Synopsis_-_Solicitation_LE_400__(002).docx

SOLICITATION F2XJA36194AW04

LE400 Textbook Refresh

I. GENERAL INFORMATION

The 42nd Contracting Squadron, 50 LeMay Plaza, Bldg 804, Maxwell AFB, AL has a requirement to purchase items and services as described in the Performance Work Statement (PWS). This is a streamlined combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice.

This announcement serves as both a notice to offerors and the solicitation, as a written solicitation will not be issued. This requirement is issued as a competitive request for quote (RFQ) using Simplified Acquisition Procedures under FAR Part 13.5 (Reference: F2XJA36194AW04 – LE400; LEADERSHIP EDUCATION: PRINCIPLES OF MANAGEMENT). The solicitation document and incorporated provisions and clauses are those in effect the Federal Acquisition Circular 2005-89 effective 15 Aug 2016; and the DPN 20150803 20160830, effective 30 Aug 2016. It is the Offeror’s responsibility to be familiar with applicable clauses and provisions.

A Firm Fixed Priced Award will be made in accordance with the following:

NAICS Code: This acquisition is being solicited as a 100% Women-Owned Small Business (WOSB) set-aside. The North American Industrial Classification System (NAICS) code for this acquisition is 511130 with a small business size standard of 1000 Employees.

II. NATURE OF ACQUISITION:

Maxwell AFB has a requirement to purchase the below listed items and services. This procurement will be awarded under Simplified Acquisition Procedures. All questions must be received by 12 September 2016, 12:00 hrs CST. Quotes must be received by 23 September 2016, 12:00 hrs CST. E-Mail quotes are acceptable. Email quotes to kori.mcnabb@us.af.mil and justin.holmly@us.af.mil. It is the offeror’s responsibility to ensure the quote has been received by the contracting office by telephone or email confirmation. Fax quotes will not be accepted. Offerors are cautioned that Maxwell AFB, AL has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HAND CARRYING QUOTES. Offerors should allow sufficient time to obtain base access and arrive at the contracting office PRIOR to the time specified for receipt of offers. Late quotes will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

Period of Performance (PoP): 30 Sep 16 – 29 Sep 17 (base year) with four (4) one-year options.

III. SCHEDULE OF SUPPLIES/SERVICES:

The offeror shall provide the service listed below, which is to be performed at the contractors facility. The Government estimates the quantities per CLIN, per year. (Government is not bound to this estimate.)

CLIN 0001: LE400 Textbooks, Leadership Education: Principles of Management

Qty: 40,000 Unit: EA Unit Price: $_____________ Total Cost: $_____________ Base Period PoP: 30 Sep 16 – 29 Sep 17

CLIN 0002: LE400 Instructor Guides

Qty: 1,200 Unit: EA Unit Price: $_____________ Total Cost: $_____________ Base Period PoP: 30 Sep 16 – 29 Sep 17

CLIN 0003: LE400 Re-Write development process for AFJROTC Principles of Management

Qty: 1 Unit: EA Unit Price: $_____________ Total Cost: $_____________ Base Period PoP: 30 Sep 16 – 29 Sep 17

CLIN 1001: LE400 Textbooks, Leadership Education: Principles of Management

Qty: 20,000 Unit: EA Unit Price: $_____________ Total Cost: $_____________ Base Period PoP: 30 Sep 17 – 29 Sep 18

CLIN 1002: LE400 Instructor Guides

Qty: 600 Unit: EA Unit Price: $_____________ Total Cost: $_____________ Base Period PoP: 30 Sep 17 – 29 Sep 18

CLIN 1003: Reserved

CLIN 2001: LE400 Textbooks, Leadership Education: Principles of Management

Qty: 10,000 Unit: EA Unit Price: $_____________ Total Cost: $_____________ Base Period PoP: 30 Sep 18 – 29 Sep 19

CLIN 2002: LE400 Instructor Guides

Qty: 25 Unit: EA Unit Price: $_____________ Total Cost: $_____________ Base Period PoP: 30 Sep 18 – 29 Sep 19

CLIN 2003: Reserved

CLIN 3001: LE400 Textbooks, Leadership Education: Principles of Management

Qty: 5,000 Unit: EA Unit Price: $_____________ Total Cost: $_____________ Base Period PoP: 30 Sep 19 – 29 Sep 20

CLIN 3002: LE400 Instructor Guides

Qty: 25 Unit: EA Unit Price: $_____________ Total Cost: $_____________ Base Period PoP: 30 Sep 19 – 29 Sep 20

CLIN 3003: Reserved

CLIN 4001: LE400 Textbooks, Leadership Education: Principles of Management

Qty: 2,500 Unit: EA Unit Price: $_____________ Total Cost: $_____________ Base Period PoP: 30 Sep 20 – 29 Sep 21

CLIN 4002: LE400 Instructor Guides

Qty: 25 Unit: EA Unit Price: $_____________ Total Cost: $_____________ Base Period PoP: 30 Sep 20 – 29 Sep 21

CLIN 4003: Reserved

*All work is to be performed in accordance with (IAW) the attached Performance Work Statement (PWS).

