Attachment 1 FA462020QA200 - Combo RFQ Elevators (REV 2).pdf

FA462020QA200

COMBINED SYNOPSIS/ SOLICITATION

FA462020QA200

ELEVATOR SERVICES

FAIRCHILD AFB, WA

21 February 2020

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subparts 12.6, 13.106, 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.

Solicitation FA462020QA200, Elevator Services for the 92d Civil Engineer Squadron (CES) is hereby issued as a Request for Quote (RFQ).

The following solicitation document, incorporated provisions, and clauses are in effect through

Federal Acquisition Circular 2019-05 effective 13 August 2019.

This solicitation has been set aside 100% for Small Business under the NAICS Code of 811310, with a small business size standard of $8,000,000.00. 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. Employees that access Fairchild in the performance of duties under this requirement must be US citizens.

The government request quotes for following line items for a Five Year Ordering Period.

Ordering Period): 1 OCT 20 - 30 Sept 25

CLIN DESCRIPTION QTY U/I UNIT PRICE

Monthly Maintenance Service Vertical Transportation

Equipment (VTE) Service at Fairchild AFB, WA. To include all monthly inspections, maintenance, repairs, replacements, routine and emergency service calls IAW the attached

Performance work statement (PWS).

Ordering Period: 1 OCT 20 - 30 Sept 25

60 MO $____.__

Excluded SVS (Reimbursable) Vertical Transportation

Equipment (VTE) Service at Fairchild AFB, WA. This CLIN includes the requirements listed in the “Excluded Services” section of the PWS.

Ordering Period: 1 OCT 20 - 30 Sept 25

* NOTE: To be negotiated per each occurrence.

N/A N/A N/A

The Contractor shall perform 5-year over-speed valve test in accordance with American National Standards Institute

A17.1. for elevators located at Fairchild AFB WA.

Ordering Period: 1 OCT 20 - 30 Sept 25 (anticipated once during the first year)

1 EA $____.__

Total $_____.__ http://www.sam.gov/ http://www.airforcesmallbiz.af.mil/ http://sba.gov/

Provisions 52.212-1, Instructions to Offerors – Commercial and 52.212-2, Evaluation –

Commercial Items, apply to this acquisition along with the listed addenda’s to the provisions. Past performance and price shall be used to evaluate offers.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and

Certifications -- Commercial Items. For offerors with a current registration in the System for

Award Management (SAM) complete paragraph (b) of the provision and submit with the response to the RFQ.

Clause 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition along with the listed addenda’s to the clause.

Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items and selected clauses within the clause apply to this acquisition.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT

2018) –ADDENDUM

To ensure timely and equitable evaluation of the quotation, the offeror must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

Offerors must be currently registered in the System for Award Management (https://sam.gov) and agree to remain registered while performing services on Fairchild AFB, WA. The offerors response shall consist of a:

1. Price quotation

2. Fill-In Clauses/Provisions

3. Amendments

4. Past performance information

1. Pricing: The proposal must be submitted for the 5 year ordering period. Offerors shall provide pricing for Line items 0001 and 0003. The government will populate Line Item 0002 because it is a reimbursable CLIN to be negotiated per occurrence IAW the PWS. The extended amount for each Line Item must equal the unit price multiplied by the number of units.

It is imperative the mathematical calculations are correct. Numeric rounding shall be limited to two decimal places. The government will add the total for Line items 0001, 0002, and 0003 to determine the Total Evaluated Price (TEP) for each offeror.

- Discount terms offered. (If applicable)

- Contractor’s name, address, and CAGE code.

2. Fill-In Clauses/Provisions: Offerors are required to complete all clauses/provisions that require Fill-ins and submit them with their quote. Note: For 52.212-3, If the Offeror has https://sam.gov/ completed the annual, representations and certification electronically in the System for Award

Management (SAM) accessed through https://www.sam.gov. Only paragraph (b) of the provision is required.

3. Amendments: Offerors must acknowledge all amendments to this solicitation (If

Amendments are issued)

4. Past Performance Information:

Past Performance Surveys: The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. The government will use information submitted by the offeror and other sources such as other Federal government offices, state and municipal offices, and commercial sources, to assess performance. Provide a list of no more than three (3) references, for the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years. Relevant contracts include elevator maintenance similar to the requirements of the PWS (Attachment 1). The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the current acquisition. However, subcontractor, and predecessor company information will not be considered as highly as past performance information for the principal offeror. The government will use a past performance questionnaire (Attachment 4) to evaluate contractor references.

Past Performance Questionnaires: Are to be completed by the references provided by the offeror. (Please note: The contractor is responsible for ensuring all questionnaire responses are received by the government, via email or Fax, before the quotation due date and time required by this solicitation). If none are received then Past Performance will be rated as Neutral for that reference.

Furnish the following information for each contract referenced:

1. Company/Division name

2. Product/Service

3. Contracting Agency/Customer

4. Contract Number

5. Contract Dollar Value

6. Period of Performance

7. Verified, up-to-date name, address, FAX, and telephone number of the contracting officer

8. Comments regarding compliance with contract terms and conditions. The Government may use information submitted by the offeror and other sources such as other Federal Government offices, state and municipal offices, and commercial sources, to assess performance. If no Past

Performance is available, the offeror may not be evaluated favorably or unfavorably on past performance: the offeror will receive a neutral rating.

Interchanges: The government intends to award a purchase order without interchanges with respective vendors/quotes. The government however, reserves the right to conduct interchanges if deemed in its best interest

Quotes Submissions: Quotes are due no later than, 24 February 2020, at 2:00 PM (Pacific https://www.sam.gov/

Time). Offerors are responsible for verifying receipt of their quotes to this office before offer due date and time.

Quotes will be emailed to:

clifford.dockter@us.af.mil and zachery.ray.2@us.af.mil

Or may be mailed to:

92d Contracting Squadron c/o: Clifford Dockter and Zachery Ray

110 W. Ent St., Suite 200

Fairchild AFB, WA 99011

For questions regarding this RFQ please contact:

Clifford Dockter at 509-247-8141 or Mr. Zachery Ray 509-247-2608

Upon award and satisfactory performance, payment will be through Wide Area Workflow.

NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE

(a) A pre-bid/pre-proposal conference will be conducted at The 92nd Contracting Squadron large conference room on 4 Feb 20 at 2:00 pm (Pacific Time) for the purpose of answering questions regarding this solicitation.

(b) Submit the names of all attendees (not to exceed 2 contractors from each company) to clifford.dockter@us.af.mil prior to 1:00 pm Pacific time 29 Jan 20. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.

(c) Bidders/Offerors are requested to submit questions to the point of contact noted above not later than Close of business day 7 Feb 20. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

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

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

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) – ADDENDUM (Using

13.106 Procedures)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror mailto:clifford.dockter@us.af.mil mailto:zachery.ray.2@us.af.mil whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

-Price

-Past Performance

(b) This is a competitive RFQ solicited under FAR Part 13.5, in which competing offeror’s price and past performance will be evaluated where past performance is approximately equal to price. The evaluation process shall proceed as follows:

1. Price - Initially, the quotations will be ranked according to their total evaluated price (TEP) as identified by contract line item total pricing, Line Items 0001 through 0004. The Government will evaluate offers for award purposes by adding the total price for all CLINs for the ordering period.

The offeror’s price quotation will be evaluated, using one or more of the procedures and techniques defined in FAR 13.106-2 and FAR 13.106-3, in order to determine price reasonableness. For a price to be reasonable, it must represent a price that a prudent person would pay in the conduct of competitive business. Normally, price reasonableness is established through competitive quotations as described in FAR 13.106-3.

2. PAST PERFORMANCE – Next, the past performance of the lowest priced offeror will be evaluated. If this evaluation results in a past performance rating of “Substantial Confidence,” the past performance evaluations of the other offerors will be suspended and the lowest priced offeror will be determined to be the “best value.” If a “Substantial Confidence” rating is not achieved, then the next lowest offeror will be evaluated. The process will continue until an offer is rated

Substantial Confidence or all reasonably priced proposals are evaluated.

The Contracting Officer shall seek recent and relevant past performance information on the offeror’s ability to successfully provide elevator maintenance services based on (1) past performance evaluation questionnaires (Attachment 4) (completed by the references provided by the offeror) and (2) data independently obtained from other Government and commercial sources.

Relevant performance includes elevator maintenance services similar in scope to the requirements of the PWS conducted within the last three years. Relevant contracts include those contracts that showcase the offeror’s ability to perform elevator maintenance services similar to those required in the PWS. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in the RFQ, based on the offeror’s demonstrated present and past performance.

(a) Recent past performance information includes contracts performed and/or being performed for any customer within the last three (3) years from the issuance date of the solicitation. The assessment process will result in an overall performance confidence assessment rating of

Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or

Unknown Confidence as defined below. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub- contractors that will perform major or critical aspects of the requirement will not be considered as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating “Unknown Confidence”, meaning the rating is treated neither favorably nor unfavorably. Past performance relevancy will be scored as follows:

Very Relevant Present/past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved much of the magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance contractual effort involved some of the magnitude of effort and complexities than this solicitation requires.

Not Relevant Present/past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.

Confidence levels are defined as follows:

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.

In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions to permit a meaningful assessment of past performance. Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system.

(b) PRICE/PAST PERFORMANCE TRADE-OFF – If the lowest priced offer is not rated

Substantial Confidence, the Contracting Officer will make an integrated assessment best value award decision using a trade-off approach of Price and the Past Performance Confidence Rating.

(c) COMMUNICATIONS - Communications with offerors conducted to resolve minor or clerical errors will not constitute discussions, and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revision.

The Government intends to award a contract without discussions with respective offerors. The

Government, however, reserves the right to conduct discussions if deemed in its best interest.

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements-Representation.

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements.

JAN 2017

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance. OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.219-1 Small Business Program Representations OCT 2014

52.212-4 Contract Terms and Conditions-Commercial Items. OCT 2018

52.223-10 Waste Reduction Program MAY 2011

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction

Goals-Representations

DEC 2016

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.232-18 Availability Of Funds APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payment to Small Business Subcontractors DEC 2013

52.233-1 Disputes. MAY 2014

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Related to Compensation of Former DoD Officials SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7006 Billing Instructions. OCT 2005

252.204-7008 Compliance with Safeguarding Covered Defense Information

Controls.

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

Government of a Country that is a State Sponsor of Terrorism.

MAY 2019

252.215-7007 Notice of Intent to Resolicit. JUN 2012

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium. JUN 2013

252.225-7001 Buy American and Balance of Payments Program. DEC 2017

252.225-7002 Qualifying Country Sources as Subcontractors. DEC 2017

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7048 Export-Controlled Items. JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. JUN 2013

252.243-7001 Pricing of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.246-7008 Sources of Electronic Parts. MAY 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE 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.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or

Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“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”.

(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).

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is is not a corporation that was convicted of a felony criminal violation under a

Federal law within the preceding 24 months.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (NOV 2017) ALTERNATE I (DEC 2019)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in

SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The

Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

https://www.sam.gov/ http://www.sam.gov/

(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, 108-78 (19 U.S.C. 3805 note)).

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

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

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_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 (Aug 2018) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

_X__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

_X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

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

_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514

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

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

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

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

__X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management

(Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

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

___ (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).

Employee Classification Job Title Monetary Wage & Fringe

Benefit

WG 5313-11 Elevator Repairer $28.11 + 31.2%

WG 5313-10 Elevator Repairer Helper $26.72 + 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).

_X__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

_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 (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-

40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (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 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41

U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

52.216-19 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 $68,000.00; or

(2) A series of orders from the same ordering office within 364 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) 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 3 business 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)

52.216-22 INDEFINITE QUANITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the

Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that 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 Sep 2026.

(End of clause)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that-

It □has, □has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation;

It □has, □has not filed all required compliance reports; and

Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

252.216-7006 OREDERING. (SEP 2019)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule.

Such orders may be issued from 1 Oct 2021 through 30 Sep 2025.

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

(c) (1) If issued electronically, the order is considered “issued” when a copy has been posted to the

Electronic Data Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the…