FA4452-15-R-0009-0001.pdf
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- AFICA C-40 (B-737-700/800) PILOT TRAINING Federal contract opportunity
- Solicitation number
- FA4452-15-R-0009
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Amendment 0001
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| File | Type | Posted |
|---|---|---|
| PWS_22Apr15.pdf | ||
| Questions_and_Answers_-22_Apr_15.pdf | ||
| Questions_and_Answers_-17_Apr_15.pdf | ||
| Solicitation_FA4452-15-R-0009_.pdf | ||
| Draft_QASP_FA4452-15-R-0009.pdf | ||
| PWS__02_Apr_15_(4).pdf |
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
The purpose of this amendment is to:
a. Replace PWS version 09 February 2015 w ith PWS version 22 April 2015
1. Renumber PWS paragraph 1.3.10 INVOICING to 1.3.11 INVOICING
2. Revise Paragraph 1.3.1.2
b. Remove/Add Clauses 52.203-15; 52.249-8; 52.219-9; 252.219-7003
c. Extend the RFP closing date to 08:00AM CDT; 04 May 15.
All other terms and conditions remain unchanged.
POC for this amendment is Ms. Kimberly Mattingly, 618-256-9842, kimberly.mattingly@us.af.mil
1. CONTRACT ID CODE PAGE OF PAGES
J 1 15
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 23-Apr-2015
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X FA4452-15-R-0009
X 9B. DATED (SEE ITEM 11)
02-Apr-2015
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
24-Apr-2015
CODE
763 SCONS
507 SYMINGTON DRIVE
SUITE W202
SCOTT AFB IL 62225-5022
FA4452 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
FA4452-15-R-0009
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 1449 - CONTINUATION SHEET
SOLICITATION/CONTRACT FORM
The required response date/time has changed from 27-Apr-2015 10:00 AM to 04-May-2015 08:00 AM.
TABLE OF CONTENTS
The below Table of Contents has been added
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 Performance Work
Statement 22 April 2015
22-APR-2015
The following have been added by reference:
252.219-7003 Small Business Subcontracting Plan (DOD Contracts) OCT 2014
The following have been modified:
ADDENDUM TO FAR 52.212-1
ADDENDUM TO FAR 52.212-1 (Apr 2014)
Proposal Submission Instructions
1.0 General Instructions
To assure timely and equitable evaluation of proposal, offeror must follow the instructions contained herein.
Offeror is required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. Offeror must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Complete the necessary fill-ins and certifications in provisions included in the Request for Proposal (RFP). The response shall consist of two Volumes:
Volume I –Price Proposal and Volume II – Technical Proposal. Both volumes shall address the evaluation factors and subfactors as described in Addendum to FAR 52.212-2 – Evaluation – Commercial Items.
a. The offeror’s proposal must include all data and information requested by these instructions and must be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the Performance Work Statement (PWS). Non-conformance with these instructions may result in an unfavorable proposal evaluation.
b. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government’s requirements but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the offeror 's proposal.
c. Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired.
d. The offeror shall make a clear statement in Volume III that the proposal is valid until time of award or completion of any protests unless otherwise withdrawn.
e. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.
1.1 General Information
1.1.1. Points of Contact (POCs)
The Contract Specialist (CS), Ms. Kimberly Mattingly, is the POC for this acquisition. Please address any questions or concerns you may have to this POC.
POC Phone Email
Ms. Kimberly Mattingly (618) 256-9842 Kimberly.mattingly@us.af.mil
1.1.2 Discrepancies
If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the CS in writing with supporting rationale as well as the remedies the offeror is asking the CS to consider as related to the omission or error. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.
This reservation includes matters of additional or substitute pages of the initial proposal.
1.1.3 Electronic Reference Documents
All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) website at https://www.fbo.gov/. Potential offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation.
1.1.4 Oral Presentations
Oral presentations will not be permitted.
