FA462019QA316_Combo.pdf
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- CES Hoist and Crane Maintenance Federal contract opportunity
- Solicitation number
- FA462019QA316
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FA462019QA316
COMBINED SYNOPSIS/SOLICITATION
CES Hoist and Crane Maintenance
FAIRCHILD AFB
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
Solicitation FA462019QA316 for acquisition of Hoist and Crane Maintenance for the Civil Engineering Squadron in accordance with (IAW) the attached Performance Work Statement (PWS) is hereby issued as a Request for Quotation (RFQ).
The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular 2019-05. Defense Federal Acquisition Supplement Change Notice (DPN) 20190820 and Air Force Acquisition Circular (AFAC) 2018-0525.
This solicitation has been set aside 100% for Small Business under NAICS Code 811310 with a small business size standard of $7,500,000.00 in accordance with procedures in Subpart 13.5. All prospective offeror must be registered in the System for Award Management (SAM) at www.sam.gov . Lack of SAM registration will make an offeror ineligible for award. The Unit Small Business Specialist is Mr. Michael Gilbert, at 509-247-4880; link to USAF Small Business, http://www.selltoairforce.org ; link to SBA, http://sba.gov.
The government request quotes for the following items;
Table 1 Order Period Structure
ORDERING
PERIOD SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1 CES Hoist and Crane Maintenance 1 Lot $
See Pricing Schedule $
2 CES Hoist and Crane Maintenance 1 Lot $
3 CES Hoist and
4 CES Hoist and
5 CES Hoist and
CES Hoist and Crane Maintenance IAW Attachment 1 Performance Work Statement (PWS) and Attachment II Pricing Schedule.
FFP
FOB: Destination Inspection/Acceptance: Government /Destination Period of Performance (POP): 5 Year Ordering Period (1 OCT 19 - 30 SEP 24) Payment Terms: NET 30
NET AMT $
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/ https://www.acquisition.gov/
(End of provision)
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal JAN 2017 52.204-7 System for Award Management OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations— Representation NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FEB 2016
52.212-1 Instructions to Offerors -- Commercial Items OCT 2018
52.212-3 Offeror Representations and Certifications-Commercial Items. - (Alternate I)
OCT 2018
52.219-1 Small Business Program Representations--Alternate I SEP 2015 52.222-22 Previous Contracts and Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 252.215-7008 Only one Offer OCT 2013 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors SEP 2011
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/ https://www.acquisition.gov/
(End of clause)
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.212-4 Contract Terms and Conditions—Commercial Items JAN 2017 52.217-2 Cancellation Under Multi-Year Contracts OCT 1997 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions. OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials—Basic
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7001 Buy American and Balance of Payments Program. DEC 2017
252.225-7002 Qualifying Country Sources as Subcontractors. DEC 2017
252.225-7048 Export-Controlled Items JUNE 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. JUN 2013 252.243-7001 Pricing of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea MAR 2000
PROVSIONS INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017) --ADDENDUM
Quotes shall include the following:
1. PRICING: for ordering periods: 1, 2, 3, 4, 5
- Contractor’s name, address, and CAGE code.
2. PAST PERFORMANCE: The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. The government will use information submitted by the offeror and other sources such as other Federal Government offices, state and municipal offices, and commercial sources, to assess performance.
Provide a list of no more than three (3), of the most relevant contracts performed for Federal agencies and commercial customers within the last two (2) years. Relevant contracts include those contracts that provide the same or comparable service to the government or commercial organizations. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the current acquisition. However, subcontractor, and predecessor company information will not be considered as highly as past performance information for the principal offeror.
Furnish the following information for each contract referenced:
1. Company/Division name
2. Product/Service
3. Contracting Agency/Customer
4. Contract Number
5. Contract Dollar Value
6. Period of Performance
7. Verified, up-to-date name, address, and telephone number of the contracting officer
8. Comments regarding compliance with contract terms and conditions.
The government will use information submitted by the offeror and may, at its option use other sources such as other Federal Government offices, State and municipal offices, and commercial sources, to assess a contractor’s past performance.
3. Completed Reps & Certs: For offerors with current registration in the System for Award Management (SAM) complete paragraph (b) of the provision and submit with response to the
RFQ.
4. Amendments: Quoters must acknowledge all amendments to this solicitation (If Amendments are issued)
Questions are due no later than 13 Sep 2019 at 02:00 PM (Pacific Time). Offerors are responsible for having questions in before this time.
Quotes Submissions: Quotes are due no later than 18 Sep 2019, at 02:00 PM (Pacific Time).
