RFP__FA4855-17-R-0025.pdf

FA4855-17-R-0025

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2005-95, Defense Federal Acquisition Regulation Supplement Change Notice (DPN) 20161222, and Air Force Acquisition Circular (AFAC) 2017-0127.

This requirement is for the acquisition of non-personal services to provide Range Residue Removal (R3) Services located on Melrose Air Force Range in New Mexico. The solicitation number for this acquisition is FA4855-17-R- 0025; the NAICS is 562910 (Remediation Services), the small business threshold for this NAICS is $20.5M. The proposed acquisition is 100% SET ASIDE for small business concerns. For a better understanding of this qualification, please visit the small business link at http://sba.gov.

This acquisition will be competed using a written Request for Proposal (RFP). All interested parties must provide a proposal package by the time specified below to the Government in order to be considered for award. Proposal packages shall include all data and information requested and shall be submitted in accordance with the instructions found in the attached "Instructions to Offeror" (FAR 52.212-1 and Addendum to 52.212-1) in the solicitation document. Non-conformance with the instructions may result in proposal considered non-responsive and ineligible for award.

The solicitation is a competitive RFP and award will be based on commercial procedures found in the Federal Acquisition Regulation (FAR) Part 12. Award will be made using the evaluation procedures of FAR 52.212-2 and Addendum to 52.212-2.

Please note that the Government DOES NOT intend to hold discussions; therefore, in order to be considered acceptable, the offeror must demonstrate a clear understanding of the required services as described in the attached Performance Work Statement.

IMPORTANT NOTICE TO CONTRACTORS: All prospective awardees are required to register at the System for Award Management (SAM) and to maintain active registration during the life of the contract. SAM can be accessed at https://www.sam.gov.

All prospective offerors are responsible to visit the solicitation announcement on the FBO webpage, frequently to obtain the solicitation, any amendments and/or other information pertaining to this solicitation. Contractor is responsible for signing, acknowledging, and returning any amendments to the solicitation. No telephone or written requests for this solicitation package will be accepted. PAPER COPIES OF THIS SOLICITATION WILL

NOT BE AVAILABLE.

SITE VISIT

A site visit is scheduled for 29 August 2017 at 0800 AM MDST. The meeting location will be 3771 Sundale Valley Road, Floyd, NM 88118. Contractors shall e-mail Ashley Stewart at ashley.stewart.20@us.af.mil, Yolanda Romero at yolanda.romero.1@us.af.mil or Ms. Dawn Armant at dawn.armant@us.af.mil no later than 2:00 PM MDST on 25 August 2017 providing the following information to attend the site visit:

Company name Number of people attending (no more than 2 per company) Each person’s name/phone number Questions for the site visit (if any)

Proposals AND completed representations and certifications (if not available in SAM), are due by 2:00 PM Mountain Time on Wednesday, 6 September 2017.

http://sba.gov/ https://www.sam.gov/ mailto:ashley.stewart.20@us.af.mil mailto:yolanda.romero.1@us.af.mil

TABLE 1 – COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

(Offer to complete blocks below) Contractor/Offeror: Discount Terms:

Cage Code:

Telephone Number:

Signature of Contractor

Name and Title of Signer

Date Signed

NEW MEXICO GROSS RECEIPTS TAX

The state of New Mexico assesses a Gross Receipts Tax for firms conducting business within the state. This tax is imposed on the basis of revenue derived from business operations within the state without regard to the location of the business entity. Offerors are advised that any offer received will be presumed to include this cost of business and any request for adjustment of your prices, as a mistake in bid, either before or after contract award, will not be considered. The rate of the New Mexico Gross Receipts Tax may be obtained from the New Mexico Taxation and Revenue Department (http://www.tax.newmexico.gov) at (505) 827-0700.

PRICE SCHEDULE

General Description of Services for CLINs below.

Non-personal services: The contractor shall provide all labor, material, and equipment to provide Range Residue Removal (R3) from Melrose Air Force Range (MAFR) in Floyd, New Mexico, in accordance with the Performance Work Statement, all applicable Federal, State, and Local laws and regulations.

The period of performance is 22 September 2017 – 22 January 2018.

