COMBO_MatControl_FA4626-22-Q-0005.pdf

MALMSTROM AFB, MT

Material Control

FA4626-22-Q-0005

(1) This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(2) This solicitation is issued as a request for quote (RFQ). Submit written quotes (oral quotes will not be accepted) on RFQ reference number FA4626-22-Q-0005.

(3) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.

(4) The Department of Labor Wage Determination 2015-5391, Revision 15 dated 12/27/2021, is incorporated by reference. The full text can be accessed electronically at https://www.SAM.gov/.

(5) This procurement is being solicited as a small business requirement. The North American Industry Classification System (NAICS) code is 561210 with a small business size standard of $41.5M.

(6) Requirement: When submitting your quotation, please utilize Attachment 2 Bid Schedule for Contract Line Item Numbers (CLINs) formatting. Offerors shall complete the Bid Schedule in its entirety.

(7) Please refer to Attachment 1 Performance Work Statement (PWS) for Material Control service requirements.

(8) Period of Performance, 5 years: One (1) Base Year and Four (4) Option Periods, (1 August 2022 through 31 July 2027).

(9) The provision at FAR 52.212-1, Instructions to Offerors—Commercial Items (Nov 2021), applies to this acquisition.

FAR 52.212-1 Addenda:

Offerors’ quotations shall conform to the required PWS as referenced in paragraph (7) above and as attached to this solicitation therein. The Offeror shall complete pricing for the specific services listed within the attached Bid Schedule (Attachment 2). The award CLIN structure will be made in accordance with the Bid Schedule. Any Offeror not conforming to the requirements herein shall be deemed ineligible for award.

A. Each Offeror shall submit three technical requirements: Technical Questionnaire, Mission Essential Plan, Phase-In Plan, and Quality Control Plan. Each acceptable offer will be ranked on all three combined components.

1) Each Offeror shall submit the Technical Questionnaire (Attachment 3), outlines the Offeror’s intentions to meet the technical requirements in the PWS (Attachment 1). Questionnaires shall be reviewed by the Government for completeness derived from meeting the technical requirements in the PWS. The questionnaire will be used to determine the Offeror's understanding of the requirement. Any Offeror not conforming to the requirements herein shall be deemed ineligible for award.

https://www.sam.gov/

2) Each Offeror shall submit a Mission Essential Plan, IAW DFARS Subpart 237.76, Continuation of Essential Contactor Services. The Government determined Material Control services to be essential contractor services during a crisis and the contractor shall be prepared to continue providing such services, in accordance with the terms and conditions of their contracts.

An Offeror’s Mission Essential Plan contents shall be IAW DFARS Provision 252.237-7024, Notice of Continuation of Essential Contractor Services (see provision in full text at Paragraph 14 on page 11 of this document). The Offeror’s Mission Essential Plan shall be incorporated in the contract at award.

3) Each Offeror shall submit a Phase-In Plan, indicating how the Offeror will transition from the current material control contract to the new contract on 1 August 2022. The plan shall be written assuming 2 months from receipt of the Letter of Intent to Award through award of the contract (1 June 2022 through 1 August 2022). The Phase-In Plan will chronologically outline how the Offeror will successfully start performance, complete transition, be fully operational, and be within the schedule and performance parameters of the contract. This plan shall show, but not limited to, how the contractor intends to keep its materials and equipment separate from the incumbent, obtain off-base facilities, purchase and receive equipment, and meet the other requirements in the PWS by the 01 August 2022 contract start date.

B. Offerors shall submit Section 889 Representations and Certifications IAW FAR Provision 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, and FAR Clause 52.204-26, Covered Telecommunications Equipment or Services – Representation.

Offerors, shall check the appropriate boxes on page 3 and sign the bottom of page 5. If the Offeror has already added and completed 52.204-26 in the System for Award Management (SAM.gov) at https://www.sam.gov, the Offeror need only submit a copy of the filled-out clause from SAM.gov.

C. Each Offeror shall submit a Quality Control Plan IAW PWS, para. 4.1. The Material Control Quality Assurance Surveillance Plan (QASP) is attached (Attachment 5) for your reference. This Quality Control Plan is a required submittal, but will not be evaluated as part of the evaluation process.

