Airfield Management Services
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 in this notice. Quotes are being requested, and a separate written solicitation will not be issued. Solicitation Number: FA8501-19-R-A002. This number is for tracking purposes only. Combined Synopsis/Solicitation Solicitation is issued as a request for quotation (RFQ). Solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2019-01, effective 20 Dec 2018 and DFARS DPN 20180928, effective 26 Oct 2018. This is a Firm-Fixed Price 100% Service Disabled Veteran-owned Small Business Set-Aside. The North American Industry Classification System (NAICS) code for this solicitation is 488119. The Size Standard is $32,000,000.00 This is mission essential contract and the contractor shall provide qualified personnel, to provide 24-hour Airfield Management Operations for Robins AFB, GA. This shall be IAW the PWS dated 25 Jan 2019. The Airfield Management Operations (AMOPS) section is primarily responsible for coordinating airfield activities that affect flying operations such as airfield construction and repair projects, apron, taxiway and runway closures, quiet hours, and snow and ice removal at Robins AFB. AMOPS is a mission-essential service requirement that also provides flight-planning guidance to base and transient aircrews, creates and disseminates Notice to Airman (NOT AM), and acts as activation authority for the Secondary Crash Net (SCN) ensuring dissemination of critical comprehensive guidance for emergency response to physical teats resulting from major accidents, natural disasters, conventional attacks, terrorist attack, and CBRN attacks on the airfield. Additionally, AMOPS maintains the Airfield Status; determining Runway Surface Conditions (RSC), Bird Watch Conditions (BWC) and Active Runway. AMOPS must maintain an Emergency Response Vehicle dedicated to Airfield Management for airfield responses such as In Flight Emergencies (IFEs), aircraft mishaps, airfield inspections/checks, airfield construction and Bird Aircraft Strike Hazard (BASH) responses. Please price CLINS 0001 tough 5004 for the Airfield Management base period period plus four (4) option periods. Please include CDRL A001 and A002 in the base year period. All CDRL CLINS shall be Not Separately Priced (NSP). Provision 52.212-1 Instructions to Offerors (ITO)- Commercial Items, is included and tailored to describe the instructions for proposing in an addendum. Provision 52.212-2, Evaluation -- Commercial Items, is included and tailored to describe the evaluation procedures to be used in an addendum. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with their proposal. Provision 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. Provision 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Additional contract requirement(s) or terms and conditions are identified within the document in reference and full text. Offers are due 12 Apr 2019 at 2:00PM Eastern Standard Time If you have any questions, please email M. JaLynn Hudnall (melony.hudnall.1@us.af.mil ) or Russ Odom (william.odom@us.af.mil ) Industry Day - Pre Bid/Proposal Conference FOR AIRFIELD MANAGEMENT RFP Robins AFB will be holding an Industry Day - Pre Bid/Proposal Conference for those contractors planning on proposing on the Airfield Management Services contract. 1. All contractors planning on attending the 13 Mar 2019 site visit for the Airfield Management RFP at Robins AFB, GA must have responded via email, to M. JaLynn Hudnall or Russ Odom, NLT 6 Mar 2019, 5:00PM EST. No additional attendees will be allowed to attend the site visit after that time. 2. NO CAMERAS OR CELL PHONES WILL BE ALLOWED ON THE SITE VISIT. While on the site visit, if a contractor is found using a cell phone, he or she will be IMMEDIATELY escorted back to their vehicle. 3. Because of the anticipated large response, no more than 2 people per offeror/contractor will be allowed to attend the site visit. 4. All contractors attending the site visit must meet at the Robins AFB Museum of Aviation where they will board a Government vehicle and be transported to the AMOPS facility. All contractors must be ready to leave for the site visit NLT 10:00AM EST. The bus will depart from the Museum and go to Bldg 110 and the flight line, where the interested parties will be shown their prospective work area. The site visit is expected to last two hours or from 10:00 to 12:00 EST. After the site visit, all contractors will be taken back to the Museum of Aviation. 5. If you have any questions, please email M. JaLynn Hudnall (melony.hudnall.1@us.af.mil ) or Russ Odom (william.odom@us.af.mil). Item Supplies/Service Qty Unit Unit Price Amount 0001 Airfield Mgt Oper Mgr (AMOM) FFP The contractor shall provide an Airfield Management Operations Manager (AMOM) in accordance with paragraph 1.1.1 and 1.4 of the Performance Work Statement, dated 25 Jan 2019. PERIOD OF PERFORMANCE: 1 JUNE 2019 THROUGH 31 MAY 2020 FOB: Destination PURCHASE REQUEST NUMBER: F3Q0AC8311A001 SIGNAL CODE: A Product Service Code: J099 Firm Fixed Price CIN: F3Q0AC8311A0010000AA Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet 0002 Airfield Management-Shift 1(day shift) FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 1(day shift)- 0650 to 1500 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2019 THROUGH 31 MAY 2020 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet 0003 Airfield Management-Shift 2(swing shift) FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3- Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 2 (swing shift)-1450 to 2300 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2019 THROUGH 31 MAY 2020 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet 0004 Airfield Managment-Shift 3 (mid shift) FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, -2250 to 0700 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2019 THROUGH 31 MAY 2020 Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet 0005 DATA (Exhibit A) Firm Fixed Price 0005AA DATA FFP Data in accordance with attached DD Form 1423: A001-Mission Essential Plan. FOB: Destination PURCHASE REQUEST NUMBER: F3Q0AC8311A001 SIGNAL CODE: A 1.0 Lot Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet 0005AB DATA FFP Data in accordance with attached DD Form 1423: A002- Environmental Health and Safety Plan. FOB: Destination PURCHASE REQUEST NUMBER: F3Q0AC8311A001 SIGNAL CODE: A 1.0 Lot Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 1001 Airfield Mgt Oper Mgr (AMOM) OPTION PERIOD 1 FFP The contractor shall provide an Airfield Management Operations Manager (AMOM) in accordance with paragraph 1.1.1 of the Performance Work Statement, dated 25 Jan 2019. PERIOD OF PERFORMANCE: 1 JUNE 2020 THROUGH 31 MAY 2021 FOB: Destination PURCHASE REQUEST NUMBER: F3Q0AC8311A001 SIGNAL CODE: A Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 1002 Airfield Management-Shift 1(day shift) OPTION PERIOD 1 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 1(day shift)- 0650 to 1500 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2020 THROUGH 31 MAY 2021 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 1003 Airfield Management-Shift 2 (swing shift) OPTION PERIOD 1 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 2 (swing shift)-1450 to 2300 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2020 THROUGH 31 MAY 2021 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 1004 Airfield Managment-Shift 3 (mid shift) OPTION PERIOD 1 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, 2250 to 0700 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2020 THROUGH 31 MAY 2021 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 2001 Airfield Mgt Oper Mgr (AMOM) OPTION PERIOD 2 FFP The contractor shall provide an Airfield Management Operations Manager (AMOM) in accordance with paragraph 1.1.1 of the Performance Work Statement, dated 25 Jan 2019. PERIOD OF PERFORMANCE: 1 JUNE 2021 THROUGH 31 MAY 2022 FOB: Destination PURCHASE REQUEST NUMBER: F3Q0AC8311A001 SIGNAL CODE: A Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 2002 Airfield Management-Shift 1(day shift) OPTION PERIOD 2 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 1(day shift)- 0650 to 1500 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2021 THROUGH 31 MAY 2022 Fixed Price Level of Effort Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 2003 Airfield Management-Shift 2(swing shift) OPTION PERIOD 2 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 2 (swing shift)-1450 to 2300 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2021 THROUGH 31 MAY 2022 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 2004 Airfield Managment-Shift 3 (mid shift) OPTION PERIOD 2 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, 2250 to 0700 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2021 THROUGH 31 MAY 2022 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 3001 Airfield Mgt Oper Mgr (AMOM) OPTION PERIOD 3 FFP The contractor shall provide an Airfield Management Operations Manager (AMOM) in accordance with paragraph 1.1.1 of the Performance Work Statement, dated 25 Jan 2019. PERIOD OF PERFORMANCE: 1 JUNE 2022 THROUGH 31 MAY 2023 FOB: Destination PURCHASE REQUEST NUMBER: F3Q0AC8311A001 SIGNAL CODE: A Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 3002 Airfield Management-Shift 1(day shift) OPTION PERIOD 3 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 1(day shift)- 0650 to 1500 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2022 THROUGH 31 MAY 2023 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 3003 Airfield Management-Shift 2(swing shift) OPTION PERIOD 3 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 2 (swing shift)-1450 to 2300 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2022 THROUGH 31 MAY 2023 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 3004 Airfield Managment-Shift 3 (mid shift) OPTION PERIOD 3 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, 2250 to 0700 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2022 THROUGH 31 MAY 2023 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 4001 Airfield Mgt Oper Mgr (AMOM) OPTION PERIOD 4 FFP The contractor shall provide an Airfield Management Operations Manager (AMOM) in accordance with paragraph 1.1.1 of the Performance Work Statement, dated 25 Jan 2019. PERIOD OF PERFORMANCE: 1 JUNE 2023 THROUGH 31 MAY 2024 FOB: Destination PURCHASE REQUEST NUMBER: F3Q0AC8311A001 SIGNAL CODE: A Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 4002 Airfield Management-Shift 1(day shift) OPTION PERIOD 4 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 1(day shift)- 0650 to 1500 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2023 THROUGH 31 MAY 2024 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 4003 Airfield Management-Shift 2(swing shift) OPTION PERIOD 4 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 2 (swing shift)-1450 to 2300 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2023 THROUGH 31 MAY 2024 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 4004 Airfield Managment-Shift 3 (mid shift) OPTION PERIOD 4 FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, 2250 to 0700 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2023 THROUGH 31 MAY 2024 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 5001 6-month Option Airfield Mgt Oper Mgr (AMOM) FFP The contractor shall provide an Airfield Management Operations Manager (AMOM) in accordance with paragraph 1.1.1 of the Performance Work Statement, dated 25 Jan 2019. PERIOD OF PERFORMANCE: 1 JUNE 2024 THROUGH 31 Dec 2024 FOB: Destination PURCHASE REQUEST NUMBER: F3Q0AC8311A001 SIGNAL CODE: A Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 5002 6-Month Option Airfield Management- Shift 1(day shift) FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 1(day shift)- 0650 to 1500 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2024 THROUGH 31 DEC 2024 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 5003 6-Month Option Airfield Management- Shift 2(swing shift) FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, specifically Shift 2 (swing shift)-1450 to 2300 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2024 THROUGH 31 DEC 2024 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Option Line Item 5004 6-Month Option Airfield Managment- Shift 3 (mid shift) FFP The Contractor shall provide all personnel, vehicles, fuel, office supply materials, and other items (except as specified in Section 3-Govt Furnished Property & Services of the PWS) or services necessary to perform Airfield Management Services at Robins AFB, GA, 2250 to 0700 s (see PWS para 1.3.3.1), in