employees acquiring TLD badges for work in radiologically-controlled areas. When a radiation source is operating, signals will be activated warning all personnel to stay out of the area.
GERT and Radiation Worker Training are valid for two years. Refresher training may be required for subcontractors if the time interval between initial training and subsequent work is in excess of one year. The refresher training is approximately two hours and will be scheduled by the Subcontracting Officer prior to the commencement of work.
Note 2: Potential oxygen deficiency hazards exist in various facilities on site. When ODH potential exists, employees working in any affected areas shall work in pairs, with one worker in each pair carrying a SURA-furnished oxygen detector. Members of working pairs shall work within 15 feet of each other.
2. Access Escort in Lieu of Training: As a temporary measure for deliveries or other short-duration access, and with the authorization of the SOTR, the Subcontractor may provide continuous escort for personnel who have not completed the requisite EH&S training. The escort shall have current training for the areas to be entered. Escorted personnel shall not perform tasks or use equipment for which Jefferson Lab training is required, and they shall remain in sight of the escort at all times.
III. EH&S Performance Criteria
A. Regulations and Other Requirements
During performance, all Subcontractor operations and personnel shall comply with all applicable environmental, safety, and health regulations of SURA and the Government in effect on the date of award of this subcontract, or upon the effective date of new or revised federal, state, or local regulations. These include without limitation:
1. The Department of Labor's regulations as contained in Occupational Safety and Health Standards for Construction, 29 CFR 1926; Occupational Safety and Health Standards for General Industry, 29 CFR 1910; and in Record Keeping Guidelines for Occupational Injuries and Illnesses, 29 CFR 1904.
2. The SURA/Jefferson Lab EH&S Manual. Official copies of these documents are available at several locations throughout the site, and they are accessible electronically through Jefferson Lab’s www homepage at
3. Codes and Standards of the National Fire Protection Association.
4. The Virginia Erosion and Sediment Control Handbook. (Copies may be obtained from the State of Virginia Soil and Water Conservation Division in Richmond at (804) 786-2064).
B. Requirement Revisions, Overlap, and Applicability
The Subcontractor is responsible for maintaining current copies of these publications and ensuring that all changes in these publications are noted and adhered to. In the event of conflicts between any of the cited publications, the more stringent shall govern.
IV. Subcontractor’s Written Safety Documents
A. Safety Program
/X / Option 1. The subcontractor need not submit their Safety Program but shall comply with all applicable Environment, Health, and Safety regulations and requirements (including reporting requirements) of SURA and DOE while performing work under this subcontract. This includes, but is not limited to, the Jefferson Lab EH&S Manual and monthly submission of the following:
/ X / a) The schedule of regular safety meetings held with employees to emphasize project safety and fire protection including the manner in which the records of meetings will be maintained. A specific topic for the next scheduled safety meeting may be mandated by the SOTR as a response to observed deficiencies in the project.
/ / Option 2. The Subcontractor shall submit to the Subcontracting Officer for approval, the Subcontractor's written Safety Program encompassing all pertinent aspects of construction and industrial safety, environmental protection, health protection, and fire prevention/protection. The program is to encompass the work of any and all lower tier subcontractors involved in activities under this Subcontract.
1. The Subcontractor's safety program shall include the following, as required and applicable, but shall not be limited to:
a) A statement of management's safety policy.
b) The name, title, and qualifications of the company official, knowledgeable in the aforementioned safety standards and regulations, who will administer and execute the safety program at the work site with a full description of the duties and responsibilities of the designated official.
c) The procedure for regular safety inspections to be conducted by the designated company official including the manner in which records will be maintained and corrective actions will be taken.
/ / d) The schedule of regular safety meetings to be held with employees to emphasize project safety and fire protection including the manner in which the records of meetings will be maintained. A specific topic for the next scheduled safety meeting may be mandated by the SOTR as a response to observed deficiencies in the project.
/ / e) The Subcontractor’s program for ensuring adequate ventilation and air quality in work areas, including testing and monitoring of conditions. The Subcontractor shall furnish, install, and maintain temporary ventilation equipment as may be required to maintain acceptable air quality in work and adjacent occupied areas.
f) The mechanism by which the Subcontractor shall have available at all times information concerning the names and characteristics of all hazardous materials that the Subcontractor may introduce to the site. This shall include the procedure for notifying the Subcontracting Officer prior to any introduction of these materials to the site.
g) Provisions for adequate first aid care and supplies and a list of any employees available at the site who are trained in administering first aid. The Subcontractor shall also include company procedures for seeking medical treatment for occupational injuries and the location of designated treatment facilities for this project.
h) The specific measures for fire prevention and fire protection, such as handling flammable liquids, compressed gases, material storage, clean up of combustible debris and a final tour of the facility by a responsible employee of the Subcontractor to insure that no evidence of combustion remains undetected at the end of the work shift. When work is performed in existing or occupied buildings, or where the SOTR deems there is a risk to personnel or DOE or SURA property, the Subcontractor shall use Jefferson Lab’s Fire Hazard Permit system.
The subcontractor shall obtain a written permit from the SOTR (or designee) prior to any welding, cutting, grinding, or open flame activities and shall adhere to its provisions and limitations.
i) The Subcontractor’s procedures for providing temporary lighting, heating, and electric power in the work areas. Temporary electrical service and lighting shall be installed in accordance with NEC and OSHA criteria.
j) The Subcontractor's system for identifying and locking out of energized equipment and other forms of hazardous energy, and the appropriate interface procedure to be followed with other subcontractors when working with or near such equipment. The SOTR may require the use of group lockout to protect Jefferson Lab personnel. In such situations, the SOTR shall serve as the group lockout coordinator.
k) Subcontractor's practices for selection and use of personal protective equipment appropriate for this project.
/ / 2. 100% Eye and Head Protection: All construction workers and other personnel in any operational area of the construction job site shall wear at all times approved-type eye and head protection that complies with applicable ANSI Standards. An operational area is defined as any area where physical work is performed on site in connection with performance of the construction subcontract. The type of protective eyewear shall be selected as appropriate for the hazard.
B. Subcontractor’s Activity Hazard Analysis (AHA)
/X / Not required for this project
/ / Previously submitted AHA (Project No. ) in effect for this project
/ / Required for this project and shall address the following items.
1. Conventional Hazards: The Subcontractor shall provide a written analysis of the safety and environmental hazards expected on the project which are common to all phases of work and the types of safety equipment and/or procedures to be used in facing those hazards. The Subcontractor’s Safety Program may be referenced wherever it adequately addresses these aspects of the project and when it has been furnished to SURA in accordance with Section IV A. above.
2. Special Hazards: The Subcontractor shall also provide an analysis of the special hazards that may be expected during the course of the project. These include, but are not limited to the following activities:
|Work at heights >6 feet (or roofing work >16 ft) from ground level |Confined-space entry |
|(See ¶ 3. below.) |Excavations ( 5 feet in depth (See ¶ 3. below.) |
|Modifications to or installation of pressure vessels |Demolition of load-bearing walls |
|Fire hazard (“hot”) work |On-site handling and storage of lubricants, fuels, and |
|Work on energized electrical equipment |materials that, by virtue of quantity and composition, are |
|Use of powder-actuated fastening systems |environmentally harmful |
|Use of motorized cranes, earth-moving or other motorized industrial |Other activities in occupied buildings that present a risk |
|equipment |to personnel, equipment, or property |
|Use of flammable or toxic materials inside buildings | |
|Use of chemicals in a quantity or manner such that MSDS or other | |
|manufacturer information recommends use of special ventilation and/or | |
|respiratory protection | |
/ / 3. Special Requirements for Fall Protection and Excavation Activities
/ / a) Engineered systems for excavations (shoring and pre-manufactured shield/box systems) shall be designed by a registered professional engineer, and a copy of the design/approval information shall be included with the Activity Hazard Analysis.
/ / b) Fall protection hazards shall be addressed via a Fall Protection Plan that encompasses all sequential phases of the planned project. The specific fall protection measures may evolve according to the work in progress so long as they meet applicable OSHA standards for the activity underway at any given time. The FPP shall be specific in describing conditions and activities that justify changes in methods of fall-protection during the course of the project.
4. Contents of the Hazard Analysis: The analysis shall identify the activity hazard(s), the appropriate controls to mitigate the risk, and the specific work practices to be followed. The analysis shall also address any special training or certification required, and shall identify by name the competent or qualified person(s) who will be responsible for the safe conduct of the activity.
C. Time for Submissions
The Subcontractor’s safety documents as herein described shall be submitted to the Subcontracting Officer within seven (7) calendar days after receipt of subcontract award or within such time as the Subcontracting Officer may otherwise approve. Physical work at the construction site shall not be undertaken until the Subcontractor has submitted the required safety documents to the Subcontracting Officer for acceptance.
D. Oversights and Omissions
The failure of the Subcontractor or its subcontractor(s) to properly address a recognized hazard does not relieve the Subcontractor from compliance with any of the standards or regulations referenced herein, nor does it make the Subcontractor immune to the provisions of Government regulations and administrative controls as they apply to the Subcontractor's performance at this project.
E. Pre-Performance Safety Meeting
The Subcontractor’s Safety Representative shall meet with the Subcontracting Officer or SOTR to discuss and develop a mutual understanding concerning the administration of the overall safety program and specific hazard-control measures before physical work at the site is started. The SOTR may also convene subsequent meetings to include lower tier subcontractors prior to the start of their phase of the project.
