DCO Battery Stack Replacement
Added: Jun 21, 2017 9:10 pm Combined Synopsis/Solicitation for (B400) DCO Battery Stack ReplacementRFQ No.: FA5270-17-Q-A067 Issue Date: 22 Jun 2017 •1. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation FA5270-17-Q-A067 is being issued as a Request for Quotation (RFQ). This notice and the incorporated provisions and clauses are those in effect tough the Federal Acquisition Regulations (FAR). All responsible sources may submit a quotation. •2. This document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular (FAC) 2005-95 - 19 Jan 2017; DPN 20161222 - 22 Dec 2016; and AFAC 2017-0127 - 27 Jan 2017. •3. The North American Industry Classification System (NAICS) code is 335911 (Battery Manufacturing). This requirement will be utilize full and open competition and will not provide for any socio-economic set asides. Small business size standards are not applicable to this acquisition. •4. Offerors must be registered in the System for Award Management (SAM) at http://www.sam.gov/, in order to be considered for award. A current copy of a prospective awardee's Reps and Certs will be validated using the SAM website prior to the issuance of an award. •5. For information regarding the service acceptor or point of acceptance, please refer to 252.232-7006 (incorporated by full text) below. •6. The following commercial provisions and clauses are applicable to this acquisition: 52.212-1 along with its addenda, 52.212-2, 52.212-3, 52.212-4, and 52.212-5. •7. Except for what's listed within this Combined Synopsis/Solicitation, there are no other additional terms and conditions that the Contracting Officer has considered to be necessary for this acquisition and consistent with commercial practices. •8. This notice is a request for competitive quotations. Therefore, all quotations received prior to the RFQ close date will be considered. •9. The Government is soliciting quotes for the purchase of a Battery Stack Replacement. •10. The Government intends to issue an order to the responsible offeror that meets following factor: Lowest Price Technically Acceptable. •11. This is a "Brand Name" or "Equal" procurement. The referenced brand names are not intended to be restrictive, but represent the minimum requirements of the Government. The salient physical, functional, or performance characteristics must be met in order for "equal" items to be acceptable for award by the Government. It is the offeror's responsibility to furnish sufficient information to the Government in order to determine acceptability of the quoted items. Offer shall indicate whether they are submitting the brand name requested or an "equal" product. Offeror shall submit all technical specifications (specs, catalogue, pictures etc) for the Government to review in order to determine technical acceptability. •12. All quotations, and/or questions shall be submitted in writing, via email to Jose A. Hernandez at jose.hernandez.17 @us.af.mil. or Aurora Salazar at aurora.salazar-alas@us.af.mil Quotes are due no later than 1200 s JST (Japan Standard Time) on 22 July 2017. Any potential amendments will be posted in the same fashion as the solicitation. •13. All quotes must remain valid until September 2017. (Please provide a quote for the line items listed below. Failure to quote on all CLINs will render the quote unacceptable and ineligible for award consideration in the absence of discussions.)Exhibit A ITEMDESCRIPTIONQTYUnit Unit PriceExtended Amount0001Replace the existing battery system with a new system that provides, at a minimum, an 8 hour run-time, 1.75 volts per cell, 6500 ampere hour range and be installed within a 5 feet by 11 feet floor space in Bldg 400. The current system installed are two battery banks of GNB Absolyte IIP Model 100A69. Brand Name or Equal.IAW Attached Statement of Objectives (SOO)1Lot$___________$_____________ Total Amount$_________________________ VENDOR QUOTE INFORMATION PaymentTermsEstimatedDelivery DateQuoteExpiration DATEWARRANTY 1 Sep 2017 GSA INFORMATION Complete only if quoting GSA prices. If providing a GSA schedule quote that includes Open Market items, annotate Open Market items, "OM." Quotes with over $3,500.00 in Open Market Items would not be accepted. GSA Contract #GSA CONTRACTExpiration DateContract Minimum Order $ Amount Contract Maximum Order $ AmountQuantity Price Break VENDOR INFORMATION ORDERING ADDRESSPoint of ContactPHONE NUMBERFAX NUMBER E-MAIL ADDRESSREMIT TO ADDRESSCAGE CODETAX ID NUMBER DUNS NUMBERSIZE OF BUSINESSWEB ADDRESSQUOTE DATE PROVISIONS/CLAUSES The following FAR/DFARS/AFFARS provisions and clauses are applicable to this solicitation: It is the contractor's responsibility to be familiar with applicable clauses and provisions. Clauses and provisionscan be found at: http://farsite.hill.af.mil (For full text references, go to the link above.) 52.203-3 Gratuities APR 1984 52.211-6Brand Name or EqualAUG 1999 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (JAN 2017) Alternate I JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012Safeguarding Covered Defense Information and Cyber Incident ReportingOCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.211-7003Item Unique Identification And Valuation MAR 2016 252.215-7008 Only One Offer OCT 2013 252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7008 Prohibition of Hexavalent Comium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7021Trade Agreements--Basic (OCT 2015)DEC 2016 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism OCT 2015 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns SEP 2004 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023Transportation of Supplies by SeaAPR 2014 252.247-7024Notification of Transportation of Supplies by SeaMAR 2000 The following provisions and clauses are incorporated by full text. Addenda to FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017) •(a) Paragraphs 52.212-1(b), "Submission of offers," and 52.212-1(f), "Late submissions, modifications, revisions, and withdrawals of offers," are deleted in their entirety and replaced with 52.215-1(c), "Submission, modification, revision, and withdrawal of quotations," by reference.