FA520519QMG15_Amendment_2.pdf

35th Contracting Squadron USAF Misawa Air Base, Japan

FA520519QMG15

Hospital Administration Services

AMENDMENT 1: The purpose of this amendment is to add DFARS 252.225-7976 Contractor Personnel Performing in Japan. (DEVIATION 2018- O0019). Changes are yellow-highlighted. The page numbering was fixed. All other terms and conditions remain the same.

AMENDMENT 2: The requirement of the provision 52.223-3 was removed.

REQUEST FOR QUOTE:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is FA520519QMG15; this solicitation is a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through FAC 2019-05, DPN 20190820, and AFAC 2018- 0525. This acquisition will be full and open competition.

Offerors may use another format for submission of a response to this RFQ. All responses must contain the minimum information required as listed below.

Please provide the following information:

Company Name:

CAGE Code: DUNS No.: Quote Expiration:

Prompt payment discount terms: Delivery Time:

Name of Offeror:

Offeror Email: Offeror Phone:

Signature: Date:

Requested Supplies and Services List Item Description Qty Unit Unit Price Extended Price

Hospital Administration Services In Accordance With (IAW) the Performance Work Statement

(PWS).

Base Year: 1 Oct 19 to 30 Sep 20 (Start date may change due to contracting process)

Mo

IAW the PWS. Option Year One:

1 Oct 20 to 30 Sep 21

IAW the PWS. Option Year Two:

1 Oct 21 to 30 Sep 22

IAW the PWS. Option Year Three: 1 Oct 22 to 30 Sep 23

IAW the PWS Option Year Four:

1 Oct 23 to 30 Sep 24

Total Amount:

Start Date: *Enter your first available date to begin work*

Government reserves the right to award for less that the quantity identified in the above table.

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

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.

Complete the necessary fill-ins and certifications in provisions/clauses. The provisions/clauses FAR 52.212-3 shall be returned along with the quote (see bottom).

The quote shall consist of two (2) separate parts – Technical Capability and Price.

1. TECHNICAL CAPABILITY: The Technical Capability will have three (3) subfactors;

SUBFACTOR 1 - Education SUBFACTOR 2 - English Language Requirement SUBFACTOR 3 - Acknowledgement of Attachment 2: Business Association Agreement

2. PRICE QUOTE

B. The contracting officer has determined:

There is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists, no additional cost information will be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit uncertified cost or pricing data to support a determination of price reasonableness.

C. Specific Instructions:

1 - TECHNICAL CAPABILITY - Limited to no more than 15 pages to include but not limited to attachments, title pages, and table of contents. Submit one (1) original and one (1) copy or original only if submitted electronically. Any attachments provided by the Contracting Office does not count toward the limit.

SUBFACTOR 1 - Education: Minimum education required is a High school diploma or general educational development (GED) equivalency. Provide diploma or equivalency document for the Government’s review.

SUBFACTOR 2 - English Language Requirement: Contractor employee shall read, understand, speak, and write English. If contractor employee’s primary language is English, no certification is required. If English language is not the primarily language, one of the following certifications will need to be submitted:

On-site manager - TOEIC 730, TOEFL (PBT) 550, TOEFL (CBT) 210, TOEFL (iBT)

80, CASEC 870(*), EIKEN Pre-1st.

Regular contractor employee - TOEIC 550, TOEFL (PBT) 460, TOEFL (CBT) 140, TOEFL (iBT) 50, CASEC 560(*), EIKEN 2nd.

(*) If the CASEC score is provided, the contract employee is required to complete one of other tests within 6 months. CASEC is considered as only reference score.

SUBFACTOR 3 – Acknowledgement of Attachment 2: Business Association Agreement. See Subfactor 3 of Addenda to FAR 52.212-2, Evaluation - Acknowledgement of Attachment 2:

Business Association Agreement requirements.

2 - PRICE - Limited to no more than 4 pages to include attachments. Submit one (1) original and one (1) copy or original only if submitted electronically. Any attachments provided by the Contracting Office does not count toward the limit.

(a) Provide Discount Terms, Offeror Complete Address, Name, Date, CAGE Code, and

Signature. In doing so, the offeror accedes to the contract terms and conditions as written in the combined synopsis/Solicitation, with attachments. The combined synopsis/solicitation constitutes the model contract.

(b) Insert proposed unit and extended prices in the pricing schedule for each contract line item number (CLIN). The extended amount must equal the whole currency unit price multiplied by the number of units. The quote must be submitted for base performance period plus any option years detailed in the solicitation.

(c) Price quote can be submitted in either U.S. Dollars or Japanese Yen. The Government exchange rate that shall be used is ¥111.5938 to $1.00.

D. Documents submitted in response to this RFQ must be fully responsive to and consistent with the following:

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

(2) Evaluation Factors for Award in provision 52.212-2, Evaluation - Commercial Items and its addenda.

