17-R-0007_Dorm_Cleaning_Combined_Synopsis-Solicitation.pdf

DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

Combined Synopsis/Solicitation Occupied and Unoccupied Dormitory Cleaning Service

26 May 2017

This is a 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 constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

1. The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

2. The Request for Proposal (RFP) number is FA3020-17-R-0007.

3. This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2005-95, DPN 20161222 and AFAC 2017-0127.

4. This solicitation is being issued as a set aside for Women-Owned Small Business under the North

American Industrial Classification Standard code 561720, Product Service Code S, Action Code 201 and with a size standard of $18,000,000.00.

5. See Attachment 1, Price Exhibits, for contract line item numbers and items (including options).

6. See Attachment 2, Performance Work Statement, for a full description of requirements.

7. See Attachment 3, Quality Assurance Surveillance Plan (QASP) 1, for full description of quality assurance measurements.

8. See Attachment 4, Past Performance Questionnaire, which must be accomplished in accordance with the below Addendum to FAR PART 52.212-1.

9. See Attachment 5, Wage Determination, for the most applicable wage determination.

10. Services are to be performed at various buildings on Sheppard Air Force Base (AFB), TX 76311. The base contract period is from 01 October 2017 through 30 September 2018. There are four, one year, option periods which, if exercised, will extend the period of performance to 30 September 2022.

11. The provision at FAR PART 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and is incorporated by reference. The following addendum applies to this provision:

*****ADDENDUM TO FAR PART 52.212-1*****

A. FAR PART 52.212-1(c), PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its offer firm for 280 calendar days from the date specified for receipt of offers.

B. FAR PART 52.212-1(e), MULTIPLE OFFERS. Paragraph is deleted.

C. PROPOSAL PREPARATION INSTRUCTIONS

(1) To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, and representations and certifications. 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 response shall consist of three (3) separate parts; Part I - Summary and Miscellaneous Data, Part II - Price Proposal, and Part III - Past Performance

1 The QASP is provided for information purposes only and will not be included in the contract.

Synopsis/Solicitation FA3020-17-R-0007 Page 2 of 26

Proposal.

(2) The contracting officer has determined there is a high probability of adequate price competition for 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. However, if at any time during this evaluation the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary to determine the price reasonableness.

(3) Specific Instructions:

a. Part I – Summary and Miscellaneous Data: Submit one (1) digital copy via email. Submit Part I no later than 4:00 pm Central Daylight Time (CDT) on Tuesday, June 27th, 2017. The following documents will be required in Part I:

b. The offeror shall provide a concise summary and master table of contents of the entire proposal.

c. Provision 52.212-3 Offeror Representations and Certifications – Commercial Items.

(i) If the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal, the Offeror shall complete and return paragraphs (b) of this provision or submit a statement verifying the representation and certifications currently posted electronically in the SAM database have been updated within the past 12 months and are current, accurate, complete, and applicable to this solicitation. Return and include in Part I.

(ii) If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision and register on-line at http://www.sam.gov/portal. Complete FAR provision 52.212-3, paragraphs (c) through (u) Offeror Representations and Certifications – Commercial Items (with the necessary fill-ins), return and include return with Part I.

d. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in return and include in Part 1.

e. Submit an acknowledgment of the all solicitation amendments, if issued.

f. If none proposed, submit an Affirmation of no Exceptions, Deviations, or Waivers.

g. Part II – Price Proposal: This Part shall contain a completed Price Exhibit, attachment 1 of this solicitation. Submit one (1) digital copy in Microsoft Excel format via email. Submit Part II no later than 4:00 pm Central Daylight Time (CDT) on Tuesday, June 27th, 2017. The following document will be required in Part II:

h. Contract Price Exhibits-Attachment 1. Insert proposed monthly unit prices and extended prices in the Contract Price Exhibits. All unit pricing provided must be at the fully burdened rate including overhead, G&A, profit, etc. The proposal must be submitted for the base period plus four option periods. The sum total of all Firm-Fixed-Price CLINs for the Base Period and each Option Period, will form the offeror’s Total Evaluated Price (TEP). It is imperative that mathematical calculations are correct; particular care should be taken to ensure the amounts match when using the Microsoft Excel program and the rounding of figures, limited to two decimal places.