accordance with the Performance Work Statement (PWS) attached. NOTE: The contractor warrants that the prices proposed in this solicitation (and resulting contract) do not include any allowance for any contingency to cover increased costs covered by a wage adjustment IAW the Collective Bargaining Agreement (CBA) attached, and FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts). PERIOD OF PERFORMANCE: 1 JUNE 2024 THROUGH 31 DEC 2024 Firm Fixed Price Use Attachment 5, Pricing Spreadsheet Use Attachment 5, Pricing Spreadsheet Description/Specifications/Statement of Work Requirements Contract to provide all personnel, equipment, material, supervision, and other items or services necessary to perform Airfield Management Services (AMS) at Robins AFB, Georgia. See Performance Work Statement dated 25 Jan 2019. Packaging and Marking N/A Inspection andAcceptance N/A Deliveries and Performance CLIN # Period of Performance Ship To Address/Place of Perfomance 0001 01 JUN 2019 to 31 MAY 2020 Robins AFB 0002 01 JUN 2019 to 31 MAY 2020 Robins AFB 0003 01 JUN 2019 to 31 MAY 2020 Robins AFB 0004 01 JUN 2019 to 31 MAY 2020 Robins AFB 0005 0005AA Contractor Other 0005AB Contractor Other Option 1001 01 JUN 2020 to 31 MAY 2021 Robins AFB Option 1002 01 JUN 2020 to 31 MAY 2021 Robins AFB Option 1003 01 JUN 2020 to 31 MAY 2021 Robins AFB Option 1004 01 JUN 2020 to 31 MAY 2021 Robins AFB Option 2001 01 JUN 2021 to 31 MAY 2022 Robins AFB Option 2002 01 JUN 2021 to 31 MAY 2022 Robins AFB Option 2003 01 JUN 2021 to 31 MAY 2022 Robins AFB Option 2004 01 JUN 2021 to 31 MAY 2022 Robins AFB Option 3001 01 JUN 2022 to 31 MAY 2023 Robins AFB Option 3002 01 JUN 2022 to 31 MAY 2023 Robins AFB Option 3003 01 JUN 2022 to 31 MAY 2023 Robins AFB Option 3004 01 JUN 2022 to 31 MAY 2023 Robins AFB Option 4001 01 JUN 2023 to 31 MAY 2024 Robins AFB Option 4002 01 JUN 2023 to 31 MAY 2024 Robins AFB Option 4003 01 JUN 2023 to 31 MAY 2024 Robins AFB Option 4004 01 JUN 2023 to 31 MAY 2024 Robins AFB Option 5001 01 JUN 2024 to 31 DEC 2024 Robins AFB Option 5002 01 JUN 2024 to 31 DEC 2024 Robins AFB Option 5003 01 JUN 2024 to 31 DEC 2024 Robins AFB Option 5004 01 JUN 2024 to 31 DEC 2024 Robins AFB FAR Clauses Incorporated by Reference Number Title Effective Date 52.203-3 Gratuities 1984-04 52.203-5 Covenant Against Contingent Fees 2014-05 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 2014-05 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 2010-10 52.203-16 Preventing Personal Conflicts of Interest 2017-01 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation 2011-12 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 2017-01 52.204-7 System for Award Management 2018-10 52.204-9 Personal Identity Verification of Contractor Personnel 2011-05 52.204-22 Alternative Line Item Proposal 2017-01 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters 2013-07 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 2015-11 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 2016-02 52.215-8 Order of Precedence-Uniform Contract Format 1997-10 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data- Modifications 2011-08 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions 2005-07 52.215-22 Limitations on Pass-Tough Charges-Identification of Subcontract Effort 2009-10 52.219-6 Notice of Total Small Business Set-Aside 2011-11 52.219-14 Limitations on Subcontracting 2017-01 52.219-16 Liquidated Damages-Subcontracting Plan 1999-01 52.223-5 Pollution Prevention and Right to Know Information 2011-05 52.232.25 Prompt Payment 2017-01 52.227-1 Authorization and Consent. 2007-12 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 2007-12 52.228-5 Insurance-Work on a Government Installation 1997-01 52.229-3 Federal, State, and Local Taxes 2013-02 52.232-23 Alternate I Assignment of Claims. - (Alternate I) 1984-04 52.232-33 Payment by Electronic Funds Transfer-System for Award Management 2018-10 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 2013-12 52.233-1 Disputes 2014-05 52.233-3 Protest after Award 1996-08 52.233-4 Applicable Law for Breach of Contract Claim 2004-10 52.237-1 Site Visit 1984-04 52.237-3 Continuity of Services 1991-01 52.242-13 Bankruptcy 1995-07 52.243-1 Changes-Fixed-Price 1987-08 52.246-25 Limitation of Liability-Services 1997-02 52.247-5 Familiarization with Conditions 1984-04 52.247-6 Financial Statement 1984-04 52.247-14 Contractor Responsibility for Receipt of Shipment 1984-04 52.247-15 Contractor Responsibility for Loading and Unloading 1984-04 52.247-16 Contractor Responsibility for Returning Undelivered Freight 1984-04 52.247-17 Charges 1984-04 52.247-21 Contractor Liability for Personal Injury and/or Property Damage 1984-04 52.247-27 Contract Not Affected by Oral Agreement 1984-04 52.247-28 Contractor's Invoices 1984-04 52.248-1 Value Engineering 2010-10 52.249-2 Termination for Convenience of the Government (Fixed-Price) 2012-04 52.249-8 Default (Fixed-Price Supply and Service) 1984-04 52.253-1 Computer Generated Forms 1991-01 FAR Clauses Incorporated by Full Text 52.209-7 Information Regarding Responsibility Matters. 2013-07 As prescribed at 9.104-7(b), insert the following provision: Information Regarding Responsibility Matters (Jul 2013) (a) Definitions. As used in this provision- Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. Federal contracts and grants with total value greater than $10,000,000 means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked has in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) tough (c)(1)(iv) of this provision in FAPIIS as required tough maintaining an active registration in the System for Award Management database via https:// www.acquisition.gov (see 52.204-7). (End of provision) 52.212-1 Instructions to Offerors-Commercial Items. 2018-08 As prescribed in 12.301(b)(1), insert the following provision: Instructions to Offerors-Commercial Items (Aug 2018) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet ( SF 1449 ). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449 , letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449 , include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, as specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 2:00 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted tough an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without interchanges with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government 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 not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (https://assist.dla.mil/online/start/). (ii) Quick Search (http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http:// assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and tough final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed tough https://www.acquisition.gov. (l) Debriefing. If a post- award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of provision) 52.212-3 Offeror Representations and Certifications-Commercial Items. 2018-08 As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications-Commercial Items (Aug 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (u) of this provision. (a) Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b) (3)). Service-disabled veteran-owned small business concern- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service- disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service- disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). Small business concern means a concern, including its affiliates,that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. Subsidiary means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Tough another subsidiary of a parent corporation. Veteran-owned small business concern means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often tough acquisition or merger). The term successor does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. Women- owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. Women-owned small business concern means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed tough http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . [Offeror to identify the applicable paragraphs at (c) tough (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it [_] is, [_] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is,[_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition teshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It [_] has, [_] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end product. The terms commercially available off-the-shelf (COTS) item component, domestic end product, end product, foreign end product, and United States are defined in the clause of this solicitation entitled Buy American-Supplies. (2) Foreign End Products: | Line Item No. || Country of Origin || || || || || || | [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms Baainian, Moroccan, Omani, Panamanian, or Peruvian end product, commercially available off-the-shelf (COTS) item, component, domestic end product, end product, foreign end product, Free Trade Agreement country, Free Trade Agreement country end product, Israeli end product, and United States are defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act. (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act: Free Trade Agreement Country End Products (Other than Baainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: [List as necessary] Line Item No. Country of Origin (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1) of this provision) as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act. The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end product. [List as necessary] Other Foreign End Products: Line Item No. Country of Origin (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act: [List as necessary] Canadian End Products: Line Item No. (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled Buy American- Free Trade Agreements-Israeli Trade Act: Canadian or Israeli End Products: [List as necessary] Line Item No. Country of Origin (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act: Free Trade Agreement Country End Products (Other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: [List as necessary] Line Item No. Country of Origin (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled Trade Agreements. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: [List as necessary] Line Item No. Country of Origin (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition teshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a tee-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a tee-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. ?6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. ?6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. ?6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. ?362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i) (2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i) (1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i)The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [_](2) Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) tough (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [_] TIN: . [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other . (5) Common parent. [_] Offeror is not owned or controlled by a common parent; [_] Name and TIN of common parent: Name . TIN . (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It [_] is, [_] is not an inverted domestic corporation; and (ii) It [_] is, [_] is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1) The Offeror represents that it [_] has or [_] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates has in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: . Immediate owner legal name: . (Do not use a doing business as name) Is the immediate owner owned or controlled by another entity: [_] Yes or [_] No. (3) If the Offeror indicates yes in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: . Highest-level owner legal name: . (Do not use a doing business as name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) 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- (i) 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 (ii) 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. (2) The Offeror represents that- (i) 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 (ii) It is [_] is not [_] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [_] is or [_] is not a successor to a predecessor that held a Federal contract or grant within the last tee years. (2) If the Offeror has indicated is in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last tee years (if more than one predecessor, list in reverse conological order): Predecessor CAGE code: (or mark Unknown) Predecessor legal name: (Do not use a doing business as name) (s) [Reserved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or tough its immediate owner or highest-level owner) [_] does, [_] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or tough its immediate owner or highest-level owner) [_] does, [_] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked does in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: . (u) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). 