FA521521Q0013 - Combined Synopsis Solicitation Deutz.pdf

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Attached to: Deutz Diesel Engines Federal contract opportunity
Solicitation number: FA521521Q0013
Issued by: Department of the Air Force Pacific Air Forces

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FY22 Brand Name Justification Redacted.pdf	PDF	Mar 4, 2022
Attachment 1 - Bid - Quote Schedule.docx	DOCX document	Mar 4, 2022

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04 March 2022

Combined Synopsis/Solicitation for Deutz Diesel Engines

Contract Specialist: Kara Buwolda

Procurement Contracting Officer (PCO): Ellen F. Souhrada

1. This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

***NOTE***

All instructions, templates, and formats contained herein shall explicitly be adhered to;

otherwise, a quote is determined to be incomplete and shall not be considered for award.

If you are the apparent awardee, the Government will notify you immediately by sending a copy of the contract for your signature. The signed contract shall be returned to the

Government within 24 hours once it is received, and will then be distributed once the contract is awarded. If you do not meet the required deadline, the Government reserves the right to award to the next technically acceptable offeror.

2. Solicitation Number: FA521521Q0013

3. This Synopsis/Solicitation is issued as a Request for Quote (RFQ)

4. Provisions and clauses in effect through Federal Acquisition Circular FAC 2021-03 (Or most current publication)

5. A notice regarding any set-aside: Total Small Business Set Aside

6. NAICS Code: 333618

7. Small Business Size Standard: 1500 employees

8. Statement regarding the Small Business Competitiveness Demonstration Program, if applicable: N/A

9. Contract Line Item Number(s) (CLINs) and items, quantities and units of measure, (including option(s), if applicable): (See Attached Bid Schedule) Contractors shall submit in accordance with the attached Government Bid Schedule format. Bid shall not exceed two decimal places.

10. Description of requirements for the items to be acquired:

The 611 CES has a requirement to buy between 2 and 50 Deutz Diesel Engine Kits, as described below, through an IDIQ with one base year and 4 option years. The initial order will be for 10 kits.

Each assembly kit must include the following items:

1 - Deutz Diesel Tier 4i Engine with EGR Valve, Rated at 63.7 HP @2600 RPM;

24 Volt electrical system, 1 - Deutz LOFA 24 VDC Control Panel with internal gauge illumination wiring harness and no external factory harness, 1 - Power Take-Off (PTO) package, HSG size 4;

Clutch size 8S, 1 - 24 VDC Starter, 1 - 24 VDC Alternator, 1 - 24 VDC Shutdown Solenoid, 2 -

24 VDC Glow Plugs, 1 - Engine Harness with integral relay sockets, 1 - Exhaust pipe, 1 - Guard cooler, 1 - Throttle Lever/mounting kit, speed control, 1 - Aluminum Vernier throttle cable, 75 inches long, 1 - Truck valve, lube oil drain, 1 - Adapter, oil drain, 1 - Timing Control Unit, 1 -

Relay, Slave, 1 - Wiring Harness for LOFA Panel Gauge Illumination, 2 - Lifting eyes, engine, 1

- Rigid Mount Kit, 1 - Flex Mount Kit, 1 - Parts manual (Deutz) and Operators/Instruction manual

(P/N: Deutz), 1- Freight expenses, The vendor will perform the following actions prior to shipment: Perform quality assurance (QA) inspection to verify operation and correct indication on control panel for all engine safety shut down devices, such as low oil pressure and high engine temperature. Ensure all gauges are functioning properly and calibrated; throttle operates freely with no binding, and D.C. charging system checked.

Verify engine preheat system is operational through the preheat controller and indicating properly on the engine control panel. The diesel engine assembly kit/PTO must be assembled with the exception of the LOFA 24 Volt control panel, the Parts manual, and the Operators/Instruction manual, which will be separate, but still packaged with the engine. Loose items will be verified and inventoried for packaging/completeness. All engines (P/N: D2011L04i) are required to have a three (3) year warranty.

11. Place(s) of Delivery and Acceptance:

a. Delivery Terms: Vendor Shall Specify

b. Inspection/Acceptance Terms: Destination/Destination

c. Delivery Location:

611 CES CEOEM

5250 GIBSON AVE

JBER AK 99506-4400

United States

12. Attachments:

Attachment 1 - Bid/Quote Schedule

13. The name and email of the individuals to contact for information regarding the solicitation are:

Contract Specialist: Kara Buwolda at kara.buwolda.2@us.af.mil or Contracting Officer: Ellen

F. Souhrada at ellen.souhrada@us.af.mil.

*Due to COVID-19 we are teleworking, please use email to contact*

14. Additional Information:

Be advised that all interested parties must be registered in the System for Award

Management (SAM) Database in order to receive an award. If you are not registered you may make a request through the SAM website at http://www.sam.gov.

Be advised that all interested parties must be registered as a small business in the Small

Business Administration (SBA) Dynamic Business Search Database under the proper

NAICS Code in order to receive an award. If you are not registered, you may self-certify through the SBA website at http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm.

Be advised: Upon award or at any time during the contract option years, the contract may be incrementally funding IAW DFARS clause 252.232-7007 Limitation of Government’s

Obligation.

IAW DFARS 252.232-7003(b)(1) all invoices shall be submitted via Wide Area Work

Flow (WAWF) located at https://wawf.eb.mil/. (Procedures and POC’s specific to this contract will be added to the contract).

15. The provision at FAR 52.212-1 Instructions to Offerors and 52.212-2 Evaluation –

Commercial Items apply to this acquisition.

Addendum to FAR 52.212-1, Instructions to Offerors

The following is to be added to FAR 52.212-1 paragraph (b):

1. Please provide your price quote on the attached bid schedule. Bid shall not exceed two decimal places. Please note missing this attachment in your proposal submission will result in your proposal being determined unacceptable.

2. The quote in its entirety shall not exceed fifty (50) pages.

3. Please provide the following documentation in your quote:

a. All documents required under #18 of this document.

b. Shall provide a completed copy of FAR 52.212-3, with Alternative I - Offeror

Representations and Certifications-Commercial Items.

c. The Contractor will have and provided a current SAM registration with a Small

Business certification under this solicitation NAICS code size standard.

http://www.sam.gov/ http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm

d. Shall complete and provide representation IAW FAR 52.204-24, and provide additional disclosures, if applicable. See pages 7 through 9 of this document for full provision.

e. Shall complete and provide representation IAW FAR 52.204-26, and provide additional disclosures, if applicable. See page 9 of this document for full provision.

f. Shall complete and provide representation IAW DFARS 252.204-7017 and provide additional disclosures, if applicable. See pages 10 through 11 of this document for full provision.

NOTE: The aforementioned documentation are considered required for a quote to be considered acceptable for contract award.

4. All questions are due on or before 12:00 PM (AKST), 18 March 2022. Answers will be posted to beta.SAM.gov not later than 23 March 2022

5. Offers shall be emailed to Contract Specialist Kara Buwolda via e-mail at kara.buwolda.2@us.af.mil and Contracting Officer Ellen Souhrada via e-mail at ellen.souhrada@us.af.mil. Please DO NOT post offers to beta.SAM.gov. Failure to respond to both may result in being technically unacceptable.

6. Offers are due on or before 04:00 PM (AKST), 04 April 2022. Offers shall be valid for a period no less than 90 days. Please request read receipt on all submitted quotes.

16. The Following Provisions Are Incorporated By Full Text:

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

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

The following factors shall be used to evaluate offers:

(i) Technical

(ii) Price

Award will be made on the basis of the Lowest Evaluated Price of Technically Acceptable quotes in accordance with FAR 13.106-2.

Factor 1 – Technical Factor:

1. Contractor’s proposal shall demonstrate an understanding of the Government’s requirements by including the following:

The Contractor shall submit their technical approach for the completion of this effort and statement acknowledging they have the technical capabilities to perform the requirements as stated in the Description of requirements and attached bid schedule.

The Technical Proposal should be specific and complete. Legibility, clarity, and coherence are very important. Provide as specifically as possible the actual methodology you would use for accomplishing/satisfying the effort as outlined in the attached Description of requirements and attached bid schedule. Address your technical solution for meeting or exceeding the government’s minimum performance or capability requirements. All the requirements specified in the solicitation are mandatory. By your proposal submission, you are representing that your firm will perform all the requirements specified in the solicitation. It is not necessary or desirable for you to tell us so in your proposal.

Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

Contractors will be evaluated as acceptable or unacceptable according to the following definitions:

Acceptable: The proposal clearly meets the minimum requirements of the solicitation.

Unacceptable: The proposal does not meet the minimum requirements of the solicitation.

To receive a Technically Acceptable rating for Factor 1, ALL required documentation must be evaluated as technically acceptable.

Factor 2 – Price: ONLY bids that are evaluated as Technically Acceptable will be evaluated for Price. The price evaluated for this factor will be the sum of the base year and all four option years. Price will be evaluated for reasonableness in accordance with FAR

13.106-23.

Award will be made on the basis of the Lowest Evaluated Price of Technically Acceptable quotes in accordance with FAR 13.106-2 to the Contractor who is determined to be responsible in accordance with FAR 9.103.

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

(End of Provision)

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisition.gov/.

(End of Provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered

Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or https://www.acquisition.gov/

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [] will, [] will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the

Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(ii) For covered services—

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for

Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation (Dec 2019)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of

Covered Defense Telecommunications Equipment or Services, of this solicitation.

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7016 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7018

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018

(Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016 , Covered Defense

Telecommunications Equipment or Services—Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered

(include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision) https://www.sam.gov/ https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7016

17. The Following Provisions are Incorporated by Reference:

FAR 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment and

Other Responsibility Matters (APR 2010)

FAR 52.212-1, Instructions to Offerors – Commercial Items (APR 2014)

FAR 52.212-3 Alt I Offeror Representations and Certifications--Commercial Items

(MAR 2015)

DFARS 252.215-7008 Only One Offer (JUN 2019)

DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other

Than Certified Cost or Pricing Data – Basic (JUN 2019)

18. The Following Clauses Are Incorporated By Reference:

52.203-12 – Limitation On Payments To Influence Certain Federal Transactions

52.203-18 - Prohibition on Contracting With Entities That Require Certain Internal

Confidentiality Agreements or Statements—Representation

FAR 52.204-4 - Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

FAR 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards.

FAR 52.204-13 - System for Award Management Maintenance

FAR 52.204-18 - Commercial and Government Entity Code Maintenance

FAR 52.204-19 - Incorporation by Reference of Representations and Certifications (DEC 2014)

FAR 52.212-4 - Contracts Terms and Conditions – Commercial Items

FAR 52.219-28 - Post-Award Small Business Program Representation (JUL 2013)

FAR 52.219-14 – Limitation on Subcontracting (JAN 2017)

FAR 52.223-5 - Pollution Prevention and Right-to-Know Information

FAR 52.232-1 - Payments

FAR 52.232-39 - Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.237-2 - Protection of Government Buildings, Equipment, And Vegetation (APR 1984)

DFARS 252.203-7002 - Requirement to Inform Employees of Whistleblower Rights (AUG

2019)

DFARS 252.204-7003 - Control of Government Personnel Work Product (FEB 2019)

DFARS 252.204-7012 - Safeguarding of Unclassified Controlled Technical Information (DEC

2019)

DFARS 252.223-7006 - Prohibition On Storage And Disposal Of Toxic And Hazardous

Materials (SEP 2014)

DFARS 252.223-7008 - Prohibition of Hexavalent Chromium (JUN 2013)

DFARS 252.225-7002 - Qualifying Country Sources as Subcontractors (DEC 2017)

DFARS 252-225-7048 - Export-Controlled Items (JUN 2013)

DFARS 252.232-7003 - Electronic Submission of Payment Requests and Receiving Reports

(DEC 2018)

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

DFARS 252.232-7007 Limitation of Government’s Obligation

DFARS 252.232-7010 - Levies on Contract Payments (DEC 2006)

DFARS 252.237-7010 - Prohibition on Interrogation of Detainees by Contractor Personnel (JUN

2013)

19. The Following Clauses Are Incorporated By Full Text:

FAR 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders—Commercial Items (DEVIATION 2018-

O0021)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS

(DEVIATION 2018-O0021) (SEP 2018)

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

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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) 52.204-23, 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 (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.

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

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 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).

(xiii)(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 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Act 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 Act 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.

(End of clause)

Alternate I (2018-O0021) (SEP 2018). As prescribed in 12.301(b) (4)(i), delete paragraph (a) from the basic clause, redesignate paragraph (b) (1) as paragraph (a), and redesignate paragraphs

(b) (1) (i) through (b) (1) (xiv) as paragraphs (a) (1) through (a) (14) and redesignate paragraph

(b)(2) as paragraph (b).

Alternate II (2018-O0021) (SEP 2018). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (a)(1) and (b)(1) for paragraphs (a)(1) and (b)(1) of the basic clause as follows:

(a)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the

Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (a) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (a)(1)(ii) does not flow down;

and

(ii) Those clauses listed in this paragraph (b)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)(41

U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(C)Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)(Section 1634 or Pub.

L. 115-91).

(D) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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.

(E) 52.222-1, Prohibition on Segregated Facilities (Apr 2015)

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

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

(H) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29

U.S.C. 793).

(I) 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.

(J) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. Chapter

67).

(K)__(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

Chapter 78 and E.O. 13627).

__(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. Chapter 78 and E.O.

13627).

(L) 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).

(M) 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).

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

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

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

13706).

(Q)(1) 52.224-3, Privacy Training (Jan 2017)(5 U.S.C. 552a).

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

(R) 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).

https://acquisition.gov/far/current/html/52_222.html#wp1151848

(S) 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.

(T) 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.

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. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. 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 within 30 days.

(End of clause)

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 within

30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 5 years and 6 month.

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address:

https://www.acquisition.gov/.

(End of Clause)

5352.201-9101 PACAF Ombudsman (Oct 2019)

(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, AFICC/KH (Chief Enlisted Manager), 25 E Street, Suite B-100, JBPH-H, HI 96853-5427, Phone: (808) 449-8569, FAX: (808) 449-8571, e-mail: afica.kh@us.af.mil.

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.

AFFARS 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS)

(OCT 2019)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or mailto:afica.kh@us.af.mil

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086 are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-

113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216,

and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]

AFFARS 5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT

INSTALLATIONS (OCT 2019)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and

Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the

Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

AFFARS 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS

(OCT 2019)

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract.

Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify http://static.e-publishing.af.mil/production/1/af_a4_7/publication/afi32-7086/afi32-7086.pdf the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security

Program, and AFI 31-501 <http://www.e-publishing.af.mil/pubfiles/af/31/afi31-501/afi31-

501.pdf>, Personnel Security Program Management, as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

20. Defense Priorities and Allocations System (DPAS) and assigned rating, is not applicable.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021)

(a) Definition. As used in this clause –

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin

Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra

Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring

Adequate COVID Safety Protocols for Federal Contractors, dated September

9, 2021 (published in the Federal Register on September 14, 2021, 86 FR

50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this agreement, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force

Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed $250,000 and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

The Government will take no action to enforce the clause implementing requirements of

Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/.

Ellen F. Souhrada

Contracting Officer

766 ESS/ PKD

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