V. Safety-Related Reports by the Subcontractor
A. The Subcontractor shall submit to the Subcontracting Officer original forms of the safety reports as described below. Each report shall be timely, accurate, legible, and complete with respect to all work performed within the scope of this subcontract – including administrative and subcontracted work. All reports are to be of professional quality and are due promptly on or before the designated date. Failure to comply for any reason shall be considered just cause either for issuance of an order to stop all or any part of the work covered by this subcontract and/or the retention of funds in payment for such work. Time lost due to any stop work order shall not be made a subject of claims for time extensions or for additional costs or damages by this Subcontractor.
B. Accident Reports, Form No. 5200-T1, 1 Copy
1. Investigation and information described on the "Incident Investigation Worksheet” are required no later than 48 hours following:
a) All personal injury accidents that involve medical treatment beyond first aid and/or resulting in and filing of a claim to the Virginia Worker's Compensation Commission;
b) All fires or property/equipment-damage incidents that appear to have replacement, repair, or cleanup costs of $1,000 or more
c) All chemical spills which may contaminate groundwater, surface water, or may enter sewerage or storm-water systems
d) All accidents involving Government-owned or leased motor vehicles with estimated damages of $500 or more
2. Telephone notice to the SOTR is required within one hour, if possible, but in no event later than the end of the work shift on which the incident occurred.
3. The Subcontractor shall provide to the SOTR updated information at least weekly concerning the lost or restricted workdays status of any Subcontractor employee injured at Jefferson Lab. These updates shall continue until the attending physician has cleared the employee for resumption of unrestricted work.
C. “Tabulation of On-Site Work Hours”, Form No., PD Form 29, 1 Copy
This report is due from Subcontractor 5 days following each quarter.
D. Others:
VI. Program Compliance
A. The ultimate responsibility for compliance with the regulations and requirements referenced herein rests with the Subcontractor. It is the Subcontractor’s responsibility to provide a safe and healthful place for carrying out the work on this subcontract.
B. The SOTR and designated SURA staff will monitor all Subcontractor operations for compliance with the safety regulations referenced herein and shall exercise the provisions of Government regulations relating to safety and health. The subcontractor or lower tier subcontractors are subject to periodic scheduled and unscheduled review by the SOTR and/or Jefferson Lab EH&S professionals during the course of subcontract to ensure compliance with applicable codes and regulations. Failure of the Subcontractor or its subcontractors to comply with the referenced safety regulations contained herein will be considered a subcontract violation and will result in the following action(s):
1. For serious violations, which pose an immediate risk to life or property, an order will be issued to stop immediately part or all of the Subcontractor’s work until compliance is achieved.
2. For all other violations, the Subcontracting Officer or SOTR may issue a written notice to the Subcontractor, stating the violation and the corrective action required. If the Subcontractor does not correct the violation within a stated abatement period, the following actions may be initiated:
a) Subcontract retainage may be withheld until the deficiency is corrected.
b) An order may be issued to stop part or all the Subcontractor’s work until the deficiency is corrected.
c) The Subcontracting Officer may make the necessary arrangements to correct the violation and the cost thereof will be charged to the Subcontractor. Costs of such corrections may be retained and deducted from the final payment amount otherwise due the Subcontractor.
C. There will be no recourse by the Subcontractor for compensation due to lost time, claims for time extensions, or for excess costs or damages resulting from the initiation of these actions.
VII . EH&S Enforcement Penalties and Incentives
/ X / The Safety Enforcement and Incentive clause is not applicable to this solicitation.
/ / The Safety Enforcement and Incentive clause is applicable to this solicitation as follows:
A. Enforcement Policy
In addition to the other safety provisions of this Subcontract, a strict enforcement policy shall be implemented to obtain compliance with those safety provisions and reduce the frequency of safety violations and accidents. The determinations regarding assessment of the fines and entitlement to incentive payments will be made unilaterally by SURA and are not subject to the Disputes clause.
/ /B. Fines for Violations
The following list of violations and monetary penalties will be assessed to the Subcontractor when these violations are found:
Violation Fine per Violation
1)
2)
3)
C. Assessment of Fines
When a violation is noted a determination will be made as to whether a fine will be assessed immediately, or whether an abatement period will be specified for corrective action before the appropriate fine will be assessed. Fines may be assessed immediately when a violation is noted that is considered a serious threat to personal injury, property damage or loss of life. Additionally, fines may be assessed immediately when a violation is a repeat of similar previously noted violations. The Subcontracting Officer, SOTR, or their authorized representatives can assess fines.
D. Payment of Fines
These fines will be assessed to the Subcontractor by deductions on the monthly invoices regardless of whether the violations were directly caused by the Subcontractor or were caused by a lower tier subcontractor. The essence of this clause shall be included in all lower tier subcontracts.
E. Amount of Work Activity and Fines
Fines for violations may be assessed during all months when work is performed on site, regardless of the value of work that is performed during that monthly period.
F. Correction of Violations
Assessment of fines for any violation does not relieve the Subcontractor from its responsibility for correcting the violation in a time period that is consistent with the seriousness of the violation.
/ / G. Calculation of Incentive Payment
In the event no safety violation fines are assessed during any month or 30-day pay period when the value of work performed (not including material stored on site) is $_________ or more, the Subcontractor's invoice and subcontract value will be increased by $_________. The following incentives will be paid in the event safety violation fines are assessed:
Due to a threat of permanent disability, loss of life or significant property damage – No Incentive
On any one day during the 30-day pay period - $_________
On any two days during the 30-day pay period - $__________
On any three days or more during the 30-day pay period – No Incentive
H. Jobsite Posting of Fineable Violations
The Subcontractor shall post a 4' x 6' sign listing these safety violations and associated fines at the work site in a prominent location.
VIII. Conditions Affecting the Work/Other Subcontracts
A. Work Area Boundaries
The limits of the construction work area are shown on the site plan. The subcontractor shall keep all work activities within the limits of this area.
B. Joint Occupancy
The work under this subcontract may be accomplished under joint occupancy. Joint occupancy consists of the common use of the area by the Subcontractor, SURA and other SURA subcontractors. In the event of a dispute between the Subcontractor and other SURA subcontractors regarding the priority of the use of the area, the decision of the Subcontracting Officer shall govern. The Subcontractor shall provide access to each jointly occupied area. Joint occupancy does not constitute possession or acceptance by the Subcontracting Officer. No additional compensation will be made for actions resulting from this required cooperation. The Subcontractor may be required to relocate stored materials and/or equipment in jointly occupied areas upon request by the Subcontracting Officer at no additional cost to SURA. The subcontractor is required to submit a detailed plan for each work area, identifying equipment type and location, material storage, rigging methods, and erection procedures.
/ / C. Air Quality and Noise Control
If work is required in an enclosed space, the Subcontractor shall ensure proper air quality and noise control. During any operation that produces airborne contaminants, the Subcontractor shall provide sufficient temporary ventilation to prevent the accumulation of contaminants in the project area and their infiltration into other areas. Wherever internal combustion engines or carbon monoxide producing machines are used within enclosed spaces, positive engineering controls, such as powered ventilation and direct venting of equipment exhaust must be used. Additionally, construction noise must be minimized and kept to that level normally expected for the type of construction work that is being accomplished.
/ /IV. Project Information and Safety Signs
The Subcontractor shall, within 10 calendar days after NTP, furnish and install a construction sign and a safety sign near the project, in locations approved by the SOTR. As a minimum, each sign shall be 4 ft by 6 ft in size and provide the information shown on the Attachments to the Solicitation entitled "Example Construction Sign" and "Example Safety Sign" respectively.
/ / Subcontractor shall erect a suitable size sign and shall post EH&S and other notices furnished by the Subcontracting Officer.
/ / Subcontractor shall erect a 4’ by 6’ sign on which shall be displayed the violations and associated fines prescribed by Section VII above.
/ /X. Use of Jefferson Lab-Owned Cranes or Other Lifting Equipment
A. Specific Equipment Available for this Project
Items checked and identified below may be used by the Subcontractor for this project subject to the conditions and requirement of this section:
/ / Crane(s): ______________________________________________________________________
(Location, description, capacity)
/ / Forklift(s): _____________________________________________________________________
(Vehicle designation, capacity)
/ X / Powered Lift Platform(s): Various Models up to 80’ -----------------------------------------------------
(Vehicle number, working height, capacity)
/ / Other (Specify): ________________________________________________________________
B. Conditions for Use
Jefferson Lab-owned cranes and other lifting equipment identified above may be used by the Subcontractor during performance of this Subcontract; however, the Subcontractor shall provide their own rigging equipment. The Subcontractor must furnish the operator for the equipment. The Subcontractor operating Jefferson Lab-owned cranes or other lifting equipment must provide proof that their operators meet the operator qualifications of OSHA and ANSI, to include a physician’s determination that designated operators are medically qualified. The operators must attend a SURA safety orientation for the applicable crane or lifting equipment (approximately 3.5 hours duration) prior to being authorized to operate any Jefferson Lab-owned cranes or other lifting equipment.
C. Availability of Equipment
SURA has priority use of the cranes and equipment, and the Subcontractor must schedule any planned use of the cranes and equipment with the Subcontracting Officer's Technical Representative. Non-availability of the equipment due to breakdown, maintenance, use by SURA, or for any other reason will not entitle the Subcontractor to a claim against SURA.
