Mortuary_Casket_BPA_Combo__2.pdf

Casket Delivery Solicitation Number: FA5209-17-U-0060

Notice Type: Combined Synopsis/Solicitation

Request for Quotation (RFQ) – Casket Delivery for Regional USAF Mortuary

Yokota Air Base, Japan

Requesting Agency: 374th Force Support Squadron/FSOM, Regional USAF Mortuary

Bldg. 4069, Yokota Air Base, Fussa-shi, Tokyo 197-0001 Japan

Purchasing Agency: 374th Contracting Squadron/LGCB

Bldg. 620, Yokota Air Base, Fussa-shi, Tokyo 197-0001 Japan

1. This is a combined synopsis/solicitation for a Blanket Purchase Agreement (BPA) of commercial supplies prepared in accordance with Federal Acquisition Regulation (FAR), subpart 12.6 and 13.303, supplemented with information included in this notice. This announcement constitutes the solicitation and is a Request for Quotation (RFQ).

2. The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2005-95 and DFARS Publication Notice 20161222.

3. SERVICE DESCRIPTION: The contractor shall be responsible for shipping caskets to the Yokota

Air Base Regional Mortuary. The shipment shall comply with all airline(s) and Customs Agencies shipping regulations and shall arrive intact at the destination. Prospective vendors shall be able to handle at minimum 20 caskets per order. For detailed information, refer to Attachment 1- Performance

Work Statement.

4. The NAICS code for this acquisition is 339995, Burial Casket Manufacturing.

5. Defense Priorities and Allocation System (DPAS): None

6. PERFORMANCE PERIOD: The period of performance covered by this BPA shall be from the date of award, unless withdrawn by the contracting officer. The termination date shall be 5 years from the date of award.

7. Extent of Obligation: The United States Government is obligated only to the extent of the authorized calls actually placed against this BPA.

8. Pricing: The prices to the Government shall be as low as or lower than those charged the supplier's most favored customer for comparable quantities under similar terms and conditions in addition to any discounts for prompt payment.

9. Purchase limitation: No individual call under the BPA shall exceed $25,000.

10. Site Visit: There will be no site visit conducted for this requirement.

11. Individuals Authorized to Place Calls: A list of the individuals authorized to place calls under the

BPA, identified by organizational component and the dollar limitation per call for each individual will be furnished to the Contractor by the Contracting Officer.

12. Delivery Tickets: All services performed under the BPA shall be accomplished by the issuance of delivery tickets or sales slips/receipts (a document signed by the receiver of the shipment to indicate

Mortuary Casket Delivery Service Solicitation Number: FA5209-17-Q-0060 that they have received and taken possession of the item) that shall, at a minimum, contain the following information:

a. Name of Supplier

b. BPA Number

c. Date of Call

d. Call Number

e. Itemized List of Supplies or Services Furnished

f. Quantity, Unit Price, and Extension of Each Item, Less Applicable Discounts

g. Date of Delivery

13. Invoices/Payment: Contractor shall provide invoice delivery tickets (see # 12) to the mortuary for payment. The contractor shall also be able to accept a VISA credit card as payment method per call.

14. Receipt/Inspection/Acceptance: Transportation of caskets to a designated airport called for under this

BPA is assigned to the Director of Yokota’s Mortuary. His/her duly authorized representatives designated by the responsible official may act on his/her behalf.

15. Submittal/Approval of Price List: The Contractor shall furnish the Contracting Officer a minimum of fifteen (15) calendar days advance notice of any contemplated change to the price list approved. The

Contracting Officer will approve and sign the price list after determining that prices are fair and reasonable. The updated list will supersede all prior price lists. The Contracting Officer will send a copy of the approved price list to the authorized BPA Callers. The Contractor shall furnish firm price lists periodically as required by the Contracting Officer.

