Attachment 5 -- Clauses Incorporated - Offutt.pdf

Attachment 5 – Clauses Incorporated

Clauses Incorporated by Reference:

52.203-3 Gratuities APR 1984

52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services NOV 2023

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7003 Agency Office of the Inspector General AUG 2019

252.203-7004 Display of Hotline Posters JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services JAN 2023

252.211-7003 Item Unique Identification and Valuation JAN 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7001 Buy American and Balance of Payments Program FEB 2024

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2022

252.244-7000 Subcontracts for Commercial Products or Commercial Services NOV 2023

Clauses Incorporated by Full Text:

Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services

(b) Submission of offers. Submit signed and dated offers to Fatia Broussard at fatia.broussard@deca.mil and Christina Ellison at christina.ellison@deca.mil at or before the exact time specified in this solicitation. Quotes must be submitted in two distinctly severable volumes with cover pages labeled as follows: Volume I Business and Price Proposal; and Volume II Non- Price Proposal. Offers may be submitted on company letterhead stationery. As a minimum, quotes must show –

(1) The solicitation number on the cover page of each volume.

(2) The date and time specified in the solicitation for receipt of offers on the cover page of each volume.

(3) The name, mailing address and physical address, if other than the mailing address, and the name, title, email address and phone number of the authorized representative who can negotiate on behalf of the offeror shall be stated on the cover page of each volume.

(4) A Quoter’s technical proposal shall be submitted in Volume II Non-Price Proposal. The proposal shall demonstrate an exceptional approach and understanding of the requirements. The technical proposal shall be clearly labeled and individually identify each narrative’s response. Non-compliance with this solicitation requirement may result in elimination without further evaluation.

(i) Quoters shall submit a narrative outlining the company's quality, safety, and hygiene protocols for the provision of linens and mats to include industry best practices incorporated into their technical solution addressing the requirements as stated in the Statement of Work.

The narrative shall be detailed and address at a minimum the following: fabric quality and durability; appearance standards (e.g., seam integrity, staining, color uniformity, missing buttons); and standard operating procedures for laundering.

(ii) Quoters shall submit a narrative providing a comprehensive overview of the company’s operational reliability and service infrastructure to include industry best practices incorporated into their technical solution addressing the requirements as stated in the Statement of Work.

The narrative shall be detailed and address at a minimum the following: plans for coordinating delivery and pickup schedule; replacement; and contingency procedures for missed deliveries.

(iii) Quoters shall submit a narrative providing the company’s overview of the company’s internal quality control approach to include industry best practices incorporated into their technical solution addressing the requirements stated in the Statement of Work. The quality control approach shall be detailed and address at a minimum the following: incoming and outgoing quality control processes, inventory management and tracking; sanitation, hygiene, and safety standards; appearance standards; and reject or rework procedures, and corrective action timelines.

(iv) Quoters shall submit a list of certifications (e.g., Textile Rental Services Association, Certified Garment Care Professional), Occupational Safety and Health Administration (OSHA) or industry-specific compliance credentials, and dates of last audits.

mailto:fatia.broussard@deca.mil mailto:christina.ellison@deca.mil

(6) A Quoter’s price proposal and any discount terms shall be submitted in Volume I Business and Price Proposal. The price proposal shall include the firm fixed price satisfying the Government’s expressed requirement for Linen and Mat Rental and Cleaning Services and narrative responses as indicated below. The price proposal shall be clearly labeled and individually identify each narrative’s response. Non-compliance with this solicitation requirement may result in elimination without further evaluation.

(i) The Quoter shall complete the price proposal worksheet at Attachment 1. To be considered for award.

(ii) The Quoter shall provide a narrative stating assumptions incorporated into their firm fixed price, risks associated with the assumptions, and plans to mitigate the risks.

(iii) The Quoter shall provide a narrative explaining how FAR clauses 52.222-41, 52.222-42, and 52.222-43 impacted the Offeror’s firm fixed price.

(8) The quote shall include a completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically) in Volume I Business and Price Proposal.

(9) The quote shall include a signed copy of each SF 30 Amendment of Solicitation, if applicable, acknowledging the amendment in Volume I Business Proposal.

(10) The Quoter’s past performance information shall be submitted in Volume II Non-Price Proposal.

Past performance must be recent, relevant and demonstrate a high expectation that the Offeror will successfully perform the required effort. The Offeror’s past performance rating will consider the Offeror’s overall record of recency, relevancy, and quality of performance.

(i) Recent is defined as within three years of the solicitation date.

(ii) Relevant is the supply of laundered linens, mats, and mops on a rental or lease basis for grocery retailers.

(iii) Quality will at a minimum consider consistent product quality and durability; adherence to agreed-upon delivery and pickup schedules; implementation of quality control plan; and customer support (e.g., customer service, typical response time to phone and email inquiries, corrective action times).

(iv) It is the responsibility of the Offeror to ensure the reference has been properly notified to include authorized to provide information in response to a query for this solicitation.

(11) Submit company letterhead stationery in Volume I Business and Price Proposal. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the combined synopsis/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 quoter. The quoter agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.

https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3

(e) Multiple quotes. While alternative terms, line items (consistent with FAR subpart 4.10), or commercial services may be considered, submission of multiple quotes is discouraged. Quoters are encouraged to submit only one comprehensive offer that meets the requirements of this solicitation.

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the final date of the final exercised option period or any subsequent extension.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the contract performance period.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to expiration of current contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days prior to the expiration of current contract period. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, 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 (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

CONSOLIDATED WAGE DETERMINATION AND EQUIVALENT WAGE RATES

NOTE: Wage Determination information pertains to FAR Claus 52.222-41, Entitled Service Contract Labor Standards. A complete copy can be obtained at http://www.wdol.gov.

The following occupations may be applicable: Dry Cleaner – 16040, Sewing Machine Operator – 16190, Tailor - 16220

Location State County WD Number WD Rev

Number WD Date Equivalent

Wage Rate

Offutt AFB NE Sarpy 2015-5005 27 12/3/25 4/1

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(es):

https://www.acquisition.gov/browse/index/far

252.215-7008 ONLY ONE OFFER (DEC 2022)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to—

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph

(c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial http://www.wdol.gov/ https://www.acquisition.gov/browse/index/far

Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S.

Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

(a) Definitions. As used in this clause—

Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include—

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232- 16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include—

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include—

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect- Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25,Prompt Payment, is used

(2) Invoice payments do not include contract financing payments.

Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area Work Flow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., Power Track, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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 https://wawf.eb.mil/ http://www.sam.gov/

(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 through 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.

Invoice 2in1

(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 financing, submit a commercial 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*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0866 Issue By DoDAAC HQC005 Admin DoDAAC** HQC005 Insepct by DoDAAC NA Ship To Code NA Ship From Code NA Mark For Code NA Service Approver (DoDAAC) NA Service Acceptor (DoDAAC) See Schedule LPO DoDAAC NA DCAA Auditor DoDAAC NA Other DoDAAC(s) NA

(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.

Fatia Broussard, Contract Specialist: fatia.broussard@deca.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

mailto:fatia.broussard@deca.mil