FA5000-15-T-0001_COMBO_EMCS.pdf
PDF 219 KB Posted
- Attached to
- Energy Management Control System (EMCS) Services Federal contract opportunity
- Solicitation number
- FA5000-15-T-0001
About this file
Combined Synopsis/Solicitation
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| FA5000-15-T-0001_COMBO_EMCS_Amendment2.pdf | ||
| FA5000-15-T-0001_COMBO_EMCS_Amendment1.pdf | ||
| FOUO-Brand-Name-JA_EMCS_JBER_final_review_20150112.pdf | ||
| EMCS_PWS_FY15_12_Feb_2015.pdf | ||
| WageDetermination.pdf | ||
| EMCS_Workload_Data_12_Feb_15.xlsx | XLSX spreadsheet | |
| FY15_QASP_EMCS__12_Feb_15.pdf |
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Text version
FA5000-15-T-0001
THE DEADLINE FOR RECEIPT OF QUOTES IS
12 March 2015, 4:00 PM, Alaska Local Time
CONTRACTING OFFICE ADDRESS: Department of the Air Force, Pacific Air Force, 673 CONS- Joint Base Elmendorf-Richardson (JBER), Building 10480 Sijan Ave, JBER, Alaska, 99506-2500
DESCRIPTION: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, utilizing the Simplified Acquisition Procedures (SAP) under FAR Part 13.5, Test Program Procedures for Certain Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
This synopsis/solicitation is issued as a Request For Quotation (RFQ) under the solicitation number FA5000-15-T-0001 for Energy Management Control System (EMCS) Services at JBER, Alaska.
Description of Service: The contractor shall provide all management, transportation, tools, supplies, equipment, and labor necessary to perform maintenance of the Energy Management and Controls Systems (EMCS) located on Joint Base Elmendorf Richardson (JBER), Alaska. The contractor shall perform contracted services in accordance with applicable trade practices and Engineering Technical Letter (ETL) 11-1 and Air Force Instruction (AFI) 33-210. The EMCS shall be maintained per national electrical code requirements. A full description of services provided is outlined in Section I of the Performance Work Statement (PWS).
This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-78 as of 26 Dec 2014, Defense Federal Acquisition Regulation Supplement Publication Notice 20150129, effective 29 Jan 2015 and Air Force Acquisition Circular 2014-1001 Baseline effective 01 Oct 2014.
This acquisition is solicited as unrestricted with no set-aside. The applicable (North American Industry Classification System) NAICS code is 238210, Electrical Contractors and Other Wiring Installation Contractors and the small business size standard is $15,000,000.00. Prospective vendors must ensure they meet all requirements in 52.212-1, 52.212-2, 52.212-3 and addendums as failure to follow all instructions may result in an RFQ being deemed non-responsive and potentially ineligible for award.
Period of Performance (PoP):
Base Period- 04 Apr 2015 through 30 Sep 2015 (5 months and 27 days)/ Line Items 0001-0004 Option Year 1 (if exercised)- 1 Oct 2015 through 30 Sep 2016 (12 Months)/ Line Items 1001-1004 Option Year 2 (if exercised)- 1 Oct 2016 through 30 Sep 2017 (12 Months)/ Line Items 2001-2004 Option Year 3 (if exercised)- 1 Oct 2017 through 30 Sep 2018 (12 Months)/ Line Items 3001-3004
This RFQ contains 16 total line items. Line items 0001, 1001, 2001, and 3001 are firm fixed price based on a flat monthly rate. Line items 0002, 1002, 2002, 3002, 0003, 1003, 2003, and 3003 are firm fixed price based upon hourly rates and billed monthly based on actual work provided. Line items 0004, 1004 2004, and 3004 are for reimbursement of actual price paid by the contractor for parts used under line items 0002, 1002, 2002, 3002, 0003, 1003, 2003, and 3003. The Government will not pay G&A, profit, overhead or any other markup on parts required to complete routine or emergency service calls (refer to the PWS for specifics). The line items are as follows:
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm%23P284_48544
Item No Description of Services Qty Unit Unit Price Cumulative
Amount
NON-PERSONAL SERVICES
Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Energy Management Control System services at JBER for the period 04 Apr 2015 through 30 Sep 2015 in accordance with the Performance Work Statement
0001 Scheduled Maintenance/ Monthly Reports 12 Months $_________ $____________
Unscheduled Maintenance
Hours (Not to Exceed)
Training
Hours (Not to exceed )
Parts and materials in accordance with the attached Performance Work Statement. (Do not provide pricing for this CLIN. The Government will provide funding to this CLIN based on historical data. There will be no G&A or profit on this
CLIN)
Lump Sum
(Not to Exceed)
___N/A__ ___N/A__
Total (Base period)
NON-PERSONAL SERVICES
Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Energy Management Control System (EMCS) services at JBER for the period 01 October 2015 through 30 Sep 2016 in accordance with the Performance Work Statement.
