Finalized_BPA_RFQ.DOC

RFQ No. FA5270-18-Q-B003

Combined Synopsis/Solicitation for Oxygen, General Gas, and Dry Ice, Okinawa, Japan

RFQ No. FA5270-18-Q-B003

1. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and FAR Subpart 13.303, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation FA5270-18-Q-B003 is being issued as a Request for Quotation (RFQ). This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Regulations (FAR). All responsible sources may submit a quote.

2. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-95 - 19 Jan 2017; DPN 20161104 -22 Dec 2016; and AFAC 2017-1003 - 3 Oct 2017.

3. The North American Industry Classification System (NAICS) code is 325120 (Industrial Gas Manufacturing). This requirement will be utilize full and open competition and will not provide for any socio-economic set asides. Small business size standards are not applicable to this acquisition.

4. Offerors must be registered in the System for Award Management (SAM) at http://www.sam.gov/, in order to be considered for award. A current copy of a prospective awardee’s Reps and Certs will be validated using the SAM website prior to the issuance of an award.

5. For information regarding the service acceptor or point of acceptance, please refer to clause 252.232-7006 (incorporated by full text) below.

6. The following commercial provisions and clauses are applicable to this acquisition: 52.212-1 along with its addenda, 52.212-2, 52.212-3, 52.212-4, and 52.212-5.

7. Except for what’s listed within this Combined Synopsis/Solicitation, there are no other additional terms and conditions that the Contracting Officer has considered to be necessary for this acquisition and consistent with commercial practices.

8. This notice is a request for competitive quotations. Therefore, all quotations received prior to the RFQ close date will be considered.

9. All quotations, and/or questions shall be submitted in writing, via email to A1C Matthew Tsueda at Matthew.Tsueda@us.af.mil and SrA Jonathan Andrews at Jonathan.Andrews.4@us.af.mil. Quotes are due no later than 1200 hrs JST (Japan Standard Time) on 4 Dec 2017. Any potential amendments will be posted in the same fashion as the solicitation. All Contractors who provide goods/services to the DoD must be registered in the System for Award Management (SAM). Failure to comply with SAM registration will deem the Offeror ineligible for award.

10. All quotes must remain valid until 1 March 2018.

QUANTITY

Oxygen, General Gas, and Dry Ice Pre-Priced Blanket Purchase Agreement (BPA)

Oxygen, General Gas, and Dry Ice services in accordance with Performance Work Statement (PWS) Insert offered unit price in Price Exhibit A, Price List

NET AMT

Exhibit A Price List

Pre-Priced Blanket Purchase Agreement (BPA)

FA5270-17-A-XXXX (TBD), Oxygen, General Gas, Dry Ice

Name of Company

Name of Representative

Signature

*Award shall be based on the best value to the Government for the quote meeting the above mentioned specifications.

CONTRACTOR INFORMATION

Notice to Offeror(s) Note 1: The Government contemplates award of up to two (2) pre-priced Blanket Purchase Agreements (BPAs) resulting from this solicitation.

Note 2: Solicitation provisions will be physically removed from any resultant award, but will be deemed to be incorporated by reference in the award.

Note 3: Submit offers in whole numbers only, no fractions less than one (1) yen.

Note 4: Award will be made using DD Form 1155.

TERMS AND CONDITIONS

1. Description of Agreement: Contractor shall furnish, under this Blanket Purchase Agreement (BPA), oxygen, general gas, and dry ice in accordance with the Exhibit A (Price list) and Performance-Based Work Statement (PWS), during the period of performance: 1 Jan 2018 thru 31 Dec 2022

a. Either party may modify or cancel this BPA, in its entirety upon thirty (30) days written notice to the other party. The Government may cancel this BPA at any time if the parties fail to agree upon any deletion, amendment or addition to this BPA when statute, Executive order, the Federal Acquisition Regulation (FAR) and/or this Supplement requires. No deletion, modification, addition to, or cancellation of this BPA shall affect any contracts entered into between the parties in which this BPA or portion thereof has been incorporated by reference

b. This BPA will be reviewed, as a minimum, annually before the anniversary of its effective date, and be revised to conform to all requirements of statutes, Executive orders or the FAR and its Supplements. An agreement modifying this BPA or the issuance of a superseding BPA shall be evidence of this revision.

2. Extent of Obligation: The United States Government is obligated only to the extent of authorized calls actually placed by authorized personnel, identified by the Contracting Officer, against authorized line items.

3. Purchase Limitation: No individual call by the authorized caller under this BPA shall exceed $25,000.00 (18 LRS)/ $5,000.00 (18 MDG) unless specifically approved by the Contracting Officer. The Contracting Officer and the authorized representative individual ordering limitations are indicated in the letter, subject: ‘NOTICE OF INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA AND DOLLAR LIMITATIONS BY TITLE OF POSITION OR NAME.’

4. Individuals Authorized to Place Calls:

A list will be provided of individuals authorized to place calls under this BPA, identified by name, title or position and the individual dollar limitation per call. Only those individuals identified in the letter are authorized to place calls under this BPA. Calls received by the Contractor from personnel not listed will not be honored nor will any resultant deliveries be accepted. The Contractor is responsible for proper verification of authorized personnel placing calls against this BPA. The 18th Contracting Squadron, Contracting Officer is designated as the representative of the Contracting Officer for the purpose of technical supervision, inspection and acceptance under this BPA.

When Government requirements arise, those persons contained in the notice are authorized to make purchases against this BPA. If the contractor receives a request from a person who is not listed in the letter described in this paragraph, the Contractor will not accept the order until he/she first confirms verification and authority of the person trying to make the call. All confirmations will be made by contacting the Contracting Officer, Contract Specialist or Buyer at 18th Contracting Squadron, LGCB at Ext: 634-5962 or Matthew.Tsueda@us.af.mil.

5. Price List: The Contractor shall provide the Contracting Officer firm prices for a minimum period of one (1) year, unless longer or shorter period is approved by the Contracting Officer. All Price List will be submitted to the 18th Contracting Squadron. Price list will be furnished as an original and one copy and shall reflect the following:

a. Name of Contractor

b. Unit Price(s) of the supplies/services offered

c. Prompt payment discount terms, if any;

d. Specify effective dates on price list, Example YYMMDD thru YYMMDD

e. Signature of the Contractor or authorized representative

f. The Contracting Officer shall approve all price lists and/or request for price changes in writing.

g. The requiring activity will place calls only against the price list(s) approved by the Contracting Officer. Price charged to the U.S. Government shall be as low or lower than those prices charged the Contractor’s most favored customer. The U.S. Government shall also be allowed any quantity and prompt payment discounts normally given the most favored customer. Any discounts will be shown on delivery tickets and invoices.

6. Ordering Procedure: When multiple BPAs are awarded, calls will be made under this BPA which is able to provide the service at a lower price for each call based on the prices in the Exhibit A (Price List).

7. Calls: Calls will be made either orally or written by the written notice authorized caller.

8. Acceptance of Calls: The Contractor shall notify the Government of its written acceptance of a call, either by e-mail or fax, stating that the Contractor’s intent to perform the service within one (1) day after receipt of the call. Upon acceptance of a call, the Contractor is obligated to perform the service.

9. Pricing: Calls will be made for only the items that appear on the APPROVED PRICE LIST. Only the Contracting Officer will conduct negotiation or solicitation for prices and additional requirements.

10. Delivery Tickets/Sales Slip: All deliveries and/or shipments under this BPA shall be accompanied by two (2) carbon copies of a delivery ticket or sales slip, which shall contain the minimum information listed below:

a. Name of Supplier.

b. BPA Number.

c. Date of Call

d. Call Number.

e. Date of Delivery

f. Itemized List of Services Furnished.

g. Quantity, United Price and Extension of Each Item, Less Applicable Discounts.

11. Invoices: The contractor shall submit and process invoice using IRAPT (Formerly WAWF) in accordance with DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Contractors shall access and register with the IRAPT system by visiting https://wawf.eb.mil. The POC will verify that all services have been performed in a satisfactory manner and accept services performed, processing invoice by the system within five (5) working days for payment.

12. Vehicle Compliance: Contractor shall ensure that all vehicles operated as part of this BPA fully complies with all U.S. forces traffic rules, laws, regulations, and instructions.

13. Receipt/Inspection/Acceptance: Responsibility for receiving, inspecting and accepting the services called for under this BPA is assigned to the government representative.

14. U.S. Legal Holidays: The U.S. Legal Holidays are as listed below:

1 January

New Year’s Day

3rd Monday of January Martin Luther King’s Birthday

3rd Monday of February

President’s Day

Last Monday of May

Memorial Day

4th July

Independence Day

1st Monday of September Labor day

2nd Monday of October

Columbus Day

11th November

Veteran/s Day

4th Thursday of November Thanksgiving Day

25th December

Christmas Day

NOTE: If holiday should fall on a Saturday, it will be observed on the preceding Friday and if it falls on a Sunday, it will be observed on the following Monday.

15. Passes for Contractor’s Employees: The contractor shall submit a request for base passes for his/her employees to the 18th Contracting Squadron. The Government reserves the right to obtain certification of receipt for all base passes upon termination of employment of this agreement.

16. Removal of Contractor Employees

a. The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. The Contacting Officer may require that the Contractor remove from the Government job employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interests of military security.

b. The Contracting Officer, in writing, may require the Contractor to remove from the work site, area, or base, objectionable employees.

c. The Contractor agrees to insert the substance of this clause, including this Paragraph in all subcontracts hereunder.

The following provisions and clauses to include addenda shall apply to this acquisition:

The following provisions and clauses are incorporated by reference, they can be read in their full text at http://farsite.hill.af.mil/.

52.212-1 Instructions to Offerors – Commercial Items 52.212-3 Alt I Offeror Representations and Certifications -- Commercial Items 52.212-4 Contract Terms and Conditions Commercial Items 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan 52.225-14 Inconsistency Between English Version and Translation of Contract 52.228-4 Worker’s Compensation and War-Hazard Insurance Overseas 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7011 Alternative Line Item Structure 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Disclosure of Information to Litigation Support Contractors 252.215-7007 Notice of Intent to Resolicit 252.222-7002 Compliances with Local Labor Laws (Overseas) 252.225-7012 Preference for Certain Domestic Commodities 252.225-7041 Correspondence in English 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7008 Assignment of Claims (Overseas) 252.232-7010 Levies on Contract Payments 252.233-7001 Choice of Law Overseas 252.243-7002 Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Items The following provisions and clauses are incorporated by full text.

52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (Jan 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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. 4704 and 10 U.S.C. 2402).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

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

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

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

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

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

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

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

_ __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

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

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

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

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

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

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

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(END OF CLAUSE)

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 this address:

http://farsite.hill.af.mil

(END OF PROVISION)

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 address:

http://farsite.hill.af.mil

(END OF CLAUSE)

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 from the appropriate Antiterrorism/Force Protection Office at the Command Headquarters. Also see https://atep.dtic.mil.

(END OF CLAUSE)

252.232-7006 - WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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.

(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.acquisition.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) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. FOB Destination.

(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 F68800

Issue By DoDAAC

FA5270

Admin DoDAAC

FA5270

Inspect By DoDAAC

F2H3D4 (18 LRS) F2H4A1 (18 MDG)

Ship To Code

F2H3D4 (18 LRS) F2H4A1 (18 MDG)

Service Acceptor (DoDAAC)

F2H3D4 (18LRS) F2H4A1 (18 MDG)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Contract Administrator:

Matthew.Tsueda@us.af.mil Contracting Officer:

Andrea.Strong@us.af.mil

(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. 18CONS.WAWF@us.af.mil

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

(END OF CLAUSE)

5352.242-9000 Contractor Access to Air Force Installations

(a) The contractor shall obtain base identification and vehicle passes, if required, 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 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 Forces 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 [insert any additional requirements to comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management] citing the appropriate paragraphs 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.

(End of clause)

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:

Air Force Installation Contracting Agency (AFICA)/KP Director

1940 Allbrook Drive, Building 1

Wright-Patterson AFB OH 45433

Phone: (937)257-5529

Fax: (937)656-0919

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

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

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

(END OF CLAUSE)