D. Subcontractor’s Assumption of Liability
While operating the cranes and equipment, the Subcontractor assumes the risk and responsibility for loss or damage to the cranes, other SURA or government property, and the property of third parties.
XI. Smoking-Restricted Workplace
The Thomas Jefferson National Accelerator Facility (Jefferson Lab) is a Smoking-Restricted Workplace. Accordingly, the following smoking policy applies to all SURA/Jefferson Lab facilities, vehicles, staff, users, subcontractors, visitors and guests. Smoking shall only be permitted outdoors. Smoking is also prohibited in the immediate vicinity of the main entrances to CEBAF Center, the VARC building, the Test Lab and the CEBAF Center deck. Smoking shall not be permitted in any SURA or government owned vehicle assigned to SURA/Jefferson Lab, either on or off the laboratory grounds. All tobacco waste products shall be placed in proper receptacles.
XII. Preservation of Individual Occupational Radiation Exposure Records
(This clause is applicable if Subcontractor employees are required to perform work in facilities where potential radiation exposure exists and whenever Jefferson Lab issues radiation dosimeters to Subcontractor staff.)
Individual occupational radiation exposure records generated in the performance of work under this subcontract shall be subject to inspection by DOE and shall be preserved by SURA until disposal is authorized by DOE or at the option of SURA delivered to DOE upon completion or termination of the subcontract. If SURA exercises the foregoing option, title to such records shall rest in DOE upon delivery.
XIII. Concern Reporting Processes
A. Whistleblower Protection for Subcontractor Employees
(This clause is applicable when subcontractor personnel perform work at Government-owned or Contractor-operated facilities)
1. The Subcontractor shall comply with the requirements of the "DOE Contractor Employee Protection Program" at 10 CFR part 708.
2. The Subcontractor shall insert or have inserted the substance of this clause, including this paragraph (b), in lower tier subcontracts, at all tiers, with respect to work performed on-site at a DOE-owned or leased facility, as provided for at 10 CFR part 708.
B. Concern Reporting Processes
Subcontractor employees on site are entitled to use any of the means available to communicate concerns about EH&S conditions and practices. Information about concern reporting is available on EH&S bulletin boards throughout the site, and shall be included with Jefferson Lab-provided materials for the jobsite postings for this project. The options for reporting concerns include:
1. Jefferson Lab Concern-Reporting Process
2. DOE Concern Reporting Processes
XIV. Lower Tier Subcontractor Compliance
In all lower tier subcontracts involving performance of work at the site, the Subcontractor shall include the provisions of the above paragraphs. However, such provisions in the subcontracts shall not relieve the Subcontractor of its obligations to assure compliance with the provisions of this clause for all aspects of the work.
PART I - SECTION E
Inspection and Acceptance
E.1 SUBCONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE
Dave Kausch, Subcontracting Officer's Technical Representative (SOTR) will be responsible for technical assistance in administration of this subcontract. Duties will involve inspection, review, reporting, and certification of the Subcontractor's performance. The SOTR also ensures that the subcontractor complies with all federal, state, DOE and Jefferson Lab environment, health and safety requirements. The SOTR will maintain performance records. When deficiencies are noted, they will be recorded by the SOTR and the information will be provided to the Subcontracting Officer for appropriate action.
This clause does not authorize anyone other than the Subcontracting Officer to commit SURA to changes in the terms of the subcontract.
E.2 INSPECTION OF SERVICES - FIXED PRICE
(a) Definitions. "Services" as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Subcontractor shall provide and maintain an inspection system acceptable to SURA covering the services under this subcontract. Complete records of all inspection work performed by the Subcontractor shall be maintained and made available to SURA during subcontract performance and for as long afterwards as the subcontract requires.
(c) SURA has the right to inspect and test all services called for by the subcontract, to the extent practicable at all times and places during the term of the subcontract. SURA shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If any of the services do not conform with subcontract requirements, SURA may require the Subcontractor to perform the services again in conformity with subcontract requirements, at no increase in subcontract amount. When the defects in services cannot be corrected by reperformance, SURA may (1) require the Subcontractor to take necessary action to ensure that future performance conforms to subcontract requirements and (2) reduce the subcontract price to reflect the reduced value of the services performed.
(e) If the Subcontractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with subcontract requirements, SURA may (1) by subcontract or otherwise, perform the services and charge to the Subcontractor any cost incurred by SURA that is directly related to the performance of such service or (2) terminate the subcontract for default.
PART I - SECTION G
Subcontract Administration Data
G.1 Subcontract Administration. This subcontract will be administered by the Procurement Department within the SURA Business Services Division, SURA/Jefferson Lab, 12000 Jefferson Avenue, Newport News, VA 23606.
Technical Jurisdiction. All work and/or services to be performed under this subcontract will be under the technical jurisdiction of the SOTR.
G.2 Subcontract Correspondence Procedures. All correspondence submitted by the Subcontractor shall be subject to the following procedures:
(a) Nontechnical Correspondence - The Subcontractor shall submit all nontechnical correspondence to the Subcontracting Officer as stated in G.1.
(b) Technical Correspondence - The Subcontractor shall submit all technical correspondence to the SOTR designated in the clause titled “Subcontracting Officer’s Technical Representative” in Section E, SURA/Jefferson Lab, 12000 Jefferson Avenue, Newport News, VA 23606, with an information copy to the Subcontracting Officer.
(c) Invoices SURA shall pay the Subcontractor monthly for the services performed during the preceding month, at the rates prescribed for the services performed, and upon the Subcontractor's submission of proper invoices. An original and 1 copy of the invoice shall be submitted and should replicate Schedule B. The Subcontractor shall submit all invoices to::
SURA/Jefferson Lab
Finance Department
Subcontract No. SURA-01-Cxxx
12000 Jefferson Avenue
Newport News, VA 23606
PART I - SECTION H
Special Subcontract Requirements - Table of Contents
|Clause No |Description |Page No. |
|1 |MODIFICATION AUTHORITY |H-1 |
|2 |INSURANCE |H-1 |
|3 |PERIODIC PROGRESS MEETINGS |H-2 |
|4 |COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL REQUIREMENTS |H-2 |
|5 |SUBCONTRACTOR CHANGEOVER |H-2 |
|6 |LIABILITY |H-2 |
|7 |PERMITS AND RESPONSIBILITIES FOR WORK |H-2 |
|8 |RIGHTS OF SURA TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL |H-2 |
|9 |SUPERVISION |H-2 |
|10 |TELEPHONE SERVICE |H-2 |
|11 |UTILITIES |H-3 |
|12 |SUBCONTRACTS |H-3 |
|13 |SUBCONTRACTS UNDER FIXED PRICE SUBCONTRACTS |H-3 |
|14 |HOLIDAYS |H-3 |
|15 |LIMITATIONS ON SUBCONTRACTING |H-4 |
|16 |ASSIGNMENT |H-4 |
|17 |SUBCONTRACTOR LOCATION |H-4 |
|18 |NOTIFICATION OF INTENT TO EXERCISE AN OPTION |H-4 |
|19 |OPTION TO EXTEND SERVICES |H-4 |
|20 |OPTION TO EXTEND THE TERM OF THE SUBCONTRACT-SERVICES |H-5 |
|21 |DISPUTES |H-5 |
|22 |RELEASE OF INFORMATION |H-5 |
|23 |CORRECTIVE MAINTENANCE PROCEDURES |H-5/6 |
|24 |AVAILABILITY OF FUNDS |H-7 |
|25 |AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR |H-7 |
|26 |PRINTING |H-7 |
PART I - SECTION H
Special Contract Requirements
(Paragraphs with check boxes are applicable only if checked)
H.1 MODIFICATION AUTHORITY
Notwithstanding any other provisions of this subcontract, the Procurement Director or his designee shall be the only individual authorized to:
(a) Accept nonconforming work,
(b) Waive any requirement of this subcontract, or
(c) Modify any term or condition of this subcontract.
/ X /H.2 INSURANCE
(a) The Subcontractor shall, at its own expense, provide and maintain during the entire performance of this subcontract, at least the kinds and minimum amounts of insurance required below, or elsewhere in the subcontract.
|TYPE |AMOUNT |
|Worker’s Compensation and Occupational Coverage in accordance with |Comply with applicable Federal and State Worker’s Compensation and |
|statutory limits. Employer’s Liability Coverage with minimum limit of|Occupational disease statutes. |
| |$100,000 |
|Comprehensive General Liability with minimum limits of: | |
| |$500,000 per occurrence. |
|Automobile Liability Insurance shall be required on the comprehensive |$200,000 per Person |
|form of policy and shall provide bodily injury liability and property |$500,000 per Occurrence for Bodily Injury |
|damage liability covering the operation of all automobiles used in |$ 20,000 per Occurrence for Property Damage |
|connection with performance of the subcontract. | |
b) Subcontractor's policies shall include SURA and SURA as named insureds, and shall by appropriate language provide that the insurance afforded by such policies is primary insurance, and that all rights of the insurer for contribution from other insurers of SURA and/or SURA and all rights of subrogation are waived.
c) Before commencing work under this subcontract, the Subcontractor shall certify to the Subcontracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting SURA's interest shall not be effective
(1) For such period as the laws of the State in which this subcontract is to be performed prescribe, or
(2) Until 30 days after the insurer or the Subcontractor gives written notice to the Subcontracting Officer, whichever period is longer.
