FA4704-15-_R-0004.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NO.

FA4704-15-R-0004

6. SOLICITATION ISSUE DATE

6 Nov 2014

7. FOR SOLICITATION

INFORMATION CALL

a. NAME TSgt Adam Heim

b. TELEPHONE NO. (No collect calls)

520-228-6119

8. OFFER DUE DATE/LOCAL TIME

8 Dec 2014 / 12:00 pm

9. ISSUED BY CODE

FA4704 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

HQ 12th Air Force Contracting 2915 South 12th Air Force Drive Davis-Monthan AFB AZ 85707 United States Of America

Email: adam.heim.1@us.af.mil

UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

Net 30

SMALL DISADV.

BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

NAICS:

SIZE STD:

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

New Horizons 2015 - Honduras Hector Caraccioli Air Base La Ceiba, Honduras

SEE BLOCK 9

17a. CONTRACTOR/ CODE

OFFEROR FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE PAGE 2

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE ____________________ OFFER

DATED _____________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR

PRINT)

ADAM J. HEIM, TSGT, USAF

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

RECEIVED INSPECTED CONTRACT, EXCEPT AS NOTED PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT

REPRESENTATIVE

32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95) Computer Generated NUMBER AND PAPERWORK BURDEN STATEMENT Prescribed by GSA - FAR (48 CFR) 53.212

FA4704-15-R-0004 Page 2 of 14 New Horizons Honduras 2015 – Roof Trusses

Continued from Standard Form 1449, Blocks 19 – 24

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Col Francisco Zepeda School

FFP

The contractor shall provide all personnel, equipment, tools, materials, supervision and transportation to fabricate all parts for a complete roof truss system and deliver the roof system in accordance with the attached Statement of Work, dated October 21, 2014 and Drawings.

FOB: Destination

NET AMT

Fernando Soto Henriquez School

FFP

The contractor shall provide all personnel, equipment, tools, materials, supervision and transportation to fabricate all parts for a complete roof truss system and deliver the roof system in accordance with the attached Statement of Work, Hospital Regional Atlantida

FFP

The contractor shall provide all personnel, equipment, tools, materials, supervision and transportation to fabricate all parts for a complete roof truss system and deliver the roof system in accordance with the attached Statement of Work, FA4704-15-R-0004 Page 3 of 14

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Sambo Creek Clinic

FFP

The contractor shall provide all personnel, equipment, tools, materials, supervision and transportation to fabricate all parts for a complete roof truss system and deliver the roof system in accordance with the attached Statement of Work, 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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 April 27, 2015 1 Col Francisco Zepeda School

La Ceiba, Honduras

N/A

0002 April 27, 2015 1 Fernando Soto Henriquez School

0003 April 27, 2015 1 Hospital Regional Atalantida

0004 April 27, 2015 1 Sambo Creek Clinic

Sambo Creek, Honduras

FA4704-15-R-0004 Page 4 of 14

CONTRACT ADMINISTRATIVE DATA

LIST OF ATTACHMENTS

Attachment Description Document Date Number of Pages

Statement of Work Standard Truss Node Analysis Zepeda Drawings Atlantida Drawings Soto School Drawings Sambo Creek Drawings

October 21, 2014

INVOICES

Submit invoices to the organization in Block 16 of the SF1449. Invoices shall include the following information, IAW FAR 52.212-4:

1. Name and address of the Contractor

2. Invoice date and number

3. Contract number, contract line item number and, if applicable, the order number

4. Description, quantity, unit of measure, unit price and extended price of the items delivered

5. Terms of any discount for prompt payment offered

6. Name and address of official to whom payment is to be sent

7. Name, title and phone number of person to notify in event of defective invoice

8. Taxpayer Identification Number (TIN)

9. Electronic funds transfer (EFT) banking information

PAYMENT

Payment by Electronic Funds Transfer (EFT)

(a) Method of payment.

(1) All payments by the US Government under this contract shall be made by electronic funds transfer (EFT). In the event the US Government is unable to release a payment by EFT, the government will authorize cash or check payment in accordance with the Prompt Payment Act.

(b) Submission of Contractor's EFT information.

(1) The Contractor is required to provide the US Government with the information required to make payment by EFT by filling in the form provided. The Contractor shall return this information directly to the payment office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the paying office.

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall provide the contract numbers to which it applies. The contractor will inform the contracting officer of previously awarded contracts for which the contractor requests EFT payment.

LIMITS OF AUTHORITY CONTRACTING OFFICER

Only the Contracting Officer is authorized to make changes to the terms and conditions of the contract.

