Combo_Synopsis_Solicitation.pdf

Page 1 of 67 FA5000‐16‐T‐0069

Combined Synopsis/Solicitation Boiler Maintenance

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR

Subpart 12.6 and Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; submissions are being requested and a written solicitation will not be issued.

ii. Solicitation no. FA5000-16-T-0069 is issued as a request for quotation (RFQ).

iii. This solicitation document and its incorporated FAR provisions and clauses are those in effect through Federal

Acquisition Circular 2005-87 6 April 2016. All incorporated DFARS provisions and clauses are those in effect through DPN 20160325, effective 25 Mar 2016. All incorporated AFFARS provisions and clauses are those in effect through AFAC 2015-1001, effective 1 Oct 2015.

iv. This total small business set-aside falls under the North America Industrial Classification System (NAICS) code

811310, Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance, with a small business size standard of $7.5M in annual receipts.

v. Contract line item numbers, items, quantities, and units of measure may be found in Attach219-4ment 2, Price

Schedule. Quoters shall complete and return Attachment 2 as described in para. viii, below.

vi. The Government anticipates a single award firm fixed price contract for boiler maintenance on Joint Base

Elmendorf-Richardson (JBER) encompassing preventative, scheduled, and emergency maintenance of 283 boilers and associated systems. Please see Attachment 2, Price Schedule and Attachment 3, Performance Work Statement for detailed specifications of the Government’s requirement.

vii. All services shall be performed on Joint Base Elmendorf-Richardson (JBER), AK 99506 as specified in

Attachment 3, Performance Work Statement.

viii. FAR 52.212-1, Instructions to Offerors—Commercial Items (Oct 2015) is incorporated by reference. Changes have been incorporated via the following addendum.

Addenda to FAR 52.212-1, Instructions to Offerors—Commercial Items (Oct 2015)

(a) Paragraph 52.212-1(c), “Period for Acceptance of Offers,” is tailored as follows: “The Quoters agree to hold the prices in its quotes firm for 90 calendar days from the date specified for receipt of quotes.”

(b) The following is inserted as new paragraph (m) of the provision:

“(m) Quotation Preparation Instructions.

A. To assure timely and equitable evaluation of quotations, quoters must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts:

Part I - Summary and Miscellaneous Data, Part II - Price Quotation, and Part III - Past Performance Quotation.

B. Specific Instructions:

1. PART I – SUMMARY AND MISCELLANEOUS DATA. Submit original only

(a) The quoters shall provide a concise summary and master table of contents of the entire quotation.

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(b) The quoters shall provide information equivalent to that provided in Standard Form (SF) 1449 blocks 12, 17a, 30a, 30b, and 30c as follows:

(i) Discount terms quoted, if any (equivalent to SF 1449 block 12).

(ii) Contractor business name, address, cage code, and telephone no. (equivalent to SF 1449 block 17a).

(iii) A signed statement acceding to the contract terms and conditions as written in the solicitation (equivalent to SF 1449 block 30a).

(iv) Name and title of signatory official in para. (iii), above (equivalent to SF 1449 block 30b).

(v) Date of signature of the statement in para. (iii), above (equivalent to SF 1449 block 30c).

(c) For provisions and clauses in the solicitation other than the provision FAR 52.212-3, Offeror

Representations and Certification—Commercial Items, the quoter is required to submit the pages that require an quoter fill-in.

(d) IAW FAR 52.219-14, the Contractor shall submit the names of contractors and amount of performance to be performed by each subcontractor.

(e) Submit an acknowledgment of all solicitation amendments, if issued.

(f) If applicable, provide a copy of the letter from the Small Business Administration (SBA) showing proof of Section 8(a) status.

(g) If none proposed, submit an Affirmation of no Exceptions, Deviations, or Waivers.

2. PART II – PRICE QUOTATION. Submit original only

(a) This Part shall contain a completed copy of Attachment 2, Price Schedule.

(b) Insert proposed unit price(s) and extended amount(s) in the Schedule of Supplies/Services for each Contract Line Item Number (CLIN), including all option periods. The extended amount must equal the unit price multiplied by the number of units. It is imperative that mathematical calculations are correct; particular care should be taken to ensure the amounts match when using the EXCEL program and the rounding of figures, limited to two decimal places.

(c) Extreme care should be exercised to ensure that no price data of any kind are included in any other Part of the quotation.

(d) No quote will be considered complete without the consolidated labor rate information required by Attachment 2, Price Schedule, in connection with the clause at DFARS 252.217-7028, Over and Above Work.

3. PART III – PAST PERFORMANCE QUOTATION. Limited to no more than ten (10) pages.

Only references for past efforts/contracts of relevance are desired. Submit original only.

(a) Quality and Satisfaction Rating of Contracts: Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) that demonstrates customer satisfaction with overall job performance and/or quality of completed and/or ongoing contracts.

In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems, such as cost overruns, extended performance periods, numerous warranty calls, etc.

(b) Performance Surveys/Questionnaires: Past Performance Questionnaires (PPQs) shall be used by the quoter in obtaining and providing past performance information. The government

Page 3 of 67 FA5000‐16‐T‐0069 requires the quoter send out a PPQ to each of the Points-of-Contact (POCs) identified in the Past Performance Quotation (paragraph (c) below).

The quoter shall send out the PPQ, using the Past Performance Evaluation Cover Letter, to each of their references. Both of these documents can be found in Attachment 7, Past Performance Cover Letter/Questionnaire

THE RESPONSIBILITY TO SEND OUT THE PAST PERFORMANCE QUESTIONNAIRE

RESTS SOLELY WITH THE QUOTER.

Once the questionnaires are completed by the POCs, the information contained therein will be considered source selection sensitive and will not be released outside the government. The POCs shall forward their completed questionnaires directly to the government—NOT BACK

TO THE QUOTER.

PPQs shall be sent directly from your reference to this office marked to the attention of Mr.

Nicholas Tapp or via email to nicholas.tapp@us.af.mil and michael.williams.81@us.af.mil or mailed to the following address:

673d Contracting Squadron Attn: Nicholas Tapp 10480 Sijan Ave

JBER, AK 99506

(c) Past Performance Information: Provide a list of no more than five (5) of the most relevant contracts performed for any customer.

Furnish the following information for each contract listed:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/POC (include current telephone numbers/email addresses for contracting officer)

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

(vii) Comments regarding compliance with contract terms and conditions

(viii) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

Furnish the following information regarding the extent of boiler maintenance

(ix) A listing of any combination of contracts that explicitly identifies the simultaneous performance of boiler maintenance on 60 or more boilers (cumulative) in accordance with addenda 52.212-2 (d)(1)(A).

(x) A listing of contracts that explicitly identifies the performance of maintenance and service of high efficiency condensing and cast iron pipe section boilers in accordance with addenda 52.212-2 (d)(1)(A).

(xi) A listing of Contracting Agency/POCs (include current telephone numbers/email addresses for contracting officer) for any contracts referenced in the preceding paragraphs (ix and x).

Include rationale supporting your assertion of relevance and identify aspects of the contracts deemed relevant and how they relate to the proposed effort. If a quoter has no past performance history of relevance, the quoter must affirmatively state it possesses no past performance history of relevance.

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(d) The evaluation of past performance information will not take into account past performance regarding (i) predecessor companies, (ii) will not take into account past performance of key personnel who have relevant experience, and (iii) will not take into account past performance regarding subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. If subcontractors are going to be utilized, the prime contractor shall provide the percentage of work and type of work to be performed by each subcontractor.

(e) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past contracts of relevance.

C. Documents submitted in response to this RFQ must be consistent with the following:

1. Requirements of the solicitation (CLINs and PWS) and government standards and regulations pertaining to the PWS.

2. FAR 52.212-2, Evaluation—Commercial Items, of this solicitation.

3. If a Part in a quotation exceeds the specified page limit cited in the Part Content, the excessive pages will not be evaluated.