(3) Any limitation on the number of quote pages. Pages exceeding the page limitations set forth in this solicitation provision will not be read or evaluated, and will be removed from the quote.

E. Format for quote Factor 1 and 2 shall be as follows:

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

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

(3) Typing shall not be less than 12 pitch.

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

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

1. Requirements of the solicitation (Item Numbers) and Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

G. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer IAW 52.212-1(h) “multiple awards”.

(End of Addendum to FAR 52.212-1)

Submit above items to below POC;

Primary point of contact is Makoto Kurauchi, Contracting Specialist, Telephone 011-81-176-77- 4895, Email makoto.kurauchi.jp@us.af.mil.

Alternate POC is Ashley Grant, TSgt, Contracting Officer, Telephone 011-81-176-77-4895, Email ashley.grant.1@us.af.mil.

RESPONSE TIME:

Please send any response NO LATER THAN 1000 on 13 Sep 19 (JST) or 2100 on 12 Sep

19 (EST).

Addendum to 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT2014)

(a) The Government will award a contract resulting from this combine synopsis/solicitation to the responsible offeror whose offer conforming to the combined synopsis/solicitation will be most advantageous to the Government, price and other factors considered. The Government will utilize the best value method per FAR 13.106-1.

EVALUATION FACTORS FOR AWARD: Two (2) evaluation factors will be used to evaluate proposals: Technical Capability broken down into three (3) subfactors and determined acceptable or unacceptable as defined in table 1a and Price Proposal.

Table 1a. Technical Acceptable/Unacceptable Rating Method

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation.

mailto:tamaki.hunt.jp@us.af.mil mailto:ashley.grant.1@us.af.mil

Unacceptable Proposal does not meet the requirements of the solicitation.

FACTOR 1 – TECHNICAL CAPABILITY

1. SUBFACTOR 1 - Education SUBFACTOR 2 - English Language Requirement SUBFACTOR 3 - Completion of Attachment 2: Business Association Agreement

SUBFACTOR 1 – Education:

Minimum education required is a High school diploma or general educational development (GED) equivalency. Provide diploma or equivalency document for the Government’s review.

SUBFACTOR 2 – English Language Requirement:

Contractor employee shall read, understand, speak, and write English. If contractor employee’s primary language is English, no certification is required. If English language is not the primarily language, one of the following certifications will need to be submitted:

On-site manager – TOEIC 730, TOEFL (PBT) 550, TOEFL (CBT) 210, TOEFL (iBT) 80, CASEC 870(*), EIKEN Pre-1st.

Regular contractor employee - TOEIC 550, TOEFL (PBT) 460, TOEFL (CBT) 140, TOEFL (iBT) 50, CASEC 560(*), EIKEN 2nd.

(*) If the CASEC score is provided, the contract employee is required to complete one of other tests within 6 months. CASEC is considered as only reference score.

SUBFACTOR 3 - Acknowledgement of Attachment 2: Business Association Agreement Contractor must provide a statement that attachment 2: Business Association Agreement is acknowledged and will be completed in the event that the company wins the contract award.

FACTOR II – PRICE PROPOSAL

An offeror’s proposed prices will be verified on the Solicitation CLIN Pricing Schedule by multiplying the quantities identified for each item number in the price schedule by the proposed unit price to confirm the extended amount for each price schedule item. The extended price for each line item will then be added together to arrive at a total evaluated price.

As this requirement is a commercial service that will result in a firm-fixed-priced contract, a comparison of offeror’s proposed, competitive prices will satisfy the requirement for price analysis. The price evaluation will be accomplished by conducting price analysis to assess and compare proposed prices and reasonableness of the proposed total evaluated price as defined in FAR 15.404-1 and FAR 15.305.

Firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. (FAR 16.202-1).

B. AWARD DETERMINATION: As a result of the Government‘s aforementioned evaluation, all offerors quotes will be evaluated if they are received by the deadline stated in the solicitation. Of those quotes, an award determination will be made to the offeror whose quote offers the best value to the Government and conforms to the requirements of the solicitation and Performance Work Statement (PWS).

The Government reserves the right to award a contract for less than the quantity indicated in the solicitation. Contractors should only provide pricing for the amount of time they can actually provide the service. All proposals that receive an acceptable technical rating will then undergo a price comparison based on their monthly rate. A best value determination will be made to determine who the contract is awarded to.

(b) Options. The total amount of all options along with a six month extension added to each option year will be used to evaluate the aggregate price; however the total actual value of the contract will not reflect the six month extension as it is dependent on the year it is used and may not be used at all (FAR 52.217-8).

Example:

Year Price per

Month Quantity Overall Price Evaluation Six

Month Extension

Total Evaluated Price

Base $12 12 months $144 $72 $216 Option 1 $15 12 months $180 $90 $270

TOTAL EVALUATED PRICE: $486

TOTAL AWARDED CONTRACT

VALUE:

$144 with $180 Unexercised Option

(c) An 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 once the awardee signs and returns the award. 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 beforeaward.