PERIOD OF PERFORMANCE: 22 SEP 2017 – 22 Jan 2018

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Range Residue Removal (R3) 1 Lot

TOTAL AMOUNT

http://www.tax.newmexico.gov/

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 52.204-21 52.209-10

Commercial and Government Entity Code Maintenance Basic Safeguarding of Covered Contractor Information Systems Prohibition on Contracting With Inverted Domestic Corporations

JUL 2017

JUN 2016

NOV 2015

52.212-1 52.212-2 52.212-3 52.212-4

Instructions to Offerors--Commercial Items Evaluation—Commercial Items Offeror Representations and Certifications—Commercial Items—Alternate I Contract Terms and Conditions—Commercial Items

JAN 2017

OCT 2014

OCT 2014

JAN 2017

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-25

52.232-18

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

Availability of Funds

OCT 2015

APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 52.233-3 52.233-4

Providing Accelerated Payments to Small Business Subcontractors Protest after Award Applicable Law for Breach of Contract Claim

DEC 2013

AUG 1996

OCT 2004

52.237-1 Site Visit APR 1984 52.237-2 Protection of Government Buildings, Equipment, And Vegetation APR 1984 52.243-1 Alt I Changes – Fixed Price – Alternate I APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding of Unclassified Controlled Technical Information OCT 2016 252.204-7015 Disclosure of Information to Litigation Support Contractors MAY 2016 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014 252.232-7003 252.232-7006

Electronic Submission of Payment Requests and Receiving Reports Wide Area WorkFlow Payment Instructions

JUN 2012

MAY 2013

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Addendum)

Paragraph (c) is tailored as follows: “The Offeror agrees to hold the prices in its offer for 90 calendar days from the date specified for receipt of offers.”

PROPOSAL PREPARATION INSTRUCTIONS

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

The response shall consist of three (3) separate parts; Part I - Price Proposal, Part II – Past Performance, and Part III - Technical Proposal (all in separate files).

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

C. Specific Instructions. Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

1. PART I – PRICE PROPOSAL – Submit one (1) signed copy.

a. Complete TABLE 1– COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS in the solicitation. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION with attachments.

b. Insert proposed unit and extended prices in the Price Schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal(s) must be submitted for a one-time contract.

Provide a price for CLIN 0001.

c. Complete the necessary fill-ins and certifications in provisions incorporated into the solicitation by full text and return along with the proposal.

2. PART II – PAST PERFORMANCE – Limited to no more than 3 pages. Submit one (1) copy.

a. Offer must provide examples of the same or similar past performance (scope, magnitude, complexity) within the past 10 years. Provide information highlighting your companies’ experience as required in the PWS for the Range Residue Removal (R3) Services. Provide any additional information which shows your organization has the required resources and expertise to be successful on this requirement within the page limitations.

b. Submit the following:

• Contract number (if assigned)

• Contract Title

• Place of performance

• Period of performance (dates of service)

• Frequency of Service (i.e. monthly, quarterly, etc.)

• Description of services provided

• Contract/customer POC: name, phone number and e-mail

Past Performance rating is either “acceptable” or “unacceptable”. Only those offers whose past performance is rated “acceptable” will be considered.

3. PART III – TECHNICAL CAPABILITY – Submit one (1) copy.

a. The offeror must demonstrate technical capability and Contractor Employee Qualifications to perform UXO clearance by providing Proof of Certification for employees engaged in the UXO clearance process in compliance with all Federal, State, and Local laws and regulations, as well as DoD Explosive Safety Board (DDESB) Technical Paper 18 (TP 18).

Technical rating is either “acceptable”, or “unacceptable”. Only those offers whose technical is rated “acceptable” will be considered.

4. Format for proposal Part I & II shall be as follows:

(a) The proposals will be 8 1/2” x 11” paper except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”.

(b) A page is defined as one face of a sheet of paper containing information.

(c) Typing shall not be less than 12 pitch

(d) Elaborate formats, bindings or color presentations are not desired or required.

(e) The Offeror shall submit all proposal information in electronic Portable Document Format (PDF).

NOTE: The cover letter, title page, table of contents, table of figures, list of tables and glossary of abbreviations & acronyms do not count against page count limitations. Proposal contents that exceed the stated page limitations will be removed from the proposal by the Contracting Officer, prior to turning the proposal over to the Government evaluation teams, and will not be considered in the evaluation.

