Inspect, Maintain and Repair Cranes and Hoists, Patrick AFB, FL
Combined Synopsis/Solicitation FA2521-18-Q-A005 This is a combined synopsis/solicitation for commercial service prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will NOT be issued. Request For Quote (RFQ) FA2521-18-Q-A005 is a combined synopsis/solicitation for commercial services. This combined synopsis/solicitation is issued as an RFQ in accordance with FAR PART 13. FA2521-18-Q-A005 shall be used to reference any written quote provided under this request for quote. 45 CES/CEOE, Patrick Air Force Base (PAFB), FL requires a contract for the following services; the contractor shall provide all labor, personnel, equipment, tools, material, transportation, supervision, and other items and services necessary to perform inspections, load testing, maintenance, evaluation and certification for all non-mobile/mobile cranes/hoists, bridges and monorails (see Appendices 1, 2, 3, 4, 5 & 6 of the Performance Work Statement (PWS)) at Patrick Air Force Base, FL. All work will be accomplished in accordance with all local, state, and federal laws, base policies, Air Force Instructions, OSHA, ANSI, local, state, and federal regulations and the requirements of the PWS. The wages for this quotation shall be based on the attached U.S. Department of Labor, Employment Standards Administration Wage and Hour Division under Service Contract Labor Standards (SCLS Wage Determination) WD 15-4555 (Rev.-6) dated 11 Jul 18. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-100 effective 22 Aug 2018 2018, DFARS PAC 20180629 effective 29 Jun 2018 and AFFAR AFAC 2018 effective 11 Jul 2018. The North American Industry Classification System (NAICS) Code is 811310 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance and the Small Business Size Standard is $7,500,000. The Government intends to issue a firm fixed price (FFP) contract to the responsible Offeror whose lowest price and technically acceptable quote conforms to the solicitation. The Government will not reimburse any interested parties for monies spent to provide a response to the subsequent solicitation notice. Only technically acceptable offers will be considered. The Government intends to evaluate offers and make award without discussions; however, this does not preclude the Government from having discussions if it is in the best interest of the Government. All interested parties must bid on all contract line items (CLINs) with the exception of Info CLINs x001, x002, x003, x004 and x005. Priced CLINs x005AA and x005AB are prepopulated based on budgeted historical data. PERFORMANCE: This contract will include a base year (12 months) and four (4) 1-year option years; beginning 1 Oct 2019 tough 30 Sep 2023 with the possibility of a 6-month option to extend services period to perform Hoists and Cranes Inspections, Testing and Repair Services. THIS PROCUREMENT IS BEING ISSUED UNDER100% SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB) SET-ASIDE. Award shall be made to the offeror whose quote offers the best value to the Government based on lowest price and technical capability combined. WORKMANSHIP: The contractor shall provide all personnel, equipment, tools, material, transportation, supervision and other items and services necessary to perform inspections, load testing, maintenance, repairs, evaluation and certification for non-mobile/mobile cranes/hoists located at Patrick AFB, FL in accordance with (IAW) all local, state, and federal laws, base policies, Air Force Instructions and the requirements of the Performance Work Statement dated Aug, 2018 (Attachment 1) and the SCLS Wage Determination WD 15-4555 (Rev.-6) dated 11 Jul 18 (Attachment 2). All contractor personnel performing work under this requirement shall hold a current and applicable license or recognized certificate of qualification on non-mobile/mobile cranes and hoists which MUST BE SUBMITTED WITH THE RFQ. Attachment 3, Pricing Worksheets for all six (6) periods of performance. Offeror shall insert proposed unit prices in the Pricing Worksheet (Attachment 3) for the base period (12 Months) and each of the five (5) Option Periods listed below. Pricing Worksheet must be submitted with the offeror's quote. Offeror shall fill in the blanks for the total price for the base year (12 Months) and FYs 20, 21, 22 and 23 (12 Months each) and FY 24 (6 Months) in the table below and submit with the quote: YR TOTAL BASE YR (12 MOS - FY19) $ ________________ OPTION YR 1 (12 MOS - FY20) $ ________________ OPTION YR 2 (12 MOS - FY21) $ ________________ OPTION YR 3 (12 MOS - FY22) $ ________________ OPTION YR 4 (12 MOS - FY23) $ ________________ OPTION YR 5 (6 MOS - FY 24) Priced monthly not to exceed 6 months $ ________________ TOTAL ALL $ ________________ 52.237-1 SITE VISIT (APR 1984) Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event, shall failure to inspect the site constitute grounds for a claim after contract award. A site visit is scheduled for 6 Sep 2018 at 9:00 AM (EST). The meeting point will be North Pass & ID located at the north access Gate off A1A at Patrick AFB, FL 32925. We will travel to various locations as depicted in appendices 1 tough 6 of the PWS. Attendees are urged to arrive at the gate no later than 8:15 A.M. EST, with a departure no later than 8:45 A.M. EST. Each prospective offeror must submit a completed Installation Access List (IAL) request form (Attachment 4) indicating attendees. Limit: two attendees per offeror. Information requested on the form must be completed for each attendee, otherwise base entry may be denied. Submit the completed form to donna.fowler.2@us.af.mil no later than 3 full business days prior to the scheduled site visit. You will need to have a current driver license, vehicle registration and proof of current insurance. GOVERNMENT PRIMARY POINTS OF CONTACT (POC's): Donna Fowler at (321) 494-9944, donna.fowler.2@us.af.mil or Eric T. Harp at (321) 494-7121, eric.harp@us.af.mil. DEADLINES All questions or requests for information (Attachment 5) must be submitted in writing and sent by email correspondence no later than 10 Sep 2018 by 5:00 P.M. Eastern Standard Time (EST). Note: .zip files are not an acceptable format for the Air Force Network and will not go tough our email system. RFQ due date: 14 Sep 2018 RFQ due time: 3:00 P.M. EST Submit questions and quotes to the primary POC (donna.fowler.2@us.af.mil) AND alternate POC (eric.harp@us.af.mil). Please include FA2521-18-Q-A005 in the Subject line of the e-mail *****Notice to Offeror(s) Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.***** OTHER PERTINENT SUBMISSION INFORMATION: Please provide the following information with your quote: Solicitation: FA2521-18-Q-A005 Name of Business:________________________________________ Point-of-contact (POC): ___________________________________ POC e-mail address: ______________________________________ DUNS Number: ________________ Cage Code: _______________ Tax ID Number: _______________________ *Number of Employees________________ *Total Yearly Revenue__________________ *Information required determining size of business for the NAICS referenced above To obtain or renew a DUNS number and/or CAGE code, please visit www.sam.gov/portal/public/SAM/. All companies must be registered in the System for Award Management at https://www.sam.gov/portal/public/SAM/ to be considered for award. The Government will not provide contract financing for this acquisition. Invoice instruction shall be provided at time of award. DELIVERY OF SERVICES ADDRESS: All services will be conducted at various buildings located at Patrick AFB, FL as depicted in the appendices 1 tough 6 of the PWS. Patrick Air Force Base Directives:- Must wear seatbelt at all times. - Must possess valid registration and insurance for all vehicles entering installation. - While on Patrick AFB you are subject to Random Vehicle Inspections. - Do not park in seeded areas (grass). - Adhere to all traffic signs and right-of-way. - Safely move to the side when emergency vehicles are responding with lights and sirens - No cell phone usage while operating a vehicle on Patrick AFB PROVISIONS/CLAUSES: The following Federal Acquisition Regulation (FAR), provisions and clauses apply to this solicitation and are incorporated by reference (provisions and clauses may be obtained via the internet: http://farsite.hill.af.mil): FAR Provision 52.212-1, Instructions to Offerors - Commercial Items (Jan 2017) Class Deviation 2018-O0013 applies to this acquisition and the following addendum applies: For RFQ only: The following words stating "offer", "offeror", and "proposal" are replaced with "quotation", "vendor", and "quote". Paragraph (a) first sentence revised as follows: "The NAICS code and small business size standard for this acquisition appear above." Paragraph (c) first sentence revised as follows: "The offeror agrees to hold the prices in its offer firm until 1 Oct 18." FAR Provision 52.212-2, Evaluation -- Commercial Items (Oct 2014), applies to this acquisition and the following evaluation is applicable: (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: 1) Technical Capability/Evaluation - Technical capability is defined as the ability to fully complete all requirements issued in the PWS. The offeror shall be certified by appropriate federal and state regulatory agencies to meet federal and local certification requirements in the inspection, maintenance and repairs of cranes and hoists. Persons performing under this contract must have participated in a certification within the last 12 months. NOTE: CERTIFICATION(S) IS/ARE REQUIRED TO BE SUBMITTED WITH RFQ.Simply restating the PWS will not qualify as an adequate technical response. Technical evaluation will include an assessment of each offeror's ability to provide required certifications. BASIS OF AWARD: Award will be made to the offeror representing the best value to the Government. Best value consists of the offer meeting the technical capability to perform the services identified within the Performance Work Statement (PWS) at the lowest price. Each Offerors quotation shall provide the following information: (i) Price (ii) Technical Capability Lowest Price, Technically Acceptable (LPTA) Award will be made to the offeror whose price is lowest among all quotations that were deemed to be technically acceptable. Award will be made to the offeror representing the best value to the Government. Best value consists of the Offeror's quotation meeting the technical capability shown within the PWS at the lowest price. Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures in accordance with FAR 13.106. Offeror's submissions will be evaluated based upon the technically acceptable, lowest priced quote to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that is contained in the solicited item description and includes required certifications. If the lowest priced submission does not meet the technical criteria described in the solicited item description, the government reserves the right to evaluate the next lowest priced submissions until it has determined a technically acceptable submission. The evaluation will stop at the point when the government determines an offeror to be technically acceptable with the lowest evaluated price, because that offer will represent the best value. Contingent upon a determination of contractor responsibility, award will be made to that offeror without further evaluation of other offers. Award will be made to the responsible offeror whose quote is the lowest evaluated price among technically acceptable quotes. Discussions: The government intends to award a contract without discussions with respective offerors. The government however, reserves the right to conduct discussions if deemed in its best interest. (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. FAR Provision *52.212-3, Offeror Representations and Certifications -- Commercial Items (NOV 2017), with its Alternate I (Oct 2014), applies to this acquisition and must be completed and sent with the RFQ as a separate document. All offerors must be registered in System For Award Management at https://www.sam.gov/portal/public/SAM/ at the time of Quote submittal. FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (JAN 2017), applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the Government. Note: The vendor acknowledges that should the quote or proposal's terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting vendor terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017). FAR clauses cited in 52.212-5 are indicated by * in the table below. PROVISIONS/CLAUSES: The following Federal Acquisition Regulation (FAR), provisions and clauses apply to this solicitation and are incorporated by reference (provisions and clauses may be obtained via the internet: http://farsite.hill.af.mil): 52.203-3 Gratuities APR 1984 52.203-6 Restrictions on Subcontractor Sales to the Government, Alternate I Oct 1995 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-7 System for Award Management OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-20 Predecessor of Offeror JUL 2016 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities JUL 2018 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation. NOV 2015 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.219-1 Alt I Small Business Program Representation, Alt I OCT 2014 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 *52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-13 Notice of Set-Aside of Orders NOV 2011 52.219-14 Limitations on Subcontracting JAN 2017 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation. JUL 2013 52.222-3 Convict Labor JUN 2003 *52.222-21 Prohibition Of Segregated Facilities APR 2015 *52.222-26 Equal Opportunity SEP 2016 *52.222-35 Equal Opportunity for Veterans OCT 2015 *52.222-36 Affirmative Action For Workers With Disabilities JUL 2014 *52.222-37 Employment Reports on Veterans FEB 2016 *52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 *52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Act - Price Adjustment (Multiple Year And Option) MAY 2014 *52.222-50 Combating Trafficking in Persons MAR 2015 *52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 *52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 *52.224-3 Privacy Training (5 U.S.C. 552a) JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certification OCT 2015 52.232-1 Payments APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7008 Compliance with Safeguarding Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.223-7008 Prohibition of Hexavalent Comium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7006 Wide Area Workflow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 252.243-7002 Requests For Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013 5352.223-9001 Health And Safety On Government Installations. NOV 2012 The following FAR clauses apply to this solicitation and are incorporated by full text: 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) calendar days before the contract expires. (End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) calendar days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of clause) 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage -- Fringe BenefitsWG-5352 Industrial Equipment Mechanic (WG-10, Step 2) $26.08 + 36.25% WG-5803 Heavy Mobile Equipment Mechanic (WG-10, Step 2) $26.08 + 36.25% (End of clause) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil/. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/ (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any DFAR (48 CFR CHAPTER 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) The following Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply to this solicitation and are incorporated in full text: DFARS 252.209-7999, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law - DOD Appropriations (Deviation 2012-O0004) (a) In accordance with section 101 (a) (3) of the Continuing Appropriations Resolution, 2013, (Pub. L. 112-175) none of the funds made available by that Act for general appropriations for DoD may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 252.209-7998, Representation Regarding Conviction of a Felony Criminal Violation under Any Federal or State Law (Deviation 2012-O00007) (Date 2012) (a) In accordance with section 514 of division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under and Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension of debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. The following Air Force Federal Acquisition Regulation Supplement (AFFARS) clauses apply to this solicitation and are incorporated in full text: 252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)(a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause. (b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s). (c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) tough (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly. (e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes." (f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause. (g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause. (h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342. (j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule: On execution of contract $ ________ (month) (day), (year) $ ________ (month) (day), (year) $ ________ (month) (day), (year) $ ________ (End of clause) The following Air Force Federal Acquisition Regulation Supplement (DFARS) clauses apply to this solicitation and are incorporated in full text: 5352.201-9101 OMBUDSMAN (JUN 2016) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman IAW AFFARS 5301.9102 the AFICA Ombudsman supporting AFSPC is AFICA/OL-SPC Director or Deputy Director of Contracting, 150 Vandenberg Street, Peterson AFB CO 80914, (P) 719-554-5300, (F) 719-554-5299, afica.ks.wf@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012) (a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate to obtain a vehicle pass. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. 2. CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS - ADDITIONAL REQUIREMENTS (a) Contractors must have an approved request letter on file at Security Forces with employees name and the required data. (b) Subcontracts: The contractor shall include this Special Contract Requirement in subcontracts of any tier. (c) Unescorted Access to Installations: (1) To request access to Patrick AFB, prior to their proposed business or contract requirements, all contractor personnel shall provide a current completed "45th Security Forces Pass & Registration Badging Request Form". (2) To request access to Cape Canaveral AFS, prior to their proposed business or contract requirements, all contractor personnel shall provide a current completed "CCAFS Badging Request Form". (3) Contractor personnel must complete and sign the applicable form cited above before the required background check (see d. and e. below) can be performed. (d) All personnel entering Patrick AFB and Cape Canaveral AFS must provide two forms of identification (one must be a photo ID) as required by AFI 10-245, and have a background check. (1) For unescorted entry into non-restricted areas of the installations, personnel must obtain, from AF security personnel, favorable National Criminal Information Center (NCIC) check, and have complete social security employment verifications prior to being issued badges (to include temporary passes. (2) Prior to being issued restricted area badges for unescorted entry into restricted areas of the installations, U.S. citizens working as contractor employees must obtain a favorable National Agency Check (NAC). (3) All required information shall be provided to support background checks, and citizenship verification (i.e., birth certificate, passport, voter registration card, resident alien card, or certificate of naturalization). (e) Escorted Access-Temporary Passes: Personnel may receive a temporary pass, Air Force Form 75/Visitor and Vehicle Pass, for no more than 30 total days in one 365 day period. This pass is issued without a criminal background check, but requires a Wants & Warrants check. Persons with temporary passes receive escorted access rights only, i. e.; they must be escorted at all times by an escort official. Escorted personnel must be with their escort official (the escort official must be in plain view) at all times while on the installation. (f) Personnel Background Checks (1) The 45th Security Forces will conduct the background check at no cost to the applicant. Refusal to submit to the background check will result in denial of access. Applicants shall be denied installation access based on an arrest record including, but not limited to the following crimes: (i) Murder (ii) Manslaughter (iii) Rape (iv) Aggravated Assault (v) Burglary (vi) Arson (vii) Other forms of Sexual Assaults (lewd, malicious acts to a child, etc.) (viii) Any other felony (ix) Outstanding warrants (x) Misdemeanor convictions less that 5-year involving moral turpitude offenses (theft, worthless checks, etc.) (xi) FBI Terrorist Watch List (2) Individuals who do not meet the criteria for unescorted base access may still be granted escorted access on a case-by-case basis. The determination will be made based on the results of the background investigation, totality of the criminal record and the types of crime reported. (3) Individuals may appeal denial of escorted/unescorted installation access tough the Security Forces. It shall be the responsibility of the applicant who is denied access to submit supporting documents such as court, police or arrest records, evidence of community involvement, letters of recommendation to the denial authority for reconsideration. (4) For the purposes of this policy, convictions are considered to include the following: Guilty verdicts or a Nolo Contendere plea, disposition of cases resulting in deferred adjudication or pretrial diversion and expunged offenses resulting in convictions of crimes enumerated in subparagraph (e)(1) above. (5) Contractors should allow 14 days for background checks to be finalized. The contractor should provide the required form (see c. above) for each of its personnel to the government 14 days before the contract start date whenever possible. Background checks cannot be performed from only a list of names. (g) The Government will not be held responsible for contractual impacts or delays caused by the contractor's failure to take prompt action in providing the required information and documentation to obtain access to Patrick AFB and Cape Canaveral AFS. (End of clause) FAR Provision 52.212-3, Offeror Representations and Certifications -- Commercial Items (Nov 2017), with its Alternate I (Apr 11), applies to this acquisition and must be completed and sent with the proposal as a separate document. All offerors must be registered in System For Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ at the time of Quote submittal. The full text of these clauses and (*) provisions may be accessed electronically at the website: http://farsite.hill.af.mil. NOTE: ALL PROVISIONS WILL BE REMOVED AT TIME OF AWARD BUT SHALL REMAIN PART OF THE CONTRACT FILE
FA2521-18-Q-A005 Department of the Air Force Space Command
8/29/18, 4:23 PM