I.V. The following FAR/DFARS provisions and clauses are applicable to this solicitation:

(For full text references, go to http://farsite.hill.af.mil )

52.212-1 INSTRUCTIONS TO OFFERORS

ADDENDUM 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (Oct 2015)

This provision is incorporated by reference with the following addenda:

1. Submission of Offers. This Firm-fixed-price (FFP) solicitation is being issued as a women-owned small business (WOSB) set-aside requirement. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

1. Quotes must be complete, self-sufficient, and respond directly to the requirements of the Request for Quotes (RFQ). Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The Government intends to evaluate offers and award this Firm fixed-price solicitation without discussions. Therefore, the offeror’s initial quote should contain the offeror’s best terms from a price standpoint. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

1. Specific Instructions:

1. All quote information shall be submitted to: 42d Contracting Squadron/LGCB, Attention: Kori McNabb, kori.mcnabb@us.af.mil or TSgt Justin Holmly, justin.holmly@us.af.mil or mailed/handcarried to 50 LeMay Plaza South, Maxwell AFB AL 36112-5948. The quote must be signed and dated by an authorized official of the company. Electronic submissions via e-mail are authorized and by submission the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments (see Section II regarding email submissions and responsibility of receipt above).

2. Offerors are cautioned that Maxwell AFB, AL has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HAND CARRYING QUOTES. Offerors should allow sufficient time to obtain base access and arrive at the contracting office PRIOR to the time specified for receipt of offers. Late quotes will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

3. If offerors ORCA Representations and Certifications are not current, then they must include a completed copy of the provisions at FAR 52.212-3 with the Alternate I, Offeror Representations and Certifications- Commercial Items.

4. Interested parties capable of providing the requirement must submit a written quotes to include discount terms, tax identification number, cage code, and DUNS.

5. To be eligible to receive an award resulting from this RFQ, contractors must be registered in the DoD Systems for Award Management database, no exceptions. To register, please visit http://www.sam.gov or by calling 1-866-606-8220.

6. Acknowledgement of Solicitation Amendments. Amendments must be acknowledged and returned along with the offerors quotes.

a) Period for acceptance of offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for a minimum of 120 calendar days from the date specified for receipt of offers.”

(b) 52.212-1, Instruction to Offerors, Commercial Items is addended to delete paragraphs (e) Multiple Offers, paragraph, and (h) Multiple Awards.

D. Quote Contents:

1. TECHNICAL – Offeror’s quotes will be considered technically acceptable if they take no exceptions to the synopsis/solicitation.

2. PAST PERFORMANCE INFORMATION – Email or if hand carried then submit one (1) original and two (2) copies.

(a) RECENCY. The offeror shall include information on the three (3) most recent (within three (3) years from the date of issuance of the solicitation) contracts that is the same or similar to the type and magnitude of work described in the PWS. Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed services for same or similar type task order. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(b) RELEVANCY. Relevant information involves work that is the same or similar to the type and magnitude or size of work described in the PWS.

3. PRICE QUOTE – Email or handcarry/submit one (1) original and two (2) copies.

(a) Insert proposed unit and extended (cumulative) prices in Section III (see above) of the synopsis/solicitation for each Contract Line Item Number (CLIN), X001, X002 and X003) including all option periods. The price factor will be evaluated for reasonableness and realism. Evaluation of options shall not obligate the Government to implement these phases.

(End of provision)

V. IMPORTANT NOTES:

(a) Multiple Offerors nor Multiple Awards will be considered. A single award will be made in the resultant contract.

(b) Documents submitted in response to this RFQ must be fully responsive to and consistent with the following:

1. Requirements of the RFQ (CLINs & PWS) and Government standards and regulations pertaining to the PWS.

1. Evaluation Factors for Award in the Addendum to 52.212-2 of this RFQ.

52.212-2 Addendum

Basis for Contract Award

This will be a competitive best value acquisition utilizing FAR Part 13.5, Simplified Procedures for Certain Commercial Items. Award will be made to the lowest priced offer that has an acceptable technical and past performance rating. Only offers rated technically acceptable will be rated on past performance. Past performance will be evaluated as acceptable or unacceptable based on Table A-1 below. Only offers rated acceptable on both technical and past performance will then be ranked by price.

