FA462020Q0008 Combo RFQ - Snow Removal RS.pdf

92d Contracting Squadron RFQ FA462020Q0008

COMBINED SYNOPSIS/SOLICITATION

92nd CES Snow and Ice Removal

FA462020Q0008

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 FA462020Q0008 for 92nd CES Snow and Ice Removal 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 small business and will utilized the North American Industry Classification System (NAICS) code 561790 with a size standard of $8M and a PSC of S218. 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 Snow and Ice Removal Services at Fairchild AFB, WA in accordance with the attached Performance Work Statement (PWS). The contract CLIN structure is detailed below and shall be priced IAW Attachment 2a--Pricing Schedule and Appendices.

In accordance with FAR 17.106-2 this is a multi-year contract (5 year duration) with ordering periods that coincide with the government fiscal year (1 Oct through 30 Sep). The following provisions apply:

a. The cancellation ceiling is limited to no more than 2% of the offeror’s price for the respective ordering period.

b. The government will notify the contractor in writing no less than 60 days prior to the start date of the ordering period if the government intends to cancel the requirement.

c. If cancellation occurs, the government’s liability will be determined by the terms of the applicable contract.

d. Award will not be made on less than the first program year requirements.

e. The cancellation ceiling shall not be an evaluation factor.

f. In the event that funds are not made available for the continuation of this contract the contract shall be cancelled or terminated.

g. If the prospective offerors intent is to provide separate price for the annual and multi-year offers then offerors are directed to provide two copies of the completed pricing schedule (Attachments 2a and 2b) with one copy labeled as annual pricing and the other labeled as multi-year pricing. If only one pricing schedule is submitted then the government will use that pricing schedule to fulfill both the annual and the multi-year requirements.

92d Contracting Squadron RFQ FA462020Q0008

ITEM

NO

DESCRIPTION QTY UNIT AMOUNT

0001 Snow and Ice Removal Services 10 LOTS *SEE PRICING SCHEDULE

Ordering Period 01 October 2020—30 September 2021

FFP

FOB: Destination Lot will represent the total service price of all PRIORITY ONE parking lots and sidewalks in the pricing schedule for one “Snow Event”.

*See Pricing Schedule for prices used for current ordering period

DESCRIPTION QTY UNIT AMOUNT

0002 Snow and Ice Removal Services 10 LOTS *SEE PRICING SCHEDULE

Ordering Period 01 October 2020—30 September 2021

FFP

FOB: Destination Lot will represent the total service price of all PRIORITY TWO AND THREE parking lots and sidewalks in the pricing schedule for one “Snow Event”.

DESCRIPTION QTY UNIT AMOUNT

0003 Snow and Ice Removal Services 10 LOTS *SEE PRICING SCHEDULE

Ordering Period 01 October 2021—30 September 2022

FFP

FOB: Destination Lot will represent the total service price of all PRIORITY ONE parking lots and sidewalks in the pricing schedule for one

DESCRIPTION QTY UNIT AMOUNT

0004 Snow and Ice Removal Services 10 LOTS *SEE PRICING SCHEDULE

Ordering Period 01 October 2021—30 September 2022

FFP

FOB: Destination Lot will represent the total service price of all PRIORITY TWO AND THREE parking lots and sidewalks in the pricing

92d Contracting Squadron RFQ FA462020Q0008

DESCRIPTION QTY UNIT AMOUNT

0005 Snow and Ice Removal Services 10 LOTS *SEE PRICING SCHEDULE

Ordering Period 01 October 2022—30 September 2023

FFP

FOB: Destination Lot will represent the total service price of all PRIORITY ONE parking lots and sidewalks in the pricing schedule for one

DESCRIPTION QTY UNIT AMOUNT

0006 Snow and Ice Removal Services 10 LOTS *SEE PRICING SCHEDULE

Ordering Period 01 October 2022—30 September 2023

FFP

FOB: Destination Lot will represent the total service price of all PRIORITY TWO AND THREE parking lots and sidewalks in the pricing

DESCRIPTION QTY UNIT AMOUNT

0007 Snow and Ice Removal Services 10 LOTS *SEE PRICING SCHEDULE

Ordering Period 01 October 2023—30 September 2024

FFP

FOB: Destination Lot will represent the total service price of all PRIORITY ONE parking lots and sidewalks in the pricing schedule for one

DESCRIPTION QTY UNIT AMOUNT

0008 Snow and Ice Removal Services 10 LOTS *SEE PRICING SCHEDULE

Ordering Period 01 October 2023—30 September 2024

FFP

FOB: Destination Lot will represent the total service price of all PRIORITY TWO AND THREE parking lots and sidewalks in the pricing

92d Contracting Squadron RFQ FA462020Q0008

DESCRIPTION QTY UNIT AMOUNT

0009 Snow and Ice Removal Services 10 LOTS *SEE PRICING SCHEDULE

Ordering Period 01 October 2024—30 September 2025

FFP

FOB: Destination Lot will represent the total service price of all PRIORITY ONE parking lots and sidewalks in the pricing schedule for one

DESCRIPTION QTY UNIT AMOUNT

0010 Snow and Ice Removal Services 10 LOTS *SEE PRICING SCHEDULE

Ordering Period 01 October 2024—30 September 2025

FFP

FOB: Destination Lot will represent the total service price of all PRIORITY TWO AND THREE parking lots and sidewalks in the pricing

NOTE: The total estimated 5yr value to be included on the contract award from the Pricing Schedule.

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 561790 and size standard of $8M.

