2_Combined_Synopsis_19Q004A.pdf

COMBINED SYNOPSIS/SOLICITATION OR REQUEST FOR QUOTE

FA5209-19-Q-004A

INSPECTION, MAINTENANCE AND REPAIR SERVICES OF WATER SUPPLY CONTROL

SYSTEMS BLDG No. 832, 858 AND 1043 AT CAMP ZAMA, JAPAN

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. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. The quote shall be valid until 31 Oct 2019.

1. This is a Combined Synopsis/Solicitation / Request for Quote for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR), subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued.

2. Solicitation number FA5209-19-Q-004A is issued as RFQ and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-03, DPN 20190531, and AFAC 2018- 0525.

3. The NAICS is 811310, Commercial and Industrial Machinery Repair and Maintenance Services. The Small Business Size Standard for this NAICS code is $7.5 million. There is no set aside for this RFQ in accordance with FAR 19.000(a) as this contract will be performed solely in Japan.

4. Requirement Description: The contractor shall provide all necessary labor, personnel, supervision, management, tools, equipment, transportation, materials, and any other items or services necessary to perform inspection, maintenance, and repair services for the Water Supply Control Systems (WSCS) in the Water Pump Station at Camp Zama, Japan. The contractor shall perform in accordance with (IAW) the attached Performance Work Statement (PWS), commercial standards and practices, and the manufacturer’s specifications.

5. Place of Performance:

US Army Garrison Japan Directorate of Public Works Camp Zama, Japan

6. Period of Performance: 1 Nov 19 through 31 Oct 20 with four (4) one-year options.

7. Pricing/CLIN Structure: See attached

8. Points of contact:

Contract Specialist: Ms. Sumiyo Ohi - sumiyo.ohi.jp@us.af.mil Contracting Officer: Mr. Gary S Scullin - gary.scullin.1@us.af.mil

9. Response Date and time: Quotes must be provided on this form and be signed, dated and submitted by 9 Aug 2019, 1400 Japan Standard Time (JST), to both of the points of contact listed below.

10. A pre-proposal conference and site visit will be conducted at Camp Zama at 0930 hours on 26 Jul 19, JST for the purpose of answering questions regarding this solicitation. All interested vendors intending to submit a proposal need to attend and submit the names of all attendees to Ms Sumiyo Ohi, Contract Administrator, at 042-551-6120 (Fax 042-551-0973) or sumiyo.ohi.jp@us.af.mil prior to 22 Jul 19 . This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.

11. It is the quoter’s responsibility to be familiar with all applicable clauses and provisions. All FAR/ DFARS/AFFARS clauses and provisions may be viewed in full text at http://farsite.hill.af.mil/ or https://www.acquisition.gov/browse/index/far. The following clauses and provisions apply to this acquisition:

CLAUSES INCORPORATED BY REFERENCE

FAR Clauses:

52.203-3 Gratuities Apr 1984 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.212-4 Contract Terms and Conditions – Commercial Items Oct 2018 52.225-14 Inconsistency Between English Version and Translation of Contract Feb 2000 52.228-3 Worker's Compensation Insurance (Defense Base Act) Jul 2014 52.232-18 Availability of Funds Apr 1984 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.245-1 Government Property Jan 2017 52.245-9 Uses and Charges Apr 2012

DFARS Clauses:

252.201-7000 Contracting Officer's Representative Dec 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Information Oct 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting Oct 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support May 2016

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

Oct 2015

252.211-7007 Reporting of Government-Furnished Property Aug 2012 252.222-7002 Compliance With Local Labor Laws (Overseas) Jun 1997 252.223-7008 Prohibition of Hexavalent Chromium Jun 2013 252.225-7012 Preference for Certain Domestic Dec 2017 252.225-7041 Correspondence in English Jun 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Dec 2018 252.232-7010 Levies on Contract Payments Dec 2006 252.243-7002 Request for Equitable Adjustment Dec 2012 252.244-7000 Subcontracts for Commercial Items Jun 2013 252.247-7023 Transportation of Supplies by Sea Apr 2014

CLAUSES IN FULL-TEXT

Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018).

(C) Changes. The text is deleted and replaced as follows:

FAR 52.217-8, Option to Extend Services and FAR 52.217-9, Option to Extend the Terms of the Contract, have been added by addendum to this contract. In accordance with terms and conditions of the clause, the Contracting Officer may unilaterally exercise any option(s). All other changes to the terms and conditions of this contract shall be made only by written agreement of the parties.

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

(1) Unless otherwise provided in this contract, the contract 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 contract, 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 contract.

(w) Conciliation. Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract 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:

(1) 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 contract 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.

(2) 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.

(3) In the event the disagreement submitted to the Joint Committee under subparagraph (2) above has been resolved through conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the clause of this contract entitled, “Disputes”, of the settlement of the dispute and to withdraw his appeal.

(4) 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 contract 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.

(5) 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 contract entitled, “Disputes”, has been rendered. Pending the hearing of the conciliation panel, the Contractor shall proceed diligently with the performance of the contract in accordance with the Contracting Officer’s decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file in a civil suit.

(End of Clause)

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

– Commercial Items (Jan 2019).

(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) (31 U.S.C. 3553).

(5) 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:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

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

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (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 (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

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

X (49) 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).

(55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

X (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

For the purpose of this clause, the blank(s) is/are completed as follows:

(b)(1) The date when the Contractor submits first invoice, using EFT Form established by DFAS.

(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 (Jan 2019) (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) 52.204-23, 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) (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.

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

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.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 (Aug 2018), (41 U.S.C. chapter 67).

X (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

(xiv) 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.)

(xv) 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)

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

(xxi) 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.

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

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

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

FAR 52.217-8 Option to Extend Services (Nov 1999).

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 30 days before contract expiration.

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000).

(a) The Government may extend the term of this contract by written notice to the Contractor not later than 30 days before the contract expire; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

DFARS 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States (Jun 2015).

(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 contract, 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 374aw.atfp@us.af.mil or DSN 225-6340.

DFARS 252.232-7006 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 is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

2-in-1

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

(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 HQ0671 Issue By DoDAAC FA5209 Admin DoDAAC N/a

Ship To Code N/a Service Approver (DoDAAC) WT5J0M Service Acceptor (DoDAAC) N/a

(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.

Contracting Specialist: Sumiyo Ohi, at sumiyo.ohi.jp@us.af.mil Contracting Officer: Gary S. Scullin, at gary.scullin.1@us.af.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

252.232-7007 Limitation of Government’s Obligation (Apr 2014).

(a) Contract line item(s) To be Determined (TBD) through TBD is/are incrementally funded. For this/ these item(s), the sum of $/Y TBD of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state

(1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $/Y – (TBD)

(month) (day), (year) $/Y---- (TBD)

(month) (day), (year) $/Y---- (TBD)

(month) (day), (year) $/Y---- (TBD)

AFFARS 5352.201-9101 Ombudsman (Jun 2016).

(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 ombudsman.

AFICA/KH (Chief Enlisted Manager) 25 E Street, Suite B-100

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/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.

(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.

PROVISIONS INCORPORATED BY REFERENCE

FAR Provisions:

52.204-16 Commercial and Government Entity Code Reporting Jul 2016 52.212-1 Instructions to Offerors—Commercial Items Oct 2018

DFARS Provisions:

252.203-7005 Representation Relating to Compensation of Former DoD Officials Nov 2011 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls Oct 2016 252.215-7008 Only One Offer Oct 2013 252.225-7031 Secondary Arab Boycott of Israel Jun 2005 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism Dec 2018

PROVISIONS IN FULL-TEXT

Addendum to 52.212-1 Instructions to Offerors – Commercial Items (Oct 2018).

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

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

(m) Quotation Preparation Instructions.

(1) To assure timely and equitable evaluation of proposals, quoters must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I - Summary and Miscellaneous Data, Part II - Price, Part III - Past Performance.

(2) Specific Instructions:

PART I – SUMMARY AND MISCELLANEOUS DATA.

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

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

(c) Submit a pricing exhibit.

PART II – PRICE.

(a) This part shall contain a completed Schedule of Supplies/Services.

(b) Insert proposed unit price(s) and extended amount(s) in the Schedule of Supplies/Services for each Contract Line Item Number (CLIN) including all option periods. The extended amount must equal the unit price multiplied by the number of units. It is imperative that mathematical calculations are correct; particular care should be taken to ensure the amounts match when using the EXCEL program and the rounding of figures. Submit pricing schedule (Attachment 1).

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

PART III – PAST PERFORMANCE.

(a) Past Performance Information (PPI). Provide a list of no more than three (3) recent and relevant contracts performed for any customer. [See definitions of recent and relevant in addendum to 52.212-2, paragraph (d)(2)]. Furnish the following information for each contract listed:

(i) Company/Division name

(ii) Description of Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Value

(vi) Period of Performance

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

(viii) Comments regarding compliance with contract terms and conditions

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

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

(b) Quality and Satisfaction Rating of Contracts. Provide any PPI currently available (letters, metrics, customer surveys, independent surveys, etc.) that demonstrates customer satisfaction with overall job performance and/or quality of completed and/or ongoing contracts. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems, such as cost overruns, extended performance periods, numerous warranty calls, etc.

(c) The evaluation of PPI will take into account PPI regarding (i) predecessor companies, (ii) may take into account PPI regarding teaming partners, and/or (ii) may take into account PPI regarding subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. Major aspects are identified in Performance Work Statement (PWS) paragraphs 1.1.1. Critical aspects are identified in PWS paragraphs 1.1.2.

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

(e) Subcontractor Consent. PPI pertaining to a subcontractor cannot be disclosed to the prime contractor without the subcontractor’s consent. Provide with the quotation a letter from each subcontractor that will perform major or critical aspects of the requirement, consenting to the release of its past performance information to the prime contractor.

(3) Documents submitted in response to this RFQ must be consistent with the following:

(a) Requirements of the solicitation (CLINs) and Government standards.

(b) FAR 52.212-2, Evaluation – Commercial Items, of this solicitation.

(c) Submission for the quotation shall be as follows:

(i) Quoters shall submit electronic copies of quotation via e-mail or fax. By submitting an electronic copy, quoter assume all risk of quotations not getting through security measures and firewalls.

Only files created using Microsoft WORD, Microsoft EXCEL, and/or Adobe.pdf files will be accepted.

No zip files will be accepted. If submitting quotations electronically, email the file(s) by the solicitation closing date and time to the following email addresses and fax: sumiyo.ohi.jp@us.af.mil and gary.scullin.1@us.af.mil or FAX 042-551-0973. The Government will confirm receipt of your submission via email reply.

(ii) The following table summarizes the quotation submission:

(End of Addenda)

FAR 52.212-2 Evaluation – Commercial Items (Oct 2014).

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

(1) Price

(2) Past Performance

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

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

Addendum to FAR 52.212-2, Evaluation - Commercial Items

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

(d) Basis for Contract Award: This is a competitive lowest price with acceptable past performance award conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) Parts 12 and 13. By submission of its quote IAW the instructions provided in clause FAR 52.212-1, Instructions to Offerors – Commercial Items, the quoter accedes to all solicitation requirements, including terms and conditions and representations and certification. Failure to meet a requirement may result in a quote being determined unacceptable. Award will be made to the lowest Total Evaluated Price (TEP) that is the lowest price with acceptable past performance. The evaluation process will include the following:

(1) Price: The Government will rank all quotes by TEP for Contract Line Item Number (CLIN) 0001- 0005 including all option prices (X001- X004). The price evaluation will document the fairness and reasonableness of the TEP. The Government reserves the right to perform price realism analysis. If the Government elects to perform a price realism analysis, the Government reserves discretion over the method within which it performs its price realism analysis. If the Government elects to perform a price realism analysis and finds a proposal unrealistic, the Government may withhold award to that quoter.

Part Title Electronic Copy Paper Copy Page Limit

I Summary and Misc Data 1 N/A N/A II Price 1 N/A N/A III Past Performance 1 N/A N/A

Total Evaluated Price. A TEP will be computed for each quote in order to meet the requirements of FAR Parts 6 and 17. The price of a six-month extension authorized by FAR 52.217-8, Option to Extend Services, will be added to the proposed price for each potential contract performance period.

The TEP is a two-part computation. First, the quoter’s total quoted price will be determined by multiplying the quantities identified in the Pricing Schedule (Attachment 1) by the unit price for each CLIN to confirm the extended total amount for each CLIN; the sum of all (except X004) extended amounts will be the quoter’s total quoted price. Second, the total quoted price (total amount for CLINs X001 - X003 and 0005 of the base year) plus the sum of FAR 52.217-8 formula (shown below) will constitute the TEP.

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

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

Note: *0.5 is the multiplicative factor used to derive the 6 months quantity value.

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

(2) Past Performance: The Government will evaluate past performance information (PPI) submitted from the lowest priced quoter under this acquisition. If the lowest priced quoter is determined to be Acceptable based on the below evaluation process, no other quoters need to be evaluated for past performance. In the event that the lowest quoter is determined to be Unacceptable, the quoter will be eliminated from consideration for award and the Government will then evaluate the next low quoter’s PPI. This process will continue until a quoter is found to have acceptable past performance.

Past performance evaluation considers each quoter’s demonstrated recent and relevant record of performance in supplying products and services that meet the solicitation requirements as well as the quality assessment, based on contacting customers. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the quoter’s Past Performance quote and any information obtained from other sources available to the Government.

The Past Performance evaluation results in an assessment of the quoter’s probability of meeting the solicitation requirements. Quoters must receive a past performance rating of Acceptable to be eligible for award.

Recency Assessment. An assessment of the PPI will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past 3 years from the date of issuance of this solicitation. Ongoing contracts shall have completed at least six (6) months of performance by the solicitation release date in order to be considered for acceptability. PPI that fails this condition will not be evaluated.

Relevancy Assessment. The Government will conduct an evaluation of all recent PPI obtained to determine whether the products provided/services performed under those contracts relate to the products/services identified within the PWS. A relevancy determination of the quoter’s PPI will be made based upon the aforementioned considerations, including predecessor companies, teaming partner(s), and subcontractor(s). In d1termining the relevancy of effort performed under individual past performance contracts, the Government will only consider the specific effort or portion consistent with that proposed by the prime, teaming partner, or subcontractor. PPI pertaining to a subcontractor cannot be disclosed to the prime quoter without the subcontractor’s consent. PPI forms and information obtained from other sources will be used to establish the relevancy of past performance. The Government will assess relevancy for each recent PPI using the following definitions in the below table.

TABLE 1: PAST PERFORMANCE RELEVANCY RATINGS

Rating Definition

Relevant Present/past performance effort involved some of the/similar scope and magnitude of effort and complexities this solicitation requires.

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

Performance Quality Assessment. For each of the recent and relevant past performance information reviewed, the performance quality of work will be assessed based on the (i) Quality Assessment Criteria evaluated through using the comments from the contacted customers and (ii) the evaluation ratings in the Federal Past Performance Information Retrieval System (PPIRS), if available.

The Government will assess the quality of each recent and relevant PPI using the following quality descriptions in the below table.

TABLE 2: PAST PERFORMANCE QUALITY ASSESSMENT

Quality Assessment

Description

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

Unsatisfactory (U) During the contract period, contractor performance is not meeting (or did not meet) some contract requirements. For problems encountered, corrective action appeared only marginally effective, not effective, or not fully implemented.

Customer involvement was required.

Not Available (N) Quality and/or performance information is not available.

Evaluation Ratings. As a result of the relevancy and performance quality assessments of the recent PPI evaluated, the Government will assess an integrated past performance evaluation rating as described in the table below.

TABLE 3: PAST PERFORMANCE EVALUATION RATINGS

Rating Definition

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror whose PPI is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/ unacceptability, Unknown shall be considered Acceptable. More recent performance will have a greater impact on the Past Performance rating than less recent effort.

Quoters are cautioned to submit sufficient information and in the format specified in FAR 52.212-1 of this solicitation. The Government intends to award a contract without further interchanges with quoters.

Consequently, quoters are highly encouraged to quote their best quote in their initial submissions.

However, the Government reserves the right to have interchanges with any or all quoters, if it is determined advantageous for the Government to do so. This statement is not to be construed to mean that the Government is obligated to have interchanges with every quoter (note that FAR Part 15 procedures do not apply to FAR 13 procedures, therefore formal discussions are not applicable). A quoter may be eliminated from consideration without further interchanges if its quote is not among those considered most advantageous to the Government based on a best value determination.

(End of Addenda)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2018) with Alternate I (Oct 2014) Section K

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(Paragraphs (c), (d), (f), (g), (i), (k) are not applicable to non-U.S. vendors and are not required to be completed.)

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child…