1001 Scheduled Maintenance/Monthly Reports 12 Months $_________ $____________
Unscheduled Maintenance
Hours (Not to Exceed)
Training
Hours (Not to Exceed)
Parts and materials in accordance with the attached Performance Work Statement. (Do not provide pricing for this CLIN. The Government will provide funding to this CLIN based on historical data. There will be no G&A or profit on this
CLIN)
Lump Sum
(Not to
Total (Option Year 1) transportation, material, and other items and services necessary to perform Air Compressor services at JBER for the period 01 October 2016 through 30 Sep 2017 in accordance with the Performance Work Statement.
2001 Scheduled Maintenance/Monthly Reports 12 Months $_________ $____________
Unscheduled Maintenance
Hours (Not to Exceed)
Training
Hours (Not to Exceed)
Parts and materials in accordance with the attached Performance Work Statement. (Do not provide pricing for this CLIN. The Government will provide funding to this CLIN based on historical data. There will be no G&A or profit on this
CLIN)
Lump Sum
(Not to
Total (Option Year 2) transportation, material, and other items and services necessary to perform Air Compressor services at JBER for the period 01 October 2017 through 30 Sep 2018 in accordance with the Performance Work Statement.
Scheduled Maintenance/Monthly Reports
12 Months $_________ $____________
Unscheduled Maintenance
Hours (Not to Exceed)
Training
Hours (Not to Exceed)
Parts and materials in accordance with the attached Performance Work Statement. (Do not provide pricing for this CLIN. The Government will provide funding to this CLIN based on historical data. There will be no G&A or profit on this
CLIN)
Lump Sum
(Not to
Total (Option Year 3)
GRAND TOTAL (Base plus three (3) option years)
ADDITIONAL REQUIREMENTS: When bidding on this requirement please include the information below and do a price breakdown for the above mentioned CLINs:
Cage Code:
DUNS No:
TIN:
Prompt Payment Terms:
The following provisions apply to this acquisition and may be accessed via the internet at http://farsite.hill.af.mil:
Provision at FAR 52.212-1, Instructions to Offerors – Commercial (Apr 2014), applies to this acquisition along with the following addendum:
Addendum to 52.212-1(b), Submission of offers: THE DEADLINE FOR RECEIPT OF QUOTES IS 12 Mar 2015, 4:00 PM, Alaska local time.
Submission may be made via email to the Contracting Specialist, SSG Mark Fitzgerald, mark.fitzgerald.8@us.af.mil and the Contracting Officer, MSgt Thomas Crews thomas.crews@us.af.mil .
Quotations must reference the synopsis/solicitation number FA5000-15-T-0001, Energy Management Control System (EMCS) Services.
System for Award Management (SAM). Offerors must be registered in the SAM database to receive a contract award. Instructions to register your entity to be eligible for contracts in SAM are located at www.SAM.gov. If your entity was previously registered in the Central Contractor Registration (CCR), your company’s information is already in SAM.
Addendum to 52.212-1(c), Period for Acceptance of Quotes. The paragraph is tailored as follows: “The contractor agrees to hold the prices in its quotation firm for 90 calendar days from the date specified for receipt of quotes.”
