FA480021Q0034 Combined Synopsis_Solicitation 13 Aug 21 Amendment 1 signed.pdf
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- Solicitation number
- FA480021Q0034
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This is a combined synopsis/solicitation for aircraft metal sunshade inspection and maintenance services at Joint Base Langley-Eustis in Virginia. The contractor shall provide all labor, equipment, materials, vehicles, and other required resources to perform semi-annual and quarterly inspections, as well as routine and emergency maintenance and repairs to three multi-aircraft sunshades. The base period of performance is from October 2021 through September 2026, including four one-year option periods. Quotes are due by August 25, 2021. The NAICS code is 541350 and it is set aside for small businesses. Pricing shall be provided for inspection and maintenance line items on a firm fixed price basis. The award will be made to the lowest priced technically acceptable vendor with acceptable past performance.
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Combined Synopsis/Solicitation
Solicitation Number: FA480021Q0034 Amendment 001
Title: Aircraft Metal Roofing Sunshades Maintenance, Inspection, and Repair Services
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in
Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
The Request for Quotation (RFQ) number FA480021Q0034 shall be used to reference any written quote provided under this RFQ.
The RFQ document and incorporated provisions and clauses are those in effect through Federal
Acquisition Circular (FAC) 2021-06 effective July 07, 2021, Defense Federal Acquisition Regulation
Supplement DPN effective 09 July 2021, and Air Force Federal Acquisition Regulation Supplement
AFAC 2019-0726 effective 26 July 2021.
This is a set-aside for small business.
The North American Industry Classification System (NAICS) code for this project is 541350 with a size standard of $ 8,000,000.00.
The purpose of this combined synopsis and solicitation is to provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Aircraft Sunshade
Inspection and Maintenance Services and repairs at Langley Air Force Base for the period 1 October 2021 through 30 September 2026 (base year plus 4 option years) in accordance with the attached Performance
Work Statement (PWS). The price schedule and contract CLIN schedule are below **Please utilize the schedule below**
Item Description Qty Unit Unit Price Total Amount
Base Year Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Aircraft Sunshade Inspection and Maintenance Services at Langley Air Force Base for the period 1 October 2021 through 30 September 2022 in accordance with the PWS.
0001 Semi-annual inspection/maintenance
2 EA
0002 Quarterly inspection/maintenance
4 EA
0003 Routine/as needed maintenance visits and repairs with prior authorization of government. Contractor shall provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform
Sun Shade maintenance and repairs as Langley AFB in accordance with the PWS. This
CLIN will be a Not-to-
Exceed CLIN with a ceiling price of $70,000.00. The authorized pass-through charges on this
CLIN will be the same profit, overhead and G&A used in the price quote for award of this contract.
Firm Fixed Price
70,000 EA $1.00 $70,0000
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126
Option Year 1 Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Aircraft Sunshade Inspection and Maintenance Services at Langley Air Force Base for the period 1 October 2022 through 30 September 2023 in accordance with the PWS.
1001 Semi-annual inspection/maintenance
2 EA
1002 Quarterly inspection/maintenance
4 EA
1003 Routine/as needed maintenance visits and repairs with prior authorization of government.
Contractor shall provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform
Sun Shade maintenance and repairs as Langley AFB in accordance with the PWS. This
CLIN will be a Not-to-
Exceed CLIN with a ceiling price of $70,000.00. The authorized pass-through charges on this
CLIN will be the same profit, overhead and G&A used in the price quote for award of this contract.
Firm Fixed Price
70,000 EA $1.00 $70,000.00
Option Year 2 Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Aircraft Sunshade Inspection and Maintenance Services at Langley Air Force Base for the period 1 October 2023 through 30 September 2024 in accordance with the PWS.
2001 Semi-annual inspection/maintenance
2 EA
2002 Quarterly inspection/maintenance
4 EA
2003 Routine/as needed maintenance visits and repairs with prior authorization of government.
Contractor shall provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform
Sun Shade maintenance and repairs as Langley AFB in accordance with the PWS. This
CLIN will be a Not-to-
Exceed CLIN with a ceiling price of $70,000.00. The authorized pass-through charges on this
CLIN will be the same profit, overhead and G&A used in the price quote for award of this contract.
Firm Fixed Price
70,000 EA $1.00 $70,000.00
Option Year 3 Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Aircraft Sunshade Inspection and Maintenance Services at Langley Air Force Base for the period 1 October 2024 through 30 September 2025 in accordance with the PWS.
3001 Semi-annual inspection/maintenance
2 EA
3002 Quarterly inspection/maintenance
4 EA
3003 Routine/as needed maintenance visits and repairs with prior authorization of government.
Contractor shall provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform
Sun Shade maintenance and repairs as Langley AFB in accordance with the PWS. This
CLIN will be a Not-to-
Exceed CLIN with a ceiling price of $70,000.00. The authorized pass-through charges on this
CLIN will be the same profit, overhead and G&A used in the price quote for award of this contract.
Firm Fixed Price
Option Year 4 Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Aircraft Sunshade Inspection and Maintenance Services at Langley Air Force Base for the period 1 October 2025 through 30 September 2026 in accordance with the PWS.
4001 Semi-annual inspection/maintenance
2 EA
4002 Quarterly inspection/maintenance
4 EA
4003 Routine/as needed maintenance visits and repairs with prior authorization of government.
Contractor shall provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform
Sun Shade maintenance and repairs as Langley AFB in accordance with the PWS. This
CLIN will be a Not-to-
Exceed CLIN with a ceiling price of $70,000.00. The authorized pass-through charges on this
CLIN will be the same profit, overhead and G&A used in the price quote for award of this contract.
Firm Fixed Price
Total: CLINS 0001 thru 4002
*****Notice to Vendor(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this RFQ until funds are available. The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse a vendor for any costs. Reference FAR 52.232-19 Availability of Funds for the Next Fiscal Year*****.
*FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (Jan 2020) applies to this acquisition and the following addendum applies:
The following words stating “offer”, “offeror”, and “proposal” are replaced with “quotation”, “vendor”, and “quote”.
Paragraph (a) first sentence revised as follows: “The NAICS code and small business size standard for this acquisition appear above.”
Paragraph (c) first sentence revised as follows: “The vendor agrees to hold the prices in its quote firm for
90 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote.”
GENERAL INFORMATION
INFORMATION REGARDING SUBMISSION OF THE QUOTES.
• Vendor site visit request NLT Not scheduled
• Submit base access request Not scheduled
• Site visit 9:00AM EST Not scheduled
• Site visit questions due Not scheduled
• Responses Back 19 Aug 2021
• All quotes due 5:00PM EST 25 Aug 2021
Faxed or mailed quotes WILL NOT be accepted. Quotes shall be e-mailed to the issuing office of this solicitation to the attention of Mr. Lester Yearwood and Chet Terrill. The offeror will need to confirm receipt of quotes. For questions, please contact Mr. Lester Yearwood, 757-764-2241, or lester.yearwood.1@us.af.mil and Chet Terrill, 757-764-2313 or chester.terrill@us.af.mil.
b. Late RFQs will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of quotes.”
Note: .zip files are not an acceptable format for the Air Force Network and will not go through our email system.
Please provide the following information with your quote:
Company Name:
POC: Email: phone number:
DUNS Number:
Cage Code:
All companies must be registered in the System for Award Management at https://www.sam.gov/portal/public/SAM/ to be considered for award. The Government will not provide contract financing for this acquisition. Invoice instruction shall be provided at time of award.
Pursuant to FAR 12.602 contract award will be made using Simplified Acquisition Procedures in accordance with FAR 13.106. Award will be made to the lowest priced technically acceptable vendor with Acceptable Past Performance. Vendor’s quote will be evaluated based upon the following:
All quoters will be ranked by total contract price from low to high. Technical and Past Performance will be evaluated on an "Acceptable/ Unacceptable" basis. Quoters shall receive an "Acceptable" rating for both Technical and Past Performance in order to be eligible for award. The government will evaluate the two (2) lowest priced quoters for technical acceptability, past performance acceptability and price http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1070_147634 mailto:lester.yearwood.1@us.af.mil mailto:chester.terrill@us.af.mil https://www.sam.gov/portal/public/SAM/ reasonableness. Should the two lowest priced quoters not receive an acceptable technical and past performance rating. The process will continue in order of price until two (2) quoters with acceptable technical and past performance rating and fair and reasonable price are identified. Award will be made to the quoter with the lowest proposed price and receiving an "Acceptable" rating for both Technical and
Past Performance.
(1) Technical: In order to be deemed technically acceptable, the following evaluation criteria must be met:
The Vendor’s quote shall detail the necessary qualifications and experience to perform the work as outlined in the Performance Work Statement, the vendor’s ability to provide personnel with the necessary qualifications, and their capability to respond within the required time for services calls, during Standard and Non-Standard Duty Hours.
(2) Price: The vendor’s price shall be provided on the RFQ price schedule. Pricing will be evaluated as described below.
There is a great expectation of competition for this requirement; quoters are cautioned to present their best price quote up-front. Price will be evaluated to ensure the Government receives a fair, reasonable and balanced price. If the Government cannot determine the proposed pricing to be fair and reasonable, other than cost and pricing data will be obtained from the vendors. Vendors shall provide profit, overhead and
G&A used in the price quote for future use on CLIN 0003.
Options. Both the solicitation and resultant contract shall contain FAR Clause 52.217-8, entitled “Option to Extend Services” and FAR Clause 52.217-9 titled “Option to Extend the Term of the Contract”. The
Extension of Services clause allows for up to an additional six month continued contract performance if required. Interested vendors shall not include pricing in their quote for this clause as fifty percent (50%) of the last option period shall be used for the pricing only if clause 52.217-8 is required.
Total Evaluated Price (TEP): The Government will evaluate quotes for award purposes by adding the total price for all CLINS including basic period, option years, and fifty percent (50%) of the last option period price to cover the option to extend services IAW clause 52.217-8.
NOTE: Evaluation of the option periods shall not obligate the Government to exercise such options.
Materially Unbalanced Quote: If the contracting officer sees a wide variation in prices, the contracting officer can consider the need to amend the solicitation or ask the vendor(s) appropriate questions.
Unbalanced pricing poses an unacceptable risk to the Government and may be a reason to reject a quote.
(3) Past Performance:
Past performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii). The past performance information to be evaluated on each vendor will be information available in CPARS as well as information available through other government sources (i.e. key government officials) regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement. Additionally the vendor shall provide up to three (3) Past
Performance Point of Contact (POCs) for work that is relevant and recent to this requirement.
The Government evaluators will conduct an in-depth review and evaluation of all available performance data to determine how closely the work performed under those efforts relates to the proposed effort. The evaluation will consider the recency, relevancy, and quality of each performance reference as it relates to this acquisition when assigning the past performance rating. The main purpose of the past performance evaluation is to appropriately consider each quoters demonstrated record of contract compliance by supplying products and services that meet user’s needs, including business relations, management, schedule and performance quality constraints. Any vendor lacking a past performance in any government system shall be deemed “Acceptable” provided the vendor provided past performance contact information these are deemed “Acceptable”.
Recency. Recency will be assigned a rating of “Recent” or “Not Recent” for each relevant CPARS, PPIRS, other government agency-provided reference and references provided by the quoter. Performance occurring within the last three (3) years from the date of issuance of this solicitation will be considered
“recent”. Reports on contracts with less than six months of performance will not be considered.
Relevancy. In evaluating relevancy, the Government will assign a rating of “Relevant” or “Not
Relevant”. Relevant performance for this acquisition is to have effectively provided services similar to scope of this requirement, to include services for commercial as well as federal or DoD agencies.
Performance Quality. The Government will evaluate the quality of work performed for each past performance contract reference reviewed. The Government will evaluate the quoters demonstrated record of contract compliance in supplying products and/or services that meet user’s needs, including quality, cost and schedule. Performance assessed as “Satisfactory”, “Very Good”, or “Exceptional” shall be considered compliant with contract requirements. Any performance area assessed as “Marginal” or
“Unsatisfactory” shall be considered unfavorable.
Past Performance shall be evaluated on an “Acceptable/ Unacceptable” basis. In the event of negative comments of a quoters past performance, the contracting officer shall evaluate the comments and make an
“Acceptable/ Unacceptable ” determination. If a vendor is determined to have “Marginal” or
“Unsatisfactory” past performance ratings, they will be given an overall past performance rating of
“Unacceptable.”
A vendor must be determined to be responsible by the Contracting Officer in order to be eligible for award. Responsibility is described in Federal Acquisition Regulation (FAR) Subpart 9.1, “Responsible
Prospective Contractors.” Part of the determination addresses financial capability. Please provide the names, addresses and points of contact for all financial institution organizations utilized, in order to determine if contractor has adequate financial resources to perform the contract or the ability to obtain them and include written authority for 633 Contracting Squadron to contact the provided financial institution.
APPLICABLE PROVISIONS AND CLAUSES:
a. Clauses Incorporated by Reference
FEDERAL ACQUISITION REGULATION (FAR)
52.203-19 Prohibition On Requiring Certain Internal Confidentiality Agreements Or
Statements (Jan 2017)
52.204-7 System for Award Management (OCT 2018)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-8 Annual Representations And Certifications (Mar 2020) 52.204-9 Personal Identity Verification Of Contractor Personnel (Jan 2011)
52.204-16 Commercial And Government Entity Code Reporting (Aug 2020) (Solicitation)
52.204-18 Commercial And Government Entity Code Maintenance (Aug 2020
52.204-19 Incorporation By Reference Of Representations And Certifications (Dec 2014)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
52.212-1 Instructions To Offerors – Commercial Items (Jun 2020)
52.212-3 Offeror Representations and Certifications--Commercial Items (Feb 2021)
52.212-4 Contract Terms And Conditions -- Commercial Items (Oct 2018)
52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)
52.219-8 Utilization of Small Business Concerns (OCT 2018)
52.222-41 Service Contract Labor Standards (AUG 2018)
52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)
52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)
52.232-18 Availability Of Funds (Apr 1984)
52.232-19 Availability Of Funds for the Next Fiscal Year (Apr 1984)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)
DEFENSE FEDERAL ACQUISITION REGULATION (DFARS)
252.201-7000 Contracting Officer's Representative (Dec 1991) 252.203-7000 Requirements Relating To Compensation Of Former Dod Officials (Sep 2011)
252.203-7005 Representation Relating To Compensation Of Former Dod Officials (Nov 2011)
252.204-7003 Control Of Government Personnel Work Product (Apr 1992)
252.204-7006 Billing Instructions (Oct 2005)
252.209-7999 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability
252.223-7006 or A Felony Conviction Under Any Federal Law (Class Deviation 2012-O0004)
(Dec 2018) Prohibition On Storage, Treatment, And Disposal Of Toxic Or Hazardous
Materials - Basic (Sep 2014)
252.232-7003 Electronic Submission Of Payment Requests And Receiving Reports (Dec 2018)
252.232-7006 Wide Area Workflow Payment Instructions (Dec 2018) 252.232-7010 Levies On Contract Payments (Dec 2006)
252.237-7023 Continuation of Essential Contractor Services
252.237-7024 Notice of Continuation of Essential Contractor Services
252.243-7001 Pricing Of Contract Modifications (Dec 1991) 252.243-7002 Requests For Equitable Adjustment (Dec 2012) 252.247-7023 Transportation Of Supplies By Sea - Basic (Feb 2019)
AIR FORCE FEDERAL ACQUISITION REGULATION (AFFARS)
5352.223-9000 Elimination Of Use Of Class I Ozone Depleting Substances (ODS) (Oct 2019)
5352.223-9001 Health And Safety On Government Installations (Oct 2019)
5352.242-9000 Contractor Access To Air Force Installations (Oct 2019)
5352.242-9001 Common Access Cards (CAC) For Contractor Personnel (Oct 2019)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
As prescribed in 4.2105(a), insert the following provision:
REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered
Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26
□ It □ will, will not at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it
"does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for
"covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/
It □ does, □ does not
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds
"does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded
"will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;
and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded
"does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
□ does not does, □
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-26 Covered Telecommunications Equipment or Services-Representation.
As prescribed in 4.2105(c), insert the following provision:
Covered Telecommunications Equipment or Services-Representation (Oct 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and
"reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for
Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for
"covered telecommunications equipment or services".
(c) (1) Representation. The Offeror represents that it does, does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—
Commercial Items (DEVIATION 2018-O0021)
In lieu of the clause at FAR 52.212-5, use the following clause in solicitations and contracts when utilizing FAR part 12 procedures for the acquisition of commercial items and the clause logic capability available in the Standard Procurement System.
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (SEP 2018)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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.
(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain
Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of
FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate I (2018-O0021) (SEP 2018). As prescribed in 12.301(b) (4)(i), delete paragraph (a) from the basic clause, redesignate paragraph (b) (1) as paragraph (a), and redesignate paragraphs (b) (1) (i) through
(b) (1) (xiv) as paragraphs (a) (1) through (a) (14) and redesignate paragraph (b)(2) as paragraph (b).
Alternate II (2018-O0021) (SEP 2018). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (a)(1) and (b)(1) for paragraphs (a)(1) and (b)(1) of the basic clause as follows:
(a)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—
(i) Paragraph (a) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (a)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (b)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)(41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of
2009 (June 2010) (Section 1553 of Pub. L. 111-5).
(C) Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities (Jul 2018)(Section 1634 or Pub. L. 115-91).
(D) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(E) 52.222-1, Prohibition on Segregated Facilities (Apr 2015)
(F) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(G) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(H) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
(I) 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.
(J) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. Chapter 67).
(K) (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. Chapter 78 and E.O.
13627).
(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. Chapter 78 and E.O. 13627).
(L) 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).
(M) 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).
(N) 52.222-54, Employment Eligibility Verification (Oct 2015)(E.O. 12989).
(O) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(P) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)(E.O. 13706).
(Q)(1) 52.224-3, Privacy Training (Jan 2017)(5 U.S.C. 552a).
(2) Alternate I (Jan 2017) of 52.224-3.
(R) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. 2302 Note).
(S) 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.
(T) 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.
(End of Clause)
(5) Clauses Incorporated by Full Text
FAR Clause 52.217-8 -- Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
FAR CLAUSE: 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the
Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and six months.
FAR Clause 52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from 633 Contracting Squadron, 14 Burrell St. Langley, VA 23665
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization. "Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). "Local processing office
(LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. "Payment request" and "receiving report" are defined in the clause at 252.232-
7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation
Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving
Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in
WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the
Contracting Officer.
N/A
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice 2-in-1 (Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Langley AFB Invoices:
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F87700
Issue By DoDAAC FA4800
Admin DoDAAC FA4800
Inspect By DoDAAC F2QXXX
Ship To Code Not applicable
Ship From Code Not applicable
Mark For Code F2QXXX
Service Approver (DoDAAC) F2QXXX
Service Acceptor (DoDAAC) F2QXXX
Accept at Other DoDAAC Not applicable
LPO DoDAAC Not applicable
DCAA Auditor DoDAAC Not applicable
Other DoDAAC(s) Not applicable
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.") (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS
Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
AFFARS Clause 5352.201-9101 Ombudsman (Oct 2019)
(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 Aaron D. Judge, 129 Thompson St., Bldg 586, Rm 129, Comm:757-764-5372, aaron.judge@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC 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.
(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.
The full text of these clauses and (*) provisions may be assessed electronically at the website:
https://www.acquisition.gov. NOTE: ALL PROVISIONS WILL BE REMOVED AT TIME OF
AWARD BUT SHALL REMAIN PART OF THE CONTRACT FILE.
LIST OF ATTACHMENTS
Attachment 1 Performance Work Statement (PWS)
Attachment 2 Wage Determination 2015-4341 Rev 17
Attachment 3 Mission Essential Contractor Services
Approved by the Contracting Officer mailto:aaron.judge@us.af.mil https://www.acquisition.gov/
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