By submission of its offer, the offeror is required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and subfactors. Failure to meet a requirement of the solicitation may result in an offer being ineligible for award. All offers receiving an unacceptable rating shall be determined outside the competitive range. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

The evaluation process shall proceed as follows:

1. TECHNICAL EVALUATION. The Government will evaluate each offeror’s written statement that address exceptions to the synopsis/solicitation.

2. PAST PERFORMANCE EVALUATION

The past performance evaluation team shall evaluate the past performance of all offers on an acceptable or unacceptable basis using the ratings in Table A-1 below. The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in this RFQ, based on the offeror’s record of relevant and recent past performance information that pertain to the services outlined in the PWS.

(1) RECENCY. The past performance evaluation team will seek recent (within three (3) years from date of issuance of solicitation) and relevant performance information for all technically acceptable offerors based on (1) the contractor’s references and (2) data independently obtained from other government and commercial sources available, to include interviews with Program Managers and Contracting Officers. Past performance not considered recent and relevant will not be evaluated. Relevant performance is defined in the above Addendum to 52.212-1. The Government will only award a contract to an offeror whose Past Performance is acceptable.

(2) In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided by the offeror and information obtained from other sources available to the Government, to include, but not limited to: the Past Performance Information Retrieval System (PPIRS); Federal Awardee Performance and Integrity Information System (FAPIIS); Electronic Subcontract Reporting System (eSRS), or other databases; and interviews/questionnaires with Program Managers, Contracting Officers and Fee Determining Officials, the Defense Contract Management Agency (DCMA), and commercial sources.

(i) Recency Assessment An assessment of the past performance information will be made to determine if it has been performed during the past 3 years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

(ii) Relevancy Assessment A relevancy determination of the offeror’s past performance will be made based upon the aforementioned considerations, including joint venture partner(s) and major and critical subcontractor(s). In determining the relevancy of effort performed under individual past performance contracts, the government will only consider the specific effort or portion consistent with that proposed by the prime, subcontractor or teaming partner.

(a) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with the same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

(b) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the primary offeror without the subcontractor’s consent. Provide with the quote a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

Table A-1

Past Performance Evaluation Ratings

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

3. PRICE EVALUATION.

The Government will evaluate the price information submitted in each offeror’s price quote, as required by Addendum to FAR 52.212-1, as described above. Any other data provided by the offeror with their quote that is not required by Addendum to FAR 52.212-1 will not be considered or evaluated. Evaluation of the options will not obligate the Government to exercise the option(s).

PRICE REASONABLENESS: The price information submitted in each offeror’s quote as required by Addendum to FAR 52.212-1 will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 15.404 (which may include, but not limited to, one or more of the following analysis techniques listed below). A contract will not be awarded to an offeror whose price is not determined to be fair and reasonable.

The Government may use any of the following price analysis techniques IAW FAR 15.404-1(b) to determine price reasonableness: comparison of proposed prices received, comparison of previously proposed prices and previous Government and commercial contract prices, use of parametric estimating/rough yardsticks, comparison with competitive published price lists or market prices, comparison with independent Government cost estimates, comparison with market research, and analysis of pricing information provided by the offeror.

In addition, proposed unit prices may be evaluated for unbalanced pricing IAW FAR 15.404-1(g). Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items or sub-line item(s) appear to be significantly overstated or understated as indicated by the application of price analysis techniques. An offeror’s quote may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government.

If the analysis techniques listed above are insufficient to make a determination of price reasonableness or, if the Contracting Officer determines that adequate price competition no longer exists, the Contracting Officer may request submission of additional data other than certified pricing data, as appropriate, and/or may use other analysis techniques as described in FAR 15.404, to the extent necessary, in order to make a determination of price reasonableness.

TOTAL EVALUATED PRICE: The Offeror’s TEP will be determined by multiplying the quantities identified in Section III, “Schedule of Supplies/Services” for Contract Line Item Numbers (CLINs) for the base period, and all option periods, to confirm the extended total amount. The extended total amounts for CLINs 0001 through 4003 for the base period, and each option period, will then be added together to calculate the TEP. The price evaluation will document the reasonableness of the proposed TEP. FAR 52.217-8, Option to Extend Services, is included in the solicitation and will be incorporated into the resultant contract. This extension will be evaluated as part of the initial contract award; therefore, upon exercise, the clause will extend the terms and conditions of the contract period being extended at the rates specified in the contract. Initial evaluation of quotes will include the base period plus all option periods.

D. AWARD WITHOUT DISCUSSIONS: The Government intends to award a firm fixed contract without discussions with offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

(End of provision)

VI. CONTRACT TERMS AND CONDITIONS:

The following provisions and clauses apply to this acquisition and can be viewed through internet access at the Air Force Federal Acquisition Regulation (FAR) Site, http://www.farsite.hill.af.mil in accordance with 52.252-1 and 52.252-2. In addition, offerors shall submit with their quote a completed copy of FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Jul 2016) with Alternate I (Oct 2014). FAR clause 52.212-4, Contract Terms and Conditions-Commercial Items (May 2015), and FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2016) applies.

Federal Acquisition Regulation (FAR) provision 52.204-7, System for Award Management (Jul 2013), 52.212-1, Instructions to Offerors-Commercial Items (Oct 2015) and 52.212-2, Evaluation – Commercial Items (Oct 2014) applies to this solicitation. In addition, offerors shall submit with their quote a completed copy of FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Jul 2016) with Alternate I (Oct 2014). FAR clause 52.212-4, Contract Terms and Conditions-Commercial Items (May 2015), and FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2016). The following FAR provisions and clauses apply: 52.203-3 Gratuities (Apr 1984); 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Oct 2010); 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014); 52.204-4, Printed or Copied Double-Sided on Recycled Paper (May 2011); 52.204-13, System for Award Management Maintenance (Jul 2013); 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014); 52.217-5, Evaluation of Options (Jul 1990); 52.227-1 Authorization and Consent (Dec 2007); 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007); 52.232-18, Availability of Funds (Apr 1984); 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Jul 2013); 52.242-13, Bankruptcy (Jul 1995); 52.253-1, Computer Generated Forms (Jan 1991).

The following clauses cited in clause 52.212-5 also applies: 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006); 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015); 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014); 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015); 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013); 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011); 52.219-8 Utilization of Small Business Concerns (Oct 2014); 52.219-13, Notice of Set-Aside of Orders (Nov 2011); 52.219-14 Limitations on Subcontracting (Nov 2011); 52.219-28, Post Award Business Program Representation (Jul 2013); 52.222-3, Convict Labor (Jun 2003); 52.222-17 Nondisplacement of Qualified Workers (May 2014); 52.222-21, Prohibition of Segregated Facilities (Apr 2015); 52.222-26, Equal Opportunity (Apr 2015); 52.222-35 Equal Opportunity for Veterans (Oct 2015); 52.222-36, Equal Opportunity for Workers With Disabilities (Jul 2014); 52.222-37 Employment Reports on Veterans (Feb 2016); 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010); 52.222-50, Combating Trafficking in Persons (Mar 2015); 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011); 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008); 52.232-33, Payment by Electronic Funds Transfer (Jul 2015); 52.233-3, Protest After Award (Aug 1996); 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004).

The following DFARS provisions and clauses applies: 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011); 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013); 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011); 252.204-7003, Control of Government Personnel Work Product (Apr 1992); 252.204-7004, Alternate A, System for Award Management (Feb 2014); 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Dec 2015); 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (Dec 2015); 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terorrist Country (Oct 2015); 252.225-7012, Preference for Certain Domestic Commodities (Aug 2016); 252.225-7048, Export-Controlled Items (Jun 2013); 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004); 252.232-7003, Electronic Submission of Payment Requests and receiving Reports (Jun 2012); 252.232-7010, Levies on Contract Payments (Dec 2006); 252.243-7001 Pricing of Contract Modifications (Dec 1991); 252.243-7002, Requests for Equitable Adjustment (Dec 2012).

FAR Clauses and Provisions by Full Text:

52.209-5, Certification Regarding Responsibility Matters. (Oct 2015) (a)

(1) The Offeror certifies, to the best of its knowledge and belief, that –

(i) The Offeror and/or any of its Principals –

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.209-7 , Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.216-18, Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 30 Sep 16 through 29 Sep 21 .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216-19, Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 500 quantity, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 40,000;

(2) Any order for a combination of items in excess of 40,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-21, Requirements (Oct 1995)

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

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 29 Sep 21.

(End of Clause)

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 because 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 15 Days.

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 15 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 66 months.

(End of Clause)

52.233-2, Service of Protest. (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from, 42 CONS/LGCB, 50 LeMay Plaza South Bldg 804, Maxwell AFB, AL 36112.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

DFARS Clauses and Provisions By Full Text:

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic 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.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Invoice and Receiving Report (Combo) (Creates two documents, an Invoice and a Receiving Report, within one data entry session (Combo). Creating both documents at the same time, rather than separately, is recommended.

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Block 15 (Deliver To) of SF1449)

(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*

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

vickie.helms@us.af.mil kori.mcnabb@us.af.mil

(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.

justin.holmly@us.af.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

5352.201-9101 OMBUDSMAN JUN 2016

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of 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).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Mr. David E. Jones, Deputy Director of Contracting, AFICA/KT, 2035 First Street West, JBSA Randolph TX 78150-4304, telephone 210-652-1722. Alternate Ombudsman: Stephen G. Smith, Chief, Clearance & Program Support Division, AFICA/KTC, 2035 First Street West, JBSA Randolph TX 78150-4304, telephone 210-652-7075. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of Clause)