Addendum to 52.212-1(f), Late submission, modifications, revisions, and withdrawal of offers. The paragraph is tailored as follows: “Quotes received after the deadline for Receipt of Quotes may not be accepted by the government however, the government reserves the right to accept “late” quotes if the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition and would be in the best interest of the government.”
Addendum to 52.212-1(g), Contract Award. “The government intends to evaluate offers and award a contract without discussions with the Offeror. Therefore the offeror’s initial quote should contain the offeror’s best terms from a price and technical acceptability standpoint. However, the Government reserves the right to conduct discussion if later determined by the Contracting Officer to be necessary and in the best interest of the government”
Provision at FAR 52.212-2, Evaluation—Commercial Item (Oct 2014), applies to this acquisition along with the following addendum:
Addendum to 52.212-2(a), Evaluation - Commercial Items, the Government will award a contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation http://farsite.hill.af.mil/ mailto:mark.fitzgerald.8@us.af.mil mailto:thomas.crews@us.af.mil http://www.sam.gov/ will be the lowest price technically acceptable. The following factors shall be used to evaluate offers:
Price and Technical Acceptability
Price Evaluation. An offeror’s proposed prices (including options) will be determined by multiplying the quantities identified in Price Schedule by the proposed unit price for each Item Number to confirm the extended amount for each item.
The price equivalent to the six (6) months Extension of Services authorized by FAR 52.217-8 will be evaluated and factored as part of the Total Evaluated Price (TEP) for award. The Government will calculate proposed prices for a quantity equivalent to 6 months by prorating prices offered for Item Number 0002 and all corresponding option item numbers under FAR 52.217-9, using the following formula:
Base Period = CLIN Extended Amount x 1.0* Option Year 1 = CLIN Extended Amount x 0.5*
Note: * 0.5 is the multiplicative factor used to derive the 6 months quantity value.
Technical Acceptability.
The following table details what will be deemed an “acceptable” or “unacceptable” technical rating:
TECHNICAL ACCEPTABILITY ASSESSMENT TABLE
Rating Description
ACCEPTABLE
The offeror is licensed by Automated Logic Corporation to work on Direct Digital Control (DDC) systems in the Alaska region.
UNACCEPTABLE The offeror is not licensed by Automated Logic Corporation to work on Direct Digital Control (DDC) systems in the Alaska region.
All responsible sources may submit a quotation, which will be considered by the Government. Award will be made to the responsible offeror with the lowest price technically acceptable whose quotation conforms to the solicitation and meets the Government's requirement. Offeror must complete the provision at FAR 52.212-3 and Alternate I, Offeror Representation and Certifications-Commercial Items (Dec 2014). An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . Vendors must ensure they are registered for the appropriate set-aside category in relation to the NAICS for this procurement. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of the provision. The provision at 52.212-3 is listed in full text at the end of this solicitation for your convenience. Complete the applicable sections in accordance with the instructions above. All referenced Federal Acquisition Regulation (FAR) clauses and provisions in this solicitation may be accessed via the internet at https://farsite.hill.af.mil.
