FA4659-11-R-0001 MFH Maint_Mgmt RFP.doc

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Military Family Housing Maint & Mgmt
Solicitation number
FA4659-11-R-0001
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MFH Maintenance/Management Solicitation

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Amendment 8.pdf PDF
Amendment 4.rtf RTF text file
Attachment 2 MFH PWS dated 3 Jan 11.pdf PDF
Amnt 4 Attch.pdf PDF
Amendment 0003 Questions Answers.doc DOC document
Ammendment 2.pdf PDF
Site Visit Memo.pdf PDF
Amendment 1.doc DOC document
Attachment 1 - MFH PWS dated 28 Jul 10.doc DOC document
Attachment 5 - MFH Performance Plan.doc DOC document
Attachment 4 - Financial Institution Reference Sheet - Offeror.doc DOC document
Attachment 2 - Wage Determination Rev 10.doc DOC document
Attachment 3 - Past and Present Performance Surey.doc DOC document
Solicitation Cover Letter.doc DOC document
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Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

MFHMM Basic 1 Feb 2011 - 31 Jan 2012

FFP

Military Family Housing Mangement and Mainentance basic from 1 Feb 2011 through 31 Jan 2012 IAW performance work statement

FOB: Destination

PURCHASE REQUEST NUMBER: F0000000RFPHOUSING

SIGNAL CODE: A

ESTIMATED

NET AMT

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

0001AA

12
Months

Housing Mngmnt Basic

Housing Mangement basic from 1 Feb 2011 - 31 Jan 2012 IAW performance work statement

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

0001AB

12
Months

Furnish Mngmt Basic

Furnishing Management basic from 1 Feb 2011 - 31 Jan 2012 IAW performance work statement

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

0001AC

12
Months

Hsg Maint Basic

Housing Maintenance basic from 1 Feb 2011 - 31 Jan 2012 IAW performance work statement

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

0001AD

1
Lump Sum

Hsg Maint Unsched

Housing Maintenance Unscheduled Line Items (com work orders) from 1 Feb 2011 - 31 Jan 2012 IAW performance work statement. See attached pricing schedule 0001AD

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

0001AE

1
Lump Sum

Hsg Maint Minor Structure

Housing Maintenance Minor Structure and reimbursibles from 1 Feb 2011 - 31 Jan 2012 IAW performance work statement. See attached pricing schedule 0001AE

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
EST . QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AF

Lump Sum

Hsg Refer & Stove

COST

Housing Refrigerators and Stoves from 1 Feb 2011 - 31 Jan 2012 IAW performance work statement. See attached pricing schedule 0001AF

FOB: Destination

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
EST . QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AG

Lump Sum

Furnish Mgmt Reimb

Furnishings Management reimbursable line item from 1 Feb 2011 - 31 Jan 2012 IAW performance work statement. See attached pricing schedule 0001AG

FOB: Destination

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
EST . QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AH

Lump Sum

Hsg Mngmt Reimb

Housing Management reimbursable line item from 1 Feb 2011 - 31 Jan 2012 IAW performance work statement. See attached pricing schedule 0001AH

FOB: Destination

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
EST . QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001AJ

Lump Sum

Self Help MFH

Self Help MFH line item from 1 Feb 2011 - 31 Jan 2012, IAW performance work statement. See attached pricing schedule 0001AJ

FOB: Destination

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

0001AK

12
Months

Maint Phone Sump Pumps

Maintainance of phone lines for sump pump phone lines Alarm/Temperature Sensors 1 Feb 2011 - 31 Jan 2012 IAW Performance Work Statement.