16. Submission of Solicitation: Solicitation must be signed, dated and submitted not later than 28

September 2017, 1630 hours Japan Standard Time (JST) by: e-mail (see below addresses); fax to

042-551-3319 or 011-81-42-530-3319 (from the United States); postal mail or hand carried to:

374 CONS: ATTN SSgt Thaddeus Faxon

Unit 5228, Bldg. 620, Yokota Air Base

Fussa-shi, Tokyo, 197-0001

SSgt Thaddeus Faxon, Jr. Thaddeus.Faxon@us.af.mil Comm: 011-81-31175-6074

Mr. Keisuke Kiyotaka Keisuke.Kiyotaka@us.af.mil Comm: 011-81-31175-9241

17. Contractor assistance: Any questions regarding the performance of this BPA may be referred to the following addresses in section 16 above. Please reference the BPA number when making inquiry.

18. APPLICABLE TERMS, CONDITIONS, PROVISIONS, and CLAUSES: The following Terms and

Conditions, Provisions, and Clauses apply to this acquisition:

mailto:Thaddeus.Faxon@us.af.mil mailto:Keisuke.Kiyotaka@us.af.mil

FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items (NOV 2015).

*Offeror shall include a completed copy of the provision. (See Attachment 4)

The Following Provisions and Clauses Are Included by Reference

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.212-1 Instructions to Offerors JAN 2017

252.203-7005 Representation Relating to Compensation of Former NOV 2011

DOD Officials

252.204-7008 Compliance With Safeguarding Covered Defense OCT 2016

Information Controls

252.225-7031 Secondary Arab Boycott of Israel JUN 2005

INSTRUCTIONS TO OFFERORS AND QUOTATION PREPARATION INSTRUCTIONS

The Following Provisions and Clauses Are Included by Full-Text

FAR 52.212-1 Instruction to Offerors – Commercial Items and Addendum 52.212-1

Addenda to FAR 52.212-1 Instructions to Offerors - Commercial Items (Jan 2017)

(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 quotations, by reference.

(b) Para. 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 30 calendar days from the date specified for receipt of offers.”

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

(m) Quotation Preparation Instructions:

To assure timely and equitable evaluation of quotations, 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 sub-factors. 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

Quotation, and Part III - Technical Quote.

A. PART I – SUMMARY AND MISCELLANEOUS DATA. Submit one electronic copy.

1. The offeror shall provide a concise summary and table of contents of the entire quotation.

2. 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 (Attachment 3), along with the quotation. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in.

http://www.sam.gov/

3. Submit an acknowledgment of the all solicitation amendments, if issued.

4. If none proposed, submit an Affirmation of no Exceptions, Deviations, or Waivers.

B. PART II – PRICE QUOTATION - Submit one electronic copy.

1. This Price Schedule shall contain a completed Schedule of

Supplies/Services, continuation sheets of price quotation.

2. Insert proposed unit price(s) and in the Schedule of Supplies/Services for item or service.

It is imperative that mathematical calculations are correct; particular care should be taken to ensure the amounts match when using the EXCEL program and the rounding of figures, limited to two decimal places.

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

C. PART III – TECHNICAL QUOTE - Submit one electronic copy.

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

i. Requirements of the solicitation (addressing in accordance with PWS and price schedule) and government standards and regulations pertaining to the PWS (see attachment 1).

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

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

2. The following table summarizes the quotation submission:

iv. Quotes must demonstrate a clear understanding of the nature and scope of the work required. Failure to provide a realistic, reasonable, and complete quote may reflect a lack of understanding of the requirements and may result in a determination that you are technically unacceptable. BPAs will be established with the responsible

Contractors whose quotes conform to the requirements outlined in this RFQ and are most advantageous to the Government based on the best value determination.

PART TITLE

ELECTRONIC

COPY

PAGE

LIMIT

DUE DATE

I

Summary and Misc.

Data (File Name:

Part I)

1 5 24 Mar 17

II

Price (File Name:

Part II)

5 24 Mar 17

III

Technical (File

Name: Part III) 1 5 24 Mar 17

v. The Government intends to establish BPAs without exchanges with offerors.