Paragraph (b); in addition to the required information provide the following with your quote:

Subparagraph (6); Complete the provided Pricing Schedule attached to this RFQ (Attachment 2a

“Multi-Year”). If annual pricing is different than Multi-year pricing please provide pricing separately using Attachment 2b “Annual”. The offeror will only fill out the price per square yard items highlighted in yellow. The worksheet contains locked cells and will calculate total prices. Please make sure to include any discount terms if applicable.

92d Contracting Squadron RFQ FA462020Q0008

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 items in the Price Schedule and unit 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___________/______________

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 three (3) contracts for snow and ice removal 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 snow removal 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 120 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote.

92d Contracting Squadron RFQ FA462020Q0008

A. 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.

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.

Paragraph (k); Submit a written plan, see DFARS clause 252.237-7024 below, describing how the vendor will continue to perform the essential contractor services listed in the PWS during contingencies such as heightened Force Protection conditions or a pandemic. The approved written plan and will be incorporated into the resulting contract.

RFQ due date/time: 16 June 2020/ 1:00 P.M. PDT

Email to: Clifford Dockter at clifford.dockter@us.af.mil and Zacherery Ray at zachery.ray.2@us.af.mil .

Mail/Hand deliver to: ATTN: Mr. Clifford Dockter or Mr. Zacherery 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 1 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 (OCT 2014)

(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:

92d Contracting Squadron RFQ FA462020Q0008

Past Performance and Price

This evaluation will be conducted as a Subjective Trade-off; where Past Performance is approximately equal to price.

(b) Ordering periods. The government will evaluate quotes for award purposes by adding the total price for all ordering periods to arrive at a Total Evaluated Price (TEP). The government may determine that a quote is unacceptable if the ordering period prices are significantly unbalanced.

(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 (OCT 2014), 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 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 satisfactory 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 or higher is achieved or all quotes have been evaluated.

Step 4: The government will verify that offerors have submitted a written contingency plan as outlined in DFARS 252.237-7023 and 252.237-7024. The contingency plan will not be used as a basis of award;

however, failure to submit a contingency plan with an offeror’s quote may result in a contractor being removed from consideration for award.

Step 5: The government will make an award to the lowest priced responsible offeror that has a Satisfactory or higher confidence assessment rating. In the event that there are no offerors that meet this criteria the government reserves the right to make a 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;

92d Contracting Squadron RFQ FA462020Q0008

2. The vendor performed snow removal services, as described in the PWS, which are similar to Fairchild’s requirement.

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

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.

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), Electronic Subcontracting Reporting System (eSRS), and any other known sources not provided by the vendor.

NOTE: Completed questionnaires shall be emailed from past performance points of contact to:

Clifford Dockter at clifford.dockter@us.af.mil and Zachery Ray at zachery.ray.2@us.af.mil.

92d Contracting Squadron RFQ FA462020Q0008

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.

The government will evaluate prices submitted in the Multi-Year Pricing Schedule (Attachment 2a). The government will multiply the priority per square yard price by the estimated workload square yard to reach a total price for each area designated. Then the total prices for designated areas will be added together to reach a total price per event. Then the total event price will be multiplied by 10 events for each ordering period (FY 21, FY 22, FY 23, FY 24, and FY 25). Next each ordering period will be added together to arrive at a Total Evaluated Price (TEP). Failure to propose all items on the schedule will render the quote incomplete and potentially removed from further award consideration.

Note: Attachment 2b “Annual Pricing” will only be evaluated if the government elects to award a 1 year contract. If Attachment 2b is evaluated the government will use the same methodology listed in the paragraph above.

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.

Contingency Plan. Offerors shall submit a written contingency plan as outlined in DFARS 252.237- 7023 and 252.237-7024. The contingency plan will not be used as a basis of award; however, failure to submit a contingency plan with an offeror’s quote may result in a contractor being removed from consideration for award. The approved contingency plan will be incorporated into the awarded contract.

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.

92d Contracting Squadron RFQ FA462020Q0008

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 52.217-2 Cancellation Under Multi-year Contracts 1997-10 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 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. As prescribed in 203.171-4(b), insert the following provision:

2011-11

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. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 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 Qaulifying Country Sources as Subcontrcators 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns.

2019-04

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

92d Contracting Squadron RFQ FA462020Q0008

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.204-19 Incorporation by Reference of Representations

And Certifications.

(DEC 2014)

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)

(End of Clause)

52.204-22

Alternative Line Item Proposal. (JAN 2017)

As prescribed in 4.1008 , insert the following provision:

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)

(End of Clause)

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment.

(DEC 2019)

“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.

(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”.

92d Contracting Squadron RFQ FA462020Q0008

(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 or Executive Orders-Commercial Items.

(MAR 2020)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 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)).

92d Contracting Squadron RFQ FA462020Q0008

(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.

__ (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.

92d Contracting Squadron RFQ FA462020Q0008

_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)).

__ (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).

_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).

92d Contracting Squadron RFQ FA462020Q0008

__ (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.

__ (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)

92d Contracting Squadron RFQ FA462020Q0008

(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).

__ (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).

92d Contracting Squadron RFQ FA462020Q0008

__ (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

Truck Driver (Light) WG-5701-05 $19.16 - +/-40.3%

Truck Driver (medium) WG-5701-06 $20.46 - +/-40.3%

_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).

_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).

92d Contracting Squadron RFQ FA462020Q0008

(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.

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

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

92d Contracting Squadron RFQ FA462020Q0008

(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 FA462020Q0008

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 $50,000.00

(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.