FA4620-13-Q-A019_-_Refuse.pdf

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Solicitation

FA4620-13-Q-A019

Refuse Service

This is a sole source combined synopsis/solicitation to Torre Refuse and Recycling for Refuse services on

Fairchild AFB, WA. It is prepared in accordance with the format in FAR Parts 12 and 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation on FedBizOpps; a written solicitation will not be issued.

This solicitation is a request for Refuse Services at Fairchild AFB in accordance with the attached

Performance-based Work Statement (PWS) (Attach 3) and other associated documents. The contract consists of a Base Year from 1 Oct 2013 through 30 Sep 2014 and four, one-year option periods.

Solicitation FA4620-13-Q-A019 is issued as a request for quote, utilizing Simplified Acquisition

Procedures in FAR Part 13 under NAICS code 562111 with a size standard of $35.5 million. The solicitation document and incorporated provision and clauses are those in effect through Federal

Acquisition Circular 2005-66 effective 28 Feb 2013. Unit Small Business Specialist is Mr. Michael P.

Gilbert (509-247-4880). The link to the United States Air Force small business website is http://www.selltoairforce.org. The link to the Small Business Administration is http://sba.gov.

Quotes are due no later than 16 April 2013 at 1:00 PM Pacific Daylight Savings Time (PDT).

Quote may be faxed in accordance with FAR 52.214-31, Facsimile Bids (Dec 1989) to TSgt Jonathan

Carter at (509) 247-4873, or emailed to jonathan.carter.2@us.af.mil AND edward.campbell.2@us.af.mil , or mailed to 110 W. Ent St. Suite 200, Fairchild AFB, WA 99011-8568. It is the contractor’s responsibility to ensure complete quotes are received prior to the due date and time.

Point of Contact: TSgt Jonathan Carter, Contracting Specialist. Phone (509) 247-4873, e-mail jonathan.carter.2@us.af.mil or Mr. Edward Campbell, Contracting Officer. Phone (509) 247-1970 email edward.campbell.2@us.af.mil.

Upon award, payment for delivered services will be through the Department of Defense invoicing system;

Wide Area Workflow (Attch 2).

The following FAR provisions apply to this acquisition:

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998), This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil http://arnet.gov/far

FAR 52.212-1 Instructions to Offerors – Commercial Items (Feb 2012), Addendum to FAR Clause 52.212-1, Proposals shall include the following four (4) items:

(a)

1). Price Schedule (Attachment 1) Insert proposed unit and extended prices in the Pricing

Schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal(s) must be submitted for a base year plus four (4) Option Years.

http://www.selltoairforce.org/ mailto:edward.campbell.2@us.af.mil mailto:jonathan.carter.2@us.af.mil mailto:edward.campbell.2@us.af.mil http://farsite.hill.af.mil/

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2). Completed Representations and Certifications as required in FAR 52.212-3 with Alt

1(accessible at the Air Force Site, http://farsite.hill.af.mil) and DFARS 252.212-7000.

Registration in the online representations and certifications program at https://www.sam.gov/ meets this requirement. A copy of the complete representations and certifications is located in Attachment 6 and must be completed and returned with the offeror’s proposal.

3). Contractor Contingency Plan as required in DFARS 252.237-7023 and in accordance with

DFARS 252.237-7024.

4). Amendments: Complete, sign, and return all amendments issued against the solicitation.

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

1. Requirements of the solicitation (Item Numbers) and Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

52.212-2 -- Evaluation -- Commercial Items. (Jan 1999)

(a) The Government will award a fixed price requirements contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price. Offerors are required to have a certificate for the Fairchild service area issued by the Washington

Utilities and Transportation Commission to be considered a responsible source and eligible for award.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Addendum to FAR 52.212-2:

BASIS FOR CONTRACT AWARD: The Government will award a contract resulting from this solicitation upon reaching a fair and reasonable price to both parties. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices. The evaluation process shall proceed as follows:

A. Evaluation for the contract awarded price will be based on cost and price data obtained from Tariff

No. 3, issued by the Washington Utilities and Transportation Committee and supporting cost and price data provided from the contractor for any costs not regulated by the Washington Utilities and

Transportation Committee. Price comparisons with other local entities will also be utilized. The purpose of the analysis is to:

a. Verify the offeror’s understanding of the requirements;

https://www.sam.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/far/FAR52.000.doc#b522122 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/far/FAR52.000.doc#b522121