(End of Addendum to 52.212-2)

Contractors must be actively registered with the System Award Management (SAM).

Lack of registration in the SAM database will make an offeror ineligible for award. The Contractor is required to confirm on an annual basis that its information in the SAM database is accurate and complete at https://www.sam.gov/. (IAW FAR 52.232-33 Payment by Electronic Funds Transfer- System Award Management, Jul 13)

Contractors must be registered in Wide Area Work Flow (WAWF). The WAWF system is the method to electronically process vendor payment requests and receiving reports, at http://wawf.eb.mil/. (Authorized by DFARS 252.232-7003, Electronic https://www.sam.gov/ http://wawf.eb.mil/

Submission of Payment Requests and Receiving Reports)

PROVISIONS/CLAUSES:

The following provisions and/or clauses apply to this acquisition. Offerors must comply with all instructions contained in. Clauses may be accessed electronically in full text through http://farsite.hill.af.mil.

CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE YEAR-MO SECTION

VARIATION

NAME DATE

252.201-7000

Contracting Officer's Representative

1991-12

SEC G

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.203-7005 Representation Relating to Compensation of Former DoD Officials. As prescribed in 203.171-4(b), insert the following provision:

2011-11 SEC K

252.204-7000 Disclosure of Information. 2016-10 SEC I 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 SEC I 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting.

2016-10 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 SEC I 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

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

2015-10 SEC I

252.211-7007 Reporting of Government-Furnished Property. 2012-08 SEC I 252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC K 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 2018-01 SEC L 252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 SEC I 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials.

2014-09 SEC I

252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7005 Identification of Expenditures in the United States. 2005-06 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 SEC I 252.225-7041 Correspondence in English. 1997-06 SEC I 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the

United States.

2015-06 SEC I

252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

2018-12 SEC K

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G 252.232-7008 Assignment of Claims (Overseas). 1997-06 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.233-7001 Choice of Law (Overseas). 1997-06 SEC I 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04 SEC E http://farsite.hill.af.mil/

252.245-7002 Reporting Loss of Government Property. 2017-12 SEC I 252.245-7003 Contractor Property Management System Administration. 2012-04 SEC I 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation.

2017-01 SEC I

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

I 1995-10 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC K 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I 52.204-22 Alternative Line Item Proposal. 2017-01 SEC I 52.204-7 System for Award Management. 2018-10 SEC L 52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment.

2015-10 SEC I

52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 SEC I 52.224-3 Privacy Training. 2017-01 SEC I 52.224-3 Privacy Training. 2017-01 SEC I

Alternate I 2017-01

52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 SEC I 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 SEC I 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 SEC I 52.245-1 Government Property. 2017-01 SEC I 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law.

2016-02 SEC I

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

2007-09 SEC I

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 SEC I 52.204-20 Predecessor of Offeror. 2016-07 SEC I 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 SEC I 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-

Representation.

2015-11 SEC I

52.222-29 Notification of Visa Denial. 2015-04 SEC I 52.229-6 Taxes-Foreign Fixed-Price Contracts. 2013-02 SEC I 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.242-13 Bankruptcy. 1995-07 SEC I 52.246-25 Limitation of Liability-Services. 1997-02 SEC I

CLAUSES IN FULL TEXT

52.222-26 Equal Opportunity. (SEP 2015)

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

Equal Opportunity (Sept 2015)

(a) Definition. As used in this clause.

CLAUSE NO. CLAUSE TITLE (MONTH

YEAR)

VARIATION

NAME DATE

CLAUSE TEXT

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

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

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

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

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

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

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

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

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

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

(b)

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

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

(c)

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

41 CFR 60-1.5.

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

(i) Employment;

(ii) Upgrading;

(iii) Demotion;

(iv) Transfer;

(v) Recruitment or recruitment advertising;

(vi) Layoff or termination;

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

(viii) Selection for training, including apprenticeship.

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

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

52.212-1 Instructions to Offerors-Commercial Items. (OCT 2018)

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors-Commercial Items (Oct 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF

1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved] http://quicksearch.dla.mil/) http://www.sam.gov/

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.222-50 Combating Trafficking in Persons. (JAN 2019)

As prescribed in 22.1705(a)(1), insert the following clause:

Combating Trafficking in Persons (Jan 2019)

(a) Definitions. As used in this clause- "Agent" means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

"Coercion" means-

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

"Commercial sex act" means any sex act on account of which anything of value is given to or received by any person.

"Commercially available off-the-shelf (COTS) item" means-

(1) Any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

"Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

"Forced Labor" means knowingly providing or obtaining the labor or services of a person-

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

"Involuntary servitude" includes a condition of servitude induced by means of-

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

"Recruitment fees" means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs-

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

"Severe forms of trafficking in persons" means-

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not-

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)

(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees;

(7)

(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.

This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating.