FA462020Q0006 Combo RFQ Sewer Cleaning and Inspection.pdf
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- CE Sewer Cleaning and Inspection Federal contract opportunity
- Solicitation number
- FA462020Q0006
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 20Q0006 Amendment 0001.pdf | ||
| Attachment 5 Past Performance Questionnaire (PPQ).pdf | ||
| Attachment 2 WD 15-5537 (Rev 9).pdf | ||
| Attachment 4 Environmental.pdf | ||
| Attachment 3 OPSEC.pdf | ||
| Attachment 1 PWS.pdf |
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92d Contracting Squadron RFQ FA462020Q0006
COMBINED SYNOPSIS/SOLICITATION
Sewer Cleaning and Inspection Services
FA462020Q0006
This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Subpart 12.6 and 13.5, 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.
The Request for Quotation (RFQ) number FA462020Q0006 for Sewer Cleaning and Inspection Services shall be used to reference any written quote provided under this RFQ.
The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular FAC 2020-06; Effective 6 May 2020.
This acquisition is a set-aside 100% for women-owned small business (WOSB) and will utilized the North American Industry Classification System (NAICS) code 562998 with a size standard of $8M and a PSC of Z1ND. All prospective offerors 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.airforcesmallbiz.af.mil ; link to SBA, http://sba.gov.
The purpose of this combined synopsis and solicitation is for Sewer Cleaning and Inspection Services at Fairchild AFB, WA in accordance with the attached Performance Work Statement (PWS). The contract CLIN structure is detailed below.
ITEM
NO
DESCRIPTION QTY UNIT AMOUNT
0001 Sewer Cleaning/Inspection
LOTS
Ordering Period 01 October 2020—30 September 2021 (Base Year)
FFP
FOB: Destination Contractor shall furnish all labor, supervision, tools, equipment, transportation, material, and incidentals necessary to service Fairchild AFB, sanitary sewer flushing and video recording/inspection in accordance with the attached PWS.
92d Contracting Squadron RFQ FA462020Q0006
1001 Sewer Cleaning/Inspection
LOT
Ordering Period 01 October 2021—30 September 2022 (Option Year 1)
FOB: Destination Contractor shall furnish all labor, supervision, tools, equipment, transportation, material, and
2001 Sewer Cleaning/Inspection
Ordering Period 01 October 2022—30 September 2023 (Option Year 2)
FOB: Destination Contractor shall furnish all labor, supervision, tools, equipment, transportation, material, and
3001 Sewer Cleaning/Inspection
Ordering Period 01 October 2023—30 September 2024 (Option Year 3)
FOB: Destination Contractor shall furnish all labor, supervision, tools, equipment, transportation, material, and
92d Contracting Squadron RFQ FA462020Q0006
4001 Sewer Cleaning/Inspection
Ordering Period 01 October 2024—30 September 2025 (Option Year 4)
FOB: Destination Contractor shall furnish all labor, supervision, tools, equipment, transportation, material, and
Notice to Vendor(s): Funds are not presently available for this effort. No task order awards will be made under this solicitation until funds are available. The government reserves the right to cancel this solicitation, either before or after the closing date and has no obligation to reimburse a vendor for any costs.
FAR Provision 52.212-1, Instruction to Offerors–Commercial Items (MAR 2020), applies to this acquisition and is incorporated by reference. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:
Addendum FAR 52.212-1, Instructions to Offerors–Commercial Items:
NOTE: All headings in bold are referencing back to the basic provision 52.212-1.
Paragraph (a); first sentence revised: The NAICS code is 562998 and size standard of $8M.
Paragraph (b); in addition to the required information provide the following with your quote:
Subparagraph (6); Provided pricing for Line Items 0001, 1001, 2001, 3001, and 4001. Please make sure to include any discount terms if applicable.
Firm Fixed Priced quotes: The resultant contract will be Firm Fixed Priced, accordingly, pricing is not subject to revision and/or negotiation if selected for contract award. Quotes shall include pricing for all line items and prices shall not be more than two (2) decimal places.
Subparagraph (8); All vendors must be registered and active in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ at time of quote submittal to be considered for award. Vendors must complete all necessary fill-ins and certifications in the on-line Representations and Certifications and return the provision FAR 52.212-3, Offeror Representations and Certifications
– Commercial Items para (b) along with the quote.
DUNS Number/Cage Code: _________/_____________ Number of Employees/Total Yearly Revenue___________/______________
All vendors must complete fill-in clauses/provisions included in this solicitation and provide them, with their quote.
92d Contracting Squadron RFQ FA462020Q0006
PLEASE NOTE: as a WOSB set-aside, all offerors are required to fill out paragraph (c) of 52.212-3 and certify that all of the required documentation has been submitted to the WOSB Repository. Registration in the WOSB Repository is required at time of quote submission to be considered for award.
Subparagraph (9); Amendments - Vendor will acknowledge, sign and submit with their quote all solicitation amendments
Subparagraph (10); PAST PERFORMANCE INFORMATION - All completed past performance questionnaires shall be submitted by the Past Performance Point of Contact (PP POC), upon completion, to the Contracting Officer and the Contract Specialist. Vendors shall submit recent and relevant contact information for a maximum of two (2) references for sewer cleaning and video inspection services.
a) To be considered recent, for a particular contract or combination of contracts, services must have been and/or are currently being provided at any time within the last three (3) years from the date of issuance of this solicitation.
b) To be considered relevant, vendors must have performed services similar to the services described in the PWS.
1. The vendor will be responsible for contacting the PP POC referenced in their quote. The PP
POCs will be requested to complete the Past Performance Questionnaire (Attachment 5) which must be submitted directly from the past performance POC to the Contracting Officer/Specialist.
THE RESPONSIBILITY FOR PROVIDING THE QUESTIONAIRES TO THE PP
POCs AND VERIFY RECEIPT BY THE GOVERNMENT OF THE COMPLETED
QUESTIONNAIRES RESTS SOLEY WITH THE VENDOR.
2. For each past performance POC, vendors must provide the following information to the contracting officer:
Company/Division name/Contracting Agency/Customer Name Name, address, and email Description of service provided (to include laundered items, quantities, locations) Contract number (if applicable) Contract value Period of performance
Paragraph (c); first sentence revised as follows: The vendor agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote.
To assure timely and equitable evaluation of the quotes, vendors must follow the instructions provided in FAR 52.212-1 and are required to meet all solicitation requirements, failure to meet a requirement may result in an quote being ineligible for award. The government’s terms, conditions, and respective clauses contained within this solicitation are prescribed IAW the FAR, and are not subject to conditionally proposed revisions or changes requested by offerors.
92d Contracting Squadron RFQ FA462020Q0006
Paragraph (f); Quotes must be sent as stated below, if provided by any other method, incomplete, or missing required items may not be considered. If submitting via email, it is recommended a read/delivery receipt is attached to the email.
RFQ due date/time: 15 June 2020/ 1:00 P.M. PDT
Email to: TSgt Matthew Rumptz at matthew.rumptz@us.af.mil and Zachery Ray at zachery.ray.2@us.af.mil .
Mail/Hand deliver to: ATTN: TSgt Matthew Rumptz or Mr. Zachery Ray
92d Contracting Squadron 110 W Ent Street Fairchild AFB, WA 99011
Note: If quotes are mailed or hand delivered, an electronic version of all documents must be provided at time of submission. Beware, “.zip” files are not an acceptable format for the Air Force Network and will not go through government email systems.
Paragraph (g); Interchanges: The government intends to award a contract without Interchanges with respective vendors. The government however, reserves the right to conduct Interchanges, with all, some, or none of the vendors, if deemed in its best interest.
Virtual Pre-proposal Conference/Site Visit at Fairchild AFB
(a) Due to COVID-19 access restrictions a “virtual” pre-proposal conference will be conducted.
(b) Vendors are requested to submit specific questions to the points of contact noted above not later than 2 June 2020 at 1:00 PM Pacific Daylight Time. Questions should reference specific sections of the solicitation, PWS, or other attachments to aid the government in providing an answer(s). If needed, the government may post pictures to help answer contractor questions. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing.
(d) A record of the conference will be made by the government and furnished to all prospective vendors.
The record will include meeting minutes, questions and answers.
FAR Provision 52.212-2, Evaluation-Commercial Items (MAR 2020)
(a) Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures IAW FAR 13.106 and 13.5. The government will award a contract resulting from this RFQ to the responsible vendor whose quote, conforming to the RFQ, will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate quotes:
Past Performance and Price
This evaluation will be conducted as a Subjective Trade-off; where Past Performance is approximately equal to price.
(b) Option periods. The government will evaluate quotes for award purposes by adding the total price for all option periods (CLIN 0001, 2001, 3001, and 4001) to arrive at a Total Evaluated Price (TEP). The government may determine that a quote is unacceptable if the option period prices are significantly unbalanced.
92d Contracting Squadron RFQ FA462020Q0006
(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote’s specified expiration time, the government may accept a quote (or part of a quote), whether or not there are interchanges after its receipt, unless a written notice of withdrawal from the offeror is received before award.
FAR Provision 52.212-2, Evaluation-Commercial Items (MAR 2020), applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation:
Addendum 52.212-2-Evaluation Commercial Items
Basis for contract award: The government seeks to award to the vendor whose quote, conforming to the solicitation and for which all non-price factors have been determined to be Satisfactory and to represent the apparent best value to the government. Under a subjective evaluation process, trade-offs will be permitted between price and past performance. In order to be considered awardable, there must be a neutral rating or higher for the non-price factor. The two (2) evaluation factors used to evaluate quotes are: Past Performance and Price.
Evaluation steps:
Step 1: The government will evaluate all quotes for acceptability.
Step 2: Rank all acceptable quotes based upon vendor’s Total Evaluated Price (TEP) from lowest TEP to highest TEP.
Step 3: Evaluate lowest price vendor’s past performance and proceed in order of price until a past performance confidence assessment rating of “Satisfactory” is achieved or all quotes have been evaluated. If the lowest priced offer is evaluated to have a “Satisfactory Confidence” performance assessment, and is determined to be responsible, that offer represents the apparent best value for the government, and the evaluation process stops at this point. Award will be made to that offeror without further consideration of any other quotations.
Step 4: In the event that the government does not make an award pursuant to step 3 above, the government will evaluate the next lowest price offer and the process will continue (in order of price) until a quoter is judged to have a “Satisfactory Confidence” performance confidence assessment rating or until all quoters are evaluated. If the procedures in the paragraph take effect, the government reserves the right to award a contract to other than the lowest priced quoter if the quoter’s performance confidence assessment is rated “Neutral Confidence” or higher.
Step 5: The government will make an award to the lowest priced responsible offeror that has a Satisfactory confidence assessment rating. In the event that there are no offerors that meet this criteria the government reserves the right to make an integrated assessment based on price and past performance to select the successful offeror.
Past Performance. The Past Performance evaluation is an assessment of the vendor’s probability of meeting the past performance solicitation requirements. This factor is met if a vendor’s record of recent past performance information meets the following criteria:
1. Is three (3) years or less from the date of issuance of this solicitation and;
2. The vendor performed sewer cleaning and inspection services, as described in the PWS, which are similar to Fairchild’s requirement.
92d Contracting Squadron RFQ FA462020Q0006
The government will assign a relevancy rating for each recent past performance contract reference below.
Table 1. Past Performance Relevancy Ratings Method
Adjectival Rating Description Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.
Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.
All recent and relevant past performance contract references will be evaluated to determine how well the vendor performed on the prior contracts. This evaluation will result in an assessment of quotes to determine the highest past performance rating possible, see Table 2.
Table 2. Past Performance Confidence Assessment
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.
NOTE: In the case of a vendor without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance information rating can be reasonably assigned, the vendor may not be evaluated favorably or unfavorably on past performance.
Therefore, the vendor shall be determined to have unknown (or “neutral”) past performance.
Sources of Past Performance. In addition to the Past Performance Questionnaires (Attachment 5) completed by the points of contact listed in the quote, the government will also utilize data independently obtained from other government and commercial sources. These sources may include, but are not limited to, Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of the contractors who are part of a partnership/joint venture or teaming agreement identified in the vendors quote, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), and any other known sources not provided by the vendor.
NOTE: Completed questionnaires shall be emailed from past performance points of contact to:
TSgt Matthew Rumptz at matthew.rumptz@us.af.mil and Zachery Ray at zachery.ray.2@us.af.mil.
Price Evaluation. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; vendor may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.
92d Contracting Squadron RFQ FA462020Q0006
The government will evaluate prices submitted for Line Items 0001, 1001, 2001, 3001, and 4001. The government will check for unbalanced pricing. Next each Line Item will be added together to arrive at a Total Evaluated Price (TEP). Failure to propose prices for all line items will render the quote incomplete and potentially removed from further award consideration.
Vendors should propose the best pricing to the government for each item in arriving at the most competitive price. Price information submitted in each vendor’s price quote, as required by the Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items, will be evaluated to determine if proposed prices are fair and reasonable IAW FAR 13.106-3. Unbalanced pricing may pose an unacceptable risk to the government and may be a reason to reject a vendor’s quote.
(End of Addendum)
FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Items (OCT 2018), applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the government.
Note: The vendor acknowledges that should the quote terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting vendor terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.
PROVISIONS/CLAUSES INCORPORATED BY REFERENCE
CLAUSE NO. CLAUSE TITLE DATE
52.203-3 Gratuities. 1984-04 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal
Transactions.
2007-09
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform
Employees of Whistleblower Rights.
2014-04
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
2017-01
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-7 System for Award Management. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.212-1 Instructions to Offerors-Commercial Items. 2020-03 52.212-3 Offeror Representations and Certifications Commercial Items Alt 1 2020-03 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.237-1 Site Visit 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.242-13 Bankruptcy. 1995-07 252.201-7000 Contracting Officer's Representative 1991-12 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2011-11
92d Contracting Squadron RFQ FA462020Q0006
252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7006 Billing Instructions. 2005-10 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 2018-01 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous
Materials.
2014-09
252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06
PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT
52.204-19 Incorporation by Reference of Representations (DEC 2014) And Certifications.
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.204-22 Alternative Line Item Proposal (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
52.204-24 Representation Regarding Certain Telecommunications and Video (DEC 2019) Surveillance Services or Equipment.
“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
92d Contracting Squadron RFQ FA462020Q0006
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—
(1)A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number;
and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
52.212-5 Contract Terms and Conditions Required to Implement Statutes (MAR 2020) or Executive Orders-Commercial Items
(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)).
92d Contracting Squadron RFQ FA462020Q0006
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).
(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 (Sep 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 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.
L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (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. 6101note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12)
(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
92d Contracting Squadron RFQ FA462020Q0006
__ (13) [Reserved]
_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).
__ (ii) Alternate I (Mar 2020).
__ (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_X_ (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 (Mar 2020) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Mar 2020) of 52.219-9.
__ (v) Alternate IV (Aug 2018) of 52.219-9
_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
_X_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
_X_ (22)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
_X_ (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 (Mar 2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).
92d Contracting Squadron RFQ FA462020Q0006
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31)
(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35)
(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).
_X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
92d Contracting Squadron RFQ FA462020Q0006
__ (41)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (43)
(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (49)
(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.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
92d Contracting Squadron RFQ FA462020Q0006
__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
_X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).
__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (62)
(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:
__ (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).
_X_ (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).
Description Employee Class Monetary Wage-Fringe Benefits
Plumbing WG-4206-09 $24.40 - +/-31.2%
_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (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).
_X_ (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).
92d Contracting Squadron RFQ FA462020Q0006
_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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.
(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
92d Contracting Squadron RFQ FA462020Q0006
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)
(xii) 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.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv)
(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).
(xv) 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).
(xvi) 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).
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 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).
(xxii) 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.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
92d Contracting Squadron RFQ FA462020Q0006
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 $150,000.00
(2) Any order for a combination of items in excess of $650,000.00
(3) A series of orders from the same ordering office within 1 day 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 1 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.
(End of clause)
52.216-21 Requirements (OCT 1995)
(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 30 September 2025.
(End Clause)
92d Contracting Squadron RFQ FA462020Q0006
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 calendar 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 5 years.
(End of clause)
52.219-1 Small Business Program Representations. (MAR 2020)
(a) Definitions. As used in this provision-
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States,…
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