Synopsis/Solicitation FA3020-17-R-0007 Page 3 of 26

****NOTE: Extreme care should be exercised to ensure that no price data of any kind are included in any other Parts of the proposal. ****

i. Part III – Past Performance Information: Only references for the prime contractor or subcontractors that will perform major or critical aspects of the requirement will be considered and should be submitted. Submit one (1) digital copy via email of Part III no later than 4:00 pm (CDT) on Tuesday, June 27th, 2017.

j. Quality and Satisfaction Rating for Contracts Completed in the Past Three Years: Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. 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.

k. Performance Questionnaire: Past Performance Questionnaires (PPQs) shall be used by the offeror in obtaining and providing past performance information. The government requires the offeror send out a PPQ to each of the Points-of-Contact (POCs) identified in the Past Performance Proposal (paragraph (o) below).

l. The offeror shall send out the PPQ (Attachment 4), using the Past Performance Evaluation Cover Letter (Attachment 4A), to each of their references. The responsibility to send out the PPQs rest solely with the offeror.

m. Once the questionnaires are completed by the POCs, the information contained therein will be considered source selection sensitive and will not be released outside the government. The POCs shall forward their completed questionnaires directly to the government – not back to the offeror.

n. PPQs shall be sent directly from your reference to the individual listed below no later than 4:00 pm CDT on Tuesday, June 27th, 2017:

82 CONS/LGCB

Attention: Joshua Mills joshua.mills.20@us.af.mil

o. Past Performance Information: The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. The government will use information submitted by the offeror and other sources such as the Past Performance Information Retrieval System, other federal government offices and commercial sources to assess performance.

Provide a list of no more than five (5) of the most relevant contracts performed for federal agencies and commercial customers within the last three (3) years. Relevant contracts include efforts involving service contracts similar in magnitude and complexity. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract referenced:

Synopsis/Solicitation FA3020-17-R-0007 Page 4 of 26

(i) Offeror Company/Division name2 and CAGE code

(ii) Indicate whether offeror was the prime contractor, subcontractor, teaming partner or joint venture

(iii) Program Title

(iv) Contract Title

(v) Contracting Agency/Customer

(vi) Contract Type

(vii) Contract Number

(viii) Contract Dollar Value (do not include unexercised options)

(ix) Period of Performance

(x) Verified, up-to-date: name, address, email and telephone number of the contracting officer

(xi) Comments regarding compliance with contract terms and conditions

(xii) Thoroughly describe how this present/past performance effort involved similar scope and magnitude of effort and complexities to this solicitation.

(xiii) Quality and Satisfaction Rating: Provide any objective information (e.g., metrics, customer surveys, independent surveys) which demonstrates customer satisfaction with overall job performance and quality of completed service.

(xiv) Comment regarding any performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

****NOTE: If an offeror has no past performance history of relevance, the offeror must state affirmatively it possesses no past performance history of relevance. ****

p. If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past performance information on previous teaming arrangements with the same partner. Small Business Administration approval documentation is required to be submitted for teaming arrangements. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts. The government will evaluate not more than five (5) past performances for each party of a first time joint effort.

q. Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from each subcontractor that will perform major or critical aspects of the requirement, consenting to the release of its past performance information to the prime contractor.

r. Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

(i) Requirements of the solicitation (Item Numbers) and Performance Work Statement

(PWS), and government standards and regulations pertaining to the PWS; and

(ii) Evaluation Factors for Award.

2 Note: If the company or division performing this effort is different than the offeror or the relevance of this effort to the RFP is impacted by any company/corporate organizational change, note those changes.

Synopsis/Solicitation FA3020-17-R-0007 Page 5 of 26

s. Proposal Submission Summary:

PART TITLE

ELECTRONIC

COPY

PAGE

LIMIT

DUE DATE

I

Summary and Misc.

Data (File Name: Offeror Name - Part I)

1 20 Tuesday, June 27th 2017

II

Price (File Name: Offeror Name - Part II)

PRICE

EXHIBIT

ONLY

Tuesday, June 27th 2017

III

Past Performance (File Name: Offeror Name - Part III)

1 10 Tuesday, June 27th 2017

D. GENERAL INFORMATION

(1) Information Regarding Submission of Proposal: Offerors are cautioned that Sheppard AFB, Texas has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. Offerors should allow sufficient time to obtain a visitor pass to be able to deliver the proposal on time. Late proposals will be processed in accordance with FAR 52.212-1(f).

(2) Federal Holidays: The following Federal Legal Holidays are observed by this base:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

(3) Joint Venture Agreements: Joint Ventures are allowable on competitive small business set-asides;

however, the joint venture agreement must be received by SBA prior to proposal due date and approved before award of any resulting contract. If you are contemplating a joint venture on this project, you must advise your assigned SBA Business Opportunity Specialist (BOS) as soon as possible. It is also recommended that the agreement be submitted as soon as practicable to ensure compliance with established regulations. Any corrections and/or changes needed can be made only when your BOS has adequate time for a thorough review before the proposal due date. No corrections and/or changes are allowed after the submission of proposal or bids.

(4) The deadline for questions pertaining to this solicitation have a cutoff date and time of Wednesday, June 14th, 2017 no later than 4:00 pm CDT. Questions received after the cutoff will not be accepted.

Submit all questions by email to Mr. Joshua Mills at joshua.mills.20@us.af.mil and Ms. Darla Daily at darla.daily@us.af.mil.

(5) All questions will be answered by an amendment to the solicitation. A copy of any amendment

Synopsis/Solicitation FA3020-17-R-0007 Page 6 of 26 to this solicitation may be obtained from the Federal Business Opportunities website at:

www.FedBizOpps.gov.

***** (End of Addendum to FAR PART 52.212-1) *****

12. In accordance with FAR PART 52.212-2, Evaluation – Commercial Items, the Government will award a contract resulting from this combined synopsis/solicitation to the responsible offeror whose offer, conforming to the synopsis/solicitation, will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

A. Price B. Past Performance

13. Basis for Contract Award: The basis of which this contract will be awarded will be price and past performance in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13.106-2(b) in which competing offerors’ past performance information will be evaluated on a basis significantly more important than price. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications. The government reserves the right to make an award based on whether the lowest priced of the offerors having the highest past performance rating possible represents the best value when compared to any lower priced offerors. The evaluation process will include the following:

A. Price Evaluation: An offeror’s proposed prices will be determined by multiplying the offeror’s unit cost by the annual quantity identified in the Price Exhibit, limited to two decimal places for each Contract Line Item Number (CLIN). The sum total of all Firm-Fixed-Price CLINs for the Base Period and each Option Period, will form the offeror’s Total Evaluated Price (TEP). Initially, government will rank all offers by the TEP lowest to highest according to price, including all option prices. The price evaluation will document the fairness and reasonableness of the TEP. The government reserves the right to perform price realism analysis.

NOTE: The contract will include FAR Clause 52.217-8, Option to Extend Services, with the potential to extend the contract an additional six (6) months beyond the awarded contract performance period. In the event the Government requires continued performance, the Government’s evaluation of prices proposed for the base and all option periods will suffice to be the Government’s evaluation of prices under the extension of services (ref.

52.217-8). Should an extension of services be required, rates will be adjusted only as a result of revisions to applicable prevailing Department of Labor wage rates. Evaluating the Option CLINs or the six month Extension of Services Option does not obligate the government to exercise the Options.

B. Past Performance Evaluation. The government will evaluate recent and relevant performance information on the lowest priced evaluated offeror based on: One (1) Part III – Past Performance Information provided by the offeror; two (2) any past performance information obtained from the Performance Questionnaires (Attachment 4); and three (3) any data independently obtained by the government and/or commercial sources.

(1) Evaluation Process. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance proposal volume, PPQs and information obtained from other sources available to the Government.

(2) The past performance evaluation will take into account past performance information from the principle offeror, as well as, the predecessor company’s key personnel and subcontractors that will perform major aspects of the requirement. The Past performance on the predecessors company’s key personnel and subcontractors that will perform major aspects of the requirement will be rated as highly as past

Synopsis/Solicitation FA3020-17-R-0007 Page 7 of 26 performance information for the principal offeror. The Government will use the following procedures in evaluating past performance:

(3) The offeror’s past performance efforts will be assessed for: Recency, Relevancy and Performance Quality. The Government will only evaluate performance quality on past efforts that are determined to be both recent and relevant.

(4) Recency: An assessment of the past performance information will be made to determine if it is recent.

Recent past performance information includes contracts performed and/or being performed for any customer within the last three (3) years preceding the date of issuance of this solicitation, to include at least six (6) months of documented performance during the three (3) year period.

(5) Relevancy: Relevant contracts performance effort involved similar scope, magnitude of effort, and complexities to that required by this solicitation. The government will assess relevancy for each contract and assign a rating as described in Table 1 below:

TABLE 1 – RELEVANCY ASSESSMENT

Rating Definition

Very Relevant

Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires. Performance of effort shall include the following: federal and/or commercial contracts for occupied and unoccupied facility living spaces cleaning (dorm rooms, hotel rooms, or hospital rooms with associated bathrooms and common living areas) of 85,000 square feet of space or greater.

Relevant

Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. Performance of effort shall include the following: federal and/or commercial contracts for occupied and unoccupied facility living spaces cleaning (dorm rooms, hotel rooms, and hospital rooms with associated bathrooms and common living areas) of greater than 60,000 square feet but less than 85,000 square feet of space.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires. Performance of effort shall include the following: federal and/or commercial contracts for facility cleaning of greater than 30,000 square feet but less than 60,000 square feet of space.

Not Relevant

Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Performance of effort shall include the following: federal and/or commercial contracts for facility cleaning of less than 30,000 square feet of space.

(6) Performance Quality: The quality assessment consists of an evaluation of recent and relevant past performance information available, regardless of its source. The quality assessment may reveal positive or adverse past performance information. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comment received from sources without a formal rating system. Multiple ratings of less than “Satisfactory” in Contractor Performance Assessment Reporting System (CPARS) and/or Past Performance Questionnaires (PPQs) may result in a performance quality assessment rating of “No Confidence.” Offerors may be given an opportunity to respond to adverse past performance information for which they have not previously had an opportunity to address in accordance with FAR 15.306. For

Synopsis/Solicitation FA3020-17-R-0007 Page 8 of 26 each of the recent and relevant past performance information reviewed, the performance quality of work will be assessed based on the one (1) Quality Assessment Criteria evaluated under Section 4 of the PPQ (Attachment 4) and two (2) the evaluation ratings in the Federal Past Performance Information Retrieval System (PPIRS), if available.

(7) The purpose of the past performance evaluation is to assess the degree of confidence the Government has in the offeror’s ability to meet the solicitation requirements based on the offeror’s demonstrated record of performance. The assessment process will result in an offeror’s overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Neutral Confidence. Offerors with no recent past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned will receive the rating “Neutral Confidence,” meaning the offeror is treated neither favorably nor unfavorably (neutral). As a result of the relevancy and performance quality assessments, offerors will receive an integrated past performance confidence assessment rating as described in Table 2 below:

TABLE 2. Past Performance Confidence Assessment Ratings

Rating Description

SUBSTANTIAL CONFIDENCE

Based on the offeror’s quality/recent/relevant performance record, the government has a high expectation that the offeror will successfully perform the required effort.

SATISFACTORY CONFIDENCE

Based on the offeror’s quality/recent/relevant performance record, the government has a reasonable expectation that the offeror will successfully perform the required effort.

NEUTRAL CONFIDENCE

No recent/relevant performance is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

LIMITED CONFIDENCE

record, the government has a low expectation that the offeror will successfully perform the required effort.

NO CONFIDENCE

record, the government has no expectation that the offeror will successfully perform the required effort.

****Note: In evaluating past performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.****

C. If the lowest priced evaluated offer is judged to have a “Substantial Confidence” performance rating that offer represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

D. If the lowest priced offeror is not judged to have a “Substantial Confidence” performance rating, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a “Substantial Confidence” performance rating or until all offerors are evaluated. The government reserves the right to award a contract to other than the lowest price offer if the difference in the Past Performance Confidence Rating of another offeror justifies the higher price premium. In that event, the Source Selection Authority will make an integrated assessment best value award decision using the TEP and the Past Performance Confidence Rating.

Synopsis/Solicitation FA3020-17-R-0007 Page 9 of 26

E. Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions to permit a meaningful assessment of past performance. Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Exchanges conducted with regard to adverse past performance or to resolve minor or clerical errors will not constitute discussions, and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

F. The Government intends to award a contract without discussions with respective offerors. However, the Government reserves the right to conduct discussions if deemed in its best interest.

