Z--NYC Parks/RoW Stump Removal, Flush Cutting and Transportation fot Floyd Bennett Field

Amendment 03 - The scope of work has been revised to include additional services, thus the original Solicitation and Scope of Work issued on 14 January 2013 have been replaced in their entirety. W912DS-13-R-0009 This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The announcement constitutes the only solicitation. Solicitation No. W912DS-13-R-0009 is being issued as a Request For Proposal (RFP) with the intent to award as a commercial acquisition. The solicitation document and incorporated provision and clauses are those in effect through Federal Acquisition Circular 2005-62. This procurement is 100% small business disaster area set-aside restricted to any small businesses that reside or primarily do business in Bronx County, Kings County, Nassau County, New York County, Orange County, Putnam County, Queens County, Richmond County, Rockland County, Suffolk County, Sullivan County, Ulster County and Westchester County, the geographic area included in the FEMA Major Disaster Declaration No. 4085-DR-NY. Proposals will NOT be accepted from firms that reside or primarily do business outside of that geographic area. The NAICS Code for this procurement is 113310 (SIC) with a size standard of 500 Employees. The U.S. Army Corps of Engineers (USACE) New York District has a requirement for the removal of eligible stumps, backfill to void space, and transport to Floyd Benefit Field (FBF), where others will manage the stump reduction and beneficial reuse. Removal of stumps shall occur in designated New York City (NYC) Parks and RoW, on private property through a RoE, or on maintained and improved public property only. This procurement may be quoted as follows: Work Activity Qty Units Unit Rate Subtotal Parks Stump Removal and Transport 331 EA ________ Stumps less than 24 Inches Diameter Parks Stump Removal and Transport 271 EA ________ Stumps 24-36 Inches Diameter Parks Stump Removal and Transport 159 EA ________ Stumps 36-48 Inches Diameter Parks Stump Removal and Transport 38 EA ________ Stumps greater than 48 Inches Diameter Parks Backfill Haul and Placement 5000 CY ________ Estimate an Average of 1 CY/cavity RoW Stump Removal and Transport 1260 EA ________ Stumps less than 24 Inches Diameter RoW Stump Removal and Transport 201 EA ________ Stumps 24-36 Inches Diameter RoW Stump Removal and Transport 55 EA ________ Stumps 36-48 Inches Diameter RoW Stump Removal and Transport 8 EA ________ Stumps greater than 48 Inches Diameter RoW Backfill Haul and Placement 5000 CY ________ Estimate an Average of 1 CY/cavity Total Bid ________________________ SCA Wage Determination 2005-2375 R12 dated 6/13/2012 is effective for this contract. Copies may be obtained at www.wdol.gov. ALL WORK SHALL BE COMPLETED BY April 1, 2013. All quantities are estimates and are not a guarantee. PLEASE SEE THE COMPLETE STATEMENT OF WORK PROVIDED AS AN ATTACHED FILE. GENERAL: The contractor shall provide all necessary equipment, labor, supervision, supplies, materials, instruments, and plant to remove eligible stumps, backfill the void space, and transport to Floyd Bennett Field (FBF), where others will manage the stump reduction and beneficial reuse. All eligible stumps have resulted from Hurricane Sandy and have been determined to pose an immediate threat to life and safety. Removal of stumps shall occur within designated New York City (NYC) Parks and RoW, on private property through a RoE, or on maintained and improved public property only. The work shall be in accordance with contract requirements specified herein and applicable federal, state, and local requirements. Payment and performance bonds are required and must be submitted in accordance with FAR Clause 52.228-16, as stipulated below. Failure to provide bonds in the time required may result in contract termination and award to the next lowest priced technically acceptable offeror. Upon receipt and approval of bonds, a Notice to Proceed will be issued. This Contract will have an estimated period of performance of 60 days, which begins upon issuance of the Notice to Proceed. EVALUATION AND SELECTION PROCEDURES. FAR Clause 52.212-1 Instruction to Offerors-Commercial Items (JUN 2008) applies to this acquisition. All proposals submitted will be evaluated for technical capability. The Government will issue a contract to the offeror whose offer is the lowest priced of those determined to meet at least the minimum requirements for capability to perform. Capability to Perform is defined as meeting the minimum requirements. Management/Operations, Company Experience and Past Performance listed below. The Government intends to award a single fixed price contract as a result of this Solicitation, and intends to award without discussions. The Government reserves the right to hold discussions if it deems them necessary. The Government will issue a contract to the offeror whose offer is the lowest priced technically acceptable offer. Technical Acceptability is defined as meeting the minimum requirements of Management/Operations and Past Performance listed below. The Government intends to award a single fixed price contract as a result of this Solicitation, and intends to award without discussions. The Government reserves the right to hold discussions if it deems them necessary. Evaluation factors for award are described below: Volume 1 - Technical and Past Performance: Section 1 - Technical: Management / Operations - Offerors shall provide sufficient documentation of experienced management, and sufficient number of personnel and equipment to demonstrate that they have the capability to perform the required work within the project schedule. At a minimum, the offeror shall provide a detailed organization chart clearly identifying the key management and site personnel who will be responsible for overall management and performance under the resulting contract. Offerors shall also submit resumes for the Construction Manager, Safety Officer, and Quality Control manager. Resumes will not be counted toward the page limit. Section 2 -Past Performance - In order to be determined to be acceptable, the offeror must demonstrate that its firm has had acceptable performance on contracts of a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills. The lack of past performance information will not be evaluated favorably or unfavorably for this factor provided the prospective offeror certifies that additional past performance information is not available and provides an acceptable explanation as to why additional past performance is not available. Prospective offerors must include with their proposal all information required by the Evaluation and Selection Procedures above, the Disaster or Emergency Area Representation required by FAR 52.226-3 (clause set out in full text below), and completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items to include information listed below with this offer. PROPOSAL SUBMISSION REQUIREMENTS Offerors are required to submit a proposal consisting of the following volumes: a. Volume I-- Technical and Past Performance (Electronic Submission) b. Volume II-- Price (Electronic Submission) Price volume includes price schedule, Representations and Certifications, and Disaster or Emergency Area Representations Technical and Past Performance proposal must not exceed 10 single, standard