Offerors are responsible for verifying receipt of their proposals to this office before offer due date and time.
Quotes will be emailed to:
michael.fisher.56@us.af.mil and dane.anderson.4@us.af.mil
Or may be mailed to:
92d Contracting Squadron c/o: Michael Fisher and Dane Anderson 110 W. Ent St., Suite 200 Fairchild AFB, WA 99011
For questions regarding this RFQ please contact:
Michael Fisher at 509-247-2236 or Dane Anderson 509-247-2163
Upon award and satisfactory performance, payment will be through Wide Area Workflow.
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a 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 IAW accordance with DFARS 213.106-2. The following factors shall be used to evaluate offers:
(i) PRICE
(ii) PAST PERFORMANCE
Past performance will be approximately equal to Price. The evaluation of Price and Past performance will result in the government’s selection of the “apparent best value”.
The evaluation process shall proceed as follows:
1. PRICE – The offeror’s Price proposal will be evaluated, using the methodology described in FAR 13, in order to determine if it is reasonable. 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. Normally, price reasonableness is established through the methodology described in FAR 13.
The Government may use various price analysis techniques and procedures to ensure a fair and reasonable price. Some of those techniques are, but not limited to, comparison of proposed prices received in response to the solicitation and/or comparison of proposed prices with the Independent Government Estimate. Price must be determined fair and reasonable.
2. PAST PERFORMANCE – Past Performance will be evaluated based on an evaluation of recent and relevant past performance obtained from information provided by the offeror and/or past performance from established systems such as the Past Performance Information retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases. In addition to the sources mentioned above, Past Performance information may also be obtained from any other sources available to the Government.
The Past Performance evaluation results in an integrated assessment of the Offerors probability of meeting the solicitation requirements and the assignment of an overall rating (Table 1) based on consideration of the Offeror’s recent, relevant and quality of past performance based on the Offeror’s submittals and other information. More recent or more relevant Past Performance increases the Offeror’s confidence rating.
The Government will use the following definitions/ratings in Table 1 when making an overall Performance Confidence Assessment (PCA):
TABLE 1
Adjectival Rating Description
Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.
Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.
Neutral Confidence No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.
Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.
No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.
The Government reserves the right to make award to other than the lowest priced offeror; the offeror whose quote represents the best value to the Government will be selected.
Award may be made without contacting offerors for further information. Therefore, each initial offer should contain the offeror's best terms from a past performance and price standpoint. However, the Government reserves the right to contact offerors for additional information if it is determined by the Contracting Officer to be necessary. When contact for additional information occurs, each participating offeror shall be given an opportunity to revise their proposal to reflect any changes that may have resulted from the interchanges. The Contracting Officer will award a contract to the offeror offering the best value to the Government, based on either the initial or a revised proposal.
EVALUATION METHODOLOGY
Initially all complete and timely offers will be put in order by total price from lowest priced to highest priced. The government reserves the right to reject offers that are not complete and/or are untimely. Next, the lowest priced offeror’s quote will be evaluated for past performance. If the lowest price offeror has a past performance rating of Satisfactory Confidence will be determined to be the apparent best value to the government. If the lowest priced offer is not deemed by the government to be the apparent best value then government evaluators will proceed to the next lowest priced offer and repeat the process until an apparent best value offer is determined by the government or all offers are evaluated. The Contracting officer shall make an integrated best value decision. All companies submitting complete and timely offers will be notified which company was selected as the apparent best value by the government. IAW FAR Part 19, all offerors notified of the apparent best value decision shall have 5 business days to protest the size status of the apparent best value offeror prior to formal contract award.
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (Dec 2016)
(a)This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.
(b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).] (1)The Offeror (itself or through its immediate owner or highest-level owner) [_]does, [_]does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(2)The Offeror (itself or through its immediate owner or highest-level owner) [_]does, [_]does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(3)A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program.
(c)If the Offeror checked does in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:____.
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES
OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (Jan 2019)
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan2019)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] ____ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.4704 and 10 U.S.C.2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509)).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).
__X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (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 (Nov 2011) (15 U.S.C.657a).
____ (ii) Alternate I (Nov 2011) of 52.219-3.
____ (12)
(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (Jan 2011) of 52.219-4.
____ (13) [Reserved] __X__ (14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).
(ii) Alternate I (Nov 2011).
____ (iii) Alternate II (Nov 2011).
____ (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (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 (Aug2018) (15 U.S.C. 637(d)(4)) ____ (ii) Alternate I (Jan 2017) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Nov 2016) of 52.219-9.
