NC ARNG Fitness & Nutrition Program
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; proposals are being requested and a written solicitation will not be issued. This acquisition is reserved for small business concerns. This combined synopsis/solicitation is issued as a Request for Quotation. The North American Industry Classification system code (NAICS) 611519 size standard of $15M. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2019-03. Contract line item numbers and quantities: The Contractor shall provide all personnel, materials, supervision, and services necessary to provide Fitness and Nutrition Program services as described in the attached PWS. CLIN 0001 Base Year Fitness and Nutrition Program Services POP: 30 Sept 2019 - 29 Sept 2020 Firm Fixed Price Quantity: 12 Unit of Issue: month Unit Price (1 month): ________ Total Price (12 Months:_______ CLIN 0002 Base Year CMRA Reporting POP: 30 Sept 2019 - 29 Sept 2020 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://afcmra.hqda.pentagon.mil/Login.aspx Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 tough September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: (855) 723-267 Quantity: 1 Unit of Issue: each Total Price:_______ CLIN 1001 Option Year I Fitness and Nutrition Program Services POP: 30 Sept 2020 - 29 Sept 2021 Firm Fixed Price Quantity: 12 Unit of Issue: month Unit Price (1 month): ________ Total Price (12 Months:_______ CLIN 1002 Option Year I CMRA Reporting POP: 30 Sept 2020 - 29 Sept 2021 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://afcmra.hqda.pentagon.mil/Login.aspx Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 tough September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: (855) 723-267 Quantity: 1 Unit of Issue: each Total Price:_______ CLIN 2001 Option Year II Fitness and Nutrition Program Services POP: 30 Sept 2021 - 29 Sept 2022 Firm Fixed Price Quantity: 12 Unit of Issue: month Unit Price (1 month): ________ Total Price (12 Months:_______ CLIN 2002 Option Year II CMRA Reporting POP: 30 Sept 2021 - 29 Sept 2022 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://afcmra.hqda.pentagon.mil/Login.aspx Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 tough September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: (855) 723-267 Quantity: 1 Unit of Issue: each Total Price:_______ CLIN 3001 Option Year III Fitness and Nutrition Program Services POP: 30 Sept 2022 - 29 Sept 2023 Firm Fixed Price Quantity: 12 Unit of Issue: month Unit Price (1 month): ________ Total Price (12 Months:_______ CLIN 3002 Option Year III CMRA Reporting POP: 30 Sept 2022 - 29 Sept 2023 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://afcmra.hqda.pentagon.mil/Login.aspx Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 tough September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: (855) 723-267 Quantity: 1 Unit of Issue: each Total Price:_______ CLIN 4001 Option Year IV Fitness and Nutrition Program Services POP: 30 Sept 2023 - 29 Sept 2024 Firm Fixed Price Quantity: 12 Unit of Issue: month Unit Price (1 month): ________ Total Price (12 Months:_______ CLIN 4002 Option Year IV CMRA Reporting POP: 30 Sept 2023 - 29 Sept 2024 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://afcmra.hqda.pentagon.mil/Login.aspx Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 tough September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: (855) 723-267 Quantity: 1 Unit of Issue: each Total Price:_______ CLIN 5001 Option: 6 month extension IAW 52.217-8, Fitness and Nutrition Program Services POP: 30 Sept 2024- 29 Mar 2025 Firm Fixed Price Quantity: 6 Unit of Issue: month Unit Price (1 month): ________ Total Price (6 Months):_______ Wage Determination No.: 2015-4394, Revision 10 Dated 16 July 2019 applies The following provisions and clauses are applicable to this solicitation: CLAUSES INCORPORATED BY REFERENCE 52.204-7, System for Award Management 52.204-13 System for Award Management Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications. 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters Provision- 52.211-6-- Brand Name or Equal Provision - 52.212-1, Instructions to Offerors Provision - 52.212-3, Offerors Representations and Certifications - Commercial Items 52.212-4 Contract Terms and Conditions--Commercial Items 52.224-1, Privacy Act Notification 52.224-2, Privacy Act 52.222-50 Combating Trafficking in Persons 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.245-1 (Alt 1), Government Furnished Property 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7000 Disclosure of Information 252.204-7003 Control Of Government Personnel Work Product 252.204-7004 Antiterrorism Awareness Training for Contractors 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls 252.204-7006 Billing Instructions 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.205-7000 Provision Of Information To Cooperative Agreement Holders 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism 252.211-7003 Unique Identification and Valuation 252.223-7008 Prohibition of Hexavalent Comium 252.225-7001 Buy American And Balance Of Payments Program-- Basic 252.225-7002 Qualifying Country Sources As Subcontractors 252.225-7048 Export-Controlled Items 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7001 Pricing Of Contract Modifications 252.243-7002 Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Items 252.247-7023 Transportation of Supplies by Sea CLAUSES INCORPORATED FULL TEXT P- 52.212-1, Instructions to Offerors- Commercial Items (DEVIATION 2018-O0018) Addendum to 52.212-1: Limit your past performance/technical/price proposal to 15 pages. Technical proposal shall address how you intend to meet or exceed the scope of work as stated in the PWS. P- 52.212-2, Evaluation-Commercial Items: The Government will award a firm-fixed priced contract. Only one award will be made. The Government intends to award a firm-fixed price contract to the responsible vendor whose quote conforming to the solicitation provides the Best Value to the Government. "Best value" means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. In accordance with FAR 12.602 & FAR 13.106-2, technical, price & past performance information will be considered in the streamlined evaluation. This may result in award being made to a higher-rated, higher-priced quote. The Past Performance factor is somewhat more important than the Technical Factor. The Technical factor is somewhat more important than the Price factor. When combined, all non-price factors are more important than the Price factor. The Government's selection of a higher-rated, higher-priced quote will be supported by a determination that the technical/past performance superiority warrants the additional cost involved. Offerors are encouraged to submit past performance references. Offerors may submit past performance references. Past performance may be based on one or more of the following: Contracting Officer's prior knowledge/experience; customer past performance inquiry replies; PPIRS/FAPII, or any other reasonable basis. While the Government and the Source Selection Authority will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit toughout the entire evaluation process. Award may be made without discussions. Pricing will be evaluated inclusive of all options, to include 52.217-9 and 52.217-8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2019) (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.) ___ (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). __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 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] __X_ (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). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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] __X__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Deviation 2019 O00003) ____ (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. __X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). (over SAT) ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) 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 (Deviation 2019 O00003) ____ (20) 52.219-16, Liquidated Damages-Subcon-tracting 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 (July 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)). __X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). ____ (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. ____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212). ____ (ii) Alternate I (July 2014) of 52.222-35. ____ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). ____ (ii) Alternate I (July 2014) of 52.222-36. ____ (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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (March 2, 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). (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)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693). ____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693). ____ (38) (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. ____ (39)(i) 52.223-14, Acquisition of EPEAT Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-14. ____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). ____ (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). ____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693). ____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693). ____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). ____ (ii) Alternate I (JAN 2017) of 52.224-3. ____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ____ (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. ____ (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. ____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X__ (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). ____ (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). ____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __X__ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). ____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (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). ____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). ____ (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). ____ (ii) Alternate I (Apr 2003) of 52.247-64. ____ (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). Fill-In: Certified Personal Trainer or Fitness Expert NF-02 Certified Nutritionist or Registered Dietitian GS-09/11 __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). (over SAT Services) _____ (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). __X___(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). (Services subject to SCA) _____ (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). (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) 52.204-23, 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 (Oct 2018) (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) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). _____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (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. 12989). (xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (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. (End of clause) 52.217-8 -- Option to Extend Services. 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 within 1 business day, provided preliminary notice of 30 days is given. (End of Clause) 52.217-9 -- Option to Extend the Term of the Contract. (a) The Government may extend the term of this contract by written notice to the Contractor within within 1 business day, provided preliminary notice of 30 days is given. 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 6 months before the contract expires. (End of Clause) 52.219-28 , Post-Award Small Business Program Rerepresentation 52.252-2 -- Clauses Incorporated by Reference. 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(es): https://www. acquisition.gov (End of Clause) 52.252-6 -- Authorized Deviations in Clauses. (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) 252.232-7006, Wide Area Workflow ln no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby notified that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation from the written terms of the contract. Payments or Partial payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government. 252.232-7006 Wide Area WorkFlow Payment Instructions. As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) (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. "Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order: (1) Document type. The Contractor shall submit payment requests using the following document type(s): (i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. (ii) For fixed price line items- (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. (B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. Invoice 2in1 (iii) For customary progress payments based on costs incurred, submit a progress payment request. (iv) For performance based payments, submit a performance based payment request. (v) For commercial item financing, submit a commercial item financing request. (2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.] (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* Pay Official DoDAAC HQ0670 Issue By DoDAAC W91242 Admin DoDAAC W91242 Service Approver (DoDAAC) TBD Service Acceptor (DoDAAC) TBD (4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. (5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. (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. amy.b.daniels2.civ@mail.mil (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. (End of clause) All information relating to this solicitation will be posted on the website this solicitation has been posted within. Formal communications such as request for clarifications and/or information concerning this solicitation must be submitted in writing via e-mail (it is the responsibility of the vendor to verify email receipt). NO TELEPHONIC REQUESTS FOR INFORMATION WILL BE HONORED. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. Funds are not presently available for this solicitation. No award will be made unless funds become available to make payment under an order. The government reserves the right to cancel this solicitation at any time without any obligation to the offeror by the government. . W9124219Q0025 Department of the Army North Carolina Army National Guard
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