Combo Solicitation FA820121R0010.pdf
PDF 583 KB Posted
- Attached to
- Refuse Waste Collection Services Federal contract opportunity
- Solicitation number
- FA820121R0010
About this file
This solicitation requests offers for refuse waste collection services at Hill Air Force Base in Utah. The contractor will be responsible for emptying municipal solid waste containers, food waste containers daily when facilities are in operation, and recycling containers both government-provided and contractor-provided. The contractor must also provide roll-off containers for construction and demolition debris collection, as well as containers for scrap wood and miscellaneous refuse. Additional requirements include making unscheduled collections, load-and-go collection services, and other services defined in the attached performance work statement. Offerors must read all documents thoroughly and fill in required blanks prior to submitting an offer by 12:00 PM MST on March 3, 2021. The solicitation is set aside for small businesses and will result in a firm fixed-price contract for refuse waste collection services at Hill Air Force Base.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Revised Combo Solicitation.pdf | ||
| Revised Combo Solicitation.pdf | ||
| Attachment V - Revised Questions and Answers.pdf | ||
| Refuse Pricing Matrix (002).xlsx | XLSX spreadsheet | |
| Attachment I - PWS Dated 22 Feb 21.pdf | ||
| Attachment V - RFP Questions and Answers.pdf | ||
| Combo Solicitation FA820121R0010.pdf | ||
| Attachment I - Performance Work Statement.pdf | ||
| Attachment IV - Addendum to FAR 52.212-2.pdf | ||
| Attachment III - Addendum to FAR 52.212-1.pdf | ||
| Attachment II - Wage Determination 2015-5483.pdf |
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Text version
In accordance with FAR 12.603(c)(2): 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 solicitation, FA820121R0010 – Refuse, is being issued as a Request for Proposal (RFP). This solicitation document, which incorporates provisions and clauses for commercial services, are those in effect through Federal Acquisition Circular (FAC) 2021-02. This procurement is a 100% Small Business set-aside in accordance with (IAW) FAR 19.502-2(a).
The Government intends to award a Firm Fixed Price Contract based on Lowest Price Technically Acceptable.
The associated NAICS code for this acquisition is 562111 with a size standard of $41.5M.
The subject RFQ number is: FY21- FA820121R0010 – Refuse
Hill AFB, UT 84056 plans to acquire the following project: Refuse
The RFP is for the purchase of a Refuse services used to collect waste and promote health and wellness at Hill AFB, US. Failure to make an offer on all CLINs may render the proposal unacceptable and ineligible for award consideration.
Pricing Matrix-Class Price List:
Item Description QTY Unit Total Price
0001 MUNICIPAL
SOLID WASTE
COLLECTION -
IAW Attached Performance
Work Statement(PWS)
1 Lot
0002 FOOD WASTE
HAULING TO
DIGESTER IAW
Attached PWS
1 Lot
0003 RECYCLABLE
COLLECTION IAW
Attached PWS
1 Lot
0004 Unscheduled Items Pick-up and Special Events, Emergency.
Requirements IAW Attached
PWS 1.1.3.1,
1.1.3.7, 1.1.3.8, 1.1.3.9, 1.1.8.2
1 Lot
0005 Construction and Demolition Debris Pick-up
(PWS 1.1.3.2,
[NOT FOR
CONSTRUCTION
CONTRACT (SRM)
DEBRIS]
1 Lot
0006 Additional Pickups (PWS 1.1.3.6)
CLIN 0013
1 Lot
0007 Container Relocations
(PWS
1.1.3.7)
1 Lot
0008 Landfill Tipping Fees 1 Lot
Base Year Total:
1001 MUNICIPAL
SOLID WASTE
COLLECTION -
IAW Attached Performance
Work Statement(PWS)
1 Lot
1002 FOOD WASTE
HAULING TO
DIGESTER IAW
Attached PWS
1 Lot
1003 RECYCLABLE
COLLECTION IAW
Attached PWS
1 Lot
1004 Unscheduled Items Pick-up and Special Events, Emergency.
Requirements IAW Attached
PWS 1.1.3.1,
1.1.3.7, 1.1.3.8, 1.1.3.9, 1.1.8.2
1 Lot
1005 Construction and Demolition Debris Pick-up
(PWS 1.1.3.2,
[NOT FOR
CONSTRUCTION
CONTRACT (SRM)
DEBRIS]
1 Lot
1006 Additional Pickups (PWS 1.1.3.6)
CLIN 0013
1007 Container Relocations
(PWS
1.1.3.7)
1 Lot
1008 Landfill Tipping Fees 1 Lot
Option Year 2 Total:
2001 MUNICIPAL
COLLECTION -
IAW Attached Performance
Work Statement(PWS)