D. Each Offeror shall submit the Past Performance Worksheet (Attachment 6). The Offeror shall submit up to three (3) past performance contacts. The Offeror shall choose past or current contracts (within the last three years) that show a measure of Offeror’s ability to successfully perform based on previous and current contract efforts.

E. Summary of Solicitation Submittal Requirements by Offerors:

(1) Bid Schedule (Attachment 2)

(2) Technical Questionnaire (Attachment 3)

(3) Mission Essential Plan

(4) Phase-In Plan

(5) Section 889 Representations and Certifications or if the Offeror has already updated FAR Clause 52.204-26 in SAM.gov, they need only submit a copy of the clause from SAM.gov.

(6) Quality Control Plan

(7) Past Performance Worksheet (Attachment 7)

Please note, requests for such information do not constitute a contract award. The Government reserves the right to cancel this RFQ at any time.

F. Base Access Supplemental Information – REAL ID ACT: For either the site visit (if required) or submission of quotations, all personnel requesting access to Malmstrom Air Force Base must possess a valid State or U.S. Government picture identification card. Furthermore, individuals presenting identification cards from a state that is non-compliant with the REAL ID Act will require additional documentation to gain unescorted base access. Additional documentation includes a valid U.S. or foreign government-issued passport, an employment authorization document that contains a photograph, or identification cards issued by federal, state, or local government agencies that include a photo and biographic information. A full list of REAL ID Act compliant and non-complaint states can be found at https://www.dhs.gov/current-status-states-territories. Personnel requesting vehicle access to Malmstrom Air Force Base must provide a valid driver's license, current vehicle registration and valid vehicle insurance.

Also see “Installation Perimeter Access Control” memorandum, dated 13 Aug 2018, Attachment 4, to this solicitation.

G. A pre-proposal conference will be conducted at 2:30 PM local time on 14 April 2022, in Bldg 145, 341st Contracting Squadron, Malmstrom AFB, MT for the purpose of answering questions regarding this solicitation. Contractors will be at the Visitor Control Center at 1:30 PM if interested in attending the sited visit.

1) Submit the names of all attendees, not to exceed (4) personnel, to the acquisition POCs Karen Broughton and Shanna Guillen at 341 CONS/PKB, via email at karen.broughton@us.af.mil and shanna.guillen@us.af.mil, prior to 2:00pm local time, 8 April 2022. This information must be provided in advance and may require compliance with the REAL ID Act in order to ensure access to the military base/conference site. Any questions regarding access to the installation should be directed to the acquisition POCs listed herein.

2) Offerors are requested to submit questions in advance to the acquisition POCs listed in the previous paragraph not later than the day prior to the pre-proposal conference. Information provided at this conference shall not qualify the terms and conditions of the solicitation. Terms of the solicitation remain unchanged unless amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of the amendment shall apply.

H. System for Award Management (SAM.gov): Offerors shall be registered in the SAM.gov database when submitting an offer or quotation, and shall continue to be registered until time of award, during performance and through final payment of the contract resulting from this solicitation. SAM.gov registration must be current at the time of award and have completed the annual representations and certifications section IAW FAR 4.1102.

I. Notice to Offerors/Suppliers: Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

J. Each Offeror’s quotation must remain valid through 01 August 2022. The expiration date of your quotation must be clearly marked.

(10) The provision at FAR 52.212-2, Evaluation—Commercial Items (Oct 2014), applies to this acquisition. Specific evaluation criteria are included in paragraphs (a) through (i) of this provision.

http://www.dhs.gov/current-status-states-territories

FAR 52.212-2 Evaluation:

A. Quotations will be evaluated based upon conformance to the provision FAR 52.212-1, Instructions to Offerors Addenda, in paragraph 9 above, for completeness. Nonconformance to Instructions to Offerors may be grounds for an incomplete determination and evaluation of the quote will cease.

B. The Government seeks to award to the responsive, responsible Offeror whose quote is considered the best value to the Government considering Price, Technical Factors, and Past Performance. Only one award will be made as a result of this solicitation.

C. Two evaluation factors will be used to evaluate quotes: Technical Factors (Technical Questionnaire, Mission Essential Plan and Phase-In Plan), Past Performance, and Price. The Multi-Function team will evaluate the offers using the trade-off process, where the decision is consistent with the evaluation criteria herein and constitutes best value to the Government.