4. Format for quotation Parts I and III shall be as follows:

(a) Each written Part of the quotation shall be separately bound and labeled in standard three ring loose-leaf binders and clearly identified on the front and side. Each Part shall contain a Table of Contents, Cross References, and the List of Tables and Drawings (if applicable). Cover pages, Table of Contents, and Tabs will not be counted against the page limits. However, pages depicting tables, charts, graphs and figures will count toward the page limit. The number of copies of each part is specified in paragraph B, Specific Instructions, above.

(b) The quotations will be on 8 ½ in. by 11 in. paper.

(c) A page is defined as one face of a sheet of paper containing information. Two pages may be printed on one sheet of paper.

(d) All printing shall be single-spaced. Spacing characteristics are applicable to charts and graphs.

(e) Type shall not be less than 10 point. Font/type size is applicable to charts and graphs.

(f) Page margins shall be a minimum of 1 inch top, bottom, and each side.

(g) In addition to the paper copy specified for each Part, one electronic copy of each Part of the entire quote must be submitted. The electronic version of the quotation shall be submitted in a format readable by Microsoft Office 2007 which includes software programs such as WORD, EXCEL, or PowerPoint. For those pages of the quotation that cannot be submitted using Microsoft Office, quoters shall include those pages electronically using Adobe Acrobat portable document files (.pdf) format. The electronic version shall be submitted on a compact disc (CD) or, alternatively, emailed (see para. (h), below). USB flash drives, floppy disks, and zip disks are not acceptable.

Indicate on each CD the Part number and title. The paper copies and electronic versions shall be identical in all respects. In the event there are any discrepancies between the paper copies and electronic copies, the paper copies take precedence and will be used for evaluation. Ensure the electronic documents stored on the CD can be opened. Use separate files and folders to permit rapid location of all portions, including exhibits and attachments, if any. Replacement CDs will be required to update the final quotation resulting from any discussions and updates, if applicable.

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(h) Quoters may alternatively submit electronic copies of quotations via e-mail. Files are not to exceed 10 MB. By submitting an electronic copy, quoters assume all risk of quotations not getting through security measures and firewalls. Only files created using Microsoft WORD, Microsoft EXCEL, and/or Adobe .pdf files will be accepted. No zip files will be accepted. If submitting quotations electronically, email the file(s) by the solicitation closing date and time to the following email addresses: nicholas.tapp@us.af.mil and michael.williams.81@us.af.mil.

(i) Each Part shall be complete in itself and shall not reference information contained in other Parts.

Page 1 of a Part is defined as the first page after the Table of Contents. All pages shall be numbered.

(j) Price data of any kind shall be presented only in the Price Quotation Part.

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

The following table summarizes the quotation submission:

D. General Information:

1. Information regarding submission of quotations: Hand carried or mailed quotations must be delivered to the following address:

673d Contracting Squadron Attn: Nicholas Tapp 10480 Sijan Ave, Suite 363 JBER, Alaska 99506

2. The sealed envelope or package used to submit your quotation must show the time and date specified for receipt, the solicitation number, and the name and address of the quoter.

3. Quoters are cautioned that Joint Base Elmendorf-Richardson has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE EXPECTED WHEN HAND-CARRYING QUOTATIONS. Quoters should allow sufficient time to obtain a visitor pass and arrive prior to the time specified for receipt.

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

New Year’s Day 1 January Birthday of Martin Luther King Third Monday in January Washington’s Birthday 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

PART TITLE

ELECTRONIC

COPY

PAPER

COPY

PAGE LIMIT

I

Summary and Misc.

Data (File Name: Part I) CD/Email 1 ea. N/A

II

Price (File Name: Part II) CD/Email 1 ea. N/A

III

Past Performance (File Name: Part III) CD/Email 1 ea. 10 pgs.

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ix. 52.212-2 Evaluation--Commercial Items (Oct 2014)

(a) The government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the government, price and other factors considered. The following factors will be used to evaluate quotes:

(1) Past Performance

(2) Price

(b) Options. The government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options will not obligate the government to exercise the options.

(c) A written notice of award will be mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote. A responsible official for the quoter shall sign and return one copy of the award to the Contracting Officer for CO signature. A fully signed contract will result in a binding contract. The government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt.

Addendum to FAR 52.212-2, Evaluation - Commercial Items

The following is inserted as new paragraph (d) of the provision:

“(d) BASIS FOR CONTRACT AWARD: This is a competitive Lowest Price with Acceptable Past Performance (LPAPP) source selection conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13.5. By submission of its quote in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors –Commercial Items, the quoter accedes to the terms of this model contract. Failure to meet a requirement may result in a quote being determined unacceptable. Award will be made to the lowest Total Evaluated Price (TEP) quote that meets the acceptability standards for non-price factors. The evaluation process will include the following:

(1) Past Performance Factor. The government will evaluate recent and relevant performance information on all quoters based on (i) the references provided by the quoter, and (ii) any past performance information obtained from survey/questionnaires (Attachment 7, Past Performance Cover Letter/Questionnaire), and (iii) any data independently obtained by the government. If a reference identified by the quoter in accordance with 52.212-1(m)(B)(3)(c) does not submit a survey/questionnaire, the government will follow up with the reference POC, but it is not responsible for the failure of a reference POC to provide a survey/questionnaire.

(A) Recent past performance information includes contracts performed and/or being performed for any customer within the last three (3) years from the issuance date of the solicitation.

(B) Relevant contract performance efforts include similar scope, magnitude of effort, and complexities to that required by this solicitation. To be relevant submitted past performances shall have a combination of contracts that identifies the simultaneous performance of boiler maintenance on 60 or more boilers (cumulative), steam and high efficiency condensing boiler experience, and maintenance or repair experience of cast iron pipe sections. The government will assess relevancy and assign a rating as described in Table 2 below:

Table 2. Past Performance Relevancy Ratings Rating Rating Definition

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexity that this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

(C) Performance Quality Assessment: For each of the recent and relevant past performance information reviewed, the performance quality of work will be assessed based on the (i) Quality Assessment Criteria evaluated under Present/Past Performance Survey/Questionnaire (Attachment 7, Past Performance Cover Letter/Questionnaire) and (ii) the evaluation ratings in the Federal Past Performance Information Retrieval System (PPIRS), or other government databases, if available. Each recent and relevant past performance information reviewed will be assigned a rating as described in Table 3 below:

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Table 3. Quality Assessment Ratings

Rating Rating Definition

Satisfactory (S) During the contract period, contractor performance is meeting (or met) contract requirements. For any problems encountered, contractor took effective corrective action.

Unsatisfactory (U)

During the contract period, contractor performance is not meeting (or did not meet) contract requirements. For any problems encountered, corrective action appeared only marginally effective, not effective, or not fully implemented. Customer involvement was required.

(D) The past performance evaluation is an assessment of the quoter’s probability of meeting the solicitation requirements. Quoters must receive a past performance rating of “Acceptable” to be eligible for award. For quoters in a teaming arrangement where two or more companies form a partnership or joint venture (JV), the following will apply: (i) for a JV at least one partner must be rated “Acceptable;” and (ii) for prime-subcontractor(s) partnerships, the prime must be rated “Acceptable” in order for the partnership to be rated “Acceptable” as a whole.

As a result of the recency, relevancy, and performance quality assessments, offerors will receive an integrated past performance rating as described in Table 4 below:

Table 4, Past Performance Evaluation Ratings Rating Description

Acceptable Based on the quoter’s recent/relevant performance record, the government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter’s performance record is “unknown.”

Unacceptable Based on the quoter’s recent/relevant performance record, the government has no reasonable expectation that the quoter will be able to successfully perform the required effort.

Note: In the case of an quoter without a record of recent/relevant past performance or for whom past performance is not available, or so sparse that a meaningful past performance rating cannot be reasonably assigned, the quoter cannot be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the quoter will be determined to have an unknown past performance. In the context of acceptability/unacceptability, “unknown” will be considered “Acceptable.”

(2) Price Evaluation Factor. The government will rank all quotes by TEP including all option prices. The price evaluation will document the fairness and reasonableness of the TEP. The government reserves the right to perform price realism analysis.

Total Evaluated Price: A TEP will be computed for each quote in order to meet the requirements of FAR Parts 6 and

17. The price of a six-month extension authorized by 52.217-8, Option to Extend Services, will be added to the proposed price for each potential contract performance period.

The TEP is a two-part computation. First, the quoter’s total proposed price will be determined by multiplying the quantities identified in the Attachment 2, Price Schedule by the unit price, limited to two decimal places, for each Contract Line Item Number (CLIN) to confirm the extended total amount for each CLIN. Second, the sum of all extended amounts will be the quoter’s total proposed price.

The formula for the Option to Extend Services amount is as follows:

Base Year = CLIN Unit Amount x 6* Option Year 1 = CLIN Unit Amount x 6* Option Year 2 = CLIN Unit Amount x 6* Option Year 3 = CLIN Unit Amount x 6*

*Example: Multiply monthly unit price amount by six (6).

Evaluating the Option CLINs does not obligate the government to exercise the Options.

(4) Quoters are cautioned to submit sufficient information and in the format specified in 52.212-1, Instructions to Offerors – Commercial Items, of this solicitation. Quoters may be asked to clarify certain aspects of their quotes.

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Exchanges 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. The government intends to award a contract without discussions with respective quotes. The government, however, reserves the right to conduct discussions if deemed in its best interest.

(5) Award will be made to the lowest priced quote, based on TEP that meets the acceptability standards for non-price factors.”

x. All quoters shall include a completed copy of the provision at FAR 52.212-3 Alternate I, Offeror Representations and Certifications—Commercial Items (Oct 2015) or ensure the equivalent representations and certifications are updated on the website at https://www.sam.gov/. The quoter’s System for Award Management (SAM) record must be active through the submission expiry date provided by the in Attachment 2, Price Schedule.

xi. The clause at FAR 52.212-4, Contract Terms and Conditions—Commercial Items (May 2015) is hereby incorporated by reference with the same force and effect as if it were given in full text.

xii. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items (Oct 2015) is hereby incorporated by reference with the same force and effect as if it were given in full text. Additional provisions and clauses applying to this acquisition can be found in Attachment 1, Provisions & Clauses.

xiii. No additional contract requirements apply to this acquisition.

xiv. No Defense Priorities and Allocations System (DPAS) assigned rating applies to this acquisition.

xv. The site visit and quotation due dates are scheduled as follows:

(a) A site visit will be held on Monday, May 23rd, 2016 at 10:00 A.M. AKST with the option to continue on Tuesday, May 24th. It will start in the 673d Contracting Squadron conference room, Rm. 350, at 10480 Sijan Ave., JBER AK 99506. Quoters are encouraged to inspect the site in order to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance to the extent that that information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Quoters wishing to participate in the site visit shall provide all information specified in Attachment 4, Base Access Procedures, prior to 10:00 A.M. AKST on Thursday, May 19th, 2016.

(b) Past performance questionnaires shall be submitted to the Contracting Office via email (see Attachment 6) prior to 10:00 A.M. on Wednesday, May 25th 2016.

(c) Quotations and all complete past performance information shall be submitted via email to Mr. Nicholas D.

Tapp (nicholas.tapp@us.af.mil) and MSgt Michael Williams (michael.williams.81@us.af.mil) at 673 CONS/LGCB no later than 10:00 A.M. AKST on Wednesday, June 10th, 2016.

xvi. Please direct any inquiries regarding this solicitation to Mr. Nicholas D. Tapp (nicholas.tapp@us.af.mil) and

MSgt Michael Williams (michael.williams.81@us.af.mil) prior to 10:00 A.M. AKST on Friday, June 6th, 2016.