Consequently, Contractors are highly encouraged to offer their best technical and pricing quotes in their initial submissions. However, the Government reserves the right to discuss submissions with any or all contractors submitting a technical and price quote, if it is determined advantageous to the Government to do so. This statement is not to be construed to mean the Government is obligated to conduct exchanges.

vi. A Contractor may be eliminated from consideration for a BPA without further exchanges if its technical and/or pricing quotes are not among those Contractors considered most advantageous to the Government based on a best value determination.

D. General Information: Although electronic submissions are encouraged, the following information applies to paper submission(s):

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

374th Contracting Squadron

Attn: SSgt Thaddeus Faxon

Unit 5228, Building 620, Yokota Air Base

Fussa-shi, Tokyo 197-0001

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

1st of January New Year's Day

3rd Monday of January Martin Luther King Jr's Birthday

3rd Monday of February Washington's Birthday

Last Monday of May Memorial Day

4th of July Independence Day

1st Monday of September Labor Day

2nd Monday of October Columbus Day

11th of November Veterans Day

4th Thursday of November Thanksgiving Day

25th of December Christmas Day

Note: No Japanese holidays will be observed.

(End of Addenda)

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

(a) The government will establish an agreement resulting from this solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be most advantageous to the government, price and other factors considered. The following factors will be used to evaluate offers:

(1) Technical

(2) Price

(b) A written notice of agreement or acceptance of an offer, mailed or otherwise furnished to the file:///C:/Users/1265140625U/AppData/Local/Microsoft/Windows/JeffreyW.Voudren/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/far/FAR52.215.doc%23b522122 successful offeror within the time for acceptance specified in the offer, will result in an agreement 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 establishment of the agreement.

Addendum to FAR 52.212, Evaluation - Commercial Items

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

This acquisition is will be evaluated on the factors listed below.

Technical

Price

(1) Technical Acceptability Factor. The government will evaluate technical description of the items being offered and assign an Acceptable or Unacceptable rating as described in

Table 1 below. 374 FSS will rate the technical information as “acceptable” or

“unacceptable”. Technical acceptability is met when the offeror submits a product that meets the requirements of the SOW. Multiple agreements with multiple vendors for this requirement may result from this evaluation. See Table 1 below for descriptions on

Technical Ratings:

Table 1. Technical Ratings

Rating Description

Acceptable

1. Quotation meets the requirements of the solicitation and demonstrates proof and capability to meet regulations of PWS, AFI 34-501, Chapter 2, para 2.9

- Air Force Mortuary Affairs Program, and AFMAO Casket Requirements.

2. Vendor must be able to accept the Government Purchase Card (GPC –

VISA).

Unacceptable

1. Quotation does NOT meet the requirements of the solicitation or demonstrate proof and capability to meet regulations of PWS, AFI 34-501, Chapter 2, para 2.9 – Air Force Mortuary Affairs Program, and AFMAO

Casket Requirements.

2. Vendor does NOT have the capability to accept the Government Purchase

Card (GPC – VISA).

(2) Price Evaluation Factor:

Offerors are encouraged to submit their best price quote. The price list submitted will be the evaluated for expected use at call level for future endeavors. Offerors are cautioned to submit sufficient information and in the format specified in 52.212-1, Instructions to

Offerors – Commercial Items, of this solicitation and Attachment 2 – Price Schedule.

Offerors are also allowed to offer pricing/data sheets that fully encompass all rates not specified in the price schedule.

(c) BASIS FOR ESTABLISHING THE AGREEMENT:

Before establishing the agreement, the contracting officer will determine that the proposed price is fair and reasonable, and that the vendor meets the technical requirement to establish an agreement.

1. Contracting Officer will base price reasonableness on competitive quotations of offers.

Offerors may be asked to clarify certain aspects of their quotations. Exchanges conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to establish an agreement without the opportunity for quotation revision. The government intends to establish an agreement without discussions with respective offerors.

However, the Government reserves the right to conduct discussions if deemed in its best interest.

(End of Provision)

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

Contract Terms and Conditions -- Commercial Items (Jan 2017)

FOR LOCAL VENDORS:

(k) Taxes. The text is deleted and replaced as follows:

(1) Unless otherwise provided in this agreement, the agreed upon price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the

Government of Japan have agreed shall not be applicable to expenditures in Japan by or on behalf of the United States.

(2) The Status of Forces Agreement between the Japan and the United States and implementing the Japanese laws authorizes the United States exemption from certain Japanese taxes for materials, supplies, equipment and services procured for official purpose in Japan by the United

States Armed Forces or by authorized agencies of the United States Armed Forces. Those taxes include (1) Consumption tax, (2) Gasoline tax and local road tax on gasoline, (3) Diesel oil tax, and (4) Liquefied petroleum gas tax.

(3) The Contractor will submit requests for gasoline or diesel oil tax exemption certificate to the

Contracting Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this agreement, with documentary evidence and detailed item breakdown to support the accurate consumption of gasoline or diesel oil, or other necessary information and data as may be required. The Contracting Officer will issue to the Contractor a tax exemption certificate for the actual amount of gasoline or diesel oil used exclusively for the performance of this agreement.

(4) Conciliation. Except as otherwise provided in this agreement, any disagreement arising under this agreement which is not resolved by the parties to this agreement may be submitted to the

United States - Japan Joint Committee for conciliation in accordance with Paragraph 10, Article

XVIII of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the Contractor shall be made in accordance with the following procedures:

(i) In the event the Contractor desires conciliation after the decision of the Contracting

Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the clause of this agreement entitled, “Disputes” and within the time limits described therein before filing a request for conciliation with the Joint Committee and then request the appellate authority under the

“Disputes” clause to suspend its action on his appeal until such time as the Joint

Committee has had an opportunity for effecting conciliation.

(ii) The request for conciliation will be submitted by the Contractor through the nearest

Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint

Committee. Upon the filing of the request with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

(iii) In the event the disagreement submitted to the Joint Committee under subparagraph been resolved through conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the clause of this agreement entitled, “Disputes”, of the settlement of the dispute and to withdraw his appeal.

(iv) In the event the Contractor has submitted a request for conciliation to the Joint

Committee under subparagraph (2) above desires, notwithstanding tendency of his request for conciliation, that action by the appropriate authority under the clause of this agreement entitled, “Disputes”, be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the

Contractor of his action taken hereunder.

(v) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this agreement entitled, “Disputes”, has been rendered. Pending the hearing of the conciliation panel, the Contractor shall proceed diligently with the performance of the agreement in accordance with the Contracting Officer’s decision. The provisions of this clause shall not prejudice any right which the parties to the agreement may have to file in a civil suit.

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

Commercial Items.

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

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

Items (Jan 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this agreement 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) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20016

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

___ (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

(Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (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—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, 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)).

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

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

13126).

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

___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.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 (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

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

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

___ (35) 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 (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

X (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 Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (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® -Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

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

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (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.

X (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 (Jun 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. 5150).

___ (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 (Jul

2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 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)

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

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

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this agreement 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 agreement.

(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 agreement 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 agreement 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, Non-displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sep 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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(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).

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

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May

2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

252.225-7043 ANTI-TERRORISM/FORCE PROTECTION POLICY FOR DEFENSE

CONTRACTORS OUTSIDE THE UNITED STATES

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this agreement, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a

U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the

Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for

Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from

374aw.atfp@us.af.mil or DSN: 225-6340. (End of clause)

AFFARS 5352.201-9101 OMBUDSMAN (JUN 2016)

As prescribed in 5301.9103, insert the following clause:

(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 quotations, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

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

Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, James B. Ting, CMSgt, USAF, HQ PACAF/A7KP, Hickam AFB, HI 96853-5427, (315)449-8569, James.Ting@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy

Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC

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

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

mailto:aw.atfp@us.af.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5301.htm#p53019103 http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/ http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/

(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)

LIST OF DOCUMENTS, EXHIBITS, OR ATTACHMENTS:

Attachment 1: Performance Work Statement (PWS), 29 June 2017 7 Pages

Attachment 2: AFI 34-501 - Air Force Mortuary Affairs Program 210 Pages

Attachment 3: AFMAO Casket Requirements 19 Pages

Attachment 4: FAR 52.212-3 19 Pages