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

0001AL

1
Lump Sum

Sump Pump Reimb

Sump Pump reimbursable line item for sump pump alarm sensors 1 Feb 2011 - 31 Jan 2012 IAW performance work statement. See attached pricing schedule 0001AL

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT
OPTION
MFHMM Option Year 1 Feb 12-31 Jan 13

FFP

Military Family Housing Mangement and Mainentance basic from 1 Feb 12-31 Jan 13 IAW performance work statement

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

1001AA

12
Months
OPTION
Housing Mgmnt Opt Yr

FFP

Housing Mangement option from 1 Feb 12-31 Jan 13 IAW performance work statement

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

1001AB

12
Months
OPTION
Furnish Mngmt Opt Yr

FFP

Furnighing Management option period from 1 Feb 12-31 Jan 13, IAW performance work statement

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

1001AC

12
Months
OPTION
Hsg Maint Opt Yr

FFP

Housing Maintenance option period from 1 Feb 12-31 Jan 13, IAW performance work statement

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

1001AD

1
Lump Sum
OPTION
Hsg Maint Unsched Opt Year

FFP

Housing Maintenance Unscheduled Line Items (com work orders) option from 1 Feb 12-31 Jan 13, IAW performance work statement. See attached pricing schedule 1001AD

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

1001AE

1
Lump Sum
OPTION
Hsg Maint Minor Str Opt Year

FFP

Housing Maintenance Minor Structure and reimbursibles option period from 1 Feb 12-31 Jan 13, IAW performance work statement. See attached pricing schedule 1001AE

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
EST . QUANTITY
UNIT
UNIT PRICE
AMOUNT

1001AF

Lump Sum

OPTION
Hsg Refer & Stove Opt Year

COST

Housing Refrigerators and Stoves option period from 1 Feb 12-31 Jan 13, IAW performance work statement.See attached pricing schedule 1001AF

FOB: Destination

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
EST . QUANTITY
UNIT
UNIT PRICE
AMOUNT

1001AG

Lump Sum

OPTION
Furnish Mgmt Reimb Opt Year

COST

Furnishings Management reimbursable line item option period from 1 Feb 12-31 Jan 13, IAW performance work statement IAW performance work statement.See attached pricing schedule 1001AG

FOB: Destination

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
EST . QUANTITY
UNIT
UNIT PRICE
AMOUNT

1001AH

Lump Sum

OPTION
Hsg Mngmt Reimb Opt Year

COST

Housing Management reimbursable line item option period from 1 Feb 12-31 Jan 13, IAW performance work statement IAW performance work statement. See attached pricing schedule 1001AH

FOB: Destination

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
EST . QUANTITY
UNIT
UNIT PRICE
AMOUNT

1001AJ

Lump Sum

OPTION
Self Help MFH Opt Year

COST

Self Help MFH line item option period from 1 Feb 12-31 Jan 13, IAW performance work statement, IAW performance work statement. See attached pricing schedule 1001AJ

FOB: Destination

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

1001AK

12
Months
OPTION
Maint Phone Sump Pump Opt Year

FFP

Maintainance of phone lines for sump pump phone lines Alarm/Temperature Sensors option period from 1 Feb 12-31 Jan 13, IAW performance work statement

FOB: Destination

ESTIMATED

ITEM NO
SUPPLIES/SERVICES
ESTIMATED QUANTITY
UNIT
UNIT PRICE
ESTIMATED AMOUNT

1001AL

1
Lump Sum
OPTION
Sump Pump Reimb Opt Year

FFP

Sump Pump reimbursilble line item for sump pump alarm sensors option period from 1 Feb 12-31 Jan 13, IAW performance work statement. See attached pricing schedule 1001AL

FOB: Destination

ESTIMATED

ESTIMATED QTY PRICE SCHEDULE

BASE YEAR PRICING SCHEDULE

CLIN 0001AD

Unit of

Item Description

Qty Issue

Amount

1
Major painting (unoccupied) includes garages
5,500,00
Square Foot
2
Major painting occupied unit
10,000
Square Foot
3
Basement floor painting
500
Square Foot
4
Exterior Painting
8,000
Square Foot
5
Varnish Major refinishing of all wood varnished accessories (excluding wood floors)
10,000
Square Foot
6
Refinish Wood Floors, Type A Major Floor refinishing complete and/or partial (see SOW para 1.13(b)(1)
2,500
Square Foot
7
Sump Bypass including plastic fittings, valves and lines
36
Each
8
Major replacement of wood flooring
1,000
Square Foot
9
Major replacement sheet vinyl or tile
5,000
Square Foot
10
Major replacement of subflooring
1,000
Square Foot
11
Install Carpet Pad
30,000
Square Yard
12
Install Carpet - 30 oz. (Major/Original)
30,000
Square Yard
13
Install Carpet - 40 oz. (Major/Original
30,000
Square Yard
14
Major Carpet and or Pad Removal
30,000
Square Yard
15
Countertop replacement (old style)
500
Linear Foot
16
Install 110 volt outlet
20
Each
17
Housing unit cleaning (all types and styles)
400
Each
18
Abandoned Cleaning
4
Each
19
Odor removal in housing units
16
Each
20
Heat duct cleaning
20
Each
21
Replace fire extinguishers
50
Each
22
Carpet cleaning
200,000
Square Foot
23
Countertops new housing
400
Linear Foot
24
Major make ready cleaning
50
Each
25
Garage door openers
5
Each
26
Garage door opener outlets
5
Each
27
Removal of appliances from tear down units
100
Each
28
Dishwasher
75
Lump Sum

NTE $25,000.00

Total Amount CLIN 0001AD:___________________________

CLIN 0001AE

Amount

1
Reimbursables, total estimated cost of materials, parts and supplies for which the contractor may be reimbursed under provisions of this contract (Contractor pays first $75.00)
1
Lump Sum
NTE $60,000.00
2
Minor Structural Repair
1
Lump Sum
NTE $60,000.00

Total Amount CLIN 0001AE:____________________________

CLIN 0001AF

Amount

1
Refrigerator and stove
1
Lump Sum
NTE $50,000.00

Total Amount CLIN 0001AF:____________________________

CLIN 0001 AG

Amount

1
Furnishing Management Reimbursables
N/A
Lump Sum
NTE $6,600.00

Total Amount CLIN 0001AG:___________________________

CLIN 0001AH

Amount

1
Housing Management Reimbursables
N/A
Lump Sum
NTE $11,000.00

Total Amount CLIN 0001AH:____________________________

CLIN 0001AJ

Amount

1
Self Help Reimbursables
N/A
Lump Sum
NTE $100,000.00

Total Amount CLIN 0001AJ:_____________________________

CLIN 0001AL

Amount

1
Sump Pump Reimursables
N/A
Lump Sum
NTE $3,656.96

Total Amount CLIN 0001AL:_____________________________

OPTION YEAR PRICING SCHEDULE

CLIN 1001AD

Amount

1
Major painting (unoccupied) includes garages
5,500,00
Square Foot
2
Major painting occupied unit
10,000
Square Foot
3
Basement floor painting
500
Square Foot
4
Exterior Painting
8,000
Square Foot
5
Varnish Major refinishing of all wood varnished accessories (excluding wood floors)
10,000
Square Foot
6
Refinish Wood Floors, Type A Major Floor refinishing complete and/or partial (see SOW para 1.13(b)(1)
2,500
Square Foot
7
Sump Bypass including plastic fittings, valves and lines
36
Each
8
Major replacement of wood flooring
1,000
Square Foot
9
Major replacement sheet vinyl or tile
5,000
Square Foot
10
Major replacement of subflooring
1,000
Square Foot
11
Install Carpet Pad
30,000
Square Yard
12
Install Carpet - 30 oz. (Major/Original)
30,000
Square Yard
13
Install Carpet - 40 oz. (Major/Original
30,000
Square Yard
14
Major Carpet and or Pad Removal
30,000
Square Yard
15
Countertop replacement (old style)
500
Linear Foot
16
Install 110 volt outlet
20
Each
17
Housing unit cleaning (all types and styles)
400
Each
18
Abandoned Cleaning
4
Each
19
Odor removal in housing units
16
Each
20
Heat duct cleaning
20
Each
21
Replace fire extinguishers
50
Each
22
Carpet cleaning
200,000
Square Foot
23
Countertops new housing
400
Linear Foot
24
Major make ready cleaning
50
Each
25
Garage door openers
5
Each
26
Garage door opener outlets
5
Each
27
Removal of appliances from tear down units
100
Each
28
Dishwasher
75
Lump Sum