(d) The Subcontractor shall insert the substance of this clause, including this paragraph (d), in lower tier subcontracts under this subcontract that require work on the Jefferson Lab installation; and shall require lower tier subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the subcontract. The Subcontractor shall maintain a copy of all lower tier subcontractors' proofs of required insurance, and shall make copies available to the Subcontracting Officer upon request.
/ X /H.3 PERIODIC PROGRESS MEETINGS
(a) The Procurement Representative, Technical Representative, and other SURA personnel, as appropriate, will meet periodically with the subcontractor to review the Subcontractor's performance. At these meetings the Procurement Representative will apprise the Subcontractor of how SURA views the Subcontractor's performance and the Subcontractor will apprise SURA of problems, if any, being experienced. The Subcontractor will also notify the Procurement Representative (in writing) of any work being performed, if any, that the Subcontractor considers over and above the requirements of the subcontract. Appropriate action shall be taken to resolve outstanding issues.
(b) These meetings shall be held more frequently during the first month of the subcontract period, and as needed, but not less than quarterly thereafter.
H.4 COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL REQUIREMENTS
In performing work under this subcontract, the Subcontractor shall comply will all relevant federal, state and local statues, ordinances, laws and regulations.
/ X /H.5 SUBCONTRACTOR CHANGEOVER
SURA reserves the right to conduct site visits in all subcontractor-operated facilities in conjunction with the solicitation of offers for the follow-on subcontract. In the event the follow-on subcontract is awarded to other than the incumbent, the incumbent subcontractor will cooperate to the extent required to permit an orderly changeover to the successor subcontractor. With regard to the successor subcontractor's access to incumbent employees, a recruitment notice may be placed in each facility.
H.6 LIABILITY
SURA shall not he held responsible for damages to property or for injuries or death to persons which might occur without fault on the part of SURA as a result of, or incident to, performance of the subcontract.
H.7 PERMITS AND RESPONSIBILITIES FOR WORK
The Subcontractor shall, without additional expense to SURA, obtain all licenses and permits required for the prosecution of the work. The Subcontractor shall be responsible for all damages to persons or property that occur as a result of the Subcontractor's fault or negligence in connection with the prosecution of the work.
H.8 RIGHTS OF SURA TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL
SURA reserves the right to perform or supplement performance of subcontract functions with SURA personnel during periods of disaster, war, emergencies, police action, or acts of God.
H.9 SUPERVISION
SURA shall not exercise any supervision or control over the Subcontractor's employees performing services under this subcontract. Such employees shall be accountable not to SURA, but solely to the Subcontractor, who in turn is responsible to SURA.
/ X /H.10 TELEPHONE SERVICE
Telephone service (will /X / will not / /) be provided for local calls only.
/X /H.11 UTILITIES
For the purpose of this subcontract, utilities, water, electricity, etc., will be furnished at no cost to the subcontractor. The Subcontractor will be required to participate in all energy conversation programs.
H.12 SUBCONTRACTS
Prior to the placement of subcontracts and in accordance with the clause, "Subcontracts Under Fixed Price Subcontracts", the Subcontractor shall insure that:
(a) They contain all of the clauses of this subcontract (altered when necessary for proper identification of the subcontracting parties) which contain a requirement for such inclusion in applicable subcontracts;
b) Any applicable subcontractor certificate of current cost or pricing data and subcontractor representations and certifications (see certification in Part IV, Section K) are provided;
(c) Any required prior notice and description of the subcontract is given to the Procurement Director and any required consent is received. Except as may be expressly set forth therein, any consent by the Procurement Director to the placement of subcontracts shall not be construed to constitute approval of the subcontract or any subcontract terms or conditions, determination of the allowability of any cost, revision of this subcontract or any of the respective obligations of the parties thereunder, or creation of any subcontractor privity of subcontract with SURA.
H.13 SUBCONTRACTS UNDER FIXED PRICE SUBCONTRACTS
The Subcontractor shall, within seven (7) calendar days after his receipt of the notice of award of the subcontract, or within such time as the Procurement Director may otherwise approve, submit in writing the names of all subcontractors proposed for the work and the extent and character of the work to be done by each. (If, for sufficient reason, at any time during the progress of the work the Procurement Director determines that any subcontractor is incompetent or undesirable he will notify the Subcontractor accordingly, and the Subcontractor shall take steps immediately to cancel such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in this subcontract shall create any subcontractual relation between any subcontractor and SURA).
H.14 HOLIDAYS
Eleven days are designated as SURA/Jefferson Lab holidays, and during the period between Christmas Day and New Year’s Day Jefferson Lab may be closed. All subcontractor personnel will follow the holiday and closure schedule posted by SURA/Jefferson Lab in December of each year. A copy of the schedule will be provided to the subcontractor by the Subcontracting Officer annually. Normally the holidays are observed on -
New Year’s Day Martin Luther King’s Birthday
Presidents Day Memorial Day
Independence Day Labor Day
Thanksgiving Day Day after Thanksgiving
Christmas Eve Christmas Day
New Years Eve
/ / No items shipped under this subcontract will be received on these holidays
/ / Items shipped during closure days will be received.
/ / The subcontractor will not be required to provide services on these holidays/closures.
/X/ The services to be provided on these holidays/closures are those specifically described in
paragraph 4 of the Statement of Work.
/ /H.15 LIMITATIONS ON SUBCONTRACTING
This clause does not apply to the unrestricted portion of a partial set-aside.
a) By submission of an offer and execution of a subcontract, the Offeror/Subcontractor agrees that in performance of the subcontract in the case of a subcontract for
(1) Services (except construction). At least 50 percent of the cost of subcontract performance incurred for personnel shall be expended for employees of the concern.
(2) Supplies (other than procurement from a regular dealer in such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(3) General construction. The concern will perform at least 15 percent of the cost of the subcontract, not including the cost of materials, with its own employees.
(4) Construction by special trade subcontractors. The concern will perform at least 25 percent of the cost of the subcontract, not including the cost of materials, with its own employees.
H.16 ASSIGNMENT
SURA may assign this subcontract, in whole or in part, to DOE or to such party as DOE may designate to perform SURA's obligations hereunder. Upon receipt by Seller of written notice that the DOE or a party so designated by the DOE has accepted an assignment of this subcontract, SURA shall be relieved of all responsibility hereunder and Seller shall thereafter look solely to such assignee for performance of SURA's obligations. Seller shall not assign or transfer this subcontract or any interest herein, or claims hereunder, without the prior written consent of SURA or SURA's assignee.
/ X /H.17 SUBCONTRACTOR LOCATION
During the entire performance period of the Subcontract, including option periods, the Subcontractor shall maintain an office within 75 miles of Jefferson Lab and have sufficient employees employed to assure that this subcontract's requirements can be satisfactorily performed. In accordance with this provision the Subcontractor must continuously demonstrate that the Subcontractor can immediately fill absences or vacancies, and can adequately respond to contingencies that may require additional manning.
/ X /H.18 NOTIFICATION OF INTENT TO EXERCISE AN OPTION
After receipt of a preliminary notice of intent to exercise an option, the Subcontractor shall be notified of SURA's actual intent to exercise an option within 30 days of the end of the Base Period or the end of the applicable Option Period. Not withstanding a notice of intent to exercise an option being issued, issuance of the modification exercising an option is contingent on the receipt of funds for the next fiscal year, in accordance with the Availability of Funds clause.
/ X /H.19 OPTION TO EXTEND SERVICES
SURA may require continued performance of any services within the limits and at the rates specified in the subcontract. 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 Subcontracting Officer may exercise the option by written notice to the Subcontractor within 30 days before the end of the Base Period or the end of the current Option Period.
/X /H.20 OPTION TO EXTEND THE TERM OF THE SUBCONTRACT-SERVICES
(a) SURA may extend the term of this subcontract by written notice to the Subcontractor within the period specified in the schedule; provided, that SURA shall give the Subcontractor a preliminary written notice of its intent to extend at least 60 days before the subcontract expires. The preliminary notice does not commit SURA to an extension.
(b) If SURA exercises this option, the extended subcontract shall be considered to include this option provision.
(c) The total duration of this subcontract, including the exercise of any options under this clause, shall not exceed 66 months.
H.21 DISPUTES
All disputes between the parties pertaining to this Subcontract which are not disposed of by agreement shall be decided by litigation. Trial of any such litigation shall be confined exclusively to the Federal District Court for the Eastern District of Virginia, or and only in the event that the jurisdictional requirements for trial in Federal Court are not present, to the Circuit Court of the Commonwealth of Virginia in Newport News, Virginia.
The terms of this Subcontract shall be construed and interpreted in accordance with the body of law applicable to the procurement of goods and services by the Federal Government. Nothing in this clause shall grant to the Subcontractor by implication any statutory rights or remedies not expressly set forth in this Subcontract.
There shall be no interruption in the prosecution of the work, and the Subcontractor shall proceed diligently with the performance of this Subcontract pending final resolution of any dispute, claim, or litigation arising under or related to this Subcontract between the parties hereto or between the Subcontractor and lower tier subcontractors or suppliers.
The Contract Disputes Act of 1978 (41 U.S.C. Sections 601-613) shall not apply to this Subcontract; provided, however, that nothing in this clause shall prohibit SURA, in its sole discretion, from sponsoring a claim of the Subcontractor for resolution under the provisions of its prime subcontract with DOE. In the event that SURA so sponsors a claim at the request of the Subcontractor, the Subcontractor shall be bound by the decision of the cognizant DOE Subcontracting Officer to the same extent and in the same manner as SURA.
H.22 RELEASE OF INFORMATION
Information regarding this Subcontract or the undertaking or any data developed hereunder shall not be released, and the name of SURA, Jefferson Lab, or SURA shall not be used, in any publications, news releases, advertising, speeches, technical papers, photographs and other releases of information, without prior written approval from SURA.
/ X / H.23 CORRECTIVE MAINTENANCE PROCEDURES
This subcontract shall allow Corrective Maintenance to be accomplished according to one of two methods:
For Corrective maintenance work estimated to be valued under or equal to $2000.00, a task order will be issued on a Time and Material basis.
For Corrective maintenance work estimated to be valued over $2000.00, a task order will be issued on a Firm Fixed Price basis unless the Subcontracting Officer determines that the task should be performed on a Time and Material basis.
• Procedures for Corrective Maintenance Task Orders using Time and Material Costs:
a) Individual task orders will be awarded with a “Not to Exceed” price of $2000.00.
b) Task orders shall be issued in accordance with the following procedures:
1) The Subcontracting Officer Technical Representative (SOTR) will furnish the Subcontractor with a
Task Order Request. The request shall include:
i. a description of the specified work required;
ii. the anticipated performance period;
iii. any other pertinent information (such as site or location).
1) The subcontractor shall determine if the work can be accomplished under $2000.00 and advise the SOTR of the determination. If the subcontractor cannot accomplish the work under $2000.00 then a Task Order shall be issued in accordance with to the procedureshown listed below.
2) If the subcontractor agrees the work can be accomplished under $2000.00 then he will immediately proceed with the description of work and complete the task order by the required completion date.
i. Submission of an invoice for time and material task orders shall include copies of time sheets complete with the dates, hours and names of the individuals involved in completing the work.
ii. Submission of an invoice for time and material task orders shall also include copies of material invoices clearly showing the subcontractors cost for the material used. The subcontractor shall annotate the material invoice to show the material mark-up and total cost.
c) At the conclusion of the subcontractor’s work to accomplish the Corrective Maintenance item, the subcontractor’s on-site technical staff shall provide a copy of the Task Order form to the SOTR on the day the work is completed. The completed Task Order shall be annotated to describe the work accomplished, the acceptance test results and the current status of the system or component.
● Procedures for Corrective Maintenance Task Orders with Firm Fixed Pricing:
(a) Individual task orders will be awarded with a “Total Price” for Fixed Price task orders. Labor rates corresponding to the applicable rates identified in Part I - Schedule B – Pricing, Corrective Maintenance Services shall be used to compute the pricing for task orders. Task orders shall be issued to the Subcontractor as necessary for efforts described more specifically in the task order’s Description of Work.
(b) Task orders for fixed price orders shall be issued in accordance with the following procedures:
NOTE: The preferred method for task order issuance and subcontractor proposal submission will be through electronic transmission.
(1) The Subcontracting Officer Technical Representative will furnish the Subcontractor with Task Order Proposal. The proposal shall include:
i. a description of the specified work required;
i. the anticipated performance period;
ii. time for submission of detailed cost estimates
iv. any other pertinent information (such as site or location).
(2) The Subcontractor shall, within the time specified in the task order proposal, provide the SOTR one copy of the proposal, unless submitted electronically, that address:
i. Total Price supported by detailed costs showing a breakout of direct labor, material costs and all other costs for consideration under the particular task order.
ii. a proposed schedule for completing the task order effort;
iii. any other pertinent information deemed necessary for the performance of the task order.
(3) The Subcontracting Officer and technical representatives will review the proposal upon receipt and enter into discussions/negotiations with the Subcontractor as necessary. In the event a mutually satisfactory task order price cannot be negotiated and a final offer is unacceptable as submitted, the task order will be competed with other sources.
3) Upon receipt of a written authorization and assignment of a task order number issued by the SOTR or the Subcontracting Officer, the Subcontractor shall furnish to the SURA the services and/or supplies as set forth in the schedule.
c) At the conclusion of the subcontractor’s work to accomplish the Corrective Maintenance item, the subcontractor’s on site technical staff shall provide a copy of the Task Order form to the SOTR on the day the work is completed. The completed Task Order shall be annotated to describe the work accomplished, the acceptance test results and data and the current status of the system or component.
/ X /H. 24 AVAILABILITY OF FUNDS
Funds are not presently available for this subcontract. SURA's obligation under this subcontract is contingent upon the availability of appropriated funds from which payment for subcontract purposes can be made. No legal liability on the part of SURA for any payment may arise until funds are made available to the Subcontracting Officer for this subcontract and until the Subcontractor receives notice of such availability, to be confirmed in writing by the Subcontracting Officer.
/ X /H.25 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR
After award SURA's obligation for performance of this subcontract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payment for subcontract purposes can be made. No legal liability on the part of SURA for any payment may arise for performance under this subcontract beyond the current fiscal year until funds are made available to the Subcontracting Officer for performance and until the Subcontractor receives notice of availability, to be confirmed in writing by the Subcontracting Officer.
H.26 PRINTING
(a) To the extent that duplicating or printing services may be required in the performance of this subcontract, the Subcontractor shall provide or secure such services in accordance with SURA Printing and Binding Regulations, Title 44 of the U.S. Code, and DOE Directives relative thereto.
(b) The term "Printing" includes the following processes: composition, platemaking, presswork, binding, microform, publishing, or the end items produced by such processes. Provided, however, that performance of a requirement under this subcontract involving the duplication of less than 5,000 copies of a single page, or no more than 25,000 units in the aggregate of multiple pages, will not be deemed to be printing.
(c) Printing services not obtained in compliance with this guidance shall result in the cost of such printing being disallowed.
(d) In all subcontracts hereunder which require printing (as that term is defined in Title I of the U.S. Government Printing and Binding Regulations), the Subcontractor shall include a provision substantially the same as this clause.
Southeastern Universities Research Association, Inc.
Thomas Jefferson National Accelerator Facility
PART II-SECTION I
FIXED PRICE SERVICES ACQUISITION
(Terms and Conditions Incorporated By Reference For Actions Exceeding $100,000)
Any subcontract entered into by Southeastern Universities Research Association, hereinafter called “SURA” is under the authority of its Prime Contract No. DE-AC0584ER40150 with the U.S. Department of Energy (DOE) and is subject to statutory and regulatory provisions, some of which are or may be applicable to this subcontract. The following clauses are incorporated by reference and are applicable as if fully set forth herein. The text of these clauses will be furnished upon request to the Subcontracting Officer and are available on the TJNAF World Wide Web home page at . Any subcontract awarded will include these clauses in full text.
TABLE OF CONTENTS
|Clause No. |MANDATORY CLAUSES |
|1 |DEFINITIONS |
|2 |COVENANT AGAINST CONTINGENT FEES |
|3 |RESTRICTIONS ON SUBCONTRACTOR SALES TO SURA OR THE GOVERNMENT |
|4 |ANTI-KICKBACK PROCEDURES |
|5 |EXAMINATION OF RECORDS BY COMPTROLLER GENERAL |
|6 |AUDIT-NEGOTIATION |
|7 |INTEGRITY OF UNIT PRICES |
|8 |ORDER OF PRECEDENCE |
|9 |UTILIZATION OF SMALL BUSINESS CONCERNS |
|10 |CONVICT LABOR |
|11 |CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME COMPENSATION |
|12 |EQUAL OPPORTUNITY |
|13 |AFFIRMATIVE ACTION FOR DISABLED AND VIETNAM ERA VETERANS |
|14 |AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES |
|15 |FEDERAL, STATE, AND LOCAL TAXES; or FEDERAL, STATE AND LOCAL TAXES – NONCOMPETITIVE (IF BOX IS MARKED FOR APPLICABLE) |
|16 |PAYMENTS |
|17 |LIMITATION ON WITHHOLDING OF PAYMENTS |
|18 |EXTRAS |
|19 |INTEREST |
|20 |ASSIGNMENT OF CLAIMS |
|21 |PROTEST AFTER AWARD |
|22 |CHANGES (FIXED PRICE) |
|23 |COMPETITION IN SUBCONTRACTING |
|24 |LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS |
|25 |PREFERENCE FOR U.S. FLAG AIR CARRIERS |
|26 |PREFERENCE FOR PRIVATELY OWNED U.S. FLAG COMMERCIAL VESSELS |
|27 |DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) |
|28 |AUTHORIZATION AND CONSENT |
|29 |PATENT INDEMNITY-DOE |
|30 |NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT |
|31 |RIGHTS IN DATA-TECHNOLOGY TRANSFER |
|32 |CLEAN AIR AND WATER |
|33 |EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA |
|34 |DISCOUNTS FOR PROMPT PAYMENT |
|35 |PROTECTING SURA'S INTEREST WHEN SUBCONTRACTING WITH SUBCONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT |
|36 |TERMINATION FOR CONVENIENCE OF SURA (SERVICES) (SHORT FORM) (SUBCONTRACT $100,000) |
|38 |BUY AMERICAN - SUPPLIES |
|39 |GRATUITIES |
|40 |PROHIBITION OF SEGREGATED FACILITIES |
|41 |SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS |
| | |
OPTIONAL CLAUSES
(Applicable only if check marked)
/ /42 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE
/ /43 PRIVACY ACT NOTIFICATION
/ /44 PRIVACY ACT
/ /45 ADDITIONAL BOND SECURITY
/X /46 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION
/ /47 CONTINUITY OF SERVICES
/ /48 PROPERTY RECORDS
/X /49 GOVERNMENT PROPERTY (FIXED-PRICE SUBCONTRACTS)
/X /50 WARRANTY OF SERVICES
/ /51 CLASSIFIED INVENTIONS
/ /52 CONFIDENTIALITY OF INFORMATION
/ /53 ACQUISITION OF REAL PROPERTY
/X /54 ACCOUNTS, RECORDS AND INSPECTIONS
/ /55 COST ACCOUNTING STANDARDS
/ /56 ADMINISTRATION OF COST ACCOUNTING STANDARDS
/X /57 VALUE ENGINEERING
/ /58 TAXES-FOREIGN FIXED-PRICE CONTRACTS
/ /59 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA
/ /60 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA
/X /61 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT
(MULTIPLE YEAR AND OPTION CONTRACTS)
/ /62 ORGANIZATIONAL CONFLICTS OF INTEREST-SPECIAL CLAUSE
/ /63 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA
/X /64 SMALL BUSINESS SUBCONTRACTING PLAN (Applicable if subcontract amount is over $500K)
/ /65 SUBCONTRACTS
/X /66 SERVICE CONTRACT ACT
/ /67 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS
PART III - SECTION J
List of Attachments
J.1 Statement of Work and Technical Exhibits - Attachment 1 (106 Pages)
.