D. The evaluation process shall proceed as follows:

Step 1: Evaluate all offers for completeness.

Step 2: Evaluate all offers’ technical components (Technical Questionnaire, Mission Essential Plan and Phase-In Plan). Each will be given a rank among all offerers.

Step 3: Evaluate all Offeror’s past performance to which all offers will receive an integrated overall performance rating.

Step 4: Evaluate all complete offers based upon Offeror’s Total Evaluated Price (TEP), lowest to highest.

Step 5: Quotes shall then be evaluated based upon best value to the Government. The Trade-off method may be utilized if it is more advantageous to the Government to award to a higher priced, higher ranked technical offer with a better past performance rating.

E. Factor 1: Technical Factors: There three technical components to Factor 1. The Technical Questionnaire will be evaluated for completeness and technical capability then ranked among all offers.

1) Technical Questionnaire: Offerors shall submit the Technical Questionnaire (Attachment 3), outlines the Offeror’s intentions to meet the technical requirements in the PWS (Attachment 1).

Questionnaires shall be reviewed by the Government for completeness and understanding derived from meeting the technical requirements in the PWS.

2) Mission Essential Plan: Offerors shall submit a Continuation of Mission Essential Contractor Services Plan (Mission Essential Plan) for the contractor-provided refuse and recycling collection services to continue during a crisis. The Mission Essential Plan shall become part of the contract.

Each Offeror’s Mission Essential Plan will be evaluated on how the Offeror will technically continue services during a crisis and the risk of unsuccessful performance.

3) Phase-In Plan: Each Offeror shall submit a Phase-In Plan, indicating how the Offeror will transition from the current material control contract to the new contract on 1 August 2022. The plan shall be written assuming 2 months from receipt of the Letter of Intent to Award through award of the contract (1 June 2022 through 1 August 2022). The Phase-In Plan will chronologically outline how the Offeror will successfully start performance, complete transition, be fully operational, and be within the schedule and performance parameters of the contract. This plan shall show, but not limited to, how the contractor intends to keep its materials and equipment separate from the incumbent, obtain off-base facilities, purchase and receive equipment, and meet the other requirements in the PWS by the 01 August 2022 contract start date.

F. Factor 2: Past Performance Assessment

1) Offerors shall submit up to three (3) past performance contacts using the Past Performance Worksheet (Attachment 6), and will be evaluated on recency and relevancy. Each Offeror will receive an integrated overall performance rating. Performance will be evaluated as a measure of Offeror’s ability to successfully perform based on previous and current contract efforts.

2) Verification of performance information will be handled by any means available. In the event the 341st Contracting Squadron is unable to verify data submitted within the Past Performance Worksheet, the Offeror will receive a performance rating of neutral for that reference as neither favorable nor unfavorable.

3) For the purpose of this evaluation, “recent” is defined as performance occurring within the last three (3) years from the date of release of this RFQ. “Relevance” is defined as past or current contracts (including Federal, State, and local government and private) for efforts similar to this Government requirement. The following is the description of the rating scale for Past Performance.

PAST PERFORMANCE ASSESSMENTS

Rating Description

Exceptional

The Contractor’s past performance meets evaluation requirements and exceeds many (requirements) to the Government’s benefit. The contractual performance may have been accomplished with few minor problems.

Very Good

The Contractor’s performance meets evaluation requirements and exceeds some (requirements) to the Government’s benefit. The contractual performance may have been accomplished with some minor problems.

Satisfactory The Contractor’s performance meets evaluation requirements. The contractual performance contained some minor problems.

Marginal Performance does not meet some evaluation requirements. The contractual performance may reflects a serious problem.

Unsatisfactory Performance does not meet most requirements and recovery is not likely in a timely manner.

Neutral Unable to assess or validate the reference.

G. FACTOR 3: Price

1) All complete offers will be sorted in order from lowest to highest based on the Total Evaluated Price (TEP).

2) The Offeror's total proposed price will be determined by multiplying the maximum quantities identified in the Bid Schedule, Attachment 2, by the unit price, limited to two decimal places for each line item, to confirm the extended total amount for each line item. The sum of all extended amounts for each year of the ordering period will be entered in the summary, page 1 of the Bid Schedule. The total of five years of the ordering period will be the Offeror's total proposed price.

3) In order to meet the requirements of FAR Parts 6 and 17, the Government will evaluate the option to extend services under FAR Clause 52.217-8 by adding one-half of the Offeror's final year of the five-year ordering period prices to the Offeror's total proposed price. Offerors are required only to price the five years of the ordering period. Offerors shall not submit a price for the potential six-month extension of services period.

4) The Offeror's Total Evaluated Price (TEP) will include one (1) base year, four (4) option periods, and the potential six-month extension.

H. Quotes shall be evaluated based upon best value to the Government. Trade-offs may be utilized if it is more advantageous to the Government to award to a higher priced quote based on TEP. Then the apparent awardee’s quotation shall be evaluated referencing any or all of the supplemental information in accordance with DFARS section 212.209, Determination of Price Reasonableness, to determine awardability of apparent awardee’s quotation. Should the quotation be deemed fair and reasonable, award shall be made accordingly.

(11) The provision at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items (Nov 2021) with its Alternate I (Nov 2021), applies to this acquisition. The Offeror shall have completed the annual representations and certification electronically in the System for Award Management (SAM.gov) accessed through https://www.sam.gov.

(12) The clause at FAR 52.212-4, Contract Terms and Conditions—Commercial Items (Nov 2021), applies to this acquisition.

(13) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jan 2022), applies to this acquisition. Additionally, the following FAR clauses cited in FAR 52.212-5 apply to this acquisition:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (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 (Jun 2010) (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. (Nov 2021) (31 U.S.C. 6101 note).

X (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 (Sep 2021) of 52.219-3.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (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 (Nov 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) 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)).

X (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 (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 (Oct 2019) (15 U.S.C. 657f).

X (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)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_(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.

_X_(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.

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_(33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (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 (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 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®-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).

_ X _ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_X_ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (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 (Oct 2019) (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 (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (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)(13)).

__ (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).

EMPLOYEE CLASS MONETARY WAGE FRINGE BENEFITS

01410 – Supply Technician $ 28.13 $ 10.20 01192 – Order Clerk II $ 14.30 $ 5.18 21150 – Stock Clerk $ 18.33 $ 6.64 21410 – Warehouse Specialist $ 19.08 $ 6.92

_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).

_ _(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).

_X_ (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 threshold, 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 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.

(vi) 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.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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 and E.O 13627).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(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)

(14) The following additional contract requirement(s) or terms and conditions apply to this acquisition and are consistent with customary commercial practices:

252.237-7023 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010) applies to this acquisition and the Mission Essential Plan requirements to be submitted with the Offerors’ quote, as stated in paragraph 9.a.ii. On page 2 of this document.

(a) Definitions. As used in this clause-

(1) Essential contractor service means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.

(2) Mission-essential functions means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission-essential functions. These services are listed in attachment 01, Performance Work Statement (Mission-Essential Contractor Services).

(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.

(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.

(d)(1) Notwithstanding any other clause of this contract, the Contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.

(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this clause during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government's efforts to maintain the continuity of operations.

(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel, or contract support from other contractors, or to enter into new contracts for essential contractor services.

(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor's notice shall include the Contractor's proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor's proposal.

(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.

(End of clause)

The provision at DFARS 252.237-7024, Notice of Continuation of Essential Contractor Services (Oct 2010), applies to this acquisition and the Mission Essential Plan requirements to be submitted with the Offerors’ quote, as stated in paragraph 9.a.ii. On page 2 of this document.

(a) Definitions “Essential contractor service” and “mission-essential functions” have the meanings given in the clause at 252.237-7023 , Continuation of Essential Contractor Services, in this solicitation.

(b) The offeror shall provide with its offer a written plan describing how it will continue to perform the essential contractor services listed in attachment 01, Performance Work Statement, Mission Essential Contractor Services, dated 04 March 2022, during periods of crisis. The offeror shall– https://www.acquisition.gov/dfars/252.237-7023-continuation-essential-contractor-services.#DFARS-252.237-7023

(1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed;

(2) Address in the plan, at a minimum—

(i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves;

(ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site;

(iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home;

(iv) Any established alert and notification procedures for mobilizing identified “essential contractor service” personnel; and

(v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis.