14. All offerors will include a completed copy of the provision at FAR Part 52.212-3, Offeror Representations and Certifications – Commercial Items, Alternate I with Part I - Summary and Misc. Data or a statement affirming not representing as a disadvantaged.

15. The clause at FAR Part 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. Addendum to FAR 52.212-4(c) Changes: Changes in the terms and conditions of this contract may be made only by written agreement of the parties, except for the following actions:

A. Exercising of Options pursuant to FAR 52.217-8 and FAR 52.217-9, and incorporation of wage determinations in accordance with the Service Contract Act or the Davis Bacon Act.

B. Administrative changes such as the paying office, accounting classifications, in accordance with FAR 43.103(b).

C. Modifications to obligate or de-obligate funds for not to exceed CLINS.

D. Modifications to obligate funds at the beginning of each fiscal year and incremental funding.

16. In accordance with FAR Part 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2017):

A. The Contractor shall comply with the following Federal Acquisition Regulation (FAR) Clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov. 2015)

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct. 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

B. The Contractor shall comply with the FAR clauses in this paragraph (B) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive

Synopsis/Solicitation FA3020-17-R-0007 Page 10 of 26 orders applicable to acquisitions of commercial items:

Reference Description Date

52.203-6 Restrictions on Subcontractor Sales to the Government- Alt I Sep 2006 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards Oct 2016

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment

Oct 2015

52.219-6 Notice of Small Business Set-Aside Nov 2011 52.219-8 Utilization of Small Business Concerns Nov 2016

52.219-13 Notice of Set-Aside of Orders Nov 2011 52.219-14 Limitations on Subcontracting Jan 2017 52.219-28 Post-Award Small Business Program Re-representation Jul 2013 52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program

Dec 2015

52.222-3 Convict Labor Jun 2003 52.222-19 Child Labor – Cooperation with Authorities and Remedies Oct 2016 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Apr 2015 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 52.222-54 Employment Eligibility Verification Oct 2015 52.223-18 Encouraging Contractor Policies to Ban Text Messages While Driving Aug 2011

52.225-1 Buy American--Supplies May 2014 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.232-33 Payment by Electronic Funds Transfer – System for Award

Management Jul 2013

C. The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

52.222-17 Non-displacement of Qualified Workers May 2014 52.222-41 Service Contract Labor Standards May 2014 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards –

Price Adjustment (Multiple Year and Option Contracts) May 2014

52.222-55 Minimum Wages Under Executive Order 13658 Dec 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2017

D. Class Deviation- 2013-O0019, Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement System. This clause deviation is effective on Sep 25, 2013, and remains in effect for five years, or until otherwise rescinded.

Synopsis/Solicitation FA3020-17-R-0007 Page 11 of 26

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

Synopsis/Solicitation FA3020-17-R-0007 Page 12 of 26

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

17. Provisions and Clauses Incorporated by Reference

52.203-3 Gratuities APR 1984

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52.203.18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.208-9 Contractor Use of Mandatory Sources of Supply or Services

MAY 2014

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data

JAN 1997

52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in

Service and Construction Contracts

MAY 2008

52.228-5 Insurance -- Work on a Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 252.201-7000 Contracting Officer's Representative DEC 1991 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

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.222-7007 Representation Regarding Combating Trafficking in Persons

JAN 2015

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

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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 252.244-7000 Subcontracts for Commercial Items JUN 2013

5352.223-9001 Health and Safety on Government Installations NOV 2012

18. Provisions and Clauses Incorporated 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 $3,500 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.

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(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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. Sec. 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. Sec.

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).

(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 nonresponsive.

(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.

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52.217-8 -- Option to Extend Services (Nov. 1999)

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

52.217-9 -- Option to Extend the Term of the Contract (Mar. 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

52.222-22 - Previous Contracts And Compliance Reports (Feb 1999)

The offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

52.222-25 - Affirmative Action Compliance (Apr 1984)

The offeror represents that

(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or

(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

52.222-35 - Equal Opportunity For Veterans (Oct 2015)

(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 FAR 22.1301.

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(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 of $150,000 or more 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 (JUL 2014)

(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 $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-42 – Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under…