CONTRACT CLAUSES

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

FA4704-15-R-0004 Page 5 of 14 its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm

(End of Provision)

52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil

(End of Clause)

The following clauses are only applicable if “checked” by the Contracting Officer

Reference Clause Date

52.211-16 Variation in Quantity (The permissible variation shall be limited to ____ percent increase/decrease)

Apr 1984

52.212-4 Contract Terms and Conditions – Commercial Items May 2014 52.213-2 Invoices (For subscriptions to magazines and periodicals) Apr 1984 52.213-3 Notice to Supplies (For un-priced purchase orders) Apr 1984 52.223-3 Hazardous Material Identification and Material Safety Data Jan 1997 52.225-14 Inconsistency Between English Version and Translation of Contract Feb 2000 52.232-34 Payment by Electronic Funds Transfer-Other Than System for Award

Management Jul 2013

52.232-36 Payment by Third Party May 2014 52.246-1 Contractor Inspection Requirements Apr 1984 52.246-2 Inspection of Supplies-Fixed Price Aug 1996 52.247-34 F.O.B. Destination Nov 1991 52.249-8 Default Apr 1984 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013 252.225-7041 Correspondence in English Jun 1997 252.225-7042 Authorization to Perform Apr 2003 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States Mar 2006

252.227-7015 Technical Data-Commercial Items Feb 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Jun 2012 252.232-7008 Assignment of Claims (Overseas) Jun 1997 252.232-7010 Levies on Contract Payments Dec 2006 252.233-7001 Choice of Law (Overseas) Jun 1997 252.243-7001 Pricing of Contract Modifications Dec 1991

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2014)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/

FA4704-15-R-0004 Page 6 of 14

(3) 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:

___ (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 (Apr 2010) (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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

2014) (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 (Aug 2013) (31 U.S.C. 6101 note).

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

2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)

(section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (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] ___ (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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

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

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

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

FA4704-15-R-0004 Page 7 of 14

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

2010) (E.O. 13496).

___ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (34) (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.)

___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014)

(E.O.s 13423 and 13514).

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

___ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (41) (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.

___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

___ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul

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

_X_ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

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

_X_ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

FA4704-15-R-0004 Page 8 of 14

___ (53) (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.

(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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 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).

___ (5) 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).

___ (6) 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).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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 (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 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.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

FA4704-15-R-0004 Page 9 of 14

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 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.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 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.)

(xii) 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)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 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.

(xvi) 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.

52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

5352.201-9101 Ombudsman (Apr 2014)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Lt Col Tonney Kaw-uh, 129 Andrews Street, Joint Base Langley-Eustis VA 23665, phone:

(757) 764-5372, fax: (757) 764-4400, email: tonney.kawuh@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC

FA4704-15-R-0004 Page 10 of 14 ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(INTERIM CHANGE: See Policy Memo 14-C-05)

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

SOLICITATION PROVISIONS

52.212-1 Instruction to Offerors – Commercial Items (Apr 2014) (Incorporated by Reference)

ADDENDA TO FAR 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, and representations and certifications, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. The response shall consist of three (3) separate volumes; Volume I – Price Proposal, Volume II – Technical Proposal, and Volume III – Past Performance Information. FAX proposals will NOT be acceptable. By submission of its proposal the offeror agrees to an acceptance period until 1 Mar 2015.

B. SPECIFIC INSTRUCTIONS:

1. In regards to all parts:

(a) ELECTRONIC PROPOSALS “WILL” BE ACCEPTED. All proposals must be received by the contracting office no later than the offer due date and time listed in block 8 of the SF 1449.

(b) All volumes shall be sent via electronic mail (email) to the following addresses:

adam.heim.1@us.af.mil ryan.schnepf@us.af.mil

E-mail submissions are subject to size and type restrictions (typically limited to less than 3 megabyte in size and only non-executable attachments such as .doc or .pdf files) as well as any other appropriate network security measures. It is the offeror's responsibility to verify the e-mail was received and can be viewed with the contracting point of contact.

(c) Point of Contact (POC): The Contracting Officer (CO), TSgt Adam Heim, is the primary POC for this acquisition. Address any questions you have only to the CO. Written questions concerning the solicitation may be sent to TSgt Adam Heim, adam.heim.1@us.af.mil and TSgt Ryan Schnepf, ryan.schnepf@us.af.mil. All questions must be submitted no later than 12:00 PM MST 21 Nov 2014.

2. Documents submitted in response to this Request for Proposal (RFP) must be fully responsive to and consistent with the following:

(a) Requirements of the RFP (Contract Line Items (CLINs).