(End of provision)

(15) The following additional contract requirement(s) or terms and conditions apply to this acquisition and are consistent with customary commercial practices.

FAR 52.202-1, Definitions (Jun 2020) FAR 52.203-3, Gratuities (Apr 1984) FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Jun 2020) FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) FAR 52.203-16, Preventing Personal Conflicts of Interest (Jun 2020) FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements - -Representation (Jun 2020) FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-7, System for Award Management (Oct 2018) FAR 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-13, System for Award Management Maintenance (Oct 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) FAR 52.204-22, Alternative Line Item Proposal (Jan 2017)

FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (Jun 2018) FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Sec 2019) FAR 52.209-7, Information Regarding Responsibility Matters (Oct 2018) FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) FAR 52.217-2, Cancellation under Multi-year Contracts (Oct 1997) FAR 52.223-1, Biobased Product Certification FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) FAR 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) FAR 52.223-6, Drug-Free Workplace (May 2001) FAR 52.223-10, Waste Reduction Program (May 2011) FAR 52.223-17, Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (Aug 2018) FAR 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certification (Jun 2020) FAR 52.229-3, Federal, State, and Local Taxes (Feb 2013) FAR 52.232-18, Availability of Funds (Apr 1984) FAR 52.232-23, Assignment of Claims (May 2014) FAR 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1, Disputes (May 2014) FAR 52.233-2, Service of Protest (Sept 2006) FAR 52.237-1, Site Visit (Apr 1984) FAR 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) FAR 52.237-3 Continuity of Services (Jan 1991) FAR 52.242-13, Bankruptcy (Jul 1995) FAR 52.249-2, Termination for Convenience of the Government (Fixed-Price) (Apr 2012) FAR 52.249-8, Default (Fixed-Price Supply and Service) (Apr 1984) FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) FAR 52.252-3, Alterations in Solicitation (Apr 1984) FAR 52.252-4, Alterations in Contract (Apr 1984) FAR 52.252-5, Authorized Deviations in Provisions (Sep 1999) FAR 52.252-6, Authorized Deviations in Clauses (Apr 1984) DFARS 252.201-7000, Contracting Officer's Representative (Dec 1991) DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.204-7003, Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7004, DoD Antiterrorism Awareness Training for Contractors (Feb 2019) DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019)

DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (May 2016) DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (Dec 1991) DFARS 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (May 2019) DFARS 252.215-7008, Only One Offer (Jul 2019) DFARS 252.215-7013, Supplies and Services Provided by Nontraditional Defense Contractors (Jan 2018) DFARS 252.222-7999, Combating Race and Sex Stereotyping (DEVIATION 2021-O0001) DFARS 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials—Basic (Sep 2014) DFARS 252.225-7000, Buy American - Balance of Payments Program Certificate (Dec 2017) DFARS 252.225-7001, Buy American and Balance of Payments Program (Dec 2017) DFARS 252.225-7002, Qualifying Country Sources as Subcontractors (Dec 2017) DFARS 252.225-7012, Preference for Certain Domestic Commodities (Dec 2017) DFARS 252.225-7048, Export Controlled Items (Jun 2013) DFARS 252.226-7001, Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004) DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) DFARS 252.232-7006, Wide Area Workflow Payment Instructions (Dec 2018) DFARS 252.232-7007, Limitation of Government's Obligation (Apr 2014) DFARS 252.232-7010, Levies on Contract Payments (Dec 2006) DFARS 252.237-7023, Continuation of Essential Contractor Services (Oct 2010) DFARS 252.243-7001, Pricing of Contract Modifications (Dec 1991) DFARS 252.243-7002, Requests for Equitable Adjustment (Dec 2012) DFARS 252.244-7000, Subcontracts for Commercial Items (Jun 2013) DFARS 252.247-7023, Transportation of Supplies by Sea—Basic (Feb 2019) AFFARS 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (Oct 2019) AFFARS 5352.223-9001, Health and Safety on Government Installations (Oct 2019) AFFARS 5352.242-9000, Contractor Access To Air Force Installations (Oct 2019)

CLAUSES INCORPORATED BY FULL TEXT

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and six months.

(End of clause)

5352.201-9101 OMBUDSMAN (Oct 2019)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(…