52.212-3 Alternate I Offeror Representations and Certifications-Commercial Items. 2014-10 As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications-Commercial Items (Aug 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (u) of this provision. (a)Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b) (3)). Service-disabled veteran-owned small business concern- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service- disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. Service- disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). Small business concern means a concern, including its affiliates,that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. Subsidiary means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Tough another subsidiary of a parent corporation. Veteran-owned small business concern means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often tough acquisition or merger). The term successor does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. Women-owned small business concern means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed tough http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . [Offeror to identify the applicable paragraphs at (c) tough (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it [_] is, [_] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is,[_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition teshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It [_] has, [_] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end product. The terms commercially available off-the-shelf (COTS) item component, domestic end product, end product, foreign end product, and United States are defined in the clause of this solicitation entitled Buy American-Supplies. [List as necessary] (2) Foreign End Products: Line Item No. Country of Origin (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms Baainian, Moroccan, Omani, Panamanian, or Peruvian end product, commercially available off-the-shelf (COTS) item, component, domestic end product, end product, foreign end product, Free Trade Agreement country, Free Trade Agreement country end product, Israeli end product, and United States are defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act. (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act: Free Trade Agreement Country End Products (Other than Baainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: [List as necessary] Line Item No. Country of Origin (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1) of this provision) as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act. The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end product. Other Foreign End Products: [List as necessary] Line Item No. Country of Origin (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act: Canadian End Products: [List as necessary] Line Item No. (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act: Canadian or Israeli End Products: [List as necessary] Line Item No. Country of Origin (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act: Free Trade Agreement Country End Products (Other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: [List as necessary] Line Item No. Country of Origin (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled Trade Agreements. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: [List as necessary] Line Item No. Country of Origin (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition teshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a tee-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a tee-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. ?6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. ?6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. ?6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. ?362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i) (2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i) (1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [_] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i)The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [_] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i)The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) tough (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [_] TIN: . [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other . (5) Common parent. [_] Offeror is not owned or controlled by a common parent; [_] Name and TIN of common parent: Name . TIN . (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It [_] is, [_] is not an inverted domestic corporation; and (ii) It [_] is, [_] is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1) The Offeror represents that it [_] has or [_] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates has in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: . Immediate owner legal name: . (Do not use a doing business as name) Is the immediate owner owned or controlled by another entity: [_] Yes or [_] No. (3) If the Offeror indicates yes in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: . Highest-level owner legal name: . (Do not use a doing business as name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) 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- (i) 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 (ii) 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. (2) The Offeror represents that- (i) 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 (ii) It is [_] is not [_] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [_] is or [_] is not a successor to a predecessor that held a Federal contract or grant within the last tee years. (2) If the Offeror has indicated is in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last tee years (if more than one predecessor, list in reverse conological order): Predecessor CAGE code: (or mark Unknown) Predecessor legal name: (Do not use a doing business as name) (s) [Reserved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or tough its immediate owner or highest-level owner) [_] does, [_] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or tough its immediate owner or highest-level owner) [_] does, [_] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked does in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: . (u) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) Black American. Hispanic American. Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). Asian- Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). Individual/concern, other than one of the preceding. 52.212-4 Contract Terms and Conditions-Commercial Items. 2017-01 As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions-Commercial Items (Jan 2017) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of Non-conforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and tee copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and itsofficers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and tough final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed tough https://www.acquisition.gov. (u) Unauthorized Obligations (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked tough an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Items. 2018-08 As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (Aug 2018) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). N/A (5) [Reserved]. X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). N/A (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X _(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). X _(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). N/A_(10) [Reserved]. N/A _(11) N/A (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). N/A (ii) Alternate I (Nov 2011) of 52.219-3. N/A (12) N/A_ (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). N/A_ (ii) Alternate I (Jan 2011) of 52.219-4. N/A_ (13) [Reserved] X__ (14) N/A (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). N/A (ii) Alternate I (Nov 2011). N/A (iii) Alternate II (Nov 2011). N/A (15) N/A (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). N/A (ii) Alternate I (Oct 1995) of 52.219-7. _N/A_ (iii) Alternate II (Mar 2004) of 52.219-7. N/A (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). N/A (17) N/A (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)). N/A_ (ii) Alternate I (Nov 2016) of 52.219-9. N/A_ (iii) Alternate II (Nov 2016) of 52.219-9. N/A_ (iv) Alternate III(Nov 2016) of 52.219-9. N/A_ (v) Alternate IV (Aug 2018) of 52.219-9. N/A_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). X_ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). N/A_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). N/A (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). N/A (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns(Dec 2015) (15 U.S.C. 637(m)). N/A (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women- Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C.637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X_(28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (ii) Alternate I (Feb 1999) of 52.222-26. N/A (29) N/A (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). N/A (ii) Alternate I (July 2014) of 52.222-35. N/A (30) N/A (i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). N/A (ii) Alternate I (July 2014) of 52.222-36. X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.) N/A (35) N/A (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.) N/A (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.) N/A (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). N/A (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). N/A_ (38) N/A (i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). N/A (ii) Alternate I (Oct 2015) of 52.223-13. N/A (39) N/A (i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). X (ii) Alternate I (Jun 2014) of 52.223-14. N/A (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)(42 U.S.C. 8259b X (41) N/A (i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (Oct 2015)(E.O.s 13423 and 13514). X (ii) Alternate I (Jun 2014) of 52.223-16. X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). N/A (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). N/A (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). X (45) (i) 52.224-3, Privacy Training (JAN 2017)(5 U.S.C. 552a). N/A (ii) Alternate I (JAN 2017) of 52.224-3. N/A (46) 52.225-1, Buy American-Supplies (May 2014)(41 U.S.C. chapter 83). N/A (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (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. 103-182,108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. N/A (ii) Alternate (May 201I 4) of 52.225-3. N/A_ (iii) Alternate II (May 2014) of 52.225-3. N/A (iv) Alternate III (May 2014) of 52.225-3. N/A (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). N/A (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). N/A (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). N/A (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). N/A (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). N/A (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41U.S.C. 4505, 10 U.S.C. 2307(f)). N/A (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). N/A (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). N/A (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). N/A (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). X (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). N/A (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)). N/A (60) (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). N/A (ii) Alternate I (Apr 2003) of 52.247-64. N/A (iii) Alternate II (Feb 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). X (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). N/A (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). N/A (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). N/A (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). N/A (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 teshold, 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 in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii) (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O.2989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 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. 52.216-1 Type of Contract. 1984-04 As prescribed in 16.105 , complete and insert the following provision: Type of Contract (Apr 1984) The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation. (End of provision) 52.217-8 Option to Extend Services. 1999-11 As prescribed in 17.208(f), insert a clause substantially the same as the following: Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of clause) 52.217-9 Option to Extend the Term of the Contract. 2000-03 As prescribed in 17.208(g), insert a clause substantially the same as the following: 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 3_0_days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days. 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 _5_ (years). (End of clause) 52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07 As prescribed in 19.309(c), insert the following clause: Post-Award Small Business Program Rerepresentation (Jul 2013) (a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. 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 (c) of this clause. Such a concern is not dominant in its field of operation when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/ table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [_] is, [_] is not a small business concern under NAICS Code 488119 assigned to contract number TBD . [Contractor to sign and date and insert authorized signer's name and title]. (End of clause) 52.222-26 Equal Opportunity. 2016-09 As prescribed in 22.810(e), insert the following clause: Equal Opportunity (Sept 2016) (a)Definition. As used in this clause. "Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement. "Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation. "Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if- (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information. "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. "Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. "United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) (1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to- (i) Employment; (ii) Upgrading; (iii) Demotion; (iv) Transfer; (v) Recruitment or recruitment advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (5) (i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by- (A) Incorporation into existing employee manuals or handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bar-gaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is teatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1. 52.222-35 Equal Opportunity for Veterans. 2015-10 As prescribed in 22.1310(a)(1), insert the following clause: Equal Opportunity for Veterans (Oct 2015) (a) Definitions. As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. 52.222-42 Statement of Equivalent Rates for Federal Hires. 2014-05 As prescribed in 22.1006(b), insert the following clause: 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 Benefits Attachment 3 See CBA Attachment 6 (End of clause) 52.232-1 Payments. 1984-04 As prescribed in 32.111(a)(1), insert the following clause, appropriately modified with respect to payment due date in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated: Payments (Apr 1984) The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if- (a) The amount due on the deliveries warrants it; or (b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50percent of the total contract price. (End of clause) 52.232-8 Discounts for Prompt Payment. 2002-02 As prescribed in 32.111(b)(1), insert the following clause: Discounts for Prompt Payment (Feb 2002) (a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices. (b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day. (End of clause) 52.232-9 Limitation on Withholding of Payments. 1984-04 As prescribed in 32.111(b)(2), insert a clause substantially as follows, appropriately modified with respect to payment due dates in accordance with agency regulations, in solicitations and contracts when a supply contract, service contract, time- and-materials contract, labor-hour contract, or research and development contract is contemplated that includes two or more terms authorizing the temporary withholding of amounts otherwise payable to the contractor for supplies delivered or services performed: Limitation on Withholding of Payments (Apr 1984) If more than one clause or Schedule term of this contract authorizes the temporary withholding of amounts otherwise payable to the Contractor for supplies delivered or services performed, the total of the amounts withheld at any one time shall not exceed the greatest amount that may be withheld under any one clause or Schedule term at that time; provided, that this limitation shall not apply to- (a) Withholdings pursuant to any clause relating to wages or hours of employees; (b) Withholdings not specifically provided for by this contract; (c) The recovery of overpayments; and (d) Any other withholding for which the Contracting Officer determines that this limitation is inappropriate. (End of clause) 52.232-19 Availability of Funds for the Next Fiscal Year. 1984-04 As prescribed in 32.706-1(b), insert the following clause: Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond TBD. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyon TBD, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) 52.233-2 Service of Protest. 2006-09 As prescribed in 33.106, insert the following provision: Service of Protest (Sept 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from PZIOB. (b) The copy of any protest shall be received in the office designated above within oneday of filing a protest with the GAO. (End of provision) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. 52.252-1 Solicitation Provisions Incorporated by Reference. 1998-02 As prescribed in 52.107(a), insert the following provision: 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/these address(es): [http://farsite.hill.af.mil/] (End of provision) DFARS CLAUSES INFORPORATED BY REFERENCE Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1998-06 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract- Related Felonies 2008-12 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 2013-09 252.203-7003 Agency Office of the Inspector General 2012-12 252.203-7005 Representation Relating to Compensation of Former DoD Officials 2011-11 252.204-7006 Billing Instructions 2005-10 252.204-7003 Control of Government Personnel Work Product 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 2016-10 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the 2015-10 252.219-7011 Notification to Delay Performance 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials 2014-09 252.223-7008 Prohibition of Hexavalent Comium 2013-06 252.225-7001 Buy American and Balance of Payments Program. Qualifying Country Sources as Subcontractors 2017-12 252.225-7002 Acquisition of the American Flag 2017-12 252.225-7006 Preference for Certain Domestic Commodities 2015-08 252.225-7012 Prohibition of Hexavalent Comium. 2017-12 252.225-7031 Secondary Arab Boycott of Israel 2005-06 252.225-7048 Export-Controlled Items 2013-06 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism 2018-01 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns 2004-09 252.232-7010 Levies on Contract Payments 2006-12 252.232-7011 Payments in Support of Emergencies and Contingency Operations 2013-05 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 2013-06 252.239-7001 Information Assurance Contractor Training and Certification 2008-01 252.243-7001 Pricing of Contract Modifications 1991-12 252.243-7002 Requests for Equitable Adjustment 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 DFARS Clauses Incorporated by Full Text 252.201-7000 Contracting Officer's Representative. (DEC 1991) (a) Definition. "Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions. (b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract. 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov ; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests tough WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). COMBO (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer FOB DESTINATION (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC FA8501 Issue By DoDAAC FA8501 Admin DoDAAC FA8501 Inspect By DoDAAC N/A Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) F3Q0AC Service Acceptor (DoDAAC) F3QCDC Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the Send Additional Email Notifications field of WAWF once a document is submitted in the system. Primary WAWF POC: BILLY MESSER 926-6570 billy.messer.2@us.af.mil Alternate WAWF POC: AMOS SALISBURY 926-6568 amos.salisbury.1@us.af.mil (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact. Debra.dennard@us.af.mil (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) 252.232-7006 Wide Area WorkFlow Payment Instructions. 2013-05 As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.237-7023 Continuation of Essential Contractor Services. 2010-10 As prescribed in 237.7603(a), use the following clause: CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010) (a) Definitions. As used in this clause (1) Essential contractor service means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent. (2) Mission-essential functions means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control. (b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission essential functions. These services are listed in attachment 1 , Mission-Essential Contractor Services, dated 25 Jan 2019 . (c) (1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract. (2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval. (3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices. (d) (1) Notwithstanding any other clause of this contract, the contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission- Essential Contractor Services Plan. (2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this section during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government's efforts to maintain the continuity of operations. (e) The Government reserves the right in such crisis situations to use Federal employees, military personnel or contract support from other contractors, or to enter into new contracts for essential contractor services. (f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor's notice shall include the Contractor's proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor's proposal. (g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services. (End of clause) 252.237-7024 Notice of Continuation of Essential Contractor Services. 2010-10 As prescribed in 237.7603(b), use the following provision: NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010) (a) Definitions. Essential contractor serviceand mission-essential functions have the meanings given in the clause at 252.237-7023, Continuation of Essential Contractor Services, in this solicitation. (b) The offeror shall provide with its offer a written plan describing how it will continue to perform the essential contractor services listed in attachment 1, Mission Essential Contractor Services, dated 25 Jan 2019 , during periods of crisis. The offeror shall- (1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed; (2) Address in the plan, at a minimum- (i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves; (ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site; (iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home; (iv) Any established alert and notification procedures for mobilizing identified essential contractor service personnel; and (v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis. (End of clause) 252.239-7002 Access. 1991-12 As prescribed in 239.7411(a), use the following clause: ACCESS (DEC 1991) (a) Subject to military security regulations, the Government shall permit the Contractor access at all reasonable times to Contractor furnished facilities. However, if the Government is unable to permit access, the Government at its own risk and expense shall maintain these facilities and the Contractor shall not be responsible for the service involving any of these facilities during the period of nonaccess, unless the service failure results from the Contractor's fault or negligence. (b) During periods when the Government does not permit Contractor access, the Government will reimburse the Contractor at mutually acceptable rates for the loss of or damage to the equipment due to the fault or negligence of the Government. Failure to agree shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract. (End of clause) AFFARS Clauses Incorporated by Reference NUMBER TITLE EFFECTIVE DATE 5352.223-9001 Health and Safety on Government Installations 11/1/2012 AFFARS Clauses Incorporated by Full Text 5352.201-9101 Ombudsman 6/1/2016 "(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. 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). If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Tim R. Inman AFSC/PK Phone: 478-222-4097; email: timothy.inman@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Robins 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. The ombudsman has no authority to render a decision that binds the agency. 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." 5352.204-9000 Notification of Government Security Activity and Visitor Group Security Agreements 1/1/2017 "This contract contains a DD Form 254, DOD Contract Security Classification Specification, and requires performance at a government location in the U.S. or overseas. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall take the following actions: At least thirty days prior to beginning operations, notify the Information Protection Office shown in the distribution block of the DD Form 254 as to: The name, address, and telephone number of this contract companyaEURTMs representative and designated alternate in the U.S. or overseas area, as appropriate; The contract number and military contracting command; The highest classification category of defense information to which contractor employees will have access; The Air Force installations in the U.S. (in overseas areas, identify only the APO number(s)) where the contract work will be performed; The date contractor operations will begin on base in the U.S. or in the overseas area; The estimated completion date of operations on base in the U.S. or in the overseas area; and, Any changes to information previously provided under this clause. This requirement is in addition to visit request procedures contained in DOD 5220.22-M, National Industrial Security Program Operating Manual, and DOD 5220.22-M-Sup 1. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall enter into a Visitor Group Security Agreement (or understanding) with the installation commander to ensure that the contractoraEURTMs security procedures are properly integrated with those of the installation. As a minimum, the agreement shall identify the security actions that will be performed: By the installation for the contractor, such as providing storage and classified reproduction facilities, guard services, security forms, security inspections under DOD 5220.22-M and DOD 5220.22-M-Sup 1, classified mail services, security badges, visitor control, and investigating security incidents; and Jointly by the contractor and the installation, such as packaging and addressing classified transmittals, security checks, internal security controls, and implementing emergency procedures to protect classified material." 5352.242-9000 Contractor Access to Air Force Installations 11/1/2012 "(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. 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, and origianl social security card to obtain a vehicle pass. 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. When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with directives from 78th ABW SFS. 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. Failure to comply with these requirements may result in withholding of final payment." 5352.242-9001 Common Access Cards (CAC) for Contractor Personnel 11/1/2012 "(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria: Require logical access to Department of Defense computer networks and systems in either: the unclassified environment; or the classified environment where authorized by governing security directives. Perform work which requires the use of a CAC for installation entry control or physical access to facilities and buildings. Contractors and their personnel shall use the following procedures to obtain CACs: Contractors shall provide a listing of personnel who require a CAC to the contracting officer. The government will provide the contractor instruction on how to complete the Contractor Verification System (CVS) application and then notify the contractor when approved. Contractor personnel shall obtain a CAC from the nearest Real Time Automated Personnel Identification Documentation System (RAPIDS) Issuing Facility (typically the local Military Personnel Flight (MPF)). While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy. During the performance period of the contract, the contractor shall: Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing government official; Return CACs in accordance with local policy/directives within 7 working days of a change in status for Contractor personnel who no longer require logical or physical access; Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date; and Report lost or stolen CACs in accordance with local policy/directives. Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives. Failure to comply with these requirements may result in withholding of final payment." 5352.215-9001 Alt I #2 Notice of Pre-bid/Pre-proposal Conference (Alternate I #2) 5/1/1996 (a) A pre-bid/pre-proposal conference will be conducted at Robins AFB on at 13 Mar 2019 for the purpose of answering questions regarding this solicitation. Submit the names of all attendees (not to exceed 2) to melony.hudnall.1@us.af.mil NLT 6 Mar 2019. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees. Bidders/Offerors are requested to submit questions to the point of contact noted above not later than 6 Mar 2019. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply. A record of the conference shall be made and furnished to all prospective bidders/offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers. To receive classified documents the recipient must have a security clearance of at least N/A and authorization to act as courier. Security clearance and courier authorization must be on file at the following mailing address: The classification of this conference is Unclassified. List of Attachments Number Attachment Name Attachment Description Date 01 Attachment 1 - Performance Work Statement (PWS) Performance Work Statement 25 Jan 2019 02 Attachment 2 - Quality Assuran ce Surveillance Plan (QASP) Attachment 2 - Quality Assuran ce Surveillance Plan (QASP) 21 Feb 2019 03 Attachment 3 - DoL CBA Based Wage Determination DoL CBA Wage Determination 21 Feb 2019 04 Attachment 4 - DD 254, Department of Defense Contract Security Classification Specification Contract Security Classification Specification (DD 254) 21 Feb 2019 05 Attachment 5 - Pricing Spreadsheet Attachment 5 - Pricing Spreadsheet 21 Feb 2019 06 Attachment 6 - C ollective Bargain ing Agreement (CBA) Attachment 6 - Collective Bargaining Agreement (CBA) 21 Feb 2019 07 Attachment 7 - FACTS Sheet Attachment 7 - FACTS Sheet 21 Feb 2019 08 Attachment 8 - Teaming Member Consent Form Attachment 8 - Teaming Member Consent Form 21 Feb 2019 09 Attachment 9 - PPQuestionaire Package Attachment 9 - PPQuestionaire Package 21 Feb 2019 10 Attachment 10 - DD1423-2 CDRL Contract Data Requirements List (CDRL) 21 Feb 2019 Instrs., Conds., and Notices to Offerors ADDENDUM FOR FAR PROVISION 52.212-1--INSTRUCTIONS TO OFFERORS (ITO) - COMMERCIAL ITEMS (OCT 2018) SUBJECT: SITE VISIT FOR AIRFIELD MANAGEMENT RFP Robins AFB will be holding an Industry Day for those contractors planning on proposing for the Airfield Management Services contract. All contractors planning on attending the 28 February 2019 site visit for the Airfield Management RFP at Robins AFB, GA must have responded via email, to M. JaLynn Hudnall or Russ Odom, NLT 22 Feb 2019, 5:00PM EST. No additional attendees will be allowed to attend the site visit after that time. NO CAMERAS OR CELL PHONES WILL BE ALLOWED ON THE SITE VISIT. While on the site visit, if a contractor is found using a cell phone, he or she will be IMMEDIATELY escorted back to their vehicle. Because of the anticipated large response, no more than 2 people per offeror/contractor will be allowed to attend the site visit. All contractors attending the site visit must meet at the Robins AFB Museum of Aviation where they will board a Government vehicle and be transported to the AMOPS facility. All contractors must be ready to leave for the site visit NLT 10:00AM EST. The bus will depart from the Museum and go to Bldg 110 and the flight line, where the interested parties will be shown their prospective work area. The site visit is expected to last two hours or from 10:00 to 12:00 EST. After the site visit, all contractors will be taken back to the Museum of Aviation. If you have any questions, please email M. JaLynn Hudnall (melony.hudnall.1@us.af.mil) or Russ Odom (william.odom@us.af.mil). TYPE OF CONTRACT The Government contemplates award of a Firm Fixed Price (FFP), Service Disabled Veteran-Owned Small Business Set- aside, Services Contract, resulting from this solicitation. Award selection will be made using a trade-off methodology. For those offerors whose technical proposals are determined to be Technically Acceptable, trade-offs will be made between technical risk, past performance and price. Technical risk and past performance are equal in importance and when combined are significantly more important than price. L-1.1 Failure to submit any of the information requested by this solicitation may be cause for unfavorable consideration or proposal rejection. L-2 SOLICITATION RESPONSE REQUIREMENTS L-2.1 General The Offeror shall submit documentation illustrating their approach for satisfying the requirements of this solicitation. Proposals must be clear, coherent, and prepared in sufficient detail for effective evaluation of the Offeror's proposal against the evaluation criteria. This documentation shall cover all aspects of this solicitation and include the Offeror's approach for Airfield Management activities. Proposals must clearly demonstrate how the Offeror intends to accomplish the requirements and must include convincing rationale and substantiation of all claims. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete effective response to the solicitation are not desired. Offerors shall include in their proposals graphs, charts, diagrams and narrative, in sufficient detail for the Government to understand and evaluate the nature of the approach. The Government will consider the degree of substantiation of the proposed approaches in the proposal volumes and in response to any interchanges, if held. All correspondence in conjunction with this solicitation should be directed to the Government CO and Contract Specialist (CS) identified below: Mr. William Odom, Contracting Officer E-mail address: William.odom.2@us.af.mil Ms. M. JaLynn Hudnall, Contract Specialist E-mail address: melony.hudnall.1@us.af.mil L-2.2 Proposal Volume Requirements The proposal shall be accompanied by a cover letter prepared on the company's letterhead stationery. The cover letter shall identify all enclosures being transmitted and shall be used only to transmit the proposal and shall include no other information. Only proposals submitted in accordance with these instructions will be accepted. The following are further descriptions of the information that shall be provided with the proposal. Volume Limit Section L Reference Paper/ElectronicCopies* Page Limit 1. Completed RFP Voluntary Protection Plan L-3.3.1 1 EA N/A 10 pgs 2. Technical Volume L-2.3.1 1 EA 30 pgs 3. Price Volume: Attachment 5- Price Spreadsheet L-2.4 1 EA N/A 4. Past Performance L-2.6 1 EA N/A *See below for further details on copies to be provided. L-2.2.1 Page Limitations The cover letter, title page, table of contents, table of figures, list of tables and glossary of abbreviations & acronyms for each volume do not count against page count limitations. Proposal contents that exceed the stated page limitations will be removed from the proposal by the CO, prior to turning the proposal over to the Government evaluation teams, and will not be considered in the evaluation. L-2.2.2 Format Text shall be single-spaced, with a minimum one-inch margin all around. Pages shall be numbered consecutively. Print shall be of a minimum 12-point Times New Roman font size. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable. Charts, graphs, drawings, diagrams, supporting illustrations, or spreadsheets shall not be greater than 11" x 17." Each volume in the proposal shall include a title page and table of contents. The table of contents shall list sections, subsections and page numbers. Each volume within the proposal notebook shall be separately tabbed and identified. Each volume shall contain a glossary of all abbreviations and acronyms used and listing of tables, drawings, diagrams and/or figures. Each acronym used shall be spelled out in the text the first time it appears in each proposal volume. Complete proposals should be submitted in one 3-ring binder, tabbed appropriately, with a CD/DVD included. L-2.2.3 Submission Submission of proposal packages, between the Government and offerors, will be controlled by the Contracting Officer. Contractors MUST submit a printed copy of their proposal, in a tabbed 3-ring binder along with a CD/DVD copy of their proposal. Complete Printed and CD/DVD's proposals shall be mailed using the POC address shown below: 375 Perry St., Bldg 255 Robins AFB, GA 31098 ATTN: Mr. William Odom and Ms. M. JaLynn Hudnall RFP: FA8501-19-R-A002 The package should be marked as follows: FOR OFFICIAL USE ONLY TO BE OPENED BY ADDRESSEE ONLY SOURCE SELECTION INFORMATION - SEE FAR 2.101 & 3.104 L-2.2.4 Submission Due Dates Submission of initial proposal packages via electronic mail will not be accepted. Initial proposal packages shall be either mailed or hand-delivered. Offerors are cautioned that Warner Robins Air Logistics Complex has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. Some delay should be anticipated when hand-delivering proposal packages. Offerors should allow sufficient time to obtain a visitor pass and arrive at the specified office PRIOR to the time specified for receipt of proposals. IAW FAR 52.212-1(f)(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Late submissions will not be accepted. However, offerors are requested tosubmit Volume 4, Past Performance Information, so that it is received ten (10) calendar days prior to the required due date for proposals. Failure to submit Volume 4 by the earlier date will not result in offeror disqualification. Proposals are due 12 April 2019, NLT 2:00 PM. L-2.2.5 Electronic Copies of Proposal The Offeror shall submit all proposal information in uncompressed electronic format CD/DVDs. No other electronic media shall be accepted. Text and graphics portions of the electronic copies shall be in a format readable by Microsoft (MS) Word 2016 and/or Adobe Professional DC. Data submitted in spreadsheet format shall be unlocked and readable by MS Excel 2016. Visual presentation material shall be readable by MS Office 2016. The Offeror must ensure that the submission is readable, in the format specified in the solicitation, and has been verified free of computer viruses. Prior to any evaluation, the Government will check all files for viruses and ensure that all information is readable. In the event that any files are corrupted or unreadable, the Government may request the Offeror to resubmit the electronic media. DVDs shall be read-only DVDs and formatted for Microsoft Windows 10, with one exception. One of the volumes, Volume 3- Price Volume, shall use Attachment 5 Pricing Spreadsheet. This spreadsheet will be unlocked and available for editing. No other format will be accepted. In case of conflict between the printed copy and CD/DVD's copy of the proposals submitted, the electronic copy shall take precedence. L-2.2.6 Attachments to Solicitation The Offeror shall utilize the following attachments included in the solicitation package in development of the proposal: Attachment 1 - Performance Work Statement (PWS) Attachment 2 - Quality Assurance Surveillance Plan (QASP) Attachment 3 - DoL CBA Based Wage Determination Attachment 4 - DD 254, Department of Defense Contract Security Classification Specification Attachment 5 - Pricing Spreadsheet Attachment 6 - Collective Bargaining Agreement (CBA) Attachment 7 - FACTS Sheet Attachment 8 - Teaming Member Consent Form Attachment 9 - PPQuestionaire Package (PPQuestionairre, Transmittal Letter, and Client Authorization Letter) Attachment 10 - DD1423 CDRLs L-2.3 Completed RFP, Volume 1 Volume I, completed RFP shall consist of the completed and signed RFP, to include any amendments issued, with a cover letter delineating any exceptions taken to the RFP terms and conditions with accompanying rationale. However, offerors are cautioned that any noncompliance with the terms and conditions of the RFP may cause their proposal to be determined not eligible for award. Offerors shall ensure that all clauses and provisions that require "fill-in" information are appropriately completed, HOWEVER proposed prices shall be annotated on the provided Pricing Spreadsheet in Attachment 5 ONLY. Complete blocks 12, 17a, and 30a, b, and c of the SF1449. In doing so, the offeror accedes to the contract terms and conditions as written in the Solicitation, with attachments. Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.204-8, 52.204-20, 52.209-2, 52.209-7, 52.209-11, 52.212-3, 52.212-3 Alt 1, 52.219-1 Alt 1, 52.219-28, 52.222-22, 52.222-25, 252.204-7007, and 252.209-7999. Note: Offerors need not return completed provisions for which responses are included as a part of their System for Award Management (SAM) online registration. L-2.3.1 Voluntary Protection Plan Air Force Voluntary Protection Program (VPP) requirements are applicable to this acquisition as work on an Air Force installation will be required by contractor employees working 1,000 hours or more in any calendar quarter and the employees are not directly supervised by the Air Force installation. As part of Volume I, for each of the past tee (3) calendar years ending with the calendar year immediately prior to the calendar year in which this solicitation is being issued, submit your Total Case Incidence Rates (TCIR) and Day Away, Restricted, and or Transfer Case Rates (DART) for the standard Industrial Classification System (SIC) code or North American Industrial Classification Systems (NAICS) code for the applicable industry as identified on the face page of this solicitation. If TCIR/DART rates are not maintained, submit comparable insurance rates or compensation injury rates. This VPP information shall be no more than 2 pages. Note: This VPP information pertains to the offeror. If an unpopulated joint venture is formed (a joint venture in which the employees are employed by the joint venture partners and not the joint venture itself), each joint venture partner must submit these rates. Any proposed subcontractor with employees working 1,000 or more hours in any calendar quarter on an Air Force installation and whose subcontractor employees are not directly supervised by the Air Force installation must submit these rates as well. For information on TCIR/ DART rates, visit the following VPP site: http://www.osha.gov/dcsp/vpp/index.html. The written technical proposal shall be clear, concise, and include all the information required by this provision in sufficient detail for effective evaluation. The proposal should not simply repase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume the Government has no prior knowledge of their capabilities, work processes, facilities, and experience and will base its evaluation on the information presented in the offeror's technical proposal. Proposals shall address the technical solution for meeting the Government's performance and capability requirements. This volume shall correlate with the PWS. Proposals will be evaluated against the Sub Factors defined in the evaluation criteria of this solicitation in 52.212-2 Evaluation Commercial Items, Section M-2. The Technical Volume shall not include Price information or any classified information. L-2.4.1 Technical, Volume 2 The Offeror shall provide an approach for providing support to 78 OSS/OSA at Robins AFB. The approach shall detail the Offeror's methodology to support all requirements defined in the PWS paragraphs identified within each Sub-Factor. L-2.4.1.1 Sub Factor: 1 - Program Management Plan Each offeror's written Program Management Plan shall provide a sound, compliant approach that meets the requirements of the PWS paragraphs 1.1.1.2; 1.3.3; 1.4; 1.6; 1.7.1; 1.8; 1.9 and 1.15, and demonstrates a thorough knowledge and understanding of those requirements. (Note: Airfield Management Operations (AMOPS) operates 24 hours a day, seven days a week (IAW Para 1.3.2.1 utilizing 3 shifts) or as deemed necessary by the 78 ABW/CC. The Airfield Management Operations Manager (AMOM) shall work between the hours of 0730-1630, Monday tough Friday.) L-2.4.1.2 Sub Factor: 2 - Recruitment, Retention, and Transition Plan The Offeror shall provide a plan that describes the Offeror's approach to recruit, retain, and replace qualified personnel to ensure a full range services in support of all requirements defined in PWS paragraphs 4.2 and 4.3. The proposal shall clearly address the offeror's understanding of the personnel resources and skill sets necessary to fulfill the PWS requirements. The plan shall also include the Offeror's approach to transition all Airfield Management contract functions IAW PWS Appendix F. (Incumbent Contractor would not need a transition plan) L-2.4.1.3 Sub Factor 3 - Mission Essential Plan Robins AFB's Functional Commander/Director has determined that this requirement is Mission Essential (M-E) (CDRL A003) in accordance with DoDI 1100.22, Policy and Procedures for Determining Workforce Mix and DFARS 237.7600, Continuation of Essential Contractor Services. Because of the importance placed on these functions, the Government has identified all of the Contractor Service performed under the contract as essential contractor services in support of mission essential functions. The offeror shall provide a Mission Essential Plan that describes the Offeror's approach for continuing the performance of essential contractor services IAW PWS paragraph 4.7. DFARS PGI 207.105(b)(20)(C)(3) STATES THE MISSION ESSENTIAL PLAN SHALL BE CONSIDERED AND EVALUATED IN CONJUNCTION WITH THE TECHNICAL EVALUATION OF OFFERS. L-2.5 Price Volume, Volume 3 This volume will include a completed Attachment 5, Pricing Spreadsheet. This spreadsheet shall be unlocked and available for editing. The Offeror agrees to hold the prices in its proposal firm for 180 calendar days from the date specified for receipt of proposals, unless another time-period is specified in an addendum to the solicitation. The Offeror shall provide rates IAW Triad Logistics CBA Effective: 1 June 2018, Expiring on 31 May 2021, provided as Attachment 6. The Offeror shall provide prices for all base year and respective Option Year CLINs, to include the 6-month Extension Option CLIN 5001. L-2.5.1 Supporting Fixed-Price Data Price proposals must adhere to the pricing structure established in the CLINS of the solicitation. Each Offeror's price proposal must be based on the Offeror's own technical proposal, the Government's specifications, and other contractual requirements and must utilize the Pricing Spreadsheet located as Attachment 5. The required wage rates that must be utilized for this effort are found in Attachment 6 - Collective Bargaining Agreement. Pricing shall be completed by the Offeror in accordance with the following: Proposed prices shall be provided reflecting the established CLINs. All prices contained in the pricing schedule reflect total compensation for the services detailed therein and are fully inclusive of all costs including labor (workers, management, aids, assistants, and operators), overhead, general and administrative (G & A) expenses, and profit. All items covered under option years may be ordered and performed during the scheduled period of performance of this contract. Offerors are required to provide prices for these items under option years. The prices for all option items will be evaluated in accordance with FAR 52.217-5. The Government makes no guarantee that the option years will be exercised. It will be the Government's unilateral right to exercise the option years IAW FAR 52.217-9. Once the option is exercised, the Contractor is required to perform the work when ordered during the scheduled period of performance of this contract. The Government will evaluate its option to extend services (see FAR Clause 52.217-8). The prices for this option will have a separate CLIN in the Schedule and Attachment 5 Pricing Spreadsheet. The option can be exercised in increments less than six months but for no more than a total of six months during the life of the contract. The Government expects that this contract will be awarded based upon adequate price