(b) Evaluation factors and standards: The addendum to FAR Clause 52.212-1, INSTRUCTIONS TO OFFERORS (JUNE 2008) provides information on the format and content of the proposal package and what items need to be mailto:adam.heim.1@us.af.mil mailto:ryan.schnepf@us.af.mil mailto:adam.heim.1@us.af.mil mailto:ryan.schnepf@us.af.mil

FA4704-15-R-0004 Page 11 of 14 submitted for each volume. The FAR Clause 52.212-2, EVALUATION OF COMMERCIAL ITEMS (JAN 1999), provides a complete description regarding the evaluation factors for award.

3. Offerors will clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

C. ORGANIZATION:

The offeror shall prepare the proposal as set forth in the Proposal Organization Table below. The titles and contents of the volumes shall be as defined in this table, all which shall be within the required page limitation and with the number of copies as specified. Pages exceeding the page limitations set forth in this Section will be removed from the proposal and will not be read or evaluated and may render the proposal unacceptable.

Table 1.1 Proposal Organization

ELEMENT TITLE Content VOLUME I Price Proposal This volume must be clearly marked “Volume I”. The pricing volume must set forth all pricing information necessary to provide a meaningful basis for the Government's analysis and evaluation of price as set forth in FAR Clause 52.212-2, EVALUATION OF COMMERCIAL ITEMS of this solicitation.

VOLUME II Technical Proposal This volume must be clearly marked “Volume II” and be clearly identified as Technical Proposal. The proposal shall contain sufficient detail to enable the Government to evaluate the Offeror’s technical competency as set forth in FAR Clause 52.212-2, EVALUATION OF COMMERCIAL ITEMS of this solicitation.

VOLUME III Past Performance Information

This volume must be clearly marked “Volume III” and be clearly identified as Past Performance Information.

Provide a brief prospectus of no more than five (5) contracts, ongoing or with performance during the period of three (3) years preceding the solicitation issuance (recent) that are similar in size and scope of work contained in this project (relevant).

All volumes shall contain pages 8 ½ X 11 inches and text using no smaller font size than 10 pitch, Times New Roman, and minimum one inch margins. Elaborate formats, bindings or color presentations are not desired or required.

This addendum replaces the below referenced paragraphs of the clause as follows:

(b) The Offeror shall submit written documentation as follows:

(b)(4) TECHNICAL CAPABILITY (Factor 1)

General: Information the offeror deems appropriate to address the technical criteria should be included in the proposal in an orderly format and be consistent with the evaluation criteria for award set forth in the Addendum to FAR Clause 52.212-2 of this solicitation. Proposal paragraphs shall correspond to the below evaluation subfactors and pertinent Performance Work Statement (PWS) paragraphs (where referenced). To facilitate evaluation, the information contained in Volume II shall be specific, detailed, and clearly demonstrate that the offeror has a thorough understanding of the requirement for the accomplishment of this effort.

SUBFACTOR 1: Technical Approach –The Offeror shall provide full shop drawings and diagrams of how the roof truss system is assembled and connected, including a bill of materials detailing each type of part and quantity.

FA4704-15-R-0004 Page 12 of 14

The contractor shall visibly mark the parts in a manner that corresponds to the bill of materials and shop drawings.

Parts that require a particular placement or orientation (such as an end truss) shall be clearly identified.

SUBFACTOR 2: Proposed Manufacturing Timeline – The Offeror shall identify their proposed manufacturing timeline, and the ability to meet the 27 Apr 2015 initial delivery date.

SUBFACTOR 3: Estimated Weight of Roof System – The Offeror shall verify that all assemblies that must be lifted shall not exceed the capacity of a 10,000 lb shooting boom forklift.

(b)(6) PRICE (Factor 2): Offerors shall insert a unit and extended price as identified in the pricing schedule in paragraph (v) above for each Contract Line Item Number (CLIN).

(b)(10) PAST PERFORMANCE (FACTOR 3): The offeror shall provide relevant and recent past performance on no more than five (5) contracts. 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.

Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance. 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.

Additionally, the Government may contact references other than those identified by the offeror. The Government may also review the Past Performance Information Retrieval System (PPIRS), Contractor Performance Assessment Reporting System (CPARS) and/or other past performance information sources to obtain additional information that may be used in the evaluation of an offeror’s past performance.

(c) Period of acceptance of offers. The offeror agrees to hold the price in its offer firm until 1 Mar 2015.

The following paragraph is added:

(m) All terms, conditions, and provisions included in the solicitation shall be followed. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(END OF ADDENDUM)

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 is determined to be the lowest price technically acceptable (LPTA) proposal with acceptable past performance. The Government may award without discussions, however, the Government reserves the right to conduct discussions if deemed in the Government’s best interest.

