FA460021R0011 Combined Synopsis and Solicitation.pdf

THIS OPPORTUNITY IS AVAILABLE ONLY TO CONTRACTORS UNDER the Small Business (SB) Set-Aside of Service-Disabled Veteran-Owned Small Business (SDVOSB) IAW FAR 19.502-2. This announcement constitutes the only solicitation, proposals are being requested and a written solicitation will not be issued. This solicitation is being issued as a Request for Proposal (RFP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-02 (effective 26 October 2020). The NAICS code is 561612 and the small business size standard is $22,000,000.00. The Government intends to issue a Firm Fixed Price (FFP) contract with an estimated start date of 01 September 2021.

Description of Service:

In 2019, Offutt AFB suffered a historic flood causing irreparable damage to 137 facilities. The damaged facilities were those housing critical capabilities for the execution and protection of nuclear command, control, and communications (NC3); and intelligence, surveillance, and reconnaissance (ISR) missions. Post-flood assessments determined the 1.2M square feet of workspace was not salvageable and requires demolition and rebuild. This requirement consists of providing Entry Control Point (ECP) support monitoring for the rebuild construction zone located on Offutt AFB during the demolition phase. This contract is contemplated to be a Firm Fixed Price (FFP) contract with a period performance of a 12-month base period and four 3-month options. This requirement shall be performed IAW the terms and conditions set forth in the 55th Wing Construction Entry Control Point Support Performance Work Statement (PWS) dated 27 April 2021 and the contract.

Site Visit: Not required

Instructions to Offerors:

Technical Capability Package: The technical capability package shall not exceed 7 pages. A page is defined as one face of an 8.5 x 11-inch sheet of paper containing proposal information (excluding blank pages, title pages, table of contents, tabs, dividers, or indices). Each printed side will count as one page. Any pages submitted in excess of the requirement will not be evaluated. Type side shall not be smaller than Microsoft Word, Times New Roman 10-point font, normal proportional spacing.

Pricing Proposal: Offerors shall complete the highlighted Unit Price and Amount for Item No.

0001, 0002, 1001, 1002, 2001, 2002, 3001, 3002, 4001, and 4002 below.

Evaluation of Proposals:

The Government shall use the policies in FAR Part 12.6 – Streamlined Procedures for Evaluation & Solicitation for Commercial Items in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in FAR Part 13, Simplified Acquisition Procedures.

Following closure of this Combined Synopsis/Solicitation all Proposals submitted will be analyzed for accuracy and completeness and any necessary requests for fact-finding/clarifications will be made at that time. Responses to these fact-finding/clarification questions will be evaluated as part of the evaluation of the applicable factor.

The evaluation team will evaluate all Proposals submitted, one at a time, to determine whether each Proposal submitted is technically acceptable. Offeror will be evaluated on technical capability and will be rated either “acceptable” or “unacceptable”. Technical acceptability will be based on the factor listed under the Technical Capability below. A proposal must have an “Acceptable” rating for the Technical Capability factor to be considered awardable. If the offeror is deemed technically capable, the offeror will then be evaluated for past performance. If the offeror is deemed to have acceptable past performance, the Government will then evaluate the offeror’s price for reasonableness and balanced pricing. The Government will award a contract to the responsible Offeror whose proposal conforming to the solicitation is most advantageous to the Government, price and other factors considered as indicated in FAR 52.212-2. The proposal must receive an overall acceptable rating for the Technical Capability factor, receive an acceptable rating for Past Performance, and offer the most advantageous price to be awarded the contract.

The following factors shall be used to evaluate offers IAW FAR 52.212-2:

Table 1. Technical Rating Rating Description

Acceptable Management Plan clearly demonstrates the ability to provide Entry Control Point (ECP) monitoring services IAW the 55th Wing Construction Entry Control Point Support PWS dated 27 April 2021.

Unacceptable Management Plan does not clearly demonstrate the ability to provide Entry Control Point (ECP) monitoring services IAW the 55th Wing Construction Entry Control Point Support PWS dated 27 April 2021.

1. Technical Capability:

Factor 1: Provide a Management Plan which clearly demonstrates the ability to provide Entry Control Point (ECP) monitoring services on how the Offeror will perform day to day operations IAW the 55th Wing Construction Entry Control Point Support PWS dated 27 April 2021. The Management Plan must address the following areas: personnel, equipment, and compliance IAW the 55th Wing Construction Entry Control Point Support PWS dated 27 April 2021.

2. Price: The Government will evaluate the following price factors:

Reasonableness. For a price to be reasonable, it must represent a price to the Government that a prudent person would pay in the conduct of competitive business.

The Government will determine prices fair and reasonable using one or more of the price analysis techniques at FAR 15.404-1(b)(2).

Unbalanced Pricing. Offerors are cautioned against submitting an offer that contains unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one (1) or more contract line items is significantly over or understated. The Government shall analyze offers to determine whether they are unbalanced with respect to separately priced line items or sub-line items. An offer that is determined to be unbalanced may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government.

3. Past Performance will be considered IAW DFARS 213.106-2. The Contracting Officer shall consider past performance by reviewing information on similar contracts within the last 5 years using PPIRS/FAPIIS/SAM reporting systems for acceptable performance. Where there is no information available on past performance, the past performance element will be considered as acceptable.

The Government intends to evaluate proposals and award a contract without interchanges.

Therefore, the offerors initial proposal should contain the offeror’s best terms from a technical and price standpoint. However, if during the evaluation period, it is determined to be in the best interest of the Government to have fact-finding/clarifications with an Offeror, the Offeror will be notified by the Contracting Officer. The purpose of the fact-finding/clarifications may be to correct minor errors and/or deficiencies in the proposal. The Contracting Officer may have fact-finding/clarifications for some, all, or none of the Offerors.

Organizational Conflict of Interest (OCI):

Contractors interested in this RFP shall submit to the undersigned an assessment of potential or actual OCI issues, if any, as related to this RFP. If OCI’s are identified, the contractor shall submit a mitigation plan five (5) calendar days prior to the close of the RFP submission period. OCI issues include, but may not be limited to, the inability to render impartial assistance or to advise the Government, the inability to objectively perform contract work, or the unfair competitive advantage created by current or previous contractual efforts with the Government. A mitigation plan for any identified OCI shall be included. The contractor shall flow-down this requirement to prospective subcontractors and submit subcontractor mitigation plans with the contractor’s proposal. The Contracting Officer will review any OCI issues and make a determination of eligibility to compete.

Question and Answers:

Offeror questions regarding the RFP are allowed until 10:00 a.m. (CST) on June 24th, 2021. All questions and answers will be posted to Contract Opportunities at https://beta.sam.gov/. Please direct all questions to both the Contract Administrator and the Contracting Officer:

Patrick Etherton at patrick.etherton@us.af.mil and Megan Gritz at megan.gritz@us.af.mil.

Cancellation of RFP:

The Government reserves the right to cancel this RFP either before or after the proposal due date.

In the event that the Government cancels this solicitation, the Government has no obligation to reimburse vendors for any costs. The Government reserves the right to make no award. In such event, the contractor will be notified, via Contract Opportunities of the Contracting Officer’s decision and this decision shall be final and conclusive and shall not be subject to the “Disputes” clause or the “Contract Dispute Act of 1978, 41 U.S. Code Chapter 71.”

https://beta.sam.gov/ mailto:patrick.etherton@us.af.mil mailto:megan.gritz@us.af.mil

System for Award Management (SAM) All contractors shall be registered at System for Award Management (SAM.GOV) https://www.sam.gov/SAM/ . Contractors must be registered in the SAM.GOV database before a contract can be awarded to the company.

Proposals:

NO PARTIAL PROPOSALS WILL BE CONSIDERED. NO PARTIAL AWARDS WILL BE

MADE. Please acknowledge all requirements of the solicitation in the proposals. Supplies and/or services contained within this Combined Synopsis/Solicitation are for delivery FOB Destination to Offutt AFB, Nebraska. Proposals submitted shall adhere to the line item structure contained herein.

https://www.sam.gov/SAM/

Base Period: Est. 01 Sept 2021 – 31 August 2022

ITEM

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

0001 Entry Control Point (ECP) Support: This support includes fully burdened labor, equipment, and mobilization to perform all tasks and duties IAW the PWS. Normal hours of operation are 5:30 am - 6:30 pm local time. At least two contractor personnel shall monitor the ECP at all times during normal hours of operation.

The estimated period of performance is 01 September 2021 – 31 August 2022.

FFP

FOB: Destination (Offutt AFB, Nebraska)

_____12____ Months $_________ $__________

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

0002 Contingency/Emergency Package:

Each package consists of 40 hours of support outside normal hours of operation and must be performed IAW the PWS. Packages can only be approved by the Contracting Officer.

Each package must be expended within 30 days after approved by the Contracting Officer. The estimated period of performance is 01 September 2021 – 31 August 2022.

FFP

FOB: Destination (Offutt

_____52____ Each $_________ $__________

Option Period I: Est. 01 Sept 2022 – 30 Nov 2022

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

1001 Entry Control Point (ECP) Support: This support includes fully burdened labor, equipment, and mobilization to perform all tasks and duties IAW the PWS. Normal hours of operation are 5:30 am - 6:30 pm local time. At least two contractor personnel shall monitor the ECP at all times during normal hours of operation.

The estimated period of performance is 01 September 2022 – 30 November 2022.

FFP

FOB: Destination (Offutt

_____3____ Months $_________ $__________

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

1002 Contingency/Emergency Package:

Each package consists of 40 hours of support outside normal hours of operation and must be performed IAW the PWS. Packages can only be approved by the Contracting Officer.

Each package must be expended within 30 days after approved by the Contracting Officer. The estimated period of performance is 01 September 2022 – 30 November 2022.

FFP

FOB: Destination (Offutt

_____13____ Each $_________ $__________

Option Period II: Est. 01 Dec 2022 – 28 Feb 2023

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

2001 Entry Control Point (ECP) Support: This support includes fully burdened labor, equipment, and mobilization to perform all tasks and duties IAW the PWS. Normal hours of operation are 5:30 am - 6:30 pm local time. At least two contractor personnel shall monitor the ECP at all times during normal hours of operation.

The estimated period of performance is 01 December 2022 – 28 February 2023.

FFP

FOB: Destination (Offutt

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

2002 Contingency/Emergency Package:

Each package consists of 40 hours of support outside normal hours of operation and must be performed IAW the PWS. Packages can only be approved by the Contracting Officer.

Each package must be expended within 30 days after approved by the Contracting Officer. The estimated period of performance is 01 December 2022 – 28 February 2023.

FFP

FOB: Destination (Offutt

Option Period III: Est. 01 Mar 2023 – 31 May 2023

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

3001 Entry Control Point (ECP) Support: This support includes fully burdened labor, equipment, and mobilization to perform all tasks and duties IAW the PWS. Normal hours of operation are 5:30 am - 6:30 pm local time. At least two contractor personnel shall monitor the ECP at all times during normal hours of operation.

The estimated period of performance is 01 March 2023 – 31 May 2023.

FFP

FOB: Destination (Offutt

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

3002 Contingency/Emergency Package:

Each package consists of 40 hours of support outside normal hours of operation and must be performed IAW the PWS. Packages can only be approved by the Contracting Officer.

Each package must be expended within 30 days after approved by the Contracting Officer. The estimated period of performance is 01 March 2023 – 31 May 2023.

FFP

FOB: Destination (Offutt

Option Period IV: Est. 01 Jun 2023 – 31 August 2023

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

4001 Entry Control Point (ECP) Support: This support includes fully burdened labor, equipment, and mobilization to perform all tasks and duties IAW the PWS. Normal hours of operation are 5:30 am - 6:30 pm local time. At least two contractor personnel shall monitor the ECP at all times during normal hours of operation.

The estimated period of performance is 01 June 2023 – 31 August 2023.

FFP

FOB: Destination (Offutt

SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

4002 Contingency/Emergency Package:

Each package consists of 40 hours of support outside normal hours of operation and must be performed IAW the PWS. Packages can only be approved by the Contracting Officer.

Each package must be expended within 30 days after approved by the Contracting Officer. The estimated period of performance is 01 June 2023 – 31 August 2023.

FFP

FOB: Destination (Offutt

At a minimum, include the following information within the Proposal you submit in response to this Combined Synopsis/Solicitation:

1. Company Name

2. Street Address/PO Box Number

3. City/State/Zip

4. Web Site

5. Point of Contact

6. Phone Number

7. Fax Number

8. E-Mail Address

9. DUNS Number

10. CAGE Code

11. Federal Tax ID Number

12. Company Size (Large, Small, 8a, SDB, Emerging Small Business, HUBZone, Veteran Owned, WOSB, EDWOSB)

Point of Contact Information:

Reference Solicitation Number FA4600-21-R-0011 on all correspondence. Complete Proposal submissions will be due NLT FRIDAY, JULY 16th, 2021 at 10:00 AM CST. All Proposals shall be submitted via email to patrick.etherton@us.af.mil and megan.gritz@us.af.mil.

Attachments & Exhibits:

1. 55th Wing Construction Entry Control Point Support PWS dated 27 April 2021

2. Construction Zone/ECP Map

3. Service Contract Act Wage Determination

Provisions and Clauses:

Note: Some Provisions and/or clauses require the Offeror to provide responsive information as set forth within those provisions and/or clauses. This responsive information shall be submitted in the same format provided within those provisions or clauses at the time a Proposal is submitted.

Amendments:

Vendors must acknowledge all amendments to this solicitation (if Amendments are issued).

Proposals shall be valid through December 31st, 2021.

mailto:patrick.etherton@us.af.mil mailto:megan.gritz@us.af.mil

FA460021R0011

Packaging and Marking

Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. 1996-08

0001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F3H3F1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

55 SFS SFTR

AF BPN NO MILSBILLS

PROCESSES

198 BUTLER BLVD BLDG 160

OFFUTT AFB, NE 68113

UNITED STATES

OfficeCode:

SSgt Margaret E Adams Email: margaret.adams@us.af.mil Telephone: 294-6240

0002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F3H3F1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

55 SFS SFTR

AF BPN NO MILSBILLS

PROCESSES

198 BUTLER BLVD BLDG 160

OFFUTT AFB, NE 68113

UNITED STATES

OfficeCode:

SSgt Margaret E Adams Email: margaret.adams@us.af.mil Telephone: 294-6240

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

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

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

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

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

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

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

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

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC ____ Admin DoDAAC FA4600 Inspect By DoDAAC F3H3F1 Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) F3H3F1 Service Acceptor (DoDAAC) F3H3F1 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

252.232-7007 Limitation of Government's Obligation. 2014-04

As prescribed in 232.705-70, use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule [Contracting Officer insert after negotiations] is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C.

1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(End of clause)

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2020-06 52.204-13 System for Award Management Maintenance. 2018-10 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.222-41 Service Contract Labor Standards. 2018-08 52.229-3 Federal, State, and Local Taxes. 2013-02

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12

As prescribed in 4.103 , insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of Megan Gritz and shall not be binding until so approved.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2021-

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889 (a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C.

2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-

5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

[ ] (5) [Reserved].

[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[ ] (10) [Reserved].

[ ] (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

[ ] (ii) Alternate I (Mar 2020) of 52.219-3.

[ ] (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (Mar 2020) of 52.219-4.

[ ] (13) [Reserved]

[X ] (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-6.

[ ] (15)

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

[ ] (ii) Alternate I (Mar 2020) of 52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)

(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (Nov 2016) of 52.219-9.

[ ] (iii) Alternate II (Nov 2016) of 52.219-9.

[ ] (iv) Alternate III (Jun 2020) of 52.219-9.

[ ] (v) Alternate IV (Jun 2020) of 52.219-9

[ ] (18)

(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (Mar 2020) of 52.219-13.

[X ] (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

[ X] (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

[ ] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[ ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

[X ] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[ X] (30)

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

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

[X ] (31)

(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (Jul 2014) of 52.222-35.

[ X] (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (Jul 2014) of 52.222-36.

[ X] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X ] (35)

(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ X] (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (37)

(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.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

[ ] (40)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Oct 2015) of 52.223-13.

[ ] (41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

[ ] (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-16.

[X ] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

[X ] (47)

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

[ ] (ii) Alternate I (Jan 2017) of 52.224-3.

[ ] (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

[ ] (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

[ ] (iii) Alternate II (Jan 2021) of 52.225-3.

[ ] (iv) Alternate III (Jan 2021) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X ] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (Apr 2003) of 52.247-64.

[ ] (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

[ X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

[ 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) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.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) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889 (a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 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.

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 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).

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of clause)

52.217-9 Option to Extend the Term of the Contract. 2000-03

As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days before performance begins provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 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 24 months.

(End of clause)

52.252-2 Clauses Incorporated by Reference. 1998-02

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

www.acquisition.gov

(End of clause)

AFFARS Clauses Incorporated by Full Text

5352.201-9101 ACC Ombudsman 2019-10

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

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

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Deputy Director of Contracting, AFICC /KC (OL-ACC), 114 Thompson Street, Bldg 586, Room 129, Langley AFB, VA 23665, telephone (757) 764-5372 (DSN 574-5372) email: acc.

a7k1@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

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

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

(End of clause)

5352.223-9001 Health and Safety on Government Installations 2019-10

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

List of Attachments

Representations, Certification, and other Statements of Offerors

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-7 System for Award Management. 2018-10

FAR Clauses Incorporated by Full Text

52.204-8 Annual Representations and Certifications. 2020-03

As prescribed in 4.1202(a), insert the following provision:

Annual Representations and Certifications (Mar 2020)

(a)

(1) The…