•(b) Paragraph 52.212-1(c), "Period for Acceptance of Offers," is tailored as follows: "The offeror agrees to hold the prices in its offer firm until 1 September 2017."•(c) The following is inserted as new paragraph (m) of the provision:"(m) Quotation Preparation Instructions. A. To assure timely and equitable evaluation of quotations, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in. Failure to meet a requirement may result in an offer being ineligible for award. B. Specific Instructions: 1. PRICING AND MISCELLANEOUS DATA. (a) Complete and submit "Exhibit A", "Shipping information", "Vendor Quote Information", "GSA information (if quoted)" and "Vendor Information", page 2-3 of Combined Synopsis/Solicitation. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation. (b) Complete and submit "TAX EXEMPTION CERTIFICATE", page 14-15 of Combined Synopsis/Solicitation, if necessary. (c) Complete the necessary fill-ins and certifications in provisions and in the on-line Representations andCertifications at www.sam.gov. Unless the offeror submits, with their offer, a completed Provision 52.212-3 Alt I (January 2017), the representations and certifications completed at www.sam.gov will be used for this solicitation. (d) For other provisions and clauses in the solicitation, the Offeror is required to submit the pages that require an Offeror fill-in (DFARS 252.225-7020 and DFARS 252.247-7022. (e) Submit an acknowledgment of the all solicitation amendments, if issued. 2. TECHNICAL INFORMATION •(a) List of Proposed Items. Must include: Quantity, Model #, description and specifications •(b) Tentative installation schedule.•(c) Technical approach: The technical proposal shall be clear, concise, complete and include sufficient detail for effective evaluation. Legibility, clarity, and coherence are very important. The proposal shall not simply repase or restate the Government's requirements, but rather shall provide convincing information to address how the offeror will meet these requirements. The proposal shall describe in detail the offeror's technical approach for meeting the SOO requirements. C. General Information: 1. Questions regarding this requirement must be submitted to Jose A. Hernandez at jose.hernandez.17@us.af.mil or Aurora Salazar at aurora.salazar-alas@us.af.mil NLT 12:00 A.M. on 22 July 2017 (JST) to ensure that the Contracting Officer has sufficient time to post responses on FedBizOpps. 2. Offerors shall submit their response to this RFQ via email to Jose A. Hernandez at jose.hernandez.17 @us.af.mil or Aurora Salazar at aurora.salazar-alas@us.af.mil 12:00 A.M. on 21 July 2017 (JST). 3. Offerors are advised it is their responsibility to ensure all information pertaining to this RFQ is received in full by the 18th Contracting Squadron/LGCA, Bldg 99 NLT than the due date/time of this RFQ. 4. All quotations must remain valid until 1 September 2017. (End of Addenda to 52.212-1) 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) (a) The government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the government, price and other factors considered. The following factors will be used to evaluate offers: (1) Price(2) Technical Acceptability The technical aspect, when compared to price, is approximately equal to price. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, will result in a binding contract without further action by either party. Before the offer's specified expiration time, the government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Addendum to FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) The following is inserted as new paragraph (d) of the provision: "(d) BASIS FOR CONTRACT AWARD: This is a competitive Lowest Price Technically Acceptable (LPTA) evaluation conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13.5. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors -Commercial Items, the offeror accedes to the terms of this model contract. Failure to meet a requirement may result in an offer being determined unacceptable. The evaluation process will include the following: The lowest priced, technically acceptable quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that is contained in the solicited item description. If the lowest priced submission does not meet the technical criteria described in the solicited item description, the government reserves the right to evaluate the next lowest priced submissions until it has determined a technically acceptable submission. The evaluation will stop at the point when the government determines an offeror to be technically acceptable with the lowest evaluated price. Contingent upon a determination of contractor responsibility, award will be made to that offeror without further evaluation of other offers. (End of addenda and provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO OMPLEMENT STATUTES OR EXWXUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2017) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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).___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).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).___ (5) [Reserved]___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).___ (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).___ (10) [Reserved]___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).___ (ii) Alternate I (Nov 2011) of 52.219-3.___ (12) (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).___ (ii) Alternate I (Jan 2011) of 52.219-4.___ (13) [Reserved]___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).___ (ii) Alternate I (Nov 2011).___ (iii) Alternate II (Nov 2011).___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).___ (ii) Alternate I (Oct 1995) of 52.219-7.___ (iii) Alternate II (Mar 2004) of 52.219-7.___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).___ (ii) Alternate I (Nov 2016) of 52.219-9.___ (iii) Alternate II (Nov 2016) of 52.219-9.___ (iv) Alternate III (Nov 2016) of 52.219-9.___ (v) Alternate IV (Nov 2016) of 52.219-9.___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).___ (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)).___ (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)).___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).___ (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).___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 tough April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514___ (ii) Alternate I (Oct 2015) of 52.223-13.___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).___ (ii) Alternate I (Jun 2014) of 52.223-14.___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).___ (ii) Alternate I (Jun 2014) of 52.223-16.X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).___ (ii) Alternate I (Jan 2017) of 52.224-3.___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).___ (49) (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).___ (ii) Alternate I (May 2014) of 52.225-3.___ (iii) Alternate II (May 2014) of 52.225-3.___ (iv) Alternate III (May 2014) of 52.225-3.___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).___ (52) 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).___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).X (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).___ (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.]___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).___ (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).___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).___ (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).___ (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).___ (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).___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition 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 books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).(ii) 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)).(iii) 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.(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).(x) 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.(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).(xiii) 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.)(xiv) 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)(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 tough April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(B) Alternate I (Jan 2017) of 52.224-3.(xxi) 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).(xxii) 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.(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.233-2 SERVICE OF PROTEST (SEP 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 the 18th Contracting Squadron, Unit 5199, APO AP 96368.(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address: http://farsite.hill.af.mil (End of provision) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: http://farsite.hill.af.mil (End of clause) 252.225-7020 TRADE AGREEMENTS CERTIFICATE--BASIC (NOV 2014) (a) Definitions. Designated country end product, nondesignated country end product, qualifying country end product, and U.S.-made end product, as used in this provision have the meanings given in the Trade Agreements--Basic clause of this solicitation. (b) Evaluation. The Government-- (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and(2) Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless--(i) There are no offers of such end products;(ii) The offers of such end products are insufficient to fulfill the Government's requirements; or(iii) A national interest waiver has been granted. (c) Certification and identification of country of origin.(1) For all line items subject to the Trade Agreements--Basic of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated country end product.(2) The following supplies are other nondesignated country end products: (Line Item Number) (Country of Origin) 0001 Ordnance Deformer _______________ (End of provision) 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) 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 252.232-7003, Electronic Submissionof 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 toughWAWF. 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).Invoice and Receiving Report (Combo) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.Not Applicable. (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--------------------------------------------------------------------------------------------Payment Official (DoDAAC) F68800Issue By (DoDAAC) FA5270Administrated By (DoDAAC) FA5270Accept By (DoDAAC) F2H3C4Ship To (DoDAAC) F2H3C4-------------------------------------------------------------------------------------------- (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 email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.Aurora Salazar at aurora.salazar-alas@us.af.mil (Contract Administrator) (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. 