FA481419TF104_Request_for_Quote_with_Attachments.pdf

DEPARTMENT OF THE AIR FORCE

6TH AIR MOBILITY WING (AMC)

MACDILL AIR FORCE BASE, FLORIDA

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; a proposal is being requested and a separate written solicitation will not be issued.

The solicitation number for this requirement is FA481419TF104 and is hereby issued as a Request for Quote (RFQ) using FAR Part 12, Acquisition of Commercial Items. The 6th Contracting Squadron, MacDill AFB, Florida, requires the upgrade of the Caterpillar generator paralleling switchgear at building 567 Central Utility Plant at MacDill AFB, FL in accordance with the attached Statement of Work. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02 effective 6 May 2019, DFARS DPN 20190430 effective 30 April 2019, and AFFARS AFAC 2018-0525 effective 25 May 2018. The North American Industry Classification System code (NAICS) is 335312, with a Small Business Size Standard of 1,250 employees. This will not be set-aside for small business.

A firm fixed price will be set for the upgrade of the system.

DESCRIPTION OF REQUIREMENT: Upgrade Caterpillar Generator Paralleling Switchgear Building 567 Central Utility Plant at MacDill AFB, FL in accordance with the attached Statement of Work.

SEE ATTACHED CLIN STRUCTURE AND STATEMENT OF WORK FOR FULL DETAILS

OF SUPPLIES AND/OR SERVICES REQUIRED.

All offers will be sent to the technical advisor for review, and must meet the Statement of Work provided.

DELIVERY/ACCEPTANCE ADDRESS: The services and/or supplies are procured on the behalf of:

USCENTCOM

Building 567 MacDill AFB, FL 33621-5504

Offers must be submitted NLT 24 May 2019 by 3:00PM Noon (ET) in writing to silinda.johnson.4@us.af.mil and russell.beasley.2@us.af.mil. Please provide a quote assuming a Firm Fixed Price contract. Please quote all items. The provision at FAR 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. Quotes must include the following:

discount for prompt payment if applicable, CAGE Code, DUNS number, Federal TIN with company name, and POC contact info. Lack of registration in the SAM database will make an offeror ineligible for award. Offeror must also be registered in Wide Area Work Flow to receive payment through electronic funds transfer.

MISSION FOCUSED…VALUED AIRMEN

file://FSPIH_NT/regs$/Working/far_doc/FAR12.DOC#s126 mailto:russell.beasley.2@us.af.mil

Please see the attached Clause List, for complete list of applicable provisions/clauses.

Provisions and clauses may be obtained via the internet through the following website:

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

Government Point of Contact: Silinda Johnson, USAF Contracting Specialist silinda.johnson.4@us.af.mil

(813) 828-0487

Government Alternate Points of Contact: Tricia Keene, USAF Contracting Officer tricia.keene@us.af.mil

(813) 828-0485

Attachments:

1. CLIN Structure, 14 May 2019

2. Statement of Work, 23 April 2019

3. Clause List, 14 May 2019 http://farsite.hill.af.mil/

ATTACHMENT 1

CLIN Structure

CLIN Description Qty Unit Price 0001 Firm-fixed Price: Upgrade Caterpillar generator paralleling switchgear IAW SOW dated 23 Apr 19

1 Each

Statement of Work: Repair Caterpillar Generator Paralleling Switchgear Bldg 567, MacDill AFB 23 April 2019

STATEMENT OF WORK

FOR

Repair Caterpillar Generator Paralleling Switchgear Building 567 Central Utility Plant (CUP)

Project# NVZR 19-0061

23 APRIL 2019

Prepared By

6th Civil Engineers & CENTCOM Facilities Office

MacDill AFB, FL 33621

ATTACHMENT 2 STATEMENT OF WORK FA481419TF104

1. SCOPE:

1.1. General Scope: The contractor shall furnish all transportation, labor, tools, equipment, materials, parts, supplies, shipping & receiving, technical data/manuals, services, and training necessary to make upgrade and repairs to the Caterpillar Generator Paralleling Switchgear, Program Logic Controllers and software as described in this statement of work. . All work shall be In Accordance With (IAW) manufacturer’s instructions and by factory/manufacturer trained and certified technicians. Only authorized manufacturer’s software shall be used to diagnose and/or program equipment.

1.2. Location: Bldg. 567, Central Utility Plant (CUP), 2853 Zemke Ave, MacDill AFB, FL.

Equipment is located on the 2nd floor of the CUP, accessible by staircase; an electric winch on an “A-Frame” at hatch in 2nd floor is available for materials.

1.3. Site visit prior to bid: to become familiar with the existing site conditions, the government requires the bidder(s) to schedule a site visit with the 6th Civil Engineer Squadron (6CES), Tel.: 813-828-3577.

1.4. Travel and Lodging: Mileage, Airfare, Auto Rental, Lodging, Travel labor shall be included in the contractor’s lump-sum proposal.

1.5. Field Services: The contractor shall have experienced, factory trained and certified technicians on Caterpillar Generators and Power Lynx Switchgear systems (hereafter referred to as “system(s)”). The prime contractor is ultimately responsible for discrepancy resolution during any repair activities that are directly a result of this Statement of Work, i.e., prime contractor shall ensure internal coordination and correction of discrepancies.

All services shall be coordinated with the on-site Government Point-Of-Contact (POC) prior to work performance. The contractor shall prepare a written, step by step procedure of all tasks to be performed with an estimated time line and submit it to the government POC at least ten (10) working days prior to the scheduled work. Upon arrival, on the day of the work, the contractor and government POC shall review the procedures prior to start of work.

1.6. Manufacture’s Software: only authorized manufacture’s software shall be used to diagnose and/or program equipment/system.

1.7. Performance Period: 180 calendar days (starting from date of contract award).

2. PROJECT INTENT: This project shall provide complete and usable system(s) where both Caterpillar Generator Paralleling & Power Lynx Switchgear systems (buses KV-1 & KV-2) operate together as a redundant system: KV-1 PLC control system shall be able to command and control any and all six Caterpillar Generators and vice versa, KV-2 PLC Control system shall be able to command and control any and all six Caterpillar Generators. Each system shall be completely redundant to the other (including PLC to PLC redundant communication so each PLC constantly maintains the program/information of each). Each system shall be able to pick and choose which and how many generators it needs to satisfy the load with no load shedding until the capacity of all the available generators is exceeded. Below is the general operation intent of the Paralleling System. This can be modified as field conditions require. Final operation sequence and programming shall be submitted for approval prior to installation.

Paralleling System Operation as follows:

2.1. Upon loss of commercial power ALL generators shall energize and the utility supplies shall be disconnected, the tie between KV1 and KV2 shall be closed to form one emergency load buss connecting both KV1 and KV2. All generators shall operate together to provide full redundancy. Any and all modifications to the existing tie breakers shall be included.

2.2. If system loading is above or within 95% percent, for five minutes or more, of available system capacity (which under normal operations will be 12MWatts) load-shedding shall be initiated.

2.3. If system is under-loaded below 30% of total system capacity the generator and/or generators with the most run time shall be shutdown till loading is above 30% of remaining generators. Appropriate runtime shall be allotted for generator operation prior to shutdown for under-loading. System shall track runtime for all generators.

2.4. After excess generators have been shutdown; if loading increases to above 65% an additional generator and/or generators shall be added back online.

2.5. Given the example in paragraph 2.2., the load is not satisfied by all available generators, load-shedding shall be initiated as programmed. Load-shedding shall be described in paragraph 3.7 below.

2.6. A meeting with the contractor and the government, at the required site visit (Paragraph 1.3.), shall discuss this intent and make necessary adjustment to ensure the stated intent meets the technology available (equipment and software programming can meet the intent to the maximum extent possible).

2.7. The result of the new paralleling system shall increase generator redundancy from an N+1 system to a 3N system. Resulting from use of both buss KV1 and KV2.

3. DESCRIPTION OF WORK TO BE PERFORMED: the following list is not all inclusive.

It shall be the contractor’s responsibility to provide complete Itemized list of included of repair and service tasks.

3.1. Pre-site Inspection meeting shall include: inspection of all site conditions, access to site, required laydown area/space, sequence of anticipated work, outage & switching requirements, long lead time issues, allied support (work by others), escort and security requirements and contracting requirements;

3.2. Prior to the start of any on site work a complete sequence of operations for the paralleling system shall be submitted for review. Submittal will be reviewed for 15 working days. No work shall commence until the sequence of operations for the paralleling system has been approved.

3.3. A complete submittal for the new system and components shall be provided for review. System shall not be installed until submittal has been approved. 15 working days shall be provided for system review.

3.4. Submit Detailed Sequence of Work tasks / schedule for approval ten (10) working days prior to the scheduled start of work date;

3.5. Replace the existing system switchgear automation controls so that they are current and interoperable;

3.6. Provide project management (communications, planning, logistics) and Engineering (programming, hardware and software design, testing, drawing markups);

3.7. Replace the Program Logic Controllers (or PLCs) so that they are "hot swappable" and interoperable with each other so that true redundancy in the power generation system is achieved. NOTE: Install each M1E PLC one at a time with MB+proxy device and test;

3.8. Properly program the new PLCs and HMI so that they communicate with each other and so that the sequence of operations and load shedding is in accordance with the operational requirements and priorities of the government.

3.9. Load Shed Sequence:

3.9.1. KV-2 4B (KV2 side of 570 and Bldgs 529, 530, 531, 532 (sewer lift sta), 535, 536, 537, 538, 548, 3070, 3071, 3072, 3541):

3.9.1.1. Distribution 2 / 52D2 CENTCOM FDR 2

3.9.1.2. 15KV2 Bus, Breaker 4B on the CUP Single Line drawing

3.9.2. KV-2 4A (1/2 the pumps in Bldg 567 CUP):

3.9.2.1. Distribution 1 / 52D1 480V 2

3.9.2.2. 15KV2 Bus, Breaker 4A on the CUP Single Line drawing

3.9.3. KV-2 3A (Chillers 1, 3 & 5 in Bldg 567 CUP):

3.9.3.1. Distribution 3 / 52D3 5KV 2

3.9.3.2. 15KV2 Bus, Breaker 3B on the CUP Single Line drawing

3.9.4. KV-1 3B & KV-2 3B (Bldg 565):

3.9.4.1. T5 x-frmr 565 Loading Dock (Distribution 2 / 52D2 JICCENT FDR1)

3.9.4.2. 15KV1 Bus, Breaker 4B on the CUP Single Line drawing

3.9.5. KV-1 4A (last 1/2 the pumps in Bldg 567 CUP):

3.9.5.1. Distribution 3 / 52D3 480V 1

3.9.5.2. 15KV1 Bus, Breaker 4A on the CUP Single Line drawing

3.9.6. KV-1 3A (Remaining Chillers 2 & 4 in Bldg 567 CUP):

3.9.6.1. Distribution 1 / 52D1 5KV 1

3.9.6.2. 15KV1 Bus, Breaker 3A on the CUP Single Line drawing

3.9.7. The last load is KV-1 4B (Bldg 570, 571 & MilStar/FAB-T) the last generator should die in providing this load.

3.10. Tune generator engines for proper synchronization and load control;

3.11. Test programming changes and graphics update for HMI on a simulator PRIOR to implementing into the actual system;

3.12. Programming: Upload programs to PLC/HMI;

3.13. Commission & test system(s) using a load bank (not user building loads) and factory certified technicians/engineers. Provide commissioning and testing plan 30 days prior to start of commission & testing.

3.14. Troubleshoot and correct any system malfunctions;

3.15. Provide up to four hours of switchgear operator training immediately following the completion of testing and government acceptance;

3.16. Provide Computer Assisted Drawing (CAD) to successfully plan and complete the project. Provide updated "as built drawings" in electronic format (pdf and dwg) after all other work is completed. This shall include a detailed and complete sequence of operations.

3.17. Provide two hard copy Operations and Maintenance (O&M) manuals and one electronic copy of same manual. Include as a minimum: CAT Switchgear information sheet, 24 hour Emergency Response Information, CAT Switchgear Universal Guide, Bill of materials, Manufacture Cut Sheets, Installation, Operation & Maintenance Manuals, CAT Training Manual and Warranties.

4. GOVERNMENT/CONTRACTOR FURNISHED PROPERTY AND SERVICE:

4.1. Government furnished parts & materials: One-line diagrams shall be provided as PDF and CAD files.

4.2. Contractor furnished parts and materials: The contractor shall provide all parts and materials required to satisfy the requirements of this statement of work. Supply Original Equipment Manufacturers’ (OEM’s) part only unless otherwise approved, in writing by the government.

5. SITE AVAILABILITY AND ACCESS:

5.1. Project area will be available for contract work between 7:00 A.M. (0700) and 4:00 P.M. (1600) on Monday through Friday (excluding Federal holidays). Deliveries and daily mobilization may begin at 6:00 am (0600) and cleanup/shutdown must end at 4:00 pm (1600).

5.2. Work after the above described normal work hours is anticipated for outages, and shall be defined/scheduled after review of Detailed Sequence of Work.

5.3. Coordinate work scheduling and escorts with the Contracting Officer’s Representative.

5.4. Sea Swallow Ave Security Gate: coordinate, in advance, with the HQ USCENTCOM Facilities office (Mr. Leo Calumpang, 813-529-0437 or Mr. Richard held, 813-529-0459).

6. GENERAL CONDITIONS & REQUIREMENTS:

6.1. Emergency and Non-emergency calls: On base call 911 for emergencies only; for Non-emergency calls to MacDill AFB Security Police call 828-3322;

6.2. Safety Regulations: The Contractor shall comply with all applicable Air Force, Federal and State safety regulations, and requirements, including, but not limited to Occupational Safety and Health Association (OSHA), National Fire Protection Association (NFPA) and Environmental Protection Agency (EPA).

6.3. Contractor POC: The contractor shall designate a primary and alternate Program Manager. Notification shall be provided in writing to the government no later than (NLT) 10 calendar days after contract award and within 3 calendar days after any changes or replacements.

6.4. Contractor Employee: The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the Government Site POC as a potential threat to the health, safety, security, and general well-being or operational mission of the installation and its population. Contractor personnel shall meet site access requirements. The contractor personnel may be required to undergo a background investigation to perform their duties at restricted sites.

6.5. Government Property Protection: The contractor shall provide protection to government property to prevent damage during the period of time the property is under the control of the contractor.

6.6. Government Property Damage: The contractor shall record and report promptly to the Program Manager and designated Government Site POC, all available facts relating to each instance of accidental damage to government property or injury to either contractor or government personnel. The contractor shall not perform any work on the damaged equipment/property until released by an authorized government representative. If the government elects to conduct an investigation of the accident, the contractor shall cooperate fully and assist the government personnel until the investigation is completed.

6.7. The work area shall be cleaned by the contractor at the end of each work day and after all work is completed.

6.8. Recording Media: The Contractor shall not allow cameras or recording devices to be on the site, nor photographs or recordings to be taken without the written permission of the CENTCOM Facilities Office and 6 Civil Engineering Squadron(FO). The contractor may request photographic support from the CENTCOM Facilities Office.

7. SECURITY REQUIREMENTS:

7.1. The Contractor shall follow all security procedures required by 6 Air Mobility wing while operating on MacDill AFB by at all times. All personnel that the contractor plans to work on MacDill AFB must be capable of passing a national criminal background check and be free of past or current felony convictions or “wants and warrants”. The government shall assign an escort to be with the contractor at all times. Arrangements for entry to government facilities shall be discussed via telephone or email at time of task coordination. Contractor shall call the POC or escort (information provided during coordination call) upon arrival to the MacDill AFB entry Gate. If the contractor requires access inside of the HQ USCENTCOM compound (via Sea Swallow Avenue barrier/controlled access point.), the contractor or 6 CE government POC shall coordinate, in advance, with the HQ USCENTCOM Facilities office (Mr. Leo Calumpang, 813-529-0437 or Mr. Richard held, 813-529-0459). The contractor shall be responsible for the return of all AF Form 75’s issued to any employee working on the project to the 6th Contracting Squadron/LGCM after completion of the project. The contractor shall comply with all security controls in place at the work site, to include escort requirements, access badges, and vehicle search and security clearances. The contractor shall not employ persons for work on this project if such employee(s) are identified by the Government as a potential threat to the health, safety, security, general well-being or the operational mission of 6 Air Mobility Wing and any tenant units or the MacDill AFB population. Contractor personnel shall have a Government escort and must remain at all times with provided escort to meet site access requirements.

7.2. Employee List: The contractor shall, following award of the project, provide a list of each employee who will require access to the base, including the employees of all subcontractors. The list must include employee name (first, middle, last), DOB, driver’s license/identification card number or other government issued photo identification card, social security number issued in the same name as the photo identification card.

7.3. Vehicles: All contractors' vehicles must have current registration and proof of insurance; the vehicle operator must have a valid driver's license. Vehicles may not remain parked at or in the vicinity of the Visitor's Reception Facility, or at any MacDill Air Force Base gate for longer than 30 minutes. Vehicles left unattended for more than 30 minutes are subject to being towed at the owner's expense. 6 Civil Engineering and HQ USCENTCOM will provide parking and parking passes for required contractor vehicles near Building 567 to allow completion of the work required in this Statement of Work.

ALL VEHICLES ENTERING OR ON MACDILL AFB ARE SUBJECT TO INSPECTION

BY SECURITY FORCES PERSONNEL.

8. ENVIRONMENTAL REQUIREMENTS:

8.1. MacDill AFB has implemented an Environmental Management System (EMS), which is based on International Organization for Standardization (ISO)-14001, as their primary management approach in conducting operations and managing their environmental programs. Work performed by all contractors and subcontractors, shall be consistent with the MacDill Environmental Management System (EMS) policy.

MacDill’s Environmental Policy is to: execute our mission, prevent pollution, improve continuously in mission and environment, and comply with all environmental regulations and Air Force requirements.

8.2. All on-site Contractor personnel, and their subcontractor personnel, performing tasks that have the potential to cause a significant environmental impact shall be competent on the basis of appropriate education, training or experience. In addition, The Contractor shall provide monitoring and measurement information as identified on the Environmental tab of the AF 66 (Schedule of Material Submittals) that address performance relative to environmental, energy and transportation management goals.

The Contractor may contact the 6 CES/CEV Environmental Flight for additional information regarding MacDill’s EMS.

8.3. NON-HAZARDOUS WASTE DISPOSAL REPORTING: Contractor shall report non-hazardous solid waste at 50% and 100% construction completion phases using the MacDill AFB Construction & Demolition Debris Disposal Form (Appendix I). No weight tickets are to be submitted with this form however they shall be kept on file with the contractor for auditing purposes.

8.4. MSDS DATA: The contractor shall complete and submit the “Contractor HAZMAT List” form (Appendix J). All forms shall be submitted electronically in PDF format. The use of any Class I Ozone Depleting Substance (ODS) is prohibited. No HAZMAT items are to be left on site at the completion of the project.

8.5. GREEN PROCUREMENT: Federal/Environmental Protection Agency (EPA) Green Procurement guidelines must be followed. Products shall comply with requirements set by the EPA Comprehensive Procurement Guidelines list, the United States Department of Agriculture (USDA) Bio-preferred Program, Department of Energy Federal Energy

Management Program (Energy Star, standby power, and water efficiency), EPA Significant New Alternatives Program (SNAP), and EPA Priority Chemicals (PROACT).

Contractor shall complete and submit a Green Procurement Determination Form to identify products that are subject to these purchasing requirements and/or claim an exemption from the requirement if appropriate.

8.6. Asbestos and Lead Information: Neither lead nor asbestos containing materials are anticipated in this project. If the Contractor encounters material suspected of being asbestos or lead which will interfere with the execution of the work, the Contractor shall stop work on that item/area and notify the Contracting Officer.

8.7. Pollution Prevention: The contractor shall comply with all federal, state, and local pollution regulations for all site repair work performed as well as at all manufacturing facilities. The contractor shall participate in source reduction, energy conservation, and recycling programs at all manufacturing facilities.