J.2 Terms and Conditions Certification - Attachment 2
J.3 Service Contract Act Wage Determination - Attachment 3 (10 Pages)
1994-2543 Revision #27 dated 05/31/2001 -
PART IV - SECTION K
REPRESENTATIONS/CERTIFICATIONS
(Paragraphs with check boxes are applicable only if checked)
K.1 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION
(a) The offeror certifies that:
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered:
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or subcontract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory:
(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraph (a) (1) through (a) (3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above ______________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization):
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.
(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
K.2 PLACE OF PERFORMANCE
(a) If the offeror intends to use one or more plants or facilities located at a different address from the address of the offeror as indicated in this proposal in the performance of any subcontract resulting from this solicitation, it shall insert in the spaces provided below:
Place of Performance (Street Address, City, County, State, Zip Code)
________________________________________________________________
Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror
________________________________________________________________
K.3 TYPE OF BUSINESS ORGANIZATION
The offeror by checking the applicable box, represents that it operates as a corporation incorporated under the laws of the State of , an individual, a partnership, a nonprofit organization, or a joint venture. If the offeror is a foreign entity, it operates as an individual, a partnership, a nonprofit organization, a joint venture, or a corporation, registered for business in ________________________(country).
K.4 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(a) (1) The Offeror certifies, to the best of its knowledge and belief, that
(i) The offeror and/or any of its Principals -
(A) Are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of subcontracts by any Federal agency;
(B) 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 public (Federal, state, or local) subcontract or lower 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, or receiving stolen property; and
(C) Are are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision.
(ii) The offeror has has not , within a three year period preceding this offer, had one or more subcontracts terminated for default by any Federal agency.
(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).
(b) The Offeror shall provide immediate written notice to the Subcontracting Officer if, at any time prior to subcontract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withhold of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Subcontracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to SURA, the Subcontracting Officer may terminate the subcontract resulting from this solicitation for default.
K.5 SMALL BUSINESS PROGRAM REPRESENTATIONS
(a) (1) The North American Industry Classification System (NAICS) code for this
acquisition is __561621__
(2) The small business size standard is _$ 9.0M_
(b) Representations.
1) The offeror represents as part of its offer that it is, is not a small business concern.
2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(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.
3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it is, is not a women-owned small business concern.
4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.
5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.
6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, as part of its offer, that—
(i) It is, It 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and
(ii) It is, It is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: ______________________________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
b) Definitions: As used in this provision—
“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 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 the size standard in paragraph (a) of this provision.
“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 small business concern”, means a small business concern—
1) 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 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.
(d) Notice
1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set aside contained restrictions on the source of the end items to be furnished.
2) Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall –
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment;
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
K.6 NOTICE OF PARTICIPATION BY ORGANIZATIONS FOR THE HANDICAPPED
(a) Definitions. “Handicapped individual” means a person who has a physical, mental, or emotional impairment, defect, ailment, disease, or disability of a permanent nature that in any way limits the selection of any type of employment for which the person would otherwise be qualifiable.
(b) The Offeror certifies that it is, is not a public or private organization for the handicapped. An offeror certifying in the affirmative is eligible to participate in any resultant subcontract as if it were a small business concern.
(c) An Offeror certifying as a public or private organization for the handicapped agrees that at least 75 percent of the direct labor required in the performance of the subcontract will be performed by handicapped individuals.
“Public or private organization for the handicapped” means one which
(1) Is organized under the laws of the United States or of any State, operated in the interest of handicapped individuals, the net income of which does not insure in whole or in part to the benefit of any shareholder or other individual;
(2) Complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and
(3) Employs in the production of commodities and in the provision of services, handicapped individuals for not less than 75 percent of the direct labor required for the production or provision of the commodities or services.
K.7 AFFIRMATIVE ACTION COMPLIANCE
The offeror represents that (a) it has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it has not previously had subcontracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
K.8 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS
The offeror represents that:
(a) It has, has not participated in a previous subcontract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114;
(b) It has, has not, filed all required compliance reports, and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
K.9 CLEAN AIR AND WATER CERTIFICATION
The offeror certifies that:
(a) Any facility to be used in the performance of this proposed subcontract is, is not listed on the Environmental Protection Agency List of Violating Facilities;
(b) The Offeror will immediately notify SURA, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the Offeror proposes to use for the performance of the subcontract is under consideration to be listed on the EPA List of Violating Facilities; and
(c) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract.
K.10 PERIOD FOR ACCEPTANCE OF OFFER
In compliance with the solicitation, the offeror agrees, if this offer is accepted within days (120 calendar days unless a different period is inserted by the offeror) from the date specified in the solicitation for receipt of offers, to furnish any or all items on which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.
K.11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS:
a) The definitions and prohibitions contained in the clause based on FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.
(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989, that
(1) 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 awarding of any Federal subcontract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of an Federal subcontract, grant, loan or cooperative agreement;
(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Subcontracting Officer, and
(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisite for making or entering into this subcontract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
No payments to influence certain Federal transactions have been made.
Payments to influence certain Federal transactions have been made. Disclosure form attached.
K.12 BUY AMERICAN CERTIFICATE
The offeror certifies that each end product, except those listed below, is a domestic end product, and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States.
|Excluded End Products |Country of Origin |
| | |
| | |
K.13 WALSH-HEALEY PUBLIC CONTRACTS ACT REPRESENTATION
The offeror represents as a part of this offer that the offeror is or is not a regular dealer in, or is or
is not a manufacturer of, the supplies offered.
K.14 LIST OF SUB-SUBCONTRACTORS - CONSTRUCTION
Listed below is:
(a) The name of each Sub-Subcontractor who will perform work as labor or render service to the undersigned in or about the construction of work, or who will specially fabricate and install a portion of the work according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the Subcontractor's total proposal, and
(b) The portion of the work, which will be done by each Sub-Subcontractor who is licensed to do that portion of the work. If the undersigned fails to specify a licensed Sub-Subcontractor or if the undersigned specified more than one such Sub-Subcontractor for any portion of the work to be performed under the Subcontract in excess of one-half of one percent of the undersigned's total proposal, it agrees that he is either fully qualified to perform that portion himself or any subcontractor selected after the proposal is submitted is fully qualified to perform the work.
Sub-Subcontracted Portion of the Work Sub-Subcontractor (Base Proposal)
K.15 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (NONDEFENSE)
Note: This notice does not apply to small businesses or foreign governments. This notice is in four parts, identified by Roman numerals I through IV. Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant subcontract.
I. DISCLOSURE STATEMENT - COST ACCOUNTING PRACTICES AND CERTIFICATION
(a) Any subcontract in excess of $500,000 resulting from this solicitation, except subcontracts in which the price negotiated is based on (1) established catalog or market prices of commercial items sold in substantial quantities to the general public, or (2) prices set by law or regulation, will be subject to the requirements of 48 CFR, Parts 9903 and 9904, except for those subcontracts which are exempt as specified in 48 CFR, Subpart 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result in a subcontract subject to the requirements of 48 CFR, Parts 9903 and 9904 must, as a condition of subcontracting, submit a Disclosure Statement as required by 48 CFR, Subpart 9903.202. The Disclosure Statement must be submitted as a part of the offeror’s 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 subcontract performance cost data.
(c) Check the appropriate box below:
(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 Subcontracting Officer (ASO), and (ii) one copy to the cognizant subcontract auditor. (Disclosure must be on Form No. CASB DS-1. Forms may be obtained from the cognizant ASO.)
Date of Disclosure Statement:________________________________
Name and Address of Cognizant ASO where filed:
________________________________________________________
________________________________________________________
The offeror further certifies that 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 Disclosure Statement was filed as follows:
Date of Disclosure Statement:________________________________
Name and Address of Cognizant ASO 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 subcontracts and subcontracts subject to CAS totaling more than $10 million 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 awards resulting from this proposal, the offeror will advise the Subcontracting Officer immediately.
(4) Certificate of Interim Exception. - The offeror hereby certifies that (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, Subpart 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 of that period, the offeror will immediately submit a revised certification to the Subcontracting 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 subcontract or subcontract of $10 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.