Should inquiries be received, an amendment will be issued providing the Government’s response.

List of Attachments:

Attachment 1: Provisions & Clauses Attachment 2: Price Schedule Attachment 3: Performance Work Statement Attachment 4: Base Access Procedures Attachment 5: SCA Wage Determination Attachment 6: Past Performance Cover Letter/Questionnaire

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Attachment 1 Provisions & Clauses

Provisions & Clauses by Reference:

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2015)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015)

FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

FAR 52.222-6 Construction Wage Rate Requirements (May 2014)

FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

FAR 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.237-3 Continuity of Services (Jan 1991)

DFARS 252.201-7000 Contracting Officer’s Representative (Dec 1991)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)

DFARS 252.204-7011 Alternative Line Item Structure (Sep 2011)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Sep

2015)

DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors (Feb 2014)

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (Dec 1991)

DFARS 252.222-7007 Representation Regarding Combatting Trafficking in Persons (Jan 2015)

DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013)

DFARS 252.225-7012 Preference for Certain Domestic Commodities (Feb 2013)

DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a

State Sponsor of Terrorism (Dec 2014)

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns (Sep 2004)

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DFARS 252.227-7015 Technical Data—Commercial Items (Feb 2014)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013)

DFARS 252.243-7002 Requests for Equitable Adjustment (Dec 2012)

DFARS 252.244-7000 Subcontracts for Commercial Items

DFARS 252.247-7022 Representation of Extent of Transportation by Sea (Aug 1992)

DFARS 252.247-7023 Transportation of Supplies by Sea (Apr 2014)

DFARS 252.247-7024 Notification of Transportation of Supplies by Sea (Mar 2000)

Provisions & Clauses in Full Text:

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

(Mar 2016)

(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 (Nov 2015)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

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

[Contracting Officer check as appropriate.]

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 2015) (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).

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___ (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 (Oct 2015) (31 U.S.C. 6101 note).

X (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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 2015) 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 (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).

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)).

Page 12 of 67 FA5000‐16‐T‐0069

___ (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 (Feb 2016) (E.O. 13126).

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

X (28) 52.222-26, Equal Opportunity (Apr 2015) (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) (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.)

___ (36) (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.

___ (37) (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.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (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 (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (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

Page 13 of 67 FA5000‐16‐T‐0069 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.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 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).

___ (45) 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).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C.

3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013)

(31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (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)

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

___ (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).

___ (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).

Page 14 of 67 FA5000‐16‐T‐0069

___ (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).

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

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 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) 52.219-8, 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 $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.

(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.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

(ix) 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.

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

(xi) ____ (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).

(xii) 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.)

(xiii) 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)

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

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

(xvi) 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).

(xvii) 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.

(xviii) 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.

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 30 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 at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

Page 16 of 67 FA5000‐16‐T‐0069

(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 54 months.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage—Fringe Benefits Heating, Ventilation, and Air Conditioning Mechanic:

GS-11 Step 1 (Locality: State of Alaska) $64,847.00

FAR 52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Nicholas D. Tapp 10480 Sijan Ave Ste 363

JBER AK 99506

Tel: 907-552-5870 nicholas.tapp@us.af.mil

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ https://www.acquisition.gov/

FAR 52.252-6 Authorized Deviations in Clauses (Apr 1984)

Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(Deviation)” after the date of the clause.

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (May 2013)

(a) Definitions. As used in this clause—

Page 17 of 67 FA5000‐16‐T‐0069

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(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).

“Combo”

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.

“Not applicable”

(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.

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F67100 Issue By DoDAAC FA5000 Admin DoDAAC FA5000 Inspect By DoDAAC F1W3EB Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) F1W3EB

(4) Payment request and supporting documentation.