1.1.5 Communications
Exchanges of evaluation information between Government and offerors will be controlled by the CS. Email may be used to transmit such information to offerors only if the email can be sent and received encrypted and includes “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line. Otherwise, evaluation will be transmitted via mail or picked up/dropped off by a local contractor representative.
1.1.6 Amendments to Solicitation
If this Request for Proposal (RFP) is amended, all terms and conditions that are not amended remain unchanged.
Offerors shall acknowledge receipt of any amendment to this request by the day and time specified in the amendment(s).
1.2 Organization/Number of Copies/Page Limits
The offeror shall prepare the proposal as set forth in the Proposal Organization Table (Table 1.2 below). The titles and contents of the volumes shall be as defined in this table, all of which shall be within the required page limits and with the number of copies as specified in Table 1.2. The volumes identified in the table shall be separately bound in three-ring, loose-leaf binders, as necessary. The contents of each proposal volume are described in the instruction paragraphs as noted in the table below:
Table 1.2 - Proposal Organization
Volume Instructions Paragraph Number
Volume Title Hard Copies
Page Limit
I 2.0 Executive Summary 10
II 3.0 Technical Proposal 3 50
III 4.0 Price Proposal/Contract Documentation 3 No Limit
1.2.1 Page Limitations
Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal. Page limitations may be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the offerors. Each page shall be counted except the following: blank pages, cover pages, table of contents, tabs, glossaries, position descriptions of key personnel, and those noted in the Proposal Organization Table (Table 1.2) as unlimited.
1.2.1.1 Page Size and Format
a. A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 x 11 inches, not including foldouts.
Pages shall be single-spaced and the text size shall be no less than 12 point. Tracking, kerning, and leading values shall not be changed from the default values of the word processing or page layout software. Use at least 1-inch margins on the top and bottom and ¾-inch side margins. Pages shall be numbered sequentially by volume. These limitations shall apply to both electronic and hard copy proposals.
b. Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible, and shall not exceed 11 by 17 inches in size. Foldout pages exceeding 8.5x11 shall fold entirely within the volume, and count as two pages. Foldout pages should only be used for large tables, charts, graphs, diagrams and schematics not for pages of text. For tables, charts, graphs and figures, the text shall be no smaller than 10 point. These limitations shall apply to both electronic and hard copy proposals.
1.2.2 Cost or Pricing Related Data
All cost or pricing data shall be addressed ONLY in the Price Proposal and Contract Documentation Volume. Cost trade-off information, work hour estimates, and material kinds and quantities may be used in other volumes only as appropriate for presenting rationale for alternatives or design and trade-off decisions. This acquisition does not require certified cost or pricing data, however to determine a fair and reasonable price, submission of “other than certified cost or pricing data”, as defined in FAR 2.101, may be required IAW FAR 15.403-3(c).
1.2.3 Cross-Referencing
Each volume shall be written on a stand-alone basis so that its contents may be evaluated without cross-referencing to other volumes of the proposal.
Information required for proposal evaluation that is not found in its designated volume will be assumed to have been omitted from the proposal. Cross-referencing within a proposal volume is permitted.
1.2.4 Indexing
Each volume shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing shall be used to identify sections and will not count against page limitations.
1.2.5 Title Page and Cover Letter
Each volume must include a title page and cover letter.
The title page must show:
a. Solicitation number.
b. Name, address, telephone numbers and e-mail address of the contractor
The cover letter must show:
a. Solicitation number.
b. Company point of contact with email and phone number of an individual authorized to negotiate with the
Government.
c. CAGE code; DUNS code; TIN; and size of business (large or small)
d. A statement that the company understands the requirements specified in the PWS and will meet the performance standards and requirements therein.
e. A statement that your company does or does not take exception to any of the requirements of the PWS or terms/conditions of this task order.
f. A statement that the proposal is valid until time of award or completion of any protests unless otherwise withdrawn.
1.2.6 Tables and Figures
Include an indexed list of Tables and Figures (if applicable). This index will not count against page limitations.