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b. Assess the degree to which the cost/price proposal reflects the approaches and/or risk that the offeror will take to provide the supplies or services for the offered costs; and

c. An offeror’s proposed prices will be determined by multiplying the quantities identified in the

Pricing Schedule by the unit price for each item to confirm the extended amount for each. Copies of the Pricing Schedule will be necessary in order to submit a proposal for each Option Year.

d. A written notice of award or acceptance of a quotation mailed or otherwise furnished within the time for acceptance specified in the RFQ, shall result in a binding contract without further action by either party. Before the quotation’s specified expiration time, the government may accept a quotation, (or part of a quotation), whether or not there are not there are negotiations after receipt, unless a written notice of withdrawal is received before award.

B. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

The following FAR clauses apply to this acquisition and will be incorporated into the resultant contract.

FAR 52.252-2 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/these address(es):

http://farsite.hill.af.mil

Clauses Incorporated by Reference

FAR 52.202-1 Definitions (Jan 2012)

FAR 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Sep 2007)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Feb 2012)

FAR 52.223-10 Waste Reduction Program (May 2011)

FAR 52.229-3 Federal, State, and Local Taxes (Apr 2003) FAR 52.204-9 Personnel Identity Verification of Contractor Personnel (Sep 2006)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

FAR 52.232-1 Payments (Apr. 1984)

FAR 52.232-17 Interest (Jun 1996) FAR 52-237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

FAR 52.242-13 Bankruptcy (Jul 1995)

FAR 52.242-15 Stop-Work Order (Aug 1989) DFARS 252.201-7000 Contracting Officer’s Representative (Dec 1991)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Jan 2009)

DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992)

DFARS 252.204-7004 Alternate A, Central Contractor Registration (Sep 2007) DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a

Terrorist Country (Dec 2006)

DFARS 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials (Apr 2012)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN 2012)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)

DFARS 252.243.7001 Pricing of Contract Modifications (Dec 1991)

DFARS 252.243-7002 Request for Equitable Adjustment (Mar 1998)

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Clauses incorporated by Full Text

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items. (JAN 2013)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug

2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_X_ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)

(section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

_X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

_X_ (23) 52.219-28, Post Award Small Business Program Representation (Apr 2012) (15 U.S.C.

632(a)(2)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X_ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.)

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

(Oct. 2003) (31 U.S.C. 3332).

(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 Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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__X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the

Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or

5332.

This statement is for Information Only:

It is not a Wage Determination

Employee Classification Monetary Wage – Fringe Benefits

Truck Driver Heavy Truck WG-8 $20.92 + 32.8%

__X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment

(Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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

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(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) 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 (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(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)

FAR 52.204-99 (DEVIATION)

System for Award Management Registration {August 2012){DEVIATION) (a)

Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity {CAGE) code" means-

{1) A code assigned by the Defense Logistics Agency {DLA) Logistics Information

Service to identify a commercial or Government entity; or

{2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional

SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

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(2) The Contractor's CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for

TIN validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number-

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United

States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and ZipCode.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

http://fedgov.dnb.com/webform

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(vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix)

Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

(A) Change the name in the SAM database; and

(B) Comply with the requirements of subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the

"Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling

866-606-8220, or 334-206-7828 for international calls. (End of Clause) https://www.acquisition.gov/

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52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a fixed price requirements contract resulting from this solicitation.

(End of provision)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the base period of performance as indicated on the scheduleand for subsequent one-year (option periods), if exercised.

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

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

(End of clause)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00 , the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $370,000;

(2) Any order for a combination of items in excess of $500,000; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-

21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

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(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 – REQUIREMENTS (Apr 1984)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as

“estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

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

Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

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

Government activity or activities specified in the Schedule.

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 31 March 2018.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

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52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

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

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

52.223-11 Ozone-Depleting Substances (May 2001)

(a) Definition. “Ozone-depleting substance,” as used in this clause, means any substance the

Environmental Protection Agency designates in 40 CFR Part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to hydro chlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40

CFR Part 82, Subpart E, as follows:

“Warning: Contains (or manufactured with, if applicable) a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”-----------------------------

The Contractor shall insert the name of the substance(s).

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(IAW FAR 28.306 (b))

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance specified below.

1. Workmen’s Compensation and Employers Liability Insurance as required by law, except that if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury of death and for occupational disease with a minimum liability limit bodily injury of death and for occupational disease with a minimum

A2 - 12 liability limit of $100,000.

2. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

3. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At Least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting

Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause)

52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the

Contractor receives notice of such availability, to be confirmed in writing by the Contracting

Officer.

(End of Clause)

52.237-1 -- Site Visit.

Offerors or quotors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of Provision)

5352.215-9001 NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE (MAY 1996)

(a) A pre-bid/pre-proposal conference will be conducted at 92d Contracting Squadron, 110

West Ent St. Fairchild AFB, 99011 at the contractor’s request. Contact TSgt Jon Carter at

509-247-4873 or jonathan.carter.2@us.af.mil AND Mr. Edward Campbell at 509-247-1970 or mailto:jonathan.carter.2@us.af.mil

A2 - 13 edward.campbell.2@us.af.mil no later than 26 March 2013 at 1:00PM PDT for the purpose of scheduling a pre-proposal conference regarding this solicitation.

(b) If required, submit the names of all attendees (not to exceed 3) to TSgt Carter at jonathan.carter.2@us.af.mil. Phone: 509-247-4873 seven (7) days prior to the day of the meeting. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.

(c) Bidders/Offerors are requested to submit questions to the point of contact noted above not later than 10AM PDT on 25 March 2013. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

(d) A record of the conference shall be made and furnished to all prospective bidders/offerors.

The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

(End of Provision)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS (FEB 2013)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

__X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of

Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) __X__ 252.203-7000, Requirements Relating to Compensation of Former DoD

Officials (SEP 2011) (Section 847 of Pub. L. 110-181).

(3) __X__ 252.205-7000, Provision of Information to Cooperative Agreement

Holders (DEC 1991) (10 U.S.C. 2416).

(4) __X__ 252.219-7003, Small Business Subcontracting Plan (JAN 2011)

(6)(i) __X__ 252.225-7001, Buy American and Balance of Payments Program

(DEC 2012) (41 U.S.C. chapter 83, E.O. 10582).

(9) __X__ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2012) (10 U.S.C.

2533a).

(23) __X__ 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(26) __X__ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10

U.S.C. 2410).

(27) __X__252.246-7004, Safety of Facilities, Infrastructure, and Equipment

For Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84).

(29)(i) __X__ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10

U.S.C. 2631).

mailto:edward.campbell.2@us.af.mil mailto:jonathan.carter.2@us.af.mil

A2 - 14

(30) __X__ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR

2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions

Required to Implement Statutes or Executive Orders—Commercial Items clause of this contract

(FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(8) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C

2631).

(9) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)

(10 U.S.C. 2631).

5352.201-9101 OMBUDSMAN (AUG 2010)

(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

Center/MAJCOM/DRU or AFISRA ombudsmen, Gregory S. Oneal, 402 Scott Drive, Unit 2A2, Scott AFB, IL 62225; Comm. Phone: (618) 229-0184; DSN: 779-0267; FAX (618) 256-6668;

Email: gregory.oneal@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA 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) 256-2397, 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)

5352.242-9000 - CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUGUST 2007)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf

A2 - 15 personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) In accordance with Department of Defense (DoD) policy guidance on Physical Access Control to all military bases, all individuals entering DoD installations must have a valid purpose to enter, have their identity proofed (providing acceptable documentation of proof of identity) and validated through the process of vetting (evaluation of an applicant’s character and conduct for approval or denial of access) through law enforcement data bases to be issued or be in possession of a Fairchild AFB access credential. DoD ID card holders and those designated on local access credentials may vouch for and escort visitors. Those with locally produced access credentials may vouch for and escort visitors only during normal business/operating hours or as approved by the contracting officer for individual contract performance.

(c) Contractor identification badges will be issued for the performance period of the contract only, or for

(1) year, whichever is the shorter period of time. Badges for contractor personnel where the performance period extends beyond 1 year, or where the contract is extended beyond the original scheduled completion date, shall be reissued. The primary contractor shall identify to the Contracting Officer by letter, the name of no more than three supervisory personnel to act as vouching authorities for daily delivery personnel. This letter shall include the individual’s full name, position, and a call back number. It shall also identify the project for which the appointment is associated. Daily delivery personnel require an escort to and from the job site. If delivery personnel will be delivering to the job site on a recurring basis, they may apply for a base contractor badge for the duration of the contract or one (1) year, whichever is shorter. Pre-announcement vouching by authorized individuals can be made by the following methods:

• Accessing the website at: https://sfmis.csd.disa.mil/SFMIS/jsp/registration/regRequest.jsp, complete the requested data, and submit the request.

