RFQ - Fortress Radio.pdf

35th Contracting Squadron

USAF Misawa Air Base, Japan

FA520520QB006, Acquisition of the Fortress Radios (Brand Name)

REQUEST FOR QUOTATION:

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 FA520520QB006; this solicitation is a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through FAC 2019-06, DPN 20190820, and AFAC 2018-

0525. This acquisition is a BRAND NAME REQUIREMENT.

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 ARO:

Name of Offeror:

Offeror Email:

Offeror Phone:

Signature:

Date:

Requested Supplies and Services List

Item No. Description Qty Unit Unit Price Extended Price

Brand Name Product:

Dual Channel Fortress Radio

-Manufacturer: GENERAL DYNAMICS

MISSION SYSTEMS, INC.

-Mfr. part No. ES2440-35

*The lack of any characteristic listed above is not eligible for award.

3 EA $ $

Brand Name Product:

Quad Channel Fortress Radio

-Manufacturer: GENERAL DYNAMICS

MISSION SYSTEMS, INC.

-Mfr. part No. ES2440-3555

*The lack of any characteristic listed above is not eligible for award.

1 EA $ $

Total Amount: $

"Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date for receipt of proposals. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs."

Basis for Award: The Government will award a purchase order resulting from the solicitation to the responsible offeror whose offer is responsive and provide the best overall value to the Government in the light of conforming to the requirements in the item description above and price.

- Award will be made on an all-or-none basis.

- Incomplete quotes will be considered nonresponsive.

- To be considered for award, offers of products of the brand name manufacturer, must—meet all the characteristics mentioned in CLIN 0001 & 0002 in this solicitation. See the attached Determination &

Findings for Brand Name Purchase.

SHIPPING INSTRUCTIONS/ADDRESS:

Shipping cost is to be included in the price of Line item 0001 and 0002 above, and the shipping method shall be a direct commercial shipping to the following address:

35 OSS/OSO

UNIT 5011,

APO AP 96319-5011

Attn: Major House, Daniel J

Comm 011-81-176-77-9133

EVALUATION CRITERIA:

Evaluation of quotations will be completed in accordance with FAR 13.106-2. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and represents the best value to the Government.

Evaluation Factors: Total Price for the items which meets any salient characteristic listed in item No 0001 and 0002 above.

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 Submission of Payment Requests and Receiving Reports)

RESPONSE TIME:

Please send any response NO LATER THAN 0800 on 20 December 2019 (JST) or 1900 on 19 December 2019

(EST).

Point of Contact is Daisuke Ishikawa, Contract Administrator

Telephone: 011-81-176-77-3895, Email: daisuke.ishikawa.jp@us.af.mil

Alternate POC is Mutsuo Shibasaki, Contract Officer, Telephone: 011-81-176-77-4895, Email: mutsuo.shibasaki.jp@us.af.mil https://www.sam.gov/ http://wawf.eb.mil/

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.

Provision incorporated by full text:

52.212-2 Evaluation of Commercial Items

(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, only price considered.

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting.

2016-10

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.211-7003 Item Unique Identification and Valuation. 2016-03

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk

System in Past Performance Evaluations.

2018-03

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.244-7000 Subcontracts for Commercial Items 2013-06

252.246-7008 Sources of Electronic Parts. 2018-05

252.247-7028 Application for U.S. Government Shipping Documentation/ Instructions. 2012-06

252.247-7023 Transportation of Supplies by Sea. 2019-02

52.204-7 System for Award Management. 2018-10

52.204-13 System for Award Management Maintenance. 2018-10

52.204-16 Commercial and Government Entity Code Reporting. 2016-07

52.204-18 Commercial and Government Entity Code Maintenance. 2016-07

52.212-1 Instructions to Offerors-Commercial Items. 2018-10

52.212-3 Offeror Representations and Certifications-Commercial Items. 2018-10

52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10

CLAUSES IN FULL TEXT

252.232-7006 Wide Area WorkFlow Payment Instructions. (DEC 2018)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

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

Document type means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

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

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment

Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS)

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at http://farsite.hill.af.mil/ https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting

Officer.

__Combo__

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the

Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

| Field Name in WAWF || Data to be entered in WAWF |

| Pay Official DoDAAC || __F87700__ |

| Issue By DoDAAC || __FA5205__ |

| Admin DoDAAC || __FA5205__ |

| Inspect By DoDAAC || __FA5205 Extension F3D1E1__ |

| Ship To Code || __ F3D1E1__ |

| Ship From Code || ____ |

| Mark For Code || ____ |

| Service Approver (DoDAAC) || ____ |

| Service Acceptor (DoDAAC) || ____ |

| Accept at Other DoDAAC || ____ |

| LPO DoDAAC || ____ |

| DCAA Auditor DoDAAC || ____ |

| Other DoDAAC(s) || ____ |

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert See Schedule or Not applicable.)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the

DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition

Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity s WAWF point of contact.

35th Contracting Squadron Unit 5201, Bldg. 656 Misawa Air Base, Japan

Attn: 35 CONS/PKB

Commercial Phone No.: (81) 176-77-3895

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

(End of Clause)

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

Orders-Commercial Items.

(MAY 2019)

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May2019)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78

(19U.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)

(41U.S.C.4704 and 10U.S.C.2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.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.)

__X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109-282) (31U.S.C.6101note).

____ (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).

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

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41U.S.C. 2313).

____ (10) [Reserved].

____ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15U.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) (15U.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) (15U.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) (15U.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 (Oct2018) (15U.S.C.637(d)(2) and (3)).

____ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15U.S.C.637(d)(4))

____ (ii) Alternate I (Jan 2017) 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 (Aug 2018) of 52.219-9

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

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

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15U.S.C.657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15U.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) (15U.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 (Dec2015) (15U.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 (Jan 2018) (E.O.13126).

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

__X__ (28)

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

(ii) Alternate I (Feb 1999) of 52.222-26.

____ (29)

(i) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38U.S.C.4212).

(ii) Alternate I (July 2014) of 52.222-35.

__X__ (30)

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

(ii) Alternate I (July 2014) of 52.222-36.

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

____ (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 (Jan 2019) (22U.S.C.chapter78 and E.O. 13627).

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

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

____(35)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

(42U.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 (42U.S.C.6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun

2016) (E.O. 13693).

____(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(Jun2016) (E.O. 13693).

____ (38)

(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.

____ (39)

(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42U.S.C.8259b).

____ (41)

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

13514).

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

__X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun2016) (E.O. 13693).

____ (45)

(i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a).

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

____ (46) 52.225-1, Buy American-Supplies (May 2014) (41U.S.C.chapter83).

____ (47)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014)

(41U.S.C.chapter83,19U.S.C.3301 note, 19U.S.C.2112 note, 19U.S.C.3805 note, 19U.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.

____ (48) 52.225-5, Trade Agreements (Aug 2018) (19U.S.C.2501, et seq., 19U.S.C.3301 note).

__X__ (49) 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).

____ (50) 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; 10U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42U.S.C.5150).

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)

(42U.S.C.5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41U.S.C.4505, 10U.S.C.2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41U.S.C.4505, 10U.S.C.2307(f)).

__X__ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018)

(31U.S.C.3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013)

(31 U.S.C.3332).

____ (57) 52.232-36, Payment by Third Party (May 2014) (31U.S.C.3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5U.S.C.552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15U.S.C.637(d)(13)).

____ (60)

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

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

____ (iii) Alternate II (Feb 2006) 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).

____ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41U.S.C.chapter 67).

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

41U.S.C.chapter 67).

____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple

Year and Option Contracts) (Aug 2014) (29U.S.C.206 and 41U.S.C.chapter 67).

____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014)

(29U.S.C.206 and 41U.S.C.chapter67).

____ (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) (41U.S.C.chapter67).

____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014) (41U.S.C.chapter67).

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

____ (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) (42U.S.C.1792).

(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) (41U.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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15U.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.

(v) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Feb2016) (38U.S.C.4212)

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41U.S.C.chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C.chapter78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50(22U.S.C.chapter78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41U.S.C.chapter67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May2014) (41U.S.C.chapter67).

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

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

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

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

(xx) 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; 10U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42U.S.C.1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46U.S.C.

Appx.1241(b) and 10U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

5352.201-9101 -- OMBUDSMAN (APR 2014)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsmen, Attention: Air Force Installation Contracting Center (AFICC)/KH (Chief Enlisted Manager)

25 E Street, Suite B-100, Joint Base Pearl Harbor-Hickam (JBPH-H), HI 96853-5427

Phone: (808) 449-8569

FAX: (808) 449- 8571

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ

AFICA/AFISRA/SMC ombudsm level, may be brought by the interested party for further consideration to the Air

Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force

Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause)

Attachment:

1. Determination and Findings for Brand Name Purchase