1.2.7 Glossary of Abbreviations and Acronyms
Each volume shall contain a glossary of all abbreviations and acronyms used, and with an explanation for each.
Glossaries do not count against the page limitations for their respective volumes.
1.2.8 Binding and Labeling
Each volume of the proposal should be separately bound in a three-ring, loose-leaf binder permitting the volume to lie flat when open. Staples shall not be used. A cover sheet should be bound in each book, clearly marked as to volume number, title, copy number, solicitation identification, and the offeror's name. The same identifying data should be placed on the spine of each binder. Be sure to apply all appropriate markings including those prescribed in accordance with FAR 52.215-1(e), Restriction on disclosure and use of data, and FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.
1.3 Electronic Offers
Electronic offers alone will not be accepted. However, each offeror is required to submit an identical electronic copy of their proposal to kimberly.mattingly@us.af.mil and lisa.gross@us.af.mil no later than the proposal due date listed in the RFP. The email shall be in addition to the required number of hard copies designated in Table 1.2 above. The content and page size of electronic copies must be identical to the hard copies. For electronic copies, indicate volume number and title, and use separate files to permit rapid location of information.
The electronic copies of the proposal shall be submitted in a format readable by Microsoft (MS) Office 2007 suite of applications. Your email submission must be checked and determined to be “virus free” prior to submission. In the event of a discrepancy between the hard copies and electronic copies, the electronic copy will be considered the original.
1.4 Distribution
The “original” proposal shall be identified. Hard copies of proposals shall be addressed and mailed or hand carried to:
763 SCONS/PKC
Attn: Solicitation FA4452-15-R-0009 Attn: Kimberly Mattingly and Lisa Gross 507 Symington Drive, Room W202 Scott AFB IL 62225-5022
Access to Scott AFB for Delivery of Hand Carried Proposals: Offerors are cautioned that when hand-carrying proposals individuals not affiliated with this installation must obtain visitors’ passes prior to entrance. The Shiloh gate has been designated as the “Visitor’s Control Center.” Some delays can be anticipated for visitors to process through the “Visitor’s Control Center” and offerors should allow sufficient time to obtain visitors’ passes. Each visitor must have an on-site sponsor to obtain a visitor’s pass. Please contact Kimberly Mattingly at (618) 256-9842 for more information.
Late proposals will be processed in accordance with FAR 52.212-1(f) Late Submissions, Modifications, Revisions, and Withdrawals of Offers.
One original, three hard copies, and one electronic copy of the responses to Evaluation Notices (ENs) shall also be submitted and addressed in accordance with the instructions above, with the exception of page limitations. The specific page limits for EN responses will be identified in the letters forwarding the ENs to the offerors.
2.0 Volume I – Executive Summary
In the Executive Summary Volume, the offeror shall provide the following information:
2.1 Narrative Summary
The narrative summary of the entire proposal should be concise, to include addressing the significant risks, and highlighting any key or unique features, excluding price. The salient features should tie in with Addendum to FAR 52.212-2 Evaluation – Commercial Items. Any summary material presented here shall not be considered as meeting the requirements for any portions of other volumes of the proposal.
2.2 Table of Contents
Include a master table of contents of the entire proposal.
3.0 Volume II - Technical Proposal
The offeror shall include a master table of contents of the entire proposal at the front of the Technical Volume.
3.1 General
The Technical Volume should be specific and complete. Legibility, clarity, and coherence are very important. Your responses will be evaluated against the Technical subfactors defined in the Addendum to 52.212-2, Evaluation Commercial Items. Using the instructions provided below, provide as specifically as possible the actual methodology you would use for accomplishing/satisfying these subfactors. All the requirements specified in the solicitation are mandatory. By your proposal submission, you are representing that your firm will perform all the requirements specified in the solicitation. It is not necessary or desirable for you to tell us so in your proposal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.
3.2 Format and Specific Content
3.2.1 Technical
In the Technical volume, address your technical solution for meeting or exceeding the Government’s minimum performance or capability requirements of each Technical subfactor.