GENERAL INFORMATION

INFORMATION REGARDING SUBMISSION OF PROPOSAL: Proposals must be signed by an authorized company official and emailed to:

- Ms. Dawn Armant at dawn.armant@us.af.mil,

- Ms. Ashley Stewart at ashley.stewart.20@us.af.mil

- Ms. Yolanda Romero at yolanda.romero.1@us.af.mil and be received no later than the proposal receipt date established in the solicitation. Amendments, if issued, must be signed by an authorized company official and submitted.

NOTE: Proposals shall be submitted by email only. Facsimile submittals will not be accepted.

Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

NOTE: All questions related to this solicitation are due no later than 2:00 PM MST on 29 August 2017. Offerors shall e-mail Ms. Dawn Armant at dawn.armant@us.af.mil, Ms. Ashley Stewart at ashley.stewart.20@us.af.mil and Ms. Yolanda Romero at yolanda.romero.1 @us.af.mil with all questions related to this solicitation. Responses to the questions sent in will be answered and published to FBO.

(End of Addendum)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

mailto:dawn.armant@us.af.mil mailto:yolanda.romero.1@us.af.mil mailto:dawn.armant@us.af.mil mailto:derek.slack@us.af.mil

(i) Price

(ii) Technical Capability

Selection will be based on Lowest Price Technically Acceptable (LPTA) process. The application of the LPTA process for contract award selection and approval is described below.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-2 EVALUATION – COMMERCIAL ITEMS (ADDENDUM)

1. BASIS OF CONTRACT AWARD

a. This is a Lowest Price Technically Acceptable (LPTA) source selection conducted in accordance with Federal Acquisition Regulation (FAR) 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Air Force Federal Acquisition Regulation Supplement (AFFARS). These regulations are available electronically at the Air Force (AF) FARSite, http://farsite.hill.af.mil.

By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and performance records. The Government will select the proposal with the lowest evaluated price from among those meeting the acceptability standards for non-price factors. A contract may be awarded to the offeror who is deemed responsible in accordance with the FAR Part 9.1, as supplemented, whose proposal conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by Addendum to FAR 52.212-1 of this solicitation) and is judged, based on the evaluation factors and subfactors, to represent the lowest price technically acceptable proposal.

b. Number of Contracts to be Awarded. The Government intends to award one contract for the Range Residue Removal (R3) Services. However, the Government reserves the right to make no award at all.

c. Exchanges. If, during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices (ENs) and the Final Proposal Revision (FPR) will be considered in making the source selection decision. If the offeror’s proposal has been evaluated as acceptable at the time discussions are closed, any changes or exceptions in the Final Proposal Revision are subject to evaluation and may introduce risk that the offeror’s proposal be determined unacceptable and ineligible for award.

d. Solicitation Requirements, Terms and Conditions. Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors or subfactors. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.

2. EVALUATION PROCESS

a. Evaluation Factors. The following evaluation factors will be used to evaluate each proposal. The Government will evaluate proposals for acceptability, but will not rank the proposals by the non-price factors.

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

Factor 1: Price Factor 2: Past Performance Factor 3: Technical Capability

(i) Price Evaluation. The Government will rank all offerors (whose proposal conforms to the solicitation’s requirements) from lowest price to highest price. An offeror’s proposed prices will be determined by multiplying the quantity identified in the Price Schedule by the unit price.

(ii) Past Performance Evaluation

(a) Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or two (2) contracts must have been performed during the past 10 years from the date of issuance of this solicitation, and the Recency Rating will be assigned in accordance with Table A-1 – Past Performance Recency Ratings.

(b) Relevancy Assessment. The Government will evaluate all recent performance information to determine how closely the services performed under those contracts relate to this requirement. To be relevant, the Relevancy Rating will be assigned in accordance with Table A-2 – Past Performance Relevancy Ratings.

(c) After completing Recency and Relevancy Assessments the government will perform a quality assessment consisting of an evaluation of past performance information available, regardless of its source to assign a Past Performance Acceptable/Unacceptable Rating in accordance with Table A-3 – Past Performance Overall Acceptable/Unacceptable Rating.