NTE $25,000.00

Total Amount CLIN 1001AD:___________________________

CLIN 1001AE

Amount

1
Reimbursables, total estimated cost of materials, parts and supplies for which the contractor may be reimbursed under provisions of this contract (Contractor pays first $75.00)
1
Lump Sum
NTE $60,000.00
2
Minor Structural Repair
1
Lump Sum
NTE $60,000.00

Total Amount CLIN 1001AE:____________________________

CLIN 1001AF

Amount

1
Refrigerator and stove
1
Lump Sum
NTE $50,000.00

Total Amount CLIN 1001AF:____________________________

CLIN 1001 AG

Amount

1
Furnishing Management Reimbursables
N/A
Lump Sum
NTE $6,600.00

Total Amount CLIN 1001AG:____________________________

CLIN 1001AH

Amount

1
Housing Management Reimbursables
N/A
Lump Sum
NTE $11,000.00

Total Amount CLIN 1001AH:_________________________

CLIN 1001AJ

Amount

1
Self Help Reimbursables
N/A
Lump Sum
NTE $100,000.00

Total Amount CLIN 1001AH:_________________________

CLIN 1001AL

Amount

1
Sump Pump Reimursables
N/A
Lump Sum
NTE $3,656.96

Total Amount CLIN 1001AL:_____________________________

RECAPITULATION

Recapitulation

Base Period (1 Feb 11 – 31 Jan 12)

First Option Yr (1 Feb 12 – 31 Jan 13)

TOTAL ALL YEARS

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0001AA
Destination
Government
Destination
Government
0001AB
Destination
Government
Destination
Government
0001AC
Destination
Government
Destination
Government
0001AD
Destination
Government
Destination
Government
0001AE
Destination
Government
Destination
Government
0001AF
Destination
Government
Destination
Government
0001AG
Destination
Government
Destination
Government
0001AH
Destination
Government
Destination
Government
0001AJ
Destination
Government
Destination
Government
0001AK
Destination
Government
Destination
Government
0001AL
Destination
Government
Destination
Government
1001
Destination
Government
Destination
Government
1001AA
Destination
Government
Destination
Government
1001AB
Destination
Government
Destination
Government
1001AC
Destination
Government
Destination
Government
1001AD
Destination
Government
Destination
Government
1001AE
Destination
Government
Destination
Government
1001AF
Destination
Government
Destination
Government
1001AG
Destination
Government
Destination
Government
1001AH
Destination
Government
Destination
Government
1001AJ
Destination
Government
Destination
Government
1001AK
Destination
Government
Destination
Government
1001AL
Destination
Government
Destination
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
N/A
N/A
N/A
N/A
0001AA
POP 01-FEB-2011 TO

31-JAN-2012

N/A
319 CES/CEO - F2A3E2

DAN LEMLER

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4781

FOB: Destination F2A3E2

0001AB
POP 01-FEB-2011 TO

31-JAN-2012

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

0001AC
POP 01-FEB-2011 TO

31-JAN-2012

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

0001AD
POP 01-FEB-2011 TO

31-JAN-2012

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

0001AE
POP 01-FEB-2011 TO

31-JAN-2012

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

0001AF
POP 01-FEB-2011 TO

31-JAN-2012

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

0001AG
POP 01-FEB-2011 TO

31-JAN-2012

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

0001AH
POP 01-FEB-2011 TO

31-JAN-2012

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

0001AJ
POP 01-FEB-2011 TO

31-JAN-2012

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

0001AK
POP 01-FEB-2011 TO

31-JAN-2012

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

0001AL
POP 01-FEB-2011 TO

31-JAN-2012

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

1001
N/A
N/A
N/A
N/A
1001AA
POP 01-FEB-2012 TO

31-JAN-2013

N/A
319 CES/CEO - F2A3E2

DAN LEMLER

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4781

F2A3E2

1001AB
POP 01-FEB-2012 TO

31-JAN-2013

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

1001AC
POP 01-FEB-2012 TO

31-JAN-2013

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

1001AD
POP 01-FEB-2012 TO

31-JAN-2013

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

1001AE
POP 01-FEB-2012 TO

31-JAN-2013

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

1001AF
POP 01-FEB-2012 TO

31-JAN-2013

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

1001AG
POP 01-FEB-2012 TO

31-JAN-2013

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

1001AH
POP 01-FEB-2012 TO

31-JAN-2013

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

1001AJ
POP 01-FEB-2012 TO

31-JAN-2013

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

1001AK
POP 01-FEB-2012 TO

31-JAN-2013

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

1001AL
POP 01-FEB-2012 TO

31-JAN-2013

N/A
(SAME AS PREVIOUS LOCATION)

F2A3E2

MIN/MAX CLIN

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued agains the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN
MINIMUM QUANTITY
MAXIMUM QUANTITY

0001AA, 0001AB, 0001AC, 1001AA, 1001AB, 1001AC

The minimum order under this contract for the CLINs will be the equivalent of one (1) months of scheduled service unless the period is shortened through termination, late award, or availability of funds.
The maximum order under this contract for these CLINs will be the equivalent of 12 months of scheduled service.
0001AD, 0001AE, 1001AD, 1001AE,
The minimum quantity for these CLINs is one (1).
There maximum quantity for these CLINs is as stated in the annual estimated quantity in the pricing schedule.
Item #28 for CLIN 0001AD in Est Qty Price Schedule, Item #1 & 2 in CLIN 0001AE in Est Qty Price Schedule, Item #1for CLIN 0001AF in Est Qty Price Schedule, 0001AG, 0001AH, 0001AJ, Item #28 for CLIN 1001AD in Est Qty Price Schedule, Item #1 & 2 in CLIN 1001AE in Est Qty Price Schedule, Item #1 for CLIN 1001AF in Est Qty Price Schedule, 1001AG, , 1001AH, 1001AJ,
There is no established minimum quantity for these CLINs.
The maximum quantity for these CLINs is as stated in the pricing schedule

CLAUSES INCORPORATED BY REFERENCE

52.203-11
Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
SEP 2007
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.204-4
Printed or Copied Double-Sided on Recycled Paper
AUG 2000
52.204-7
Central Contractor Registration
APR 2008
52.209-5
Certification Regarding Responsibility Matters
APR 2010
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
SEP 2006
52.212-1
Instructions to Offerors--Commercial Items
JUN 2008
52.212-4
Contract Terms and Conditions--Commercial Items
JUN 2010
52.217-5
Evaluation Of Options
JUL 1990
52.219-8 (DEV)
Utilization of Small Business Concerns (DEVIATION)
MAY 2004
52.219-14
Limitations On Subcontracting
DEC 1996
52.222-1
Notice To The Government Of Labor Disputes
FEB 1997
52.222-3
Convict Labor
JUN 2003
52.222-21
Prohibition Of Segregated Facilities
FEB 1999
52.222-26
Equal Opportunity
MAR 2007
52.222-37
Employment Reports on Veterans
SEP 2010
52.222-41
Service Contract Act Of 1965
NOV 2007
52.222-43
Fair Labor Standards Act And Service Contract Act - Price Adjustment (Multiple Year And Option)
SEP 2009
52.222-50
Combating Trafficking in Persons
FEB 2009
52.222-99 (Dev)
Notification of Employee Rights under the National Labor Relations Act (DEVIATION 2010-O0013)
JUN 2010
52.223-5
Pollution Prevention and Right-to-Know Information
AUG 2003
52.223-11
Ozone-Depleting Substances
MAY 2001
52.227-1
Authorization and Consent
DEC 2007
52.227-2
Notice And Assistance Regarding Patent And Copyright Infringement
DEC 2007
52.228-5
Insurance - Work On A Government Installation
JAN 1997
52.232-33
Payment by Electronic Funds Transfer--Central Contractor Registration
OCT 2003
52.233-3
Protest After Award
AUG 1996
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.237-3
Continuity Of Services
JAN 1991
52.242-13
Bankruptcy
JUL 1995
52.242-15
Stop-Work Order
AUG 1989
52.246-4
Inspection Of Services--Fixed Price
AUG 1996
52.247-34
F.O.B. Destination
NOV 1991
52.253-1
Computer Generated Forms
JAN 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
JAN 2009
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
JAN 2009
252.204-7000
Disclosure Of Information
DEC 1991
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004 Alt A
Central Contractor Registration (52.204-7) Alternate A
SEP 2007
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
252.209-7001
Disclosure of Ownership or Control by the Government of a Terrorist Country
JAN 2009
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country
DEC 2006
252.212-7001 (Dev)
Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation)
JUN 2010
252.223-7006 Alt I
Prohibition on Storage and Disposal of Toxic and Hazardous Materials (Apr 1993) - Alternate I
NOV 1995
252.225-7001
Buy American Act And Balance Of Payments Program
JAN 2009
252.225-7002
Qualifying Country Sources As Subcontractors
APR 2003
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
MAR 2008
252.232-7010
Levies on Contract Payments
DEC 2006
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.243-7002
Requests for Equitable Adjustment
MAR 1998

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by entering the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor's record in the system. Public requests for system information will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1

PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separately bound parts, Part I - Price Proposal, and Part II - Past Performance Information.

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

C.

Specific Instructions:

1.

PART I – PRICE PROPOSAL - Submit original and one (1) copy (a) Complete Blocks 17, 30a, 30b, and 30 c of the Request for Proposal (RFP) Standard Form (SF) 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP. These sections constitute the model contract.

(b) Insert proposed unit prices in Section B for each Contract Line Item Number (CLIN) or SubClin (SCLIN), including all option periods. The extended amount must equal the whole dollar unit price multiplied by the number of units.

(c) Complete the necessary fill-ins and certifications in the remainder of the RFP. Return all fill-ins and certifications with proposal as well as information in subparagraphs a and b above.

(d) Provide letter from Small Business Administration (SBA) showing proof of 8(a) certification status in the states of North Dakota, South Dakota, Minnesota, Wyoming, Montanta, Utah, and Colorado. In the case of a teaming arrangement or joint venture, provide evidence of SBA sanction of the teaming effort.

2.

PART II – PAST PERFORMANCE INFORMATION - Limited to no more than _2__ pages per contract listed. Only references for same or similar type contract desired. Submit original plus three (3) copies.

(a) Quality and Satisfaction Rating for Contracts Completed in the Past Three Years: Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(b) Performance Surveys: The Government requests the offeror send out the attached Present/Past Performance Questionnaires to each of the Points of Contact (POCs) identified in the Past Performance Volume. POC’s submit completed questionnaires directly to the Government.

The government will evaluate the quality and extent of offeror's performance deemed relevant to the requirements of this RFP. The government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources, to assess performance. Provide a list of no more than five (5), of the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years. Relevant contracts include but not limited to contracts for housing maintenance and management services of similar or greater in scope, magnitude, and complexity than the effort described in the solicitation. A relevancy determination of the offeror's present and past performance, including joint ventures, subcontractors and/or teaming partners, will be made. In determining relevancy for individual contracts, consideration will be given to the effort, or portion of the effort, being proposed by the offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated. Higher relevancy will be assessed for contracts that are most similar to the effort, or portion of the effort, for which that contractor is being proposed. The Government is not bound by the offeror's opinion of relevancy. The following relevancy definitions apply:

VERY RELEVANT – Past/present performance efforts involved essentially the same magnitude of effort and complexities this solicitation requires.

RELEVANT – Past/present performance efforts involved much of the magnitude of effort and/or complexities this solicitation requires.

SOMEWHAT RELEVANT – Past/present performance efforts involved some of the magnitude of effort and complexities this solicitation requires.

NOT RELEVANT – Past/present performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.

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 instant acquisition. Furnish the following information for each contract listed:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

(vii) Verified, up-to-date name, address, FAX & telephone number of the contracting officer

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent (up to three years) past/present performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

(c) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

D. Documents submitted in response to this RFP must be fully responsive to and consistent with the following:

1. Requirements of the RFP (Contract Line Items Numbers (CLINs) & Technical Specifications, and government standards and regulations pertaining to the Technical Specifications.

2. Evaluation Factors for Award in Addendum to 52.212-2 of this RFP.

E. SITE VISIT

A site visit is scheduled for 1:00 p.m. CST on 15 Dec 2010, at Grand Forks AFB, ND. Potential offerors who plan to attend should contact anthony.wilson.6@us.af.mil at 701-747-5314 or confirm at fax 701-747-4215 no later than 2:00 p.m., 14 Dec 2010 with name, social security number, date and place of birth, and driver’s license number and state for each individual. Please meet at the Contracting office, Grand Forks AFB, ND. Questions will be answered during the site visit. Additional questions may be submitted in writing to the Contracting Officer within five (5) calendar days following the site visit. Answers will be compiled and distributed to all known potential offerors by electronically posting a letter or amendment as appropriate.

INFORMATION REGARDING SUBMISSION OF PROPOSAL: All proposals must be either hand carried or mailed directly to the 319th Contracting Squadron, 575 Tuskegee Airmen Blvd, Bldg 418, Grand Forks AFB, ND 58205. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror. Faxed or emailed proposals will NOT be accepted.

Offerors are cautioned that Grand Forks AFB, ND has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at the 319th Contracting Squadron PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 15.208(b) “Submission, Modification, Revision, and Withdrawal of Proposals”.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Past Performance

Price

ADDENDUM TO 52.212-2

BASIS FOR CONTRACT AWARD: This is a competitive best value source selection in which competing offerors' past performance history will be evaluated on a basis significantly more important than cost or price considerations. By submission of its’ offer in accordance with the instructions provided in Section L, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and performance records. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

A.

Initially offers shall be ranked according to price, including any option prices if applicable. An offeror’s proposed prices will be determined by multiplying the quantities identified in Section B by the proposed unit price for each Contract Line Item Number or Subcontract Line Item Number to confirm the extended amount for each. When applicable, the price evaluation adjustment for HUBZone Small Business concerns will be applied in accordance with FAR 52.219-4, Notice of Evaluation Preference for HUBZone Small Business Concerns, to arrive at an evaluated price. The price evaluation will document for the offers evaluated under the following subparagraph B, the completeness, and reasonableness of the proposed total evaluated price.

B.

Using questionnaires, the contracting officer shall seek performance information on all offerors based on (1) the past and present efforts provided by the offeror and (2) data independently obtained from other Government and commercial sources. Relevant performance includes performance of efforts involving but not limited to to contracts for housing maintenance and management services of similar or greater in scope, magnitude, and complexity than the effort described in the solicitation. The Government reserves the right to seek information on higher price offerors if none of the lower priced offerors receive an exceptional past performance risk rating. The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in this RFP, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as described in the table 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 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.

TABLE - PERFORMANCE CONFIDENCE ASSESSMENTS

Rating
Description
SUBSTANTIAL CONFIDENCE
Based on the offeror’s performance record, the government has a high expectation that the offeror will successfully perform the required effort.
SATISFACTORY CONFIDENCE
Based on the offeror’s performance record, the government has an expectation that the offeror will successfully perform the required effort.
LIMITED CONFIDENCE
Based on the offeror’s performance record, the government has a low expectation that the offeror will successfully perform the required effort.

NO

CONFIDENCE

Based on the offeror’s performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.

UNKNOWN CONFIDENCE
No performance record is identifiable or the offeror’s performance record is so sparse that no confidence assessment rating can be reasonably assigned.

C.

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 RFP.

D.

If the lowest priced evaluated offer is judged to have a Substantial Confidence performance assessment, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

E.

If the lowest priced offeror is not judged to have a Substantial Confidence performance confidence assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a Substantial Confidence performance confidence assessment or until all offerors are evaluated. The Source Selection Authority shall then make an integrated assessment best value award decision.

F.

Offerors are cautioned to submit sufficient information and in the format specified in Section L. Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) 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. Communication 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.

G.

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.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the 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 the 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 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.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower…

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