3.2.2 Volume Organization
The Technical volume shall be organized according to the following general outline:
1. Cover Page
2. Title Page
3. Teaming Matrix (if applicable)
4. Table of Contents
5. List of Tables and Figures
6. Glossary of Abbreviations and Acronyms
7. Tabs as Follows
TAB A - Documentation indicating training program approved by the Federal Aviation Administration (FAA) under Title 14 Code of Federal Regulations (CFR) Part 142, or a course approved under 14 CFR Part 121, for the C-40 (B-737-700/800)
TAB B - Course Syllabi TAB C - Documentation indicating a FAA certified Level D, CAT IIIA capable simulator, or better for the C-
40(B-737-700/800) and that simulators are configured with General Electric CFM-56-7B27 engines and dual cue flight directors with the Rockwell Collins model 4000 Head-Up Guidance System (HGS)
TAB D - Quality Control Plan TAB E - Training Implementation Plan TAB F - Staffing Plan TAB G - Plan to provide FAA certified C-40 (B-737-700/800) pilot instructors that are FAA certified in accordance with 14 CFR Part 142.
TAB H - Plan to provide a C-40 (B-737-700/800) instructor or a qualified Second-In-Command pilot to act as the second pilot for simulator position fill-ins IAW PWS paragraph 1.3.9.
TAB I - Generic position descriptions for necessary key positions, which demonstrates requisite education, experience, or special skills required to perform PWS tasks TAB J - Instructor Recruitment/Training/Replacement Plan TAB K - Other relevant information
3.2.3 Teaming Matrix
A Teaming Matrix (if applicable) shall be submitted with the Technical Approach – Volume II. Teaming arrangements are encouraged. Offerors shall describe which tasks each member of their teaming arrangement will be responsible for and indicate any potential OCI concerns and mitigations.
3.2.4 Quality Control Plan (QCP)
Offerors shall submit their commercial Quality Control Plan (QCP) in accordance with Addendum to 52.212-2, Evaluation Commercial Items (Subfactor 1 – Technical Approach (iv)). There is no limit on the number of pages in the QCP. Please insert the QCP in the Technical Volume. The QCP will not count towards the page limits for the Technical Volume.
3.2.5 Other Relevant Information
Offeror(s) may submit any other information deemed relevant to this offer in Tab M of the Technical Volume.
Other relevant information is limited to 10 pages and is in addition to the 40 pages in the Technical Volume.
4.0 Volume III – Price Proposal/Contract Documentation
The offeror shall include a master table of contents of the entire proposal at the front of the volume.
4.1 Price Proposal
4.1.2 RFP Standard Form 1449
Offeror is required to complete blocks 12, 17a, 17b, 30a, 30b, and 30c of the RFP, Standard Form 1449. By completing the aforementioned blocks, the offeror accedes to the contract terms and conditions as written in the RFP. RFP Certifications – Complete and submit all required information (fill-ins, signatures, etc.) found in the provisions FAR 52.212-3, FAR 52.219-28 and DFARS 252.204-7007 Alternate A.
4.1.3 SF 1449 Continuation Sheet
The offeror shall insert its proposed unit and extended prices based on the quantities for each Firm Fixed Price (FFP) CLIN in the spaces provided on the SF 1449 Continuation Sheet.
Price shall reflect all inputs associated with providing C-40 (B-737-700/800) Pilot Training in accordance with the PWS. All prices shall be rounded as described in paragraph 4.1.5 below.
4.1.3 Price Completeness and Reasonableness
The offeror shall submit pricing information to support the completeness and reasonableness of their proposed prices for all CLINs IAW FAR 15.404. The pricing information submitted should fully support PWS requirements for each major functional element specified in the PWS. A breakdown should also be provided for price traceability.
Information shall also be segregated by the performance periods and a total price for each CLIN as specified in the solicitation. Information shall also show the consolidated total price for performance. Offers should be sufficiently detailed to demonstrate their reasonableness. The burden of proof for credibility of proposed prices rests with the offeror. Include a balance sheet that will allow a determination of financial responsibility for the responsibility determination required IAW FAR 9.104-1.
4.1.4 Price Data
This acquisition does not require certified cost or pricing data, however to determine a fair and reasonable price, submission of “other than certified cost or pricing data”, as defined in FAR 2.101, may be required IAW FAR 15.403-3(c). Data beyond that required by this instruction shall not be submitted unless you consider it essential to document or support your price position. All data relating to the proposed price, including all required supporting documentation, must be included in the section of the proposal designated as the Price Proposal/Contract Documentation Volume I.
4.1.5 Rounding
All unit and extended prices shall be rounded to the nearest penny. Extended prices MUST be divisible by the estimated quantity.
4.2 Other Information Required
4.2.1 Representations and Certifications
Proposals shall include a completed copy of the provisions as applicable:
a. FAR 52.204-17, Ownership or Control of Offeror.
b. FAR 52.212-3Alt I, Offeror Representations and Certifications
c. FAR 52.219-1 Alt II, Small Business Program Representations.
4.2.2 Small Business Subcontracting Plan
If the offeror is other than a small business, the offeror shall submit a Small Business Subcontracting Plan for all subcontracted portions of this requirement. The Subcontracting Plan shall be in accordance with FAR 52.219-9. If applicable, the offeror shall submit a copy of their approved Individual, Commercial or Master Plan. In the event the offeror has negotiated a comprehensive subcontracting plan pursuant to DFARS 219.702, the offeror must submit the comprehensive subcontracting plan with their initial proposal. For plans that do not report positive goals, the offeror shall affirmatively state why no subcontracting opportunities exist. The Subcontracting Plan is in addition to the 40 pages allowed for the Technical Volume.
4.2.3 Exceptions to Solicitation Requirements
Offerors are 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 or subfactors.
Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. This information shall be provided in the format and content of Table 4.2.3 below.
Table 4.2.3 - Solicitation Exceptions
Solicitation Document
Page/ Paragraph
Requirement/ Portion
Rationale and Impact (if any)
PWS, RFP,etc. Applicable Page and Paragraph Numbers
Identify the requirement or portion to which exception is taken
Describe why the requirement can/will not be met
4.2.4 Authorized Contractor Personnel
Provide the name, title, and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.
4.2.5 Company/Division Address, Identifying Codes, and Applicable Designations Provide company/division's street address; CAGE code; DUNS code; TIN; and size of business (large or small).
This same information must be provided if the work for this contract will be performed at any other location(s).
4.2.6 Organizational Conflict of Interest (OCI)
The Government does not anticipate any OCI related to this requirement; however, at time of submitting a proposal, the contractor must either state affirmatively that it has no OCI issues, or it must submit an Organizational Conflict of Interest Mitigation Plan (OIMP), as described herein: the contractor must submit and maintain an OIMP acceptable to the CO. The OIMP shall include, at a minimum, processes and internal controls necessary to identify, capture, and mitigate OCI activities at the subcontractor level. The Government-accepted OIMP shall be incorporated by reference into a resultant contract.
4.2.7 Security Clearance
DD Form 254 is not required as this acquisition does not require a security classification of SECRET or higher.
4.2.8 Foreign Contractors
Foreign contractors will be allowed to participate in this acquisition if they have the training resources and facilities located in the Continental United States capable of meeting the needs established in the evaluation criteria.
(end of provision addendum)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2015)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.
111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
X (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
X (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (OCT 2014) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
X (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.
657f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).
____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
X (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014)+(E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-13.
____ (37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (39)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
____ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____(42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (45) 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).
____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.
3332).
____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).
____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
X (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
X (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
X (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (5) 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).
_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
X (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
_____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
X (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (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 (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(viii) 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.
(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(x) X (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xi) 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.)
(xii) 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)
(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiv) 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).
(xv) 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.
(xvi) 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.
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).
(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
The following have been deleted:
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
(End of Summary of Changes)
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