____ (v) Alternate IV (Aug 2018) of 52.219-9 __X__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec2015) (15 U.S.C. 637(m)).
__X__ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).
____ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).
__X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__X__ (28)
(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).
(ii) Alternate I (Feb 1999) of 52.222-26.
(29)
(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(i) Alternate I (July 2014) of 52.222-35.
(30)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
(ii) Alternate I (July 2014) of 52.222-36.
____ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__X__ (33)
(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.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).
____ (34) 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.)
____ (35)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).
____ (38)
(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.
____ (39)
(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.
(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (41)
(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__ (42) 52.223-1852, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__X__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (Jun2016) (E.O. 13693).
____ (45)
(i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a).
____ (ii) Alternate I (Jan 2017) of 52.224-3.
____ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C.chapter 83).
____ (47)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
(iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (48) 52.225-5, Trade Agreements (Aug 2016) (19 U.S.C.2501, et seq., 19 U.S.C. 3301 note).
__X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (50) 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).
____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C.
5150).
____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
____ (54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
__X__ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).
____ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(12)).
____ (60)
(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.] ____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
__X__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C.206 and 41 U.S.C.chapter 67).
____ (6) 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).
____ (7) 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__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__X__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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, 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 (Oct 2015) (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) 52.219-8, 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C.793).
(x) 52.222-37, Employment Reports on Veterans (Feb2016) (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 (Aug2014) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar2015) of 52.222-50(22U.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 (May2014) (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 (Dec 2015).
(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 (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preferencefor 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 clause52.247-64.
(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)
52.216-19 Order Limitations (OCT 1995)
Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, 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 $20,000.00;
(2)Any order for a combination of items in excess of $20,000.00; or (3)A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c)If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph
(b) of this section.
(d)Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __5__ 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.
52.216-20 Definite Quantity. (Oct 1995)
As prescribed in 16.506(c), insert the following clause:
(a) This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and effective for the period stated, in the Schedule.
(b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule.
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that time 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 __30 Sep 2024__.
52.232-18 -- Availability of Funds.
As prescribed in 32.706-1(a), insert the following clause:
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.
252.216-7006 ORDERING (May 2011)
(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 contract schedule.
Such orders may be issued from __1 Oct 2019___ through ___30 Sep 2024_.
(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)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile.
Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under 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 5 332.
This Statement is for Information Only: It is not a Wage Determination
Employee Classification Monetary Wage – Fringe Benefits
WG-4737-10; Step 2. Machinery Maintenance Mechanic
$ 24.67 +/- 36.25%
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
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 Work Flow (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.
__N/A_________
(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 and Receiving Report (COMBO) __
(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 || __FA4620__ | | Admin DoDAAC || __FA4620__ | | Inspect By DoDAAC || __ F1X301 __ | | Ship To Code || __F1X301__ | | Ship From Code || __N/A__ | | Mark For Code || __ N/A___ | | Service Approver (DoDAAC) || __ N/A___ | | Service Acceptor (DoDAAC) || __F1X301__ | | Accept at Other DoDAAC || __ N/A___ | | LPO DoDAAC || __ N/A___ | | DCAA Auditor DoDAAC || __ N/A___ | | Other DoDAAC(s) || __ N/A___ |
(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 WAWF point of contact.
__aroedel@greaterspokane.org__
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
5352.201-9101 Ombudsman (JUN 2016)
"(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(a) 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).
(b) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Mrs. Susan Madison, AFICC OL AMC, 510 POW/MIA Drive, Scott AFB, IL 62225- 5022, 618-229-0267, fax 618-256-6668, email: susan.madison@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.
(c) The ombudsman has no authority to render a decision that binds the agency.
(d) 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)
5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (NOV 2012)
"(a) Contractors shall not:
(a) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or
(b) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.
[Note: This prohibition does not apply to manufacturing.]
(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:
(1) Halons: 1011, 1202, 1211, 1301, and 2402;
(a) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC- 114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC- 217, and the blends R-500, R-501, R-502, and R-503; and
Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. [Note: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]"
5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)
(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.
(a) 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.
(b) 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.
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOVEMBER
2012)
(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 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 daily deliveries to/from the job site. Up to three (3) on-site contract superintendents may be designated, in writing by the contracting officer for the purpose of vouching daily delivery personnel, during normal business/operating hours only, 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. Daily delivery personnel shall be subject to a Law Enforcement database check each time they visit the installation. If delivery personnel will be delivering to the job site on a recurring basis (more than 7 days during the contract period), 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:
• 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 Defense Biometric IDentification System (DBIDS) paper pass (with photo) after vetting.
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