II. COST ACCOUNTING STANDARDS - EXEMPTION FOR SUBCONTRACTS OF $500,000 OR LESS
If this proposal is expected to result in the award of a subcontract of $500,000 or less, the offeror shall indicate whether the exemption below is claimed. Failure to check the box below shall mean that the resultant subcontract is subject to CAS requirements or that the offeror elects to comply with such requirements.
The offeror hereby claims an exemption from the CAS requirements under the provisions of 48 CFR, Subpart 9903.201-1(b)(2).
III. COST ACCOUNTING STANDARDS - ELIGIBILITY FOR MODIFIED SUBCONTRACT COVERAGE
If the offeror is eligible to use the modified provisions of 48 CFR, Subpart 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 subcontract 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, Subpart 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because (i) during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $10 million in awards of CAS-covered prime subcontracts and subcontracts, and (ii) the sum of such awards equaled less than 10 percent of total sales during that cost accounting period. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Subcontracting Officer immediately.
CAUTION: An offeror may not claim the above eligibility for modified subcontract coverage if this proposal is expected to result in the award of a CAS-covered subcontract of $10 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime subcontract or subcontract of $10 million or more.
IV. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING SUBCONTRACTS
The offeror shall indicate below whether award of the contemplated subcontract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing subcontracts and lower tier subcontracts.
YES NO
K.16 CERTIFICATION
By signing below, the bidder certifies that these representations are accurate, current and complete.
|Date: | |
|Signature: | |
|Name (Typed): | |
|Title: | |
|Name of Firm: | |
|Street Address: | |
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PART IV - SECTION L
Instructions, Conditions, and Notices to Offerors
(Paragraphs with check boxes are applicable only if checked)
L.1 SOLICITATION DEFINITIONS
(a) "Offer" means "proposal" in negotiations.
(b) "Solicitations" means "Request for Proposal (RFP)" or "Request for Quotation (RFQ)" in negotiations.
(c) Wherever the term "bid" or "bidder" appears it is referring to the offer or offeror.
L.2 UNNECESSARILY ELABORATE PROPOSALS OR QUOTATIONS
Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror's or quoter's lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentation aids are neither necessary nor wanted.
L.3 AMENDMENTS TO SOLICITATIONS
(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.
(b) Offerors shall acknowledge receipt of any amendment to this solicitation by--
(1) Signing and returning the amendment,
(2) Identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer,
(3) Letter or telegram, or
(4) Facsimile, if facsimile offers are authorized in the solicitation. SURA must receive the acknowledgment by the time specified for receipt of offers.
L.4 SUBMISSION OF OFFERS
(a) Offers and modifications thereof shall be submitted in sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solicitation number, and the name and address of the offeror.
(b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified by written or telegraphic notice.
(c) Facsimile offers, modifications or withdrawals will not be considered unless authorized by the solicitation.
(d) Item samples, if required, must be submitted within the time specified for receipt of offers. Unless otherwise specified in the solicitation, these samples shall be (1) submitted at no expense to SURA, and (2) returned at the sender's request and expense, unless they are destroyed during preaward testing.
L.5 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS
(a) Any proposal received at the office designated in the solicitation after exact time specified for receipt will not be considered unless it is received before award is made and it
(1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an officer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);
(2) Was sent by mail or, if authorized by the solicitation, was sent by telegram or via facsimile and it is determined by SURA that the late receipt was due solely to mishandling by SURA after receipt at SURA;
(3) Was sent by the U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term "working days" excludes weekends and U.S. Federal holidays; or
(4) Is the only proposal received.
(b) Any modification of a proposal or quotation, except a modification resulting from the Subcontracting Officer's request for "best and final" offer, is subject to the same conditions as in subparagraphs (a)(1), (2), and (3) of this provision.
(c) A modification resulting from the Subcontracting Officer's request for "best and final" offer received after the time and date specified in the request will not be considered unless received fore award and the late receipt is due solely to mishandling by SURA after receipt at SURA.
(d) The only acceptable evidence to establish the date of mailing of a late proposal or modification sent either by U.S. Postal Service registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the proposal, quotation, or modification shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors or quoters should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.
(e) The only acceptable evidence to establish the time of receipt at SURA installation is the time/date stamp of that installation on the proposal wrapper or other documentary evidence of receipt maintained by the installation.
(f) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Service - Post Office to Addressee is the date entered by the post office received clerk on the "Express Mail Next Day Service-Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark" has the same meaning as defined in paragraph (d) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors or quoters should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.
(g) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful proposal that makes its terms more favorable to SURA will be considered at any time it is received and may be accepted.
(h) Proposals may be withdrawn by written notice or telegram (including mailgram) received at any time before award. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision entitled "Facsimile Proposals." Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is made known and the representative signs a receipt for the proposal before award.
L.6 RESTRICTION ON DISCLOSURE AND USE OF DATA
Offerors who include in their proposals data that they do not want disclosed to the public for any purpose or used by SURA except for evaluation purposes, shall--
(a) Mark the title page with the following legend: "This proposal includes data that shall not be disclosed outside SURA and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a subcontract is awarded to this offeror as a result of--or in connection with--the submission of this data, SURA shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting subcontract. This restriction does not limit SURA's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets ”, and
(b) Mark each sheet of data it wishes to restrict with the following legend: "Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal."
L.7 EXPLANATION TO PROSPECTIVE OFFERORS
Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of a subcontract will not be binding. Any information given a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to other prospective offerors.
L.8 FAILURE TO SUBMIT OFFER
Recipients of this solicitation not responding with an offer should not return this solicitation, unless it specifies otherwise. Instead, they should advise the issuing office by letter or postcard whether they want to receive future solicitations for similar requirements. If a recipient does not submit an offer and does not notify the issuing office that future solicitations are desired, the recipient's name may be removed from the applicable mailing list.
L.9 TYPE OF SUBCONTRACT
SURA contemplates award of a Firm Fixed Price subcontract resulting from this solicitation.
L.10 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW
An award in the amount of $1 million or more will not be made under this solicitation unless the offeror is found, on the basis of a compliance review, to be able to comply with the provisions of the Equal Opportunity clause of this solicitation.
/ X /L.11 MANDATORY SITE VISIT AND PREPROPOSAL CONFERENCE
Offerors must attend a site visit and preproposal conference for award of any Subcontract which may be awarded as a result of this solicitation. The dates and times for site visits/conferences which have been scheduled are stated in the cover sheet or schedule of the solicitation. Attendees should report to the receptionist deck at the VARC Building (Bldg. 28), 12000 Jefferson Avenue, Newport News, VA 23606. Attendees should bring hard hats and safety glasses, as many of the areas on site require such protection. Additional site visits/conferences will only be held if the Subcontracting Officer determines they are feasible.
/ /L.12 PROPOSAL GUARANTEE
(a) Failure to furnish a proposal guarantee in the proper form and amount, by the time set for opening proposals, may be cause for rejection of the proposal. A proposal will not be considered unless accompanied by a guarantee in an amount not less than 20% of the base proposal price.
(b) The offeror shall furnish a proposal guarantee in the form of a firm commitment, such as a bid bond, postal money order, certified check, cashier's check, irrevocable letter of credit, or under Treasury Department regulations, certain bonds or notes of the United States. SURA will return proposal guarantees, other than bid bonds, (1) to unsuccessful offerors as soon as practicable after the opening of proposals, and (2) to the successful offeror upon execution of subcontractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the proposal as accepted.
(c) If the successful offeror, upon acceptance of its proposal by SURA within the period specified for acceptance, fails to execute all subcontractual documents or give a bond(s) as required by the solicitation within the time specified, SURA may terminate the subcontract for default.
(d) Unless otherwise specified in the proposal, the offeror will (1) allow 60 days for acceptance of its proposal and give bond within ten (10) days after receipt of the forms by the offeror.
(e) In the event the subcontract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer, and the proposal guarantee is available to offset the difference.
L.13 PERFORMANCE AND PAYMENT BONDS
Performance and Payment Bonds. Within 10 days after the prescribed forms are presented to the offeror to whom the award is made, two bonds, each with good and sufficient surety or sureties acceptable to SURA, furnished; namely a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25A). The penal sum of such bonds will be as follows:
(a) Performance Bond:
The penal sum of the performance bond shall equal one hundred percent (100%) of the subcontract price.
(b) Payment Bond:
(1) When the subcontract price is $1,000,000 or less, the penal sum shall be fifty percent (50%) of the subcontract price.
(2) When the subcontract price is in excess of $1,000,000 but not more than $5,000,000, the penal sum shall be forty percent (40%) of the subcontract price.
(3) When the subcontract price is more than $5,000,000, the penal sum shall be $2,500,000.
(c) Any bonds required will be furnished by the Subcontractor to SURA prior to commencement of subcontract performance.
L.14 CRITERIA FOR APPROVAL OF SURETY AND INSURANCE COMPANIES
SURA will approve any surety and insurance company which, at the time of execution of this Subcontract is listed in the latest published U.S. Treasury Department list of "Companies Holding Certificate of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies."
L.15 SUBMISSION OF OFFERS
(a) Offers and modifications thereof shall be submitted in sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solicitation number, and the name, address and telephone number of the offeror.
(b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified by written or telegraphic notice.
(c) Facsimile offers, modifications or withdrawals will not be considered unless authorized by the solicitation.
(d) Item samples, if required, must be submitted within the time specified for receipt of offers. Unless otherwise specified in the solicitation, these samples shall be (1) submitted at no expense to SURA, and (2) returned at the sender’s request and expense, unless they are destroyed during preaward testing.