competition. L-2.5.2 Rounding Methodology All dollar amounts provided shall be rounded to the nearest penny. All labor rates shall be rounded to the nearest penny. L-2.6 Past Performance, Volume 4 The offeror shall submit Present and Past Performance Information for itself and any joint venture member, in accordance with the format contained in the "FACTS Sheet" (See RFP Attachment 7) and the following paragraphs. The evaluation of the offeror's/joint venture member's present/past performance WILL NOT include the present/past performance of any subcontractor(s), even though they may perform major or critical aspects of this requirement. L-2.6.1 Past Performance Format The requested present and past performance information shall be provided in a separate tabbed section labeled "Volume 4 - Past Performance." A summary page shall be provided for this acquisition, describing the proposed role of the offeror, or any joint venture member (nature of work and percentage of overall work). Each offeror/joint venture member shall complete a separate FACTS Sheet for two (2) active or completed contracts (with at least one year of performance history) in the past five (5) years from the issuance date of the RFP, that the offeror/joint venture member considers relevant in demonstrating its ability to perform the proposed effort. If the total number of such contracts exceeds two (2), each offeror/joint venture member shall address its two (2) most recent and relevant contracts. Contracts listed may include those with the Federal Government, state and local governments or their agencies, and commercial customers. L-2.6.2 FACTS Sheet The offeror/joint venture member, if applicable, shall focus its FACTS Sheet responses so that they clearly correlate present and past performance with the requirements of this RFP. The FACTS Sheet responses must clearly describe the relevance of the effort to the work proposed. The answering space on the FACTS Sheet may be expanded so that the filled-in FACTS Sheet for each relevant contract covers no more than both sides of tee (3) 8 1/2 x 11 inch pages (i.e., no more than eight (8) pages (See paragraph 2, Relevancy Table and N. of the FACTS Sheet.) Provide the most current information for the Points of Contact (POCs) identified on the FACTS Sheets. At least two of the following (in descending order of availability) should be identified as current POCs on the FACTS Sheets: Airfield Manager Assistant Airfield Manager PCO COR If problems were encountered during the performance of the identified contracts, provide evidence of the ability to isolate the root causes of problems and include in the FACTS Sheet a description of programs or actions taken to resolve those causes. Problems not addressed in the FACTS Sheet, but found by the Government during the evaluation of the information in this volume, will be assumed to still exist. L-2.6.5 Teaming Member Consent Form In addition to the information provided in the FACTS Sheet (RFP Attachment 7) for each entity as required above, the offeror must submit a consent letter executed by each of its proposed teaming member(s) authorizing release of adverse past performance information to the prime offeror to allow the prime offeror an opportunity to respond. A sample Teaming Partner Consent Form is attached to this RFP (see RFP Attachment 8). The consent form shall be completed by the team member(s) identified in your proposal. The completed consent forms shall be submitted as part of your Past Performance Volume 4. L-2.6.6 Past Performance Questionnaire The Present/Past Performance Questionnaire (see RFP Attachment 9) will be one means used by the Government to obtain present/past performance information. The Government reserves the right to change, alter, and/or supplement the questionnaire without further notice to the offeror(s). The offeror shall send out - and track the completion of - the Present/Past Performance Questionnaires (See RFP Attachment 9) to each of the offeror's, joint venture member's (i.e., each entity's) Points of Contact (POCs) identified in each FACTS Sheet. The responsibility to send out and track the completion of the Present/Past Performance Questionnaires rests solely with the offeror - i.e., it shall not be delegated to any other entity. The Transmittal Letter (see RFP Attachment 9) shall be used by the offeror in sending out the Present/Past Performance Questionnaires. Exert your best effort to ensure that at least two POCs per relevant contract submit a completed Present/ Past Performance Questionnaire directly to the Government not later than the date established in the RFP for receipt of proposals. POCs may submit their completed Present/Past Performance Questionnaire either electronically (preferred), or by mail. If sending electronically, email to: melony.hudnall.1@us.af.mil. If mailing, the POCs may return the completed questionnaires via mail directly to: AFSC/PZIOB ATTN: Russ Odom or JaLynn Hudnall 375 Perry St, Robins AFB GA 31098 If mailing, the outside envelope must be marked as follows: NOTE: TO BE OPENED BY ADDRESSEE ONLY The completed questionnaires should be contained in a second envelope marked with the mailing address and the following legend: SOURCE SELECTION INFORMATION - See FAR 2.101 and 3.104 FOR OFFICIAL USE ONLY Once the Present/Past Performance Questionnaires are completed by your POCs, the information contained therein shall be considered source selection sensitive and shall not be released to you, the offeror. Therefore, any exchange/contact between the offeror/joint venture member and its own POCs in regards to comments made on the questionnaire is not permitted. L-2.6.7 Client Authorization Letter: In the event that commercial contracts are presented as present/past performance sources of information, a client authorization letter shall be issued to those commercial POCs requesting/authorizing them to complete a Present/Past Performance Questionnaire. A sample client authorization letter is attached to this RFP (see RFP Attachment 9 PPQuestionaire Package). The offeror is required to send the client authorization letter(s) with the Present/Past Performance Questionnaire(s) to each POC on commercial contracts. A separate copy of client authorization letter(s) for each commercial contract shall be included in the offeror's Present/Past Performance submission for the Government's use in case additional questionnaires need to be sent by the Government after the RFP due date. END OF ADDENDUM Evaluation Factors for Award ADDENDUM FOR FAR PROVISION 52.212-2-- EVALUATION -- COMMERCIAL ITEMS (OCT 2014) M-1 BASIS FOR AWARD This is a competitive Trade Off selection conducted in accordance with FAR Part 12 and FAR Part 13. The Government intends to award one contract as a result of this solicitation. In using the best value approach, the Government seeks to award to the offeror who gives the Air Force the greatest confidence that it will best meet or exceed our requirements affordably in a way that will be advantageous to the Government. This may result in an award to a higher rated, higher priced offeror where the decision is consistent with the evaluation factors and the Source Selection Authority (SSA) reasonably determines that a lower technical risk and/or superior past and present performance of the higher priced offeror outweighs the cost difference. To arrive at a best value decision, the SSA will integrate the source selection team's evaluations of the factors and subfactors described in this provision. While the Government will strive for maximum objectivity, the tradeoff process, by its nature, is subjective; therefore, professional judgment is implicit toughout the selection process. Offerors are reminded that the Government will only evaluate one proposal from each offeror. Award will be made to the responsible offeror whose proposal conforms to all required terms and conditions, includes all required representations and certifications, meets all requirements set forth in the RFP, and also provides the best value to the Government based on the results of the evaluation as described in M-3 below. Contract terms and conditions consistent with customary commercial practices are specified in the solicitation/contract, with otherwise tailored terms and conditions specified in the Addendum to the solicitation/contract. M-2 RELATIVE IMPORTANCE For those offerors whose technical proposals are determined to be Technically Acceptable, trade-offs will be made between technical risk, past performance and price. Technical risk and past performance are equal in importance and when combined are significantly more important than price. M-3 PROPOSAL EVALUATION The evaluation process will be accomplished as follows (Organized by volume): M-3.1 Proposal Adequacy: The Government will review all proposals for responsiveness and completeness. If an Offeror fails to comply with the Instructions to Offerors, the Offeror's proposal may be deemed unresponsive and/or incomplete and will receive no further consideration and be eliminated from the competition. The Government will only evaluate proposals deemed responsive and complete. M-3.2 Interchanges: Interchanges are fluid interaction(s) between the Contracting Officer (CO) and the Offerors that may address any aspect of the proposal and may or may not be documented in real time. The Government intends to make award based on the initial proposal submissions without conducting interchanges. Therefore, each offer should contain the Offeror's best terms from a technical, price, and past performance standpoint. However, the Government reserves the right to hold interchanges using Interchange Notices (INs) if, during the evaluation, it is determined to be in the best interest of the Government. Offeror responses to INs will be considered in making the order selection decision. Interchanges may be conducted with one, some or all offerors as the Government is not required to conduct interchanges with any or all Offerors responding to this Solicitation. Once the Government determines the Offeror that is best-suited to meet stated requirements, the Government reserves the right to communicate with only that Offeror to address any issues, if necessary, and finalize a contract with that Offeror. If the parties cannot successfully resolve outstanding issues, as determined pertinent at the sole discretion of the Government, the Government may communicate with the next best-suited Offeror, based on the original analysis and address any necessary issues with that Offeror. If the Government begins communications with the next best-suited Offeror, no further communications with the previous Offeror will be entertained until after order award. This process will continue until an agreement is successfully reached and an order is awarded. M-3.3 Evaluation Process: The evaluation process will be accomplished as follows (Organized by Volume): M-3.3.1 Completed RFP, Volume 1 Evaluation M-3.3.1.1 Voluntary Protection Plan The submitted TCIR/DART rates or other comparable rates for the past tee (3) calendar years (i.e., calendar years 2016, 2017 and 2018) immediately prior to the calendar year in which this solicitation is being issued, shall be compared to the most recently published Bureau of Labor Statistics (BLS) national average for the specific SIC or NAICS code identified on the face page of this solicitation (https://www.bls.gov/iag/tgs/iag_index_alpha.htm). Failure by the applicable offeror/joint venture partner(s)/subcontractor to submit TCIR/DART or other comparable rates will result in the offeror being considered as failing to meet the RFP terms and conditions. M-3.3.2 -Technical Factor, Volume 2 Evaluation: Each offeror's written technical proposal shall be evaluated, based on the subfactors below, to determine if the offeror provides a sound, compliant approach that meets the requirements of the PWS, and demonstrates a thorough knowledge and understanding of those requirements. The technical proposal addresses each of the following subfactors in sufficient detail. Sub Factor 1: Program Management Plan This subfactor is met when the offeror's proposal provided a sound, compliant approach that adequately adequately addressed each of the following performance requirements, as mandated in PWS paragraphs 1.1.1.2; 1.3.3; 1.4; 1.6; 1.7.1; 1.8; 1.9 and 1.15 and demonstrated a thorough knowledge and understaning of those requirements. (Note: Airfield Management Operations (AMOPS) operates 24 hours a day, seven days a week (IAW Para 1.3.2.1 utilizing 3 shifts) or as deemed necessary by the 78 ABW/CC. The Airfield Management Operations Manager (AMOM) shall work between the hours of 0730-1630, Monday tough Friday.) Sub Factor 2: Recruitment, Retention, and Transition Plan This subfactor is met when the offeror's proposal adequately described the Offeror's approach to recruit, retain, and replace qualified personnel to ensure a full range services in support of all requirements defined in PWS paragraphs 4.2 and 4.3. The proposal clearly and sufficiently addressed the offeror's understanding of the personnel resources and skill sets necessary to fulfill the PWS requirements.The plan also sufficiently described an approach to transition all Airfield Management contract functions IAW PWS Appendix F. (Incumbent Contractor would not need a transition plan) Sub Factor 3: Mission Essential Plan This subfactor is met when the offeror's proposal adequately described the Offeror's approach for continuing the performance of essential contractor services IAW PWS paragraph 4.7. Technical Ratings: The technical rating reflects the evaluation of the acceptability of the offeror's technical approach for meeting the Government's requirement. The offeror's proposal shall be evaluated to determine whether the proposal is acceptable or unacceptable, using the ratings and descriptions outlined in the table below. One technical rating will be assigned to each technical subfactor. In order to be considered awardable, there must be an "acceptable" rating in every subfactor. TABLE M-1 - TECHNICAL ACCEPTABILITY RATINGS Rating Description Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Unacceptable Proposal does not meet requirements, does not indicate an adequate approach and understanding of the requirements, and is not awardable. 