The Evaluation Factors are:

FA4704-15-R-0004 Page 13 of 14

i. Technical Acceptability

a. Design, including adherence to the Statement of Work and quality of design calculations

b. Proposed Manufacturing timeline

c. Estimated weight of roof system

ii. Price

iii. Past Performance

(1) Factor 1- Technical. The Government's technical evaluation team shall evaluate the technical proposal(s) on an acceptable/unacceptable basis, as stated below:

RATING DEFINITION

Acceptable Proposal passes (or meets) minimum mandatory requirement

Unacceptable Proposal fails to meet minimum mandatory requirement

Only those proposals determined technically acceptable will be considered for further evaluation. The proposal shall be evaluated against the following subfactors as identified in the Addendum to FAR 52.212-1 “Instructions to Offerors – Commercial Items”:

SUBFACTOR 1— Technical Approach: The Offeror shall provide full shop drawings and diagrams of how the roof truss system is assembled and connected, including a bill of materials detailing each type of part and quantity. The contractor shall visibly mark the parts in a manner that corresponds to the bill of materials and shop drawings. Parts that require a particular placement or orientation (such as an end truss) shall be clearly identified.

SUBFACTOR 2—Proposed Manufacturing Timeline: The Offeror shall identify their proposed manufacturing timeline, and the ability to meet the 27 Apr 2015 initial delivery date.

SUBFACTOR 3 – Estimated Weight of Roof System: The Offeror shall verify that all assemblies that must be lifted shall not exceed the capacity of a 10,000 lb shooting boom forklift.

(2) Factor 2 – Price. All offeror’s shall provide unit prices based on the truss system for each individual building.

Prices will be entered on pages 2 & 3 of the SF1449 document.

(3) FACTOR 3 – Past Performance. Past Performance will be evaluated based on subjective assessment of how well the offeror performed on past recent and relevant work, as outlined in Addendum to FAR Provision 52.212-1. Offeror must receive an Acceptable rating to receive an award. This rating is based upon offeror-provided information, or information obtained from any other sources of past performance information, indicating performance of same or similar services as follows:

RATING DEFINITION

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

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

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “Unknown” shall be considered “Acceptable.”

FA4704-15-R-0004 Page 14 of 14

(i) The Past Performance information may be obtained from the following sources:

(A) Reference List (Please see details in the Addendum to FAR 52.212-1).

(B) Past Performance Information available from other sources such as Past Performance Information

Retrieval System (PPIRS).

(4) Award Process: The Government intends to award to the lowest priced, technically acceptable offeror with an acceptable past performance rating. In accordance with 13.106-2(b)(3), the Government is not required to establish a competitive range, conduct discussions, or score offers. The Contracting Officer may conduct comparative evaluations of offers. Consistent with simplified acquisition procedures, the evaluation process is as follows:

(i) The Government will first evaluate all proposals for price, ranking the offerors from lowest to highest total evaluated price. A price fair and reasonable determination will be made on the apparent successful offer prior to award.

(ii) Technical: The lowest priced proposal will then be evaluated for Technical Acceptability. Proposals must be rated “Acceptable” for all technical subfactors in order to be determined technically “Acceptable”.

a. If the lowest priced offeror’s technical proposal is “Unacceptable”, the next low offeror’s technical proposal will be evaluated, continuing until an offeror with an “Acceptable” technical rating is identified.

(iii) Past Performance: The lowest priced, technically “Acceptable” offeror’s past performance will be evaluated. The Government reserves the right that:

a. If the lowest priced, technically “Acceptable” offeror’s past performance is determined to be “Acceptable”, the evaluation process will stop and the award will be made to that offeror, pending an affirmative price fair and reasonable determination.

b. If the lowest priced, technically “Acceptable” offeror’s past performance is determined to be “Unacceptable”, the Government will evaluate past performance of the next lowest priced, technically acceptable offeror. This process will continue, as needed, until an offeror is rated “Acceptable” for past performance.

(5) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

5352.225-9004 Submission of Offers in Other than United States Currency (JUNE 2006)

(a) Offers may be submitted in United States dollars or the currency accepted at the place of performance.

(b) All offers shall be evaluated for determination of contract award by converting all foreign currencies to equivalent United States dollars by using the Foreign Currency Fluctuation Defense (FCFD) budget rate for the applicable currency in effect on the date set for the receipt of initial proposals.

(c) When a "Final Proposal Revision" is requested and received, in accordance with the applicable solicitation's terms and conditions, offers shall be evaluated by converting all foreign currencies to equivalent United States dollars by using the Foreign Currency Fluctuation Defense (FCFD) budget rate for the applicable currency in effect on the date set for the receipt of initial proposals.