• Sending a digitally signed/encrypted e-mail to: 92sfs.s5b.passandregistration@us.af.mil with visitor’s information.

• Calling the visitor information into the Entry Screening Facility (ESF). When the guest arrives, the sponsor will be contacted at a call back number provided by the sponsor to report to the gate to escort the visitor. Visitors sponsored for 1 to 7 days will be issued a laminated AF Form 75/DBIDS pass (with photo) after vetting. The sponsor must report to the gate and escort the visitor the first day only. Visits over 7 days but for not more than 1 year will be issued the FAFB Contractor/ DBIDS card. The sponsor must report to the gate and escort the visitor the first day only. The FAFB Contractor/DBIDS application must include duration of visit, days of week for the visit, and hours of the day for visits.

• The sponsor may provide the Visitor Center a signed letter prior to the arrival of visitors if the visit date(s) are known. The letter must contain the full name, date of birth, social security number, dates of visit and destination address of the visit. It must also contain the full name, social security number and contact telephone number of the sponsor. This prior notification will allow the visitor access to the installation without the sponsor having to report to the visitor center to escort the guest.

(d) If any vouched individuals are unable to be vetted upon arrival, the designated vouching authority shall be required to escort those individuals to and from the site. Individuals that are not issued passes shall be required to be re-vetted each time they require access. Personnel shall provide one or more of the following documents in order to obtain access:

a. U.S. passport or U.S. passport card

b. Permanent Resident card or Alien Registration Receipt card (INS Form I-551)

c. Foreign passport with a temporary (I-551) stamp or temporary, (I-551) printed notation on a machine readable Visa.

https://sfmis.csd.disa.mil/SFMIS/jsp/registration/regRequest.jsp mailto:92sfs.s5b.passandregistration@us.af.mil

A2 - 16

d. Foreign passport with current arrival/departure record (INS Form I-94) bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, if that status allows them to work for the employer.

e. Employment authority document that contains a photograph (INS Form I-766).

f. In the case of a non-immigrant alien authorized to work for a specific employer incident to status, a foreign passport with an INS Form I-94 or INS Form I-94A bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, as long as the endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.

g. Driver’s license or identification card issued by a State or outlying possession of the U.S., or Federal, State, or local government agencies provided it contains a photograph and biographic info such as name, date of birth, gender, height, eye color, and address.

h. School identification with photo.

i. U.S. Military or draft record, U.S. Coast Guard or Merchant Mariner or Transportation Workers

Identification Credential card.

j. Native American Tribal document.

(e) Under certain circumstances, 92d Contracting personnel may verify the need for an immediate pass and mark the application with “Immediate Processing Requested.” Contracting will annotate this statement with a signature block stamp. 92 SFS personnel will work these passes as soon as possible depending on current operations. When processing is completed, the form will be forwarded to Pass and Registration where the applicant will appear in person to have the pass issued.

(f) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense and AFI 31-501, Personnel Security Program Management.

The government does not allow Privately Owned Vehicles (POVs), photographic equipment, or any form of voice or photographic recording devices, to include cell phones, in controlled or restricted areas. The government will provide escorts to accompany contractor personnel in these designated areas and these escorts will have access to communication devices if needed. Vehicles to be operated on the airfield must have a company logo painted on or affixed to the vehicle.

(g) These applicable AFI excerpts may be requested from the Contracting Officer.

(h) Use of cell phones or headphones while operating a motor vehicle upon a roadway on base is strictly prohibited and is a primary offense and a traffic citation will be issued. Totally hands-free cell phone devices are permitted.

(i) Contractors are reminded that vehicles cannot be left parked at the Front (Main) Gate area. This area is 30 minute parking only. If you have employees who cannot drive on base (lack of insurance, registration, suspended license, etc.) they must park at an off-base location and ride with another employee.

(j) All commercial vehicles will enter the installation via the Rambo Road gate, Monday through Friday, 0600 through 1700 unless otherwise indicated in the Performance Work Statement (PWS). At all other times they will enter through the main gate. Search teams and/or military narcotic and explosive working dogs will search all commercial vehicles larger than a 15 passenger sized van.

(k) Any traffic diversions or road closures will be coordinated with 92 SFS/S3, five days prior to the diversion or closure.