18cons.wawf@us.af.mil(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) (a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (b) Representation. The Offeror represents that it- _____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation._____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) 5352.201-9101 OMBUDSMAN (JUN 2016)(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of quotations, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman: Air Force Installation Contracting Agency (AFICA)/KP Director1940 Allbrook Drive, Building 1Wright-Patterson AFB OH 45433Phone: (937)257-5529Fax: (937)656-0919 Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) OCR (Other Contract Requirements) TAX EXEMPTION CERTIFICATE The contractor will submit requests for gasoline or diesel oil tax exemption certificates to the Contracting Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to certify the accurate consumption o gasoline or diesel, or other necessary information and data as may be required. The Contracting Officer will issue to the contractor a Tax Exemption Certification for the actual amount of gasoline or diesel oil used exclusively for the performance of this contract. The contractor shall claim all tax and customs exemptions as listed below; EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF FORCES AGREEMENT (AUG 2001) (a) Paragraph 2, Article XI of the Status of Forces Agreement between Japan and the United States, authorizes the United States entry into Japan free from Japanese customs duties and all other charges on materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces. (b) Paragraph 3, Article XII of said Status of Forces Agreement, authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces. Currently, these taxes are: (1) Gasoline tax and local road tax on gasoline; (2) Diesel oil tax; (3) Liquefied petroleum tax, and (4) consumption tax. (c) If you are the successful offeror, the Contracting Officer or his authorized representative will issue customs or tax exemption taxes in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for either at the end of each month or upon termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so, if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption. (d) List below the customs duties or taxes which have been excluded from your quotation as required by the Taxes Clause. Contractor must claim all customs and tax exemptions to which the U.S. Government is entitled. (a) Paragraph 2, Article XI of the Status of Forces Agreement between Japan and the United States, authorizes the United States entry into Japan free from Japanese customs duties and all other charges on materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces. (b) Paragraph 3, Article XII of said Status of Forces Agreement, authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United States Armed Forces or by authorized agencies of the United States Armed Forces. Currently, these taxes are: (1) Gasoline tax and local road tax on gasoline; (2) Diesel oil tax; (3) Liquefied petroleum tax, and (4) consumption tax. (c) If you are the successful offeror, the Contracting Officer or his authorized representative will issue customs or tax exemption taxes in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for either at the end of each month or upon termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so, if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption. (d) List below the customs duties or taxes which have been excluded from your quotation as required by the Taxes Clause. Contractor must claim all customs and tax exemptions to which the U.S. Government is entitled. Type of Commodity and Amount of Duty or Tax Percentage of Tax Excluded in Yen (¥) (1) Customs Duties __________________ __________________(2) Taxes:(a) Gasoline tax and local road tax on gasoline __________________ __________________(b) Diesel oil tax __________________ __________________(c) Liquefied petroleum tax __________________ __________________(d) Consumption tax __________________ __________________ CONCILIATION Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States-Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the Contractor for conciliation shall be made in accordance with the following procedures: (a) In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the clause of this contract entitled "Disputes", and within the time limits described therein before filing a request for conciliation with the Joint Committee and then request the appellate authority under the clause of this contract entitled "Disputes", to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation. (b) The request for conciliation shall be submitted by the Contractor tough the nearest Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor shall immediately notify the Contracting Officer in writing that the request for conciliation has been filed. (c) In the event the disagreement submitted to the Joint Committee under subparagraph (b) above has been resolved tough conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the clause of this contract entitled "Disputes", of the settlement of the dispute and to withdraw his appeal. (d) In the event the Contractor who has submitted a request for conciliation to the Joint Committee under subparagraph (b) above desires, notwithstanding pendency of his request for conciliation, that action by the appropriate authority under the clause of this contract entitled "Disputes", be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the Contractor of his action taken hereunder. (f) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled "Disputes", has been rendered. Pending the hearing of the conciliation panel, the Contractor shall proceed diligently with the performance of the contract in accordance with the Contracting Officer's decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file a civil suit. FA5270-17-Q-A067 Department of the Air Force Pacific Air Forces
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