1 Lot
2002 FOOD WASTE
HAULING TO
DIGESTER IAW
Attached PWS
1 Lot
2003 RECYCLABLE
COLLECTION IAW
Attached PWS
1 Lot
2004 Unscheduled Items Pick-up and Special Events, Emergency.
Requirements IAW Attached
PWS 1.1.3.1,
1.1.3.7, 1.1.3.8, 1.1.3.9, 1.1.8.2
1 Lot
2005 Construction and Demolition Debris Pick-up
(PWS 1.1.3.2,
[NOT FOR
CONSTRUCTION
CONTRACT (SRM)
DEBRIS]
1 Lot
2006 Additional Pickups (PWS 1.1.3.6)
CLIN 0013
1 Lot
2007 Container Relocations
(PWS
1.1.3.7)
1 Lot
2008 Landfill Tipping Fees 1 Lot
2 Total:
3001 MUNICIPAL
COLLECTION -
IAW Attached Performance
Work Statement(PWS)
3002 FOOD WASTE
HAULING TO
DIGESTER IAW
Attached PWS
1 Lot
3003 RECYCLABLE
COLLECTION IAW
Attached PWS
1 Lot
3004 Unscheduled Items Pick-up and Special Events, Emergency.
Requirements IAW Attached
PWS 1.1.3.1,
1.1.3.7, 1.1.3.8, 1.1.3.9, 1.1.8.2
1 Lot
3005 Construction and Demolition Debris Pick-up
(PWS 1.1.3.2,
[NOT FOR
CONSTRUCTION
CONTRACT (SRM)
DEBRIS]
1 Lot
3006 Additional Pickups (PWS 1.1.3.6)
CLIN 0013
1 Lot
3007 Container Relocations
(PWS
1.1.3.7)
1 Lot
3008 Landfill Tipping Fees 1 Lot
3 Total:
4001 MUNICIPAL
COLLECTION -
IAW Attached Performance
Work Statement(PWS)
Lot
4002 FOOD WASTE
HAULING TO
DIGESTER IAW
Attached PWS
1 Lot
4003 RECYCLABLE
COLLECTION IAW
Attached PWS
1 Lot
4004 Unscheduled Items Pick-up and Special Events, Emergency.
Requirements IAW Attached
PWS 1.1.3.1,
1.1.3.7, 1.1.3.8, 1.1.3.9, 1.1.8.2
4005 Construction and Demolition Debris Pick-up
(PWS 1.1.3.2,
[NOT FOR
CONSTRUCTION
CONTRACT (SRM)
DEBRIS]
1 Lot
4006 Additional Pickups (PWS 1.1.3.6)
CLIN 0013
1 Lot
4007 Container Relocations
(PWS
1.1.3.7)
1 Lot
4008 Landfill Tipping Fees 1 Lot
4 Total:
Base Year + All Option
Years Grand Total:
PLEASE REVIEW/PROVIDE ALL INFORMATION BELOW:
Shipping/Transportation will be FOB: Destination
Payment Terms (NET 30, Discounts, etc.):
Delivery Date:
Company Name:
DUNS #:
Cage Code #:
POC:
Telephone #:
E-Mail Address:
Tax ID #:
Warranty Information:
Do you have the capacity to invoice electronically (invoicing through WAWF)?
The Government reserves the right to award on a an all or none basis. All firms must be registered in the System for Award Management database @ www.beta.sam.gov prior to consideration for award.
**Offers are due by 12:00 p.m. Mountain Standard Time (MST), 3 March 2021.
Interested parties shall submit their quotes via email to (SSgt Michael L. Merrell) at:
michael.merrell@us.af.mil**
**A formal site visit will not be conducted for this requirement. Any questions are due to the Contract Administrator, SSgt Michael L. Merrell at michael.merrell@us.af.mil NLT 12:00 p.m. MST on 15 February 2021.**
Attachments (4):
1. Performance Work Statement dated 22 December 2020
2. Wage Determination 2015-5483
3. Addendum to FAR 52.212-1, Instructions to Offerors
4. Addendum to FAR 52.212-2, Evaluation Factors
The following provisions and clauses in their latest editions apply to this acquisition;
offerors must comply with all instructions contained therein, and complete the fill-in provisions/clauses listed below, as applicable/necessary:
212-2
FA820121R0010 (Not Set)
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO CLAUSE TITLE YEAR-
MO SECTION
252.203-7000 Requirements Relating to Compensation of Former DoD 2011-09 SEC I
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 SEC I
Government of a Country that is a State Sponsor of Terrorism.
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2019-04 SEC I
2018-12 SEC G
252.232-7010 Levies on Contract Payments. 2006-12 SEC I
252.232-7017 Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration.
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
2020-04 SEC I
2013-06 SEC I
SOLICITATION NUMBER DOCUMENT NUMBER
252.203-7002
Officials Requirement to Inform Employees of Whistleblower Rights.
2013-09
SEC I
252.203-7005
Representation Relating to Compensation of Former DoD Officials. As prescribed in 203.171-4(b), insert the following
2011-11
SEC K
provision:
252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 SEC I
Personnel.
252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I 252.244-7000 Subcontracts for Commercial Items. 2020-10 SEC I
Prohibition on Contracting with Entities that Require Certain 52.203-18 Internal Confidentiality Agreements or Statements- 2017-01 SEC I
Representation.
52 203-6 ALT I Restrictions on Subcontractor Sales to the Government. - 1995-10 SEC I (Alternate I) 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I 52.204-7 System for Award Management. 2018-10 SEC K 52.219-33 Nonmanufacturer Rule. 2020-03 SEC I 52.229-12 Tax on Certain Foreign Procurements. 2020-06 SEC I
Providing Accelerated Payments to Small Business
2016-10 SEC L
2019-12 SEC I
2016-05 SEC I
2020-11 SEC I
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the 2019-05
252 215-7013 Supplies and Services Provided by Nontraditional Defense 2018-01
SEC I
SEC L
Contractors.
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I
52.232-40 Subcontractors. 2013-12 SEC I 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 SEC I
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2020-11 SEC L 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2020-11 SEC I
52.243-1 Changes-Fixed-Price. 1987-08 SEC I 52.243-1 ALT I Changes-Fixed-Price. - (Alternate I) 1987-08 SEC I 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 SEC I 52.249-4 Termination for Convenience of the Government (Services) 1984-04 SEC I
(Short Form).
52.249-8 Default (Fixed-Price Supply and Service). 1984-04 SEC I 52.202-1 Definitions. 2020-06 SEC I 52.203-3 Gratuities. 1984-04 SEC I
52.203-11
52.203-12
52.203-17
Certification and Disclosure Regarding Payments to Influence 2007-09 SEC K Certain Federal Transactions.
Limitation on Payments to Influence Certain Federal 2020-06 SEC I Transactions.
Contractor Employee Whistleblower Rights and Requirement 2020-06 SEC I
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.
52.209-10 Prohibition on Contracting with Inverted Domestic
2018-10 SEC I
2015-11 SEC I
Campus.
52.222-3 Convict Labor. 2003-06 SEC I
52.222-4 Contract Work Hours and Safety Standards -Overtime 2018-05 SEC I
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.
2020-06 SEC I
52.204-9
To Inform Employees of Whistleblower Rights.
Personal Identity Verification of Contractor Personnel.
2011-01
52 204-10 Reporting Executive Compensation and First-Tier Subcontract 2020-06 SEC I Awards.
52.204-13 System for Award Management Maintenance. 2018-10 SEC I
Protecting the Government's Interest When Subcontracting 52.209-6 with Contractors Debarred, Suspended, or Proposed for 2020-06 SEC I
Debarment.
Corporations.
52.217-5 Evaluation of Options. 1990-07 SEC M 52.219-6 Notice of Total Small Business Set-Aside. 2020-11 SEC I 52.219-6 ALT I Notice of Total Small Business Set-Aside. - (Alternate I) 2020-03 SEC I 52.219-8 Utilization of Small Business Concerns. 2018-10 SEC I
52.219-14 Reserve Officer Training Corps and Military Recruiting on 2020-11 SEC I
52.222-19
Compensation.
Child Labor-Cooperation with Authorities and Remedies.
2020-01
52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.222-37 Employment Reports on Veterans. 2020-06 SEC I
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-12 SEC I
52.222-41 Service Contract Labor Standards. 2018-08 SEC I Fair Labor Standards Act and Service Contract Labor 52.222-43 Standards-Price Adjustment (Multiple Year and Option 2018-08 SEC I
Contracts).
52.222-50 Combating Trafficking in Persons. 2020-10 SEC I 52.222-54 Employment Eligibility Verification. 2015-10 SEC I 52.222-55 Minimum Wages Under Executive Order 13658. 2020-11 SEC I 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I 52.223-6 Drug-Free Workplace. 2001-05 SEC I 52.223-10 Waste Reduction Program. 2011-05 SEC I
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 SEC I
52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 SEC I 52.227-1 Authorization and Consent. 2020-06 SEC I
52.228-5 Insurance-Work on a Government Installation. 1997-01 SEC I 52.229-3 Federal, State, and Local Taxes. 2013-02 SEC I 52.232-1 Payments. 1984-04 SEC I 52.232-8 Discounts for Prompt Payment. 2002-02 SEC I 52.232-17 Interest. 2014-05 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 SEC I
52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I 52.233-1 Disputes. 2014-05 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I
52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 SEC I
52.237-3 Continuity of Services. 1991-01 SEC I 52.242-13 Bankruptcy. 1995-07 SEC I 52.242-17 Government Delay of Work. 1984-04 SEC F 52.246-4 Inspection of Services-Fixed-Price. 1996-08 SEC E 52.246-25 Limitation of Liability-Services. 1997-02 SEC I
52.247-21 Contractor Liability for Personal Injury and/or Property Damage. 1984-04 SEC I
52.253-1 Computer Generated Forms. 1991-01 SEC I 252.204-7000 Disclosure of Information 2016-10 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G 252.223-7004 Drug-Free Work Force. 1988-09 SEC I
252 223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or 2014-09 SEC I Hazardous Materials.
252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
ALT NO/
DEV NO CLAUSE TITLE YEAR-
MO
CLAUSE TEXT
52.204-22 Alternative Line Item Proposal. 2017-01
As prescribed in 4.1008 , insert the following provision:
Alternative Line Item Proposal (Jan 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.
However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 2020-08
As prescribed in 4.2105(b), insert the following clause:
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.
g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.
For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);
supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;
and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:
any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.204-19 Incorporation by Reference of Representations and Certifications.
2014-12
As prescribed in 4.1202(b), insert the following clause.
Incorporation by Reference of Representations and Certifications (Dec 2014)
The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
52.222-26 Equal Opportunity. 2016-09
As prescribed in 22.810(e), insert the following clause:
Equal Opportunity (Sept 2016)
(a) Definition. As used in this clause.
Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.
Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.
Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-
(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or
(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.
Gender identity has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
Sexual orientation has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
United States, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b)(b)
(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States.
Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor’s activities (41 CFR 60-1.5).
(c) (c)
(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html
(i) Employment;
(ii) Upgrading;
(iii) Demotion;
(iv) Transfer;
(v) Recruitment or recruitment advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(5)(5)
(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-
(A) Incorporation into existing employee manuals or handbooks; and
(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.
(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.
(7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(8) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR
Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.
(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.
(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.
(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.
52.222-35 Equal Opportunity for Veterans. 2020-06
As prescribed in 22.1310(a)(1), insert the following clause:
Equal Opportunity for Veterans (Jun 2020)
(a) Definitions. As used in this clause-
“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06
As prescribed in 22.1408(a), insert the following clause:
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.
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or ServicesRepresentation.
2020-11
As prescribed in 204.2105(b), use the following provision:
PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”
(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub.
L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:
The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
http://www.sam.gov/
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material 1991-12
As prescribed in 208.7305(a), use the following clause:
INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT-FURNISHED MATERIAL (DEC
1991)
(a) The Government intends to furnish precious metals required in the manufacture of items to be delivered under the contract if the Contracting Officer determines it to be in the Government's best interest. The use of Government-furnished silver is mandatory when the quantity required is one hundred troy ounces or more. The precious metal(s) will be furnished pursuant to the Government Furnished Property clause of the contract.
(b) The Offeror shall cite the type (silver, gold, platinum, palladium, iridium, rhodium, and ruthenium) and quantity in whole troy ounces of precious metals required in the performance of this contract (including precious metals required for any first article or production sample), and shall specify the national stock number (NSN) and nomenclature, if known, of the deliverable item requiring precious metals.
Deliverable Item
Precious Metal* Quantity (NSN and Nomenclature)
*If platinum or palladium, specify whether sponge or granules are required.
(c) Offerors shall submit two prices for each deliverable item which contains precious metals--one based on the Government furnishing precious metals, and one based on the Contractor furnishing precious metals. Award will be made on the basis which is in the best interest of the Government.
(d) The Contractor agrees to insert this clause, including this paragraph (d), in solicitations for subcontracts and purchase orders issued in performance of this contract, unless the Contractor knows that the item being purchased contains no precious metals.
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
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 through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) ( e
WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f)(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.
N/A
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(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.
Combo
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(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.
(f) [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
F87700
Issue By DoDAAC
FA8201
Admin DoDAAC
FA8201
Inspect By DoDAAC
F2D0AC
Ship To Code
F2D0AC
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a) (13).)
(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.
N/A
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. 2020-10
As prescribed in 4.2105(a), insert the following provision:
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(d) Representation. The Offeror represents that—
(1) It will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.
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