3.3.2.1 Technical Risk Rating: Technical risk, which is manifested by the identification of weaknesses, assesses the degree to which an offeror's proposed approach for the requirements of the solicitation may cause disruption of schedule, degradation of performance, the need for increased government oversight, and/or the likelihood of unsuccessful contract performance. The evaluation shall address the Source Selection Team's identification of any weaknesses and/or significant weaknesses, and document why that is or is not manageable. Each technical Sub Factor will receive one of the Technical Risk ratings as described below. A Risk rating will be assigned for each Sub-Factor, based on whether the proposed approach meets the defined PWS requirements and addresses the technical subfactor evaluation criteria identified above. An overall Risk rating will be assigned. Any unacceptable risk ratings will result in an offeror being deemed unawardable. Rating Description Low Proposal may contain weakness(es) which have little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties. Moderate Proposal contains a significant weakness or combination of weaknesses which may potentially cause disruption of schedule, increased cost or degradation of performance. Special contractor emphasis and close Government monitoring will likely be able to overcome difficulties. High Proposal contains a significant weakness or combination of weaknesses which is likely to cause significant disruption of schedule, increased cost or degradation of performance. Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring. Unacceptable Proposal contains a material failure or a combination of significant weaknesses that increases the risk of unsuccessful performance to an unacceptable level. M-3.3.3 Price Factor, Volume 3 Evaluation The Government will evaluate each offeror's proposed prices submitted in Volume 3 (Pricing Spreadsheet-Attachment 5), for reasonableness and balance as discussed in the following paragraphs. Offerors are reminded that in order to maintainreasonable/balanced pricing, the Government will not accept "Not Separately Priced (NSP)," No Charge (NC), tiny_mce_marker, etc. on any line items other than those already designated as "NSP" in the Schedule. Offerors are advised to review all data items to ensure that they are proposing to the specific data requirements and level of effort involved. The Government will calculate a Total Evaluated Price (TEP) for each offeror's proposed prices in accordance with paragraph (3.3.3.3) below. M-3.3.3.1 Price Reasonableness The Government will evaluate the reasonableness of proposed price IAW FAR 15.404, by assessing the acceptability of the Offeror's methodology used in developing the price estimates. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. The existence of adequate price competition is expected to support a determination of reasonableness. Price analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained and/or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information in accordance with FAR 15.4 may be required to support the proposed price. M-3.3.3.2 Unbalanced Pricing Unbalanced pricing exists when, despite an acceptable Total Evaluated Price, the price of one or more contract line items is significantly overstated or understated due to an illogical progression of unit prices from program year to program year, unit prices that do not take into account quantity variations, or front-loading CLINs that do not represent the true cost of that CLIN. The definition of "Front-Loading" is to concentrate costs in an early period. Front-Loading will be viewed as materially unbalanced since acceptance of the proposal would result in an advance payment. The Government will analyze the proposed prices to determine whether there are unbalanced separately priced line items or sub-line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related to price and quantity changes within each offeror's response to the pricing structure in the Schedule. Offerors are cautioned against submitting an offer that contains unbalanced pricing; offers that are determined to be unbalanced may be rejected if it is determined the lack of balance poses an unacceptable risk to the Government. M-3.3.3.3 Total Evaluated Price (TEP) Prices shall be proposed on Attachment 5 Pricing Spreadsheet per instructions Section L. All unit prices should be rounded to the nearest whole dollar. A Total Evaluated Price (TEP) will be calculated for evaluation purposes only. The total evaluated price consists of the total proposed price for all firm fixed price CLINs for the base and option years, and the Option to Extend Services IAW FAR 52.217-8. M-3.3.3.3.1 Option to Extend Services The Government will evaluate its option to extend services (see FAR Clause 52.217-8). The prices for this option will have a separate CLIN in the Schedule. This CLIN will be included in the Total Evaluated Price. The option can be exercised in increments less than six months but for no more than a total of six months during the life of the contract. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8. M-3.4. Past Performance Factor, Volume 4 Evaluation M-3.4.1. Past Performance The past performance assessment will assess the confidence in the offeror's/joint venture member's ability to successfully accomplish the proposed effort based on the offeror's demonstrated present and past work record. The Government will evaluate the offeror's/joint venture member's demonstrated record of contract compliance in supplying products and services that meet users' needs, including cost and schedule. The recency and relevancy of the information, the source of the information, context of the data and general trends in the contractor's performance, the number and severity of problems, the effectiveness of any corrective actions taken, and the offeror's overall performance record will be considered. More recent and more relevant performance usually has a greater impact in the confidence assessment than less recent and less relevant performance. Recency: For purposes of this evaluation, recency is defined as active or completed efforts performed within the past five (5) years (with at least one year of performance history) from the issuance date of this solicitation. Relevancy Definitions: The Government will perform an independent determination of relevancy of the data provided or obtained. A relevancy determination will be made for each of the recent two (2) submitted contracts. Higher relevancy will be assessed for contracts that are most similar to the effort, or portion of the effort, for which that contractor is being proposed. The Government is not bound by the offeror's opinion of relevancy. The following relevancy criteria apply and will be assigned to each effort identified in an offeror's Volume 4 of its proposal: Adjectival Rating Description VERY RELEVANT Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires. RELEVANT Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. SOMEWHAT RELEVANT Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires. NOT RELEVANT Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the Offeror's Past Performance proposal volume and information obtained from other sources, such as the Federal Awardee Performance and Integrity Information System (FAPIIS), Past Performance Information Retrieval System (PPIRS) or similar systems, Defense Contract Management Agency (DCMA), the Electronic Subcontract Reporting System (eSRS), interviews with Program Managers, Contracting Officers, Contracting Officer's Representatives (CORs), and any other Government officials with knowledge of the effort being evaluated. Data from previous source selections may be used if the data is recent and relevant. Offerors/joint venture members shall be given an opportunity to address adverse past performance information if the offeror, joint venture member has not had a previous opportunity to respond to the information. Recent contracts will be examined to ensure that corrective measures have been implemented. The confidence assessment will consider issues including but not limited to the number and severity of the problems, the appropriateness and/or effectiveness of any corrective actions taken (not just planned or promised), and the overall work record. Prompt corrective action in isolated instances may not outweigh overall negative trends. Using past information provided by the offeror/joint venture member past performance questionnaires, and data independently obtained from other Government and commercial sources, the contracting officer will evaluate recent and relevant past performance information, and using this information, will develop a performance confidence assessment. The Performance Confidence Assessment represents the evaluation of an offeror's past work record to assess the Government's confidence in the offeror's probability of successfully performing as proposed. The Government will evaluate the offeror's demonstrated record of contract compliance in supplying products and services that meet user's needs, including price and schedule. Each relevant contract shall have been performed during the past five years from the date of issuance of this solicitation. The Past Performance Evaluation will be accomplished by reviewing aspects of an offeror's recent and relevant past performance, focusing on, and targeting performance. As a result of the recency, relevancy and quality assessments of the contracts evaluated, one of the ratings as described below will be assigned to the Past Performance factor. Adjectival Rating Description Substantial Confidence Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort. Satisfactory Confidence Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort. Neutral Confidence No recent/relevant performance record is available or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance Limited Confidence Based on the offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort. No Confidence Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort Offerors without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance and, as a result, will receive a Neutral Confidence rating for the Past Performance factor. More relevant performance will have a greater impact on the Performance Confidence Assessment that the less recent or relevant effort. A strong record of relevant past performance will be considered more advantageous to the Government than a "Neutral Confidence" rating. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. The Government reserves the right to reassess an offeror's performance based on the offeror's responses to or clarifications to certain aspects of their proposal and make our own determination on the performance confidence assessment. END OF ADDENDUM.
FA8501-19-R-A002 Department of the Air Force Materiel Command Lifecycle Management Center Robins Air Force Base
2/28/19, 10:54 AM