L.16 CONTENTS OF OFFERS
a) Offers shall be submitted in two (2) separate volumes marked Volume I-Technical Proposal in an original plus two (2) copies and Volume II-Business Proposal in an original plus one (1) copy. Price or cost data shall not be included in Volume I. The offeror shall fully address the requirements of this solicitation by discussing the following items:
1. Volume I - Technical Proposal
A. Qualifications: Experience, Past Performance and Key Personnel
i. Offeror shall present prior Experience/Past Performance information that is sufficient to describe the offeror’s demonstrated corporate experience relevant to the requirements being procured by this RFP. Include at least four references who can verify that you have managed comparable Inspection, Testing and Maintenance service contracts for Fire Protection Systems, for the past five years and who will provide information about the quality of your past performance. If you are partnering with another company or subcontracting a significant portion of the work, you must give us references for your partner or subcontractor as well, using the format below.
As a minimum provide the following information:
1) Project Description - The scope of the contracts involving inspection, testing and maintenance (ITM) of fire protection systems.
2) Dates of Performance
3) Dollar Value
4) Clients and Points of contact who may be contacted as reference to include name, address, and telephone.
5) Total number of years in business providing ITM services.
ii. Offeror shall provide information on the resources it will use to meet the requirements of this subcontract, including key personnel, in the following format:
1) List key personnel that will be involved in all phases of this project;
2) Titles and functions of the above personnel;
3) Provide resumes or job performance criteria for Project Manager and Crew Leaders, detailing the experience and qualifications of the above personnel to perform assigned functions
4) Certifications of all personnel expected to perform work on this subcontract to include: current NICET certificates and certificates of completion from factory sponsored training programs in the design installation and maintenance of the systems and equipment listed below:
Ansul pre-engineered fire protection systems
VESDA air sampling smoke detection systems
Semens Pyrotronics SXL FACP
Semens Pyrotronics XL3 FACP
Semens Pyrotronics MXL FACP
Andover Controls Continuum
Water Based Fire Suppression Systems
B. Understanding the Requirement and Approach.
1. Offeror shall state the degree to which the offeror shall meet the requirements of this solicitation.
2. Offer shall develop and submit a test plan for each type of system or component listed below. Each plan shall identify a procedure to be followed to ensure that the testing of a device of subsystem will provide the desired response in the integrated fire alarm system.
a.) Restorable heat detectors
b.) Ionization or photoelectric smoke detectors
c.) Air sampling smoke detectors
d.) Radiant energy flame detectors
e.) Duct smoke detectors
f.) Clean agent suppression system agent release control panel
3. Offeror shall document any discrepancies, conflicts, or exceptions taken to the Jefferson Lab Statement of Work or any solicitation clauses as follows:
1) Explanation of any discrepancies,
2) Explanation of any conflicts,
3) Explanation of any exceptions taken, and
4) Explanation of and supported advocacy rationale for any changes proposed to resolve discrepancies, conflicts, and/or exceptions.
4. Organization, Staffing and Other Resources. Describe how personnel and equipment resources will be organized and staffed to assure that services are provided within the required time frames and in accordance with all inspection and testing requirements.
C. Quality Assurance and Quality Control Implementation
1. Offeror shall furnish a written quality control tracking system per the specifications in Section 9.2 of the Statement of Work.
2. Offeror shall identify the Quality Assurance Supervisor and his/her relationship to company management.
2. Volume II - Business Proposal
A. Offeror is required to submit a Business Proposal marked Volume II in an original plus one (1) copy to include the following:
i. PD Form 19, “Solicitation Offer and Award,” completed and signed (blocks 12 through 14F) by an individual duly authorized to commit the firm.
ii. Part 1, Section B “Supplies or Services and Prices/Costs” to include unit price, extended amount and total proposed price.
iii. Executed Part IV, Section K, “Representations and Certifications.”
iv. Acknowledgment of all solicitation amendments.
v. “Terms and Conditions” Certification – Attachment 2
vi. Financial and/or banking references, including names and telephone numbers to be contacted to verify the offeror’s financial capability to accomplish this work. Submit one copy of offeror’s most recent annual report (if any), and financial statements for the past two years.
PART IV - SECTION M
Evaluation Factors for Award
(Paragraphs with check boxes are applicable only if checked)
/ X / M.1 SUBCONTRACT AWARD
(a) We will award a subcontract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to SURA, cost or price and other factors, specified elsewhere in this solicitation, considered. Therefore, SURA reserves the right to award to other than the lowest price offer
(b) We may (1) reject any or all offers if such action is in the public interest, (2) accept other than the lowest offer, and (3) waive informalities and minor irregularities in offers received.
(c) We may award a subcontract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint.
(d) We may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may be submitted for quantities less than those specified. We reserve the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specified otherwise in the offer.
(e) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding subcontract without further action by either party. Before the offer's specified expiration time, We may accept an offer (or part of an offer, as provided in paragraph (d) above), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by us.
(f) Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting subcontract. However, if the resulting subcontract contains a clause providing for price reduction for defective cost or pricing data, the subcontract price will be subject to reduction if cost or pricing data furnished is incomplete, inaccurate, or not current.
/ X / M.2 EVALUATION OF OPTIONS
SURA will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate SURA to exercise the option(s).
/ X / M.3 EVALUATION AND AWARD FACTORS
I. General
a) Information provided in response to Clause L.16, Contents of Offers, will be the primary basis for SURA’s technical evaluation; however, SURA may use additional information deemed necessary to perform a thorough evaluation of the Offeror’s proposal. Subjective judgment on the part of SURA is implicit in the technical evaluation process and the subsequent award decision. Offerors are advised that SURA reserves the right to conduct a pre-award survey of Offeror’s facilities and processes if necessary.
b) SURA will select the most advantageous offer based on the technical, price and price-related evaluation factors included below:
II. Evaluation and Award Factors
SURA will separately evaluate proposals in accordance with the criteria discussed below. Technical criteria are considered more important than cost/price. The various nonprice evaluation factors are listed in descending order of importance. Although cost/price is less important than technical and may not be the controlling factor for award, cost/price will be a part of SURA’s selection decision.
A. TECHNICAL CRITERIA
Factor 1 – Qualifications: Experience and Past Performance - Offeror’s demonstrated current and previous corporate, key management and technical personnel experience, past performance and qualifications directly related to satisfactory performance of service contracts for inspection, testing and maintenance of fire protection systems.
(1) Past Experience. Experience is the opportunity to learn by doing. Jefferson Lab will evaluate the offeror’s experience on the basis of its breadth, its depth, and its relevance to the work that will be required under the prospective subcontract. Jefferson Lab will consider the extent to which the offeror’s key personnel have worked together in the past. Also the organizational experience of the offeror’s proposed key subcontractors will be evaluated.
(2) Past Performance. Past performance is a measure of the degree to which an offeror satisfied its customers in the past and complied with Federal, state, and local regulations. Jefferson Lab will contact some of the offeror’s customers to ask whether or not they believe: (1) that the offeror was capable, efficient, and effective; (2) that the offeror’s performance conformed to the terms and conditions of its contract; (3) that the offeror was reasonable and cooperative during performance; and (4) that the offeror was committed to customer satisfaction. In evaluating past performance, Jefferson Lab may also contact other sources of information including, but not limited to: Federal, state, and local government agencies, better business bureaus, published media, and electronic data bases. Jefferson Lab will only evaluate the offeror’s organizational past performance on the basis of the personal past performance if that performance is considered relevant to this effort. Jefferson Lab may also evaluate the organizational past performance of the offeror’s proposed key subcontractors.
(3) Key Personnel. Jefferson Lab will evaluate the offeror’s relevant experience, qualifications and past performance of key management and technical personnel to perform the required work.
Factor 2 –Understanding the Requirement and Approach – Jefferson Lab will evaluate the Offeror’s understanding of the requirements, including conformance to the specifications and schedule based on Offeror’s Technical Proposal, Part B. Any exceptions to Jefferson Lab specifications will be subject to SURA review and approval prior to award.
Factor 3 – Quality Assurance and Quality Control Implementation - Based on Offeror’s Technical Proposal, Part C, Jefferson Lab will evaluate the Offeror’s utilization of the proposed Quality Assurance/Quality Control Manual/Plan to assure quality is considered. Jefferson Lab also will evaluate the organizational independence of the 0fferor’s quality assurance function, as indicated by the identification and reporting structure of the quality assurance supervisor.
B. PRICE AND PRICE RELATED FACTORS
Cost and/or total price will not be numerically scored but will be weighed against the apparent advantages of individual technical proposals to determine if the superior technical proposals, excluding price considerations, are worth the increased price differentials (if any).
III. Source Selection Decision
Subjective judgment on the part of SURA is implicit in the best value evaluation process and the subsequent award decision. To select the winning Offeror, Jefferson Lab will rank the Offerors from best to worst by making a series of paired comparisons among them, trading off the marginal differences in capability and price between the members of each pair. If one member of a pair has both the better capability and the lower price, then that member will be the better value. If one member has the better capability and the higher price, then the source selection authority will decide whether the marginal difference in capability is worth the marginal difference in price. If the source selection authority considers the better capability to be worth the higher price, then the more capable, higher-priced Offeror will be the better value. If not, then the less capable, lower-priced offeror will be the better value. Paired comparisons will be made until the responsible offeror representing the best value is decided.
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