size (8-1/2 quote mark x 11 quote mark ) pages. The RFP number and date must be apparent on the cover page. A table of contents must be provided. The submission of false or misleading information shall be grounds for disqualification of the proposal. If you are not registered in Systems for Award Management (SAM), an award may not be made to your company; however, you shall initiate registration before the date proposals are due. If at the time of award your organization is not fully registered in SAM, your organization will be removed from consideration. You may register electronically at http://www.sam.gov. Registering electronically will expedite the registration process. Proposals shall be submitted electronically and are due Wednesday, January 23, 2013, not later than 5:00 p.m., local time to Contracting Specialist Bjorn Hale at address contact@example.gov. Failure to submit sufficient information for the Government to evaluate an offerors technical capability may cause that offer to be determined non-responsive and rejected. REQUESTS FOR INFORMATION AND QUESTIONS REGARDING THIS SOLICITATION MUST BE IN WRITING AND SHALL BE EMAILED TO Bjorn Hale at contact@example.gov. PLEASE ENSURE YOUR EMAIL IS MARKED RFI FOR SOLICITATION W912DS-13-R-0009. Deadline for RFIs is Friday, January 22, 2013 @ 12:00 p.m., EST. REPRESENTATIONS & CERTIFICATIONS COMPANY NAME AND ADDRESS: _______________________________________ _______________________________________________________________________ _ _____________________________ PHONE NUMBER ________________ FAX NUMBER ________________ EMAIL ADDRESS ______________________________________________________ BUSINESS SIZE (select one) Large Business _____ Small Business_____ HUBZone Business_____ 8A _____ Veteran Owned _____ Woman Owned _____ Service-Disabled Veteran Owned _____ Contractor is registered with SAM: _____ YES _____ NO INDICATE DUNS NUMBER ___________________ CAGE NO. _________ The following clauses and provisions are incorporated and will remain in full force in any resultant award. The full text of these clauses can be accessed electronically at website: http://www.farsite.hill.af.mil or http://www.acq.osd.mil/dpap/dars/dfarpgi/current/index.html. FAR 52.211-18 -- Variation in Estimated Quantity. If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified. (End of Clause) FAR 52.212-1 Instructions to Offerors Commercial Items; 52.212-2 -- Evaluation -- Commercial Items (with variation for LPTA evaluation). As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation -- Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: i. Technical (consisting of Management/Operationsfactors described above) ii. Past Performance iii. Price (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) FAR 52.212-4 Contract Terms and Conditions-Commercial Items; FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Nov 2012) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). XX(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). XX(6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). XX (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). ___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (11) [Reserved] XX (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. XX(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). XX (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). XX (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (23) 52.219-28, Post Award Small Business Program Representation (Apr 2012) (15 U.S.C. 632(a)(2)). ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). ___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). XX(26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). XX(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). XX (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). XX (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). XX(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XX (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. XX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Nov 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). XX (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). XX (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). XX (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: XX (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jul 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.211-11 -- Liquidated Damages -- Supplies, Services, or Research and Development. Liquidated Damages -- Supplies, Services, or Research and Development (Sept 2000) (a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $2,750.00 per calendar day of delay (b) If the Government terminates this contract in whole or in part under the Default -- Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default -- Fixed-Price Supply and Service clause in this contract. (End of Clause) 52.228-2 -- Additional Bond Security. The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if -- (a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government; (b) Any surety fails to furnish reports on its financial condition as required by the Government; (c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or (d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the ILC. (End of Clause) 52.228-16 -- Performance and Payment Bonds -- Other Than Construction. (a) Definitions. As used in this clause -- quote mark Original contract price quote mark means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award. (b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100 percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to 100 percent of the original contract price. (c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 3 days, but in any event, before starting work. (d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds. (e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the: U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/ . (End of Clause) The following Clauses are also applicable to this acquisition: FAR 52.211-18, Variation in Estimated Quantities; FAR 52.215-5, Facsimile Proposals; FAR 52.232-32, Performance Based Payments; DFARS 252.204-7004 Alternate A Central Contractor Registration; DFARS 252.209-7001; Disclosure of Ownership or Control by the Government of a Terrorist Country; DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items; DFARS 252.232-7010 Levies on Contract Payments. The following clause is provided in full text and is applicable to this acquisition. Note: Prospective offerors must check the appropriate block in the clause 52.226-3(b) Representations. 52.226-3 DISASTER OR EMERGENCY AREA REPRESENTATION (NOV 2007) (a) Set-aside area. The area covered in this contract is Bronx County, Kings County, Nassau County, New York County, Orange County, Putnam County, Queens County, Richmond County, Rockland County, Suffolk County, Sullivan County, Ulster County and Westchester County, the geographic area included in the FEMA Major Disaster Declaration No. 4085-DR-NY. (b) Representations. The offeror represents that it ( ) does ( ) does not reside or primarily do business in the set-aside area. (c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months-- (1) The offeror had its main operating office in the area; and (2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees. (d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides o...