http://www.acquisition.gov/ https://farsite.hill.af.mil/
The following FAR, DFARS, and AFFARS provisions are incorporated by reference apply:
52.204-7, System for Award Management (JUL 2013)
52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification (Dec 2012)
252.204-7011, Alternative Line Item Structure (SEP 2011)
252.209-7002, Disclosure of Ownership or Control by the Government of a Terrorist Country (Jun 2010)
252.225-7031, Secondary Arab Boycott of Israel (JUN 2005)
252.247-7022, Representation of Extent of Transportation of Supplies by Sea (AUG 1992)
The following FAR and DFARS clauses are incorporated by reference apply:
52.204-13, System for Award Management Maintenance (JUL 2013)
52.212-4, Contract Terms and Conditions Commercial Items (DEC 2014)
52.223-2, Affirmative Procurement of Bio based Products under Service and Construction Contracts (SEP 2013)
52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013)
252.201-7000, Contracting Officer's Representative (DEC 1991)
252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)
252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011)
252.204-7012, Safeguarding of unclassified controlled technical information (NOV 2013)
252.211-7003, Item Unique Identification and Valuation (DEC 2013)
252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)
252.225-7001, Buy American and Balance of Payments Program Certificate (NOV 2014)
252.225-7012, Preference for Certain Domestic Commodities (FEB 2013)
252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (JUN 2012)
252.232-7004, DoD Progress Payment Rates (OCT 2014)
252.232-7006, Wide Area Workflow Payment Instructions (MAY 2013)
252.232-7010, Levies on Contract Payments (DEC 2006)
252.243-7002, Requests for Equitable Adjustment (DEC 2012)
252.244-7000, Subcontracts for Commercial Items (JUN 2013)
252.246-7003, Notification of Potential Safety Issues (JUN 2013)
252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military (OCT 2010)
252.247-7023, Transportation of Supplies by Sea (APR 2014)
5352.242-9000, Contractor Access to Air Force Installations (NOV 2012)
The following FAR and DFARS clauses are incorporated in full text apply:
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (DEC 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(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:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.
3509).
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm%23P120_20191
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
_X__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L.
111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.
110-161).
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (Oct 2014) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.
13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (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 (Jul 2014) (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).
___ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (34) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Jun 2014) of 52.223-13.
___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
_X__ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X__ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X__ (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X__ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (53) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
14045- Computer Operator V, $27.62
_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.
chapter 67).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
_X__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.
3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).
(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)
FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)***
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor not later than 15 days prior to contract expiration.
FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor not later than 15 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend not later than 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 41 months and 27 days.
FAR 52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-
O0017) (JUNE 2014)
This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.
(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.
(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.
(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.
(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).
(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.
DFARS 252.222-7000 Restrictions on the Employment of Personnel (Mar 2000)
(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in Alaska, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.
(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.
DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions.
See DoD Class Deviation 2013-O0005, Wide Area WorkFlow Payment Instructions, issued on January 22, 2013. This deviation authorizes contractors performing work under contracts administered by ONR Regional Offices to use PayWeb, while it is being phased out, as an alternate method of sending submissions to Wide Area Workflow in addition to the more commonly used methods listed in DFARS 252.232-7006. This deviation remains in effect until September 30, 2014.
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
http://www.acq.osd.mil/dpap/policy/policyvault/USA007509-12-DPAP.pdf http://www.acq.osd.mil/dpap/dars/dfars/html/current/232_70.htm
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Two (2) in One (1)
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Joint Base Elmendorf Richardson (JBER), Anchorage, Alaska/ F1W3EB
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Pay Official DoDAAC F67100 Issue By DoDAAC FA5000 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
Admin DoDAAC FA5000 Inspect By DoDAAC F1W3EB Ship To Code F1W3EB Ship From Code NA Mark For Code NA Service Approver (DoDAAC) F1W3EB Service Acceptor (DoDAAC) F1W3EB Accept at Other DoDAAC NA LPO DoDAAC NA DCAA Auditor DoDAAC NA Other DoDAAC(s) NA
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and sub line item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
673CONS.WAWF@elmendorf.af.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
Points of contacts will be added after award
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
252.232-7007 Limitation of Government’s Obligation.
As prescribed in 232.705-70, use the following clause:
LIMITATION OF GOVERNMENT’S OBLIGATION (APR 2014)
(a) Contract line item(s) 0001 through 3004are incrementally funded. For this/these item(s), the sum of $TBD of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total http://www.acq.osd.mil/dpap/dars/dfars/html/current/232_7.htm amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.”
As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $ __TBD____
(End of clause)
AFFARS 5352.201-9101, OMBUDSMAN (APR 2014)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, [Insert names, addresses, telephone numbers, facsimile numbers, and e-mail addresses of Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman/ombudsmen]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number
(571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.
(End of clause) http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf
52.212-3 -- Offeror Representations and Certifications -- Commercial Items.
As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications -- Commercial Items (Dec 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(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 eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm%23P120_20225 http://www.acquisition.gov/
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).
Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been…
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