8.8. Acquisition Pollution Prevention and Ozone Depleting Chemicals (ODCs): IAW with the Copenhagen-Amended Montreal Protocol (1992) and AFI 32-7080, the system, subsystems and components procured under this contract shall not contain or require the use of Class I Ozone Depleting Chemicals. Maintenance and repair procedures shall not require the use of Class I or II Ozone Depleting Chemicals. If commercial manuals reference Class I or II Ozone Depleting Chemicals, the contractor shall identify suitable substitutes within an appendix or attachment to the manual. A list of Ozone Depleting Chemicals is contained in AFI 32-7080, Attachment 1. IAW Executive Orders 12856 and 12873, and AFI 32-7080, the system, subsystem and components procured under this contract shall not contain or require the use of the Environmental Protection Agency (EPA) 17 Industrial Toxins. If commercial manuals reference the Environmental Protection Agency 9DPA) 17 Industrial Toxins, the contractor shall identify suitable substitutes within an appendix or attachment to the manual. The contractor shall study and actively pursue non-hazardous or less hazardous alternatives for all other hazardous materials. The use of all hazardous materials shall be eliminated or reduced to the maximum extent possible. A list of the Environmental Protection Agency (EPA) 7 Industrial Toxins is contained in AFI 32-7080, and IAW AFFARS 5352.223.

9. PROJECT CLOSEOUT:

9.1. Final Cleaning: Execute final cleaning of the site prior to final inspection.

9.2. Final Inspection: A Final Inspection will be held upon completion of the project.

9.3. Warranty: Provide for 1 year parts and labor.

End

CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE YEAR-MO SECTION

VARIATION

NAME DATE

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-

Related Felonies.

2008-12 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 SEC I 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

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

2015-10 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 SEC I 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.225-7978 Restriction on Acquisition of Certain Magnets and

Tungsten.(DEVIATION 2019-O0006)

2019-01 SEC I

Deviation 2019-O0006 2019-01

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2004-09 SEC I

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I 252.244-7001 Contractor Purchasing System Administration. - (Alternate I) 2014-05 SEC I

Alternate I 2014-05

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System. 2016-08 SEC I 252.246-7008 Sources of Electronic Parts. 2018-05 SEC I 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements.

2017-01 SEC I

52.203-6 Restrictions on Subcontractor Sales to the Government. - (Alternate I) 2006-09 SEC I Alternate

I 1995-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 SEC I 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities.

2018-07 SEC I

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 SEC I 52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment.

2015-10 SEC I

52.219-13 Notice of Set-Aside of Orders. 2011-11 SEC I 52.219-8 Utilization of Small Business Concerns. 2018-10 SEC I 52.222-19 Child Labor-Cooperation with Authorities and Remedies. 2018-01 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.222-37 Employment Reports on Veterans. 2016-02 SEC I 52.222-51 Exemption from Application of the Service Contract Labor Standards to

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

2014-05 SEC I

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 SEC I

ATTACHMENT 3 CLAUSE LIST

52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 SEC I 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 SEC I 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I

CLAUSES IN FULL TEXT

CLAUSE NO. CLAUSE TITLE (MONTH

YEAR)

VARIATION

NAME DATE

CLAUSE TEXT

52.222-26 Equal Opportunity. (SEP 2015)

As prescribed in 22.810(e), insert the following clause:

Equal Opportunity (Sept 2015)

(a) Definition. As used in this clause.

"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

"Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-

(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

"Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance

Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance

Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)

(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c)

(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by

41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-

(i) Employment;

(ii) Upgrading;

(iii) Demotion;

(iv) Transfer;

(v) Recruitment or recruitment advertising;

(vi) Layoff or termination;

(vii) Rates of pay or other forms of compensation; and

(viii) Selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)

(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-

(A) Incorporation into existing employee manuals or handbooks; and

(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(8) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.

(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of

OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.

(End of Clause)

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

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31U.S.C.3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41U.S.C.chapter71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR Part1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C.3903) and prompt payment regulations at 5 CFR Part1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the

Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C.