CSS20170517.pdf

RFP FA5000-17-R-0005

Combined Synopsis/Solicitation For

Air Compressor Maintenance

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

2. The solicitation FA5000-17-R-0005 is being issued as a Request for Proposal (RFP) under the procedures of FAR 13.5. This notice and the incorporated provisions and clauses of the attached RFP are those in effect through the Federal Acquisition Regulations (FAR). All responsible sources may submit a proposal.

3. This will be a competitive full and open under North American Industry Classification System (NAICS) code is 811310 – Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance. Offerors must be registered in the System for Award Management at http://www.sam.gov, in order to be considered for award.

4. This solicitation document and its incorporated FAR provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 effective 19 January 2017. All incorporated DFARS provisions and clauses are those in effect through DPN 20161222, effective 22 December 2016. All incorporated AFFARS provisions and clauses are those in effect through AFAC 2017-0127, effective 27 January 2017.

5. The Government contemplates an award of a Firm Fixed Priced contract with a period of performance for one (1) base year and four (4) 1-year options resulting from this solicitation.

6. Contract line item numbers, items, quantities, and units of measure may be found in Attachment 2, Price Schedule. Offerors shall complete and return Attachment 2 as described in para. viii, below.

7. The Government anticipates a single award contract resulting from this RFP to the responsible offeror whose offer represents the best value in terms of technical acceptability and price.

8. Description: The proposed contract will provide preventative maintenance services as well as accomplishing service call repairs (routine and emergency) for air compressors and associated air dryers covered under this PWS. The contractor shall have experience in the maintenance, inspection, and repair of air compressors and associated air dryers.

9. Site Visit Information: See Addenda to FAR 52.212-1 (D)(5).

10. Offers Due: See Addenda FAR 52.212-1 Table 1

11. FAR 52.212-1 Instructions to Offerors - Commercial Items (Jan 2017) is incorporated by reference. Changes have been incorporated via the following addendum.

Addenda to FAR 52.212-1 Instructions to Offerors - Commercial Items (October 2015)

(a) Paragraphs 52.212-1(b), “Submission of offers,” and 52.212-1(f), “Late submissions, modifications, revisions, and withdrawals of offers,” are deleted in their entirety and replaced with 52.215-1(c), “Submission, modification, revision, and withdrawal of proposals,” by reference.

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

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

“(m) Proposal Preparation Instructions.

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors 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 or subfactors. Offerors 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 Proposal, Part III - Past Performance Proposal.

B. Specific Instructions:

1. PART I – SUMMARY AND MISCELLANEOUS DATA. Limited to no more than ten (10) pages. Submit one (1) electronic.

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

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

(i) Discount terms proposed, 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) Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov. Return the provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, along with the proposal. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in.

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

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

2. PART II – PRICE PROPOSAL - Submit one (1) electronic.

(a) This Part shall contain a completed 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 a spreadsheet program, such as Microsoft EXCEL. The unit prices and extended amounts are limited to two decimal places.

c) Use the EXCEL worksheet (Attachment 2) Price Schedule to provide the pricing information that matches the SF 1449 Schedule of Supplies/Services for each Contract Line Item number (CLIN) 0001-0006 and for each option year (1001-1006, 2001-2006, 3001-3007 and 4001-4006). In addition, Attachment 2, Price Schedule requires pricing to add/delete individual air compressors for the base and all options years. Attachment 2, Price Schedule will be incorporated into the contract and utilized for any additions/deletions during the period of performance.

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

3. PART III – PAST PERFORMANCE PROPOSAL - Limited to five (5) contracts with no more than 5 pages per contract listed. Only references for past efforts/contracts of relevance are desired. Submit one (1) Electronic copy.

(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 http://www.sam.gov/ performance and any current performance problems, such as cost overruns, extended performance periods, numerous warranty calls, etc. (See 52.212-2(d)(2))

(b) Performance Surveys/Questionnaires: Past Performance Questionnaires (PPQs) shall be used by the offeror in obtaining and providing past performance information. The government requires the offeror send out a PPQ to each of the Points-of-Contact (POCs) identified in the Past Performance Proposal (paragraph (c) below).

The offeror shall send out the PPQ (Attachment 6), using the Past Performance Evaluation Cover Letter and Questions, to each of their references.

THE RESPONSIBILITY TO SEND OUT THE PAST PERFORMANCE QUESTIONNAIRE

RESTS SOLELY WITH THE OFFEROR.

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 OFFEROR.

PPQs shall be sent directly from your reference to this office marked to the attention of Donald Dougherty and Anna Maria Smith, or e-mail to donald.dougherty.1@us.af.mil, and 673CONS.LGCB.Acquisition@us.af.mil, or mailed to the following address:

673d Contracting Squadron Attn: Donald Dougherty 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 in the last five (5) years. (See addendum to 52.212-2, paragraph (d)(2))

Furnish the following information for each contract listed:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value (air compressor maintenance only)

(vi) Period of Performance

(vii) Verified, up-to-date name, mailing and e-mail addresses, and telephone number of the contracting officer (Point-of-Contact)

(viii) Comments regarding compliance with contract terms and conditions

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

mailto:673CONS.LGCB.Acquisition@us.af.mil

Include rationale supporting your assertion of relevance and identify aspects (scope, magnitude of effort, and complexity) of the contracts deemed relevant and how they relate to the proposed effort.

If an offeror has no past performance history of relevance, the offeror must state affirmatively it possesses no past performance history of relevance.

(d) The evaluation of past performance information will take into account past performance regarding (i) predecessor companies, (ii) will take into account past performance of key personnel who have relevant experience, and/or (iii) will take into account past performance regarding subcontractors that will perform major aspects identified in PWS Section 1.7 of the requirement when such information is relevant to this acquisition.

(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. The government will evaluate not more than five (5) past performances for each party of a first time joint effort.

(f) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from each subcontractor that will perform major aspects identified in PWS Section 1.7 of the requirement, consenting to the release of its past performance information to the prime contractor.

C. Documents submitted in response to this RFP 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 proposal exceeds the specified page limit cited in the Part Content, the excessive pages will not be evaluated.

4. Format for proposal Parts I, II, and III shall be as follows:

*Note – The following information is to be understood if the Contracting Office were to print the proposals*

(a) Each written Part of the proposal 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) A page is defined as one face of a sheet of paper containing information.

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

(d) Written entries shall not be less than 12 font size; a minimum of 10 point font will be accepted for charts and graphs.

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

(f) One electronic copy of each Part of the entire offer must be submitted. The electronic version of the proposal shall be submitted in a format readable by Microsoft Office 2010 which includes software programs such as WORD, EXCEL, or PowerPoint. For those pages of the proposal that cannot be submitted using Microsoft Office, such as the Standard Form 1449, offerors shall include those pages electronically using Adobe Acrobat portable document files (.pdf) format. The Price Part shall be submitted in EXCEL spreadsheet format and MS WORD for price narrative. The Proposals will only be accepted via the AMRDEC upload. The AMRDEC website is accessed at https://safe.amrdec.army.mil/safe/. USB flash drives, floppy disks, and zip disks are not acceptable.

NOTE: GCI internet address are blocked at the JBER server. Vendors submitting questions, past performance questionnaires, or proposals should utilize the AMRDEC website listed above.

(g) 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.

(h) Price data of any kind shall be presented only in the Price Proposal Part.

The following table summarizes the proposal submission:

Table 1:

PART TITLE ELECTRONIC

COPY

PAGE

LIMIT DUE DATE

I

Summary and Misc Data (File Name: Part I)

Via AMEDEC 10 pages 16 Jun 17:

10:00 PM

(Local /AST)

II

Price (File Name: Part II)

Via AMEDEC No page limit

16 Jun 17, 10:00 PM

(Local /AST)

III

Past Performance (File Name: Part III)

Via AMEDEC 25 pages 16 Jun 17,:

10:00 PM

(Local /AST) https://safe.amrdec.army.mil/safe/

D. General Information:

1. Proposals will only be accepted via the AMRDEC upload. The AMRDEC website is accessed at https://safe.amrdec.army.mil/safe/. When submitting Offerors should use the non- CAC user instructions. Include the following in requested blocks; “Description of Files” [Air Compressor-company name and Proposal Part] and enter: donald.dougherty.1@us.af.mil and anna_maria.smith@us.af.mil as “Recipients”. You will receive a “Verification is Required” email from AMRDEC with instructions which include a link and a password. Once upload has occurred, you will receive a confirmation on the website and a “Package Status”. The Recipients will receive a similar email stating “download is available” and will send an acknowledgement email back to the originator. The Date/Time stamp on the Recipients “download available” email will be the Official Time of receipt of the proposal to the following address:

2. Questions/requests for clarification shall be submitted in writing via email to all the following personnel:

Donald Dougherty: donald.dougherty.1@us.af.mil Anna Maria Smith: anna_maria.smith@us.af.mil

3 Responses to questions and request for clarifications will be posted no later than seven calendar days before the due date listed in Addenda 52,212-1, Table 1. No additional questions will be received after that time.

4. Late proposals will be processed in accordance with FAR 52.215-1(c)(3),“Submission, modification, revision, and withdrawal of proposals.”

5. A pre-proposal conference/site visit will be held at Joint Base Elmendorf -Richardson (JBER) on 31 May 2017 with a potential second day on 1 Jun to start promptly at 9:00 AM Alaska Daylight Standard Time (ADST) in Room 350, 3rd floor conference area of the Contracting building, 10480 Sijan Ave. on JBER. The purpose of the conference is to familiarize all offerors with the terms and conditions of the solicitation and to discuss all aspects of the contract specifications and the performance standards contained therein. The pre-proposal conference will be followed by a site visit to include a short tour of the following representative facilities:

The conference and site visit should be concluded by 1600 PM. All costs associated with attending the pre-proposal conference/site visit shall be borne by the offeror. ALL PROSPECTIVE OFFERORS ARE URGED TO ATTEND THIS CONFERENCE. If a contractor is not at the designated start location above by 9:00 AM, there will not be a future site visit.

All contractors, including those that have access to Joint Base Elmendorf-Richardson (JBER), wishing to participate in the site visit shall provide the following information of individuals attending. No more than one individual per contractor:

**SAMPLE**

Company

Member 1: Name, Phone, Email, Driver’s license number with State, and Date of Birth or Copy of Driver License

Provide the information to 673 CONS NLT 1:00 PM ADST 23 May 2017. Please provide the information, via email, to the following address: donald.dougherty.1@us.af.mil

Please go through the Boniface gate to obtain a visitor pass, if needed. Please allow for some delay while obtaining the pass. The following information will be required when getting your pass: 1) License 2) Registration, 3) Proof of insurance.

A Government vehicle will be provided for transportation on the site visit.

Questions/requests for clarifications shall be submitted in writing via email to donald.dougherty.1@us.af.mil. Responses to questions and requests for clarifications will be posted no later than 3:00 PM ADST on 9 Jun 2017. No additional questions will be received after 9 Jun 2015

(End of Addenda)

CLAUSES INCORPORATED BY FULL TEXT

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

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

(1) Price

(2) Past Performance

Past Performance approximately equal to price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Addendum to FAR 52.212, 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, 13, and 15, Department of Defense (DoD) FAR Supplement Procedures, Guidance and Information Subpart 215.3, and Air Force FAR Supplement (AFFARS) Mandatory Procedure (MP) 5315.3. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors – Commercial Items, the offeror accedes to the terms of this model contract. Failure to meet a requirement may result in an offer being determined unacceptable. Award will be made to the lowest Total Evaluated Price (TEP) offer that meets the acceptability standards for non-price factors. The Government will first evaluate the price factor of all offers. The Government will proceed with evaluating non-price factors starting with the lowest priced offeror. If the lowest price offeror meets all the standards listed and obtains an acceptable rating, the Government will not continue evaluation of the additional offerors and proceed with contract award. The evaluation process will include the following:

(1) Past Performance Factor. The government will evaluate recent and relevant performance information based on (i) the references provided by the offeror, and (ii) any past performance information obtained from survey/questionnaires (Attachment 6), and (iii) any data independently obtained by the government. If a reference identified by the offeror 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.

Past performance regarding predecessor companies of the offeror and/or subcontractors, key personnel, and subcontractors that will perform major aspects identified in PWS Section 1 of the requirement, if applicable (see 52.212-1(m)B.3(d)), will be rated as highly as past performance information for the principal offeror.

(A) Recent past performance information includes contracts performed and/or being performed for any customer within the last five (5) years prior to 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 air compressor maintenance on 60 or more air compressors (cumulative) and their associated file://Periwinkle/SAF_AQC_ORG/AQCP/5640%20-%20AFFARS/AFAC%20Working%20Folders%20--%20PM/far/FAR31.doc#b522121 periphials. The government will assess relevancy for each contract and assign a rating as described in Table 1 below:

Table 1. 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 (Solicitation Attachment 6 Past Performance Cover Letter/Questionnaire) and (ii) the evaluation ratings in the Federal Past Performance Information Retrieval System (PPIRS), if available.

Each recent and relevant past performance information reviewed will be assigned a rating as described in Table 2 below:

Table 2. 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.

The past performance evaluation is an assessment of the offeror’s probability of meeting the solicitation requirements. Offerors must receive a past performance rating of “Acceptable” to be eligible for award. For offerors 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 3 below:

Table 3, Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating cannot be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have an unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral shall be considered “acceptable.”

(2) Price Evaluation Factor. The government will rank all offers by TEP. The price evaluation will document the fairness and reasonableness of the TEP. In addition, each offeror’s separately priced line items or subline items shall be analyzed to determine if the prices are unbalanced in accordance with FAR 15.404-1(g). The government reserves the right to perform price realism analysis.

Total Evaluated Price: A TEP will be computed for each offer 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 offeror’s total proposed price will be determined by multiplying the quantities identified in the Pricing Schedule (Attachment 2) 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; the sum of all extended amounts will be the offeror’s total proposed price. Second, the total proposed price (total amount for CLINs X001 – X006) plus the sum of Option to Extend Services clause 52.217-8 formula (shown below) will constitute the TEP. Although contractor are not to propose on CLIN X005&6, they will be considered in part of the TEP.

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

Base Year = CLIN Unit Amount x *0.5 Option Year 1 = CLIN Unit Amount x *0.5 Option Year 2 = CLIN Unit Amount x *0.5 Option Year 3 = CLIN Unit Amount x *0.5 Option Year 4 = CLIN Unit Amount x *0.5

Note: *0.5 is the multiplicative factor to derive the six months performance value.

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

(3) Offerors are cautioned to submit sufficient information and in the format specified in 52.212-1, Instructions to Offerors – Commercial Items, of this solicitation. Offerors may be asked to clarify certain aspects of their proposals. 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 offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

(3) Award will be made to the lowest priced offer, based on TEP, with acceptability standards for non-price factors, (End of Addenda)

Attachment 1 Provisions & Clauses

Provisions & Clauses by Reference:

52.203-3 Gratuities APR 1984 52.204-16 Commercial and Government Entity Code

Reporting

JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance

JUL 2016

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-3 Offeror Representations and Certifications --

Commercial Items

JAN 2017

52-212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.223-18 Encouraging Contractor Policies To Ban Text

Messaging While Driving

AUG 2011

52.232-18 Availability Of Funds APR 1984 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-3 Continuity Of Services JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former

DoD Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7008 Compliance With Safeguarding Covered Defense

Information Controls

OCT 2016

252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012 Safeguarding Covered Defense Information and

Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.222-7007 Representation Regarding Combating Trafficking in Persons

JAN 2015

252.225-7001 Buy American And Balance Of Payments Program-

- Basic (Dec 2016)

DEC 2016

252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.226-7001 Utilization of Indian Organizations and Indian-

Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by

Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

Provisions & Clauses by Full Test:

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 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 (Oct 2015) (41 U.S.C.

3509).

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 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]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

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

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

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

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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 (July 2013) (15 U.S.C. 632(a)(2)).

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

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

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

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

13126).

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

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016).

(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

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

____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

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

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

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

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

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

____ (ii) Alternate I (OCT 2015) of 52.223-13.

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

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

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

8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

____ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).

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

____ (ii) Alternate I (JAN 2017) of 52.224-3.

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

____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43.

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

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

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

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

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

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

____ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

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

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

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

____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(12)).

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

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

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

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

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

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

chapter 67).

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

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

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

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

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

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

(xx) 52.222-62 Paid Sick Leave Under Executive…