(d) Any part of Past Performance evaluated as “Unacceptable” will render the entire proposal unacceptable and, therefore, not awardable. Only those proposals determined to be acceptable will be considered for award.

(e) Sources of Past Performance Information for Evaluation: In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance proposal and information obtained from Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System (PPIRS) or other databases; interviews with Program Managers, Contracting Officers, and the Defense Contract Management Agency.

(f) A quality assessment consists of an evaluation of past performance information available, regardless of its source. The quality assessment may reveal positive or adverse past performance information. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comment received form sources without a formal rating system.

Multiple ratings of less than “Satisfactory in CPARS, PPIRS, or other databases will result in an “Unacceptable” rating. Interviews that are conducted with Program Managers, Contracting Officers, and the Defense Contract Management Agency will result in an “Unacceptable” rating if the interviews are less than favorable towards the contractor. Offerors may be given an opportunity to respond to adverse past performance information for which they have not previously had an opportunity to address in accordance with

FAR 15-306.

TABLE A‐1 PAST PERFORMANCE RECENCY RATINGS

Rating Description Recent Based on the vendor’s performance record for the last 10 years, the Government has a reasonable expectation that the vendor will successfully perform the required effort, or the vendor’s performance record is unknown.

Not Recent Based on the vendor’s performance record for the last 10 years, the Government has no reasonable expectation that the vendor will be able to successfully perform the required effort.

TABLE A‐2 PAST PERFORMANCE RELEVANCY RATINGS

Relevant A relevant contract is a government or commercial contract in which the offeror performs services similar in type and complexity to those identified in the Performance Work Statement. To include operations for residue removal on a DoD bombing range with materials to be removed that have like munitions and capability to demilitarization (demil).

Specifically, the offeror shall have experience with ALL three (3) of the following types of services as described in the PWS:

‐‐ DoD contract for residue removal on bombing range;

‐‐ Experience with 500 lb. inert bombs and subscale practice munitions (BDU 33);

‐‐ Demil of vehicles.

Not Relevant A contract in which less than all three (3) types of the services listed above were performed.

TABLE A‐3 PAST PERFORMANCE ACCEPTABLE/UNACCEPTABLE RATINGS

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

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

*In the case of a vendor without a record of relevant past performance of for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the vendor may not be evaluated favorably or unfavorably on past performance. Therefore, the vendor shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

(iii) Technical Capability. The Government’s technical evaluation team shall evaluate the lowest priced offeror’s technical proposal on an acceptable or unacceptable basis, assigning one of the ratings described in Table A-4 – Technical Acceptable/Unacceptable Ratings.

(a) Any factor evaluated as “Unacceptable” will render the entire proposal unacceptable and, therefore, not awardable. Only those proposals determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. However, the offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

TABLE A-4 TECHNICAL ACCEPTABLE/UNACCEPTABLE RATINGS

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

The proposal shall be evaluated against the following technical factor:

Factor 1 – Qualifications: This requirement is met when the offeror provides the Certifications for the employees who will be performing on this contract as required in RFP Attachment One PWS paragraph 2.1.2.1.-2.1.2.4. and adhere to instructions provided in 52.212-1, Instructions to Offerors – Commercials Items (Addendum).

A. Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions to permit a meaningful assessment of technical capability. Offerors may be asked to clarify certain aspects of their proposal. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

B. If the lowest priced evaluated offer has been determined technically acceptable, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers. If the lowest priced offeror is not judged to have an acceptable rating, the next lowest priced offeror will be evaluated and the process will continue (in order by lowest price) until an offeror is judged to have an acceptable rating or until all offerors are evaluated. The Source Selection Authority shall then make an integrated assessment best value award decision.

C. If at any point during the evaluation process, a proposal receives a unacceptable rating for past performance or technical capability, the proposal is then determined to be unacceptable and therefore will not be considered.

(End of Addendum)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

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

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

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

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

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

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

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

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 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).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C.

3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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) 52.219-8, 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.

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

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

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

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

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

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

(x) 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.

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

(xii) (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 E.O. 13627).

(xiii) 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.)

(xiv) 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)

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

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

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

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

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562910.

(2) The small business size standard is $20.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture.