RFQ_FA527019QB006.pdf
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- MAINTENANCE OF 4 BAY TEST CELL FACILITY Federal contract opportunity
- Solicitation number
- FA527019QB006
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RFQ FA527019QB006
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| File | Type | Posted |
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| RFQ_FA527019QB006-A0001.pdf | ||
| Attach-3_Question_Form.pdf | ||
| Attach-2__Past_and_Present_Performance_References.pdf | ||
| Attach-1_PWS.pdf |
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RFQ No.: FA527019QB006
- Page 1 of 20 -
REQUEST FOR QUOTATION (RFQ)
FA527019QB006
Solicitation Issue Date: 6 March 2019
From: 18th Contracting Squadron To: All Qualified Interested Parties
Unit 5199, Bldg 95 Kadena Air Base, Japan Your Company Name: _________________
APO AP 96368
POC:A1C Brenden Schumacher TEL: 098-938-1111 ext 634-1211
DSN 315-634-1211
E-mail: brenden.schumacher@us.af.mil CONTRACTING OFFICER: Ken Kuresaki Tel No.: 634-0022 (DSN)/ 098-938-1111, ext 634-0022 (Commercial) E-mail: ken.kuresaki.jp@us.af.mil
Questions must be received NLT: 19 March 2019, 10:00 am (Japan Standard Time) Quotation must be received NLT: 9 April 2019, 10:00 am (Japan Standard Time)
This procurement is being solicited under the Federal Acquisition Regulations FAR Part 12, Acquisition of Commercial Items and FAR Part 13.5 Simplified Procedures for Certain Commercial Items.
mailto:brenden.schumacher@us.af.mil mailto:ken.kuresaki.jp@us.af.mil
- Page 2 of 20 -
ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED
AMOUNT
Base Year
MAINTENANCE OF 4 BAY TEST CELL
FFP
PoP: 1 May 2019 – 30 April 2020
12 Months
The contractor shall provide sustainable facility maintenance at a fully operational level IAW the Preventive Maintenance of 4 Bay Test Cell PWS, Attachment 1 dated 3 March 2019.
NET AMT
Base Year
MAINTENANCE OF ADAS
FFP
PoP: 1 May 2019 – 30 April 2020
12 Months
The contractor shall maintain the Automated Data Acquisition System (ADAS) at a fully operational level IAW the Preventive Maintenance of 4 Bay Test Cell PWS, Attachment 1 dated 3 March 2019.
Base Year
PARTS AND MATERIALS
NTE
PoP: 1 May 2019 – 30 April 2020
1 Set NOT REQUIRE
NOT REQUIRE The contractor shall obtain materials for the 4 Bay Test Cell Facility IAW the
Preventative Maintenance of 4 Bay Test Cell PWS, Attachment 1 dated 3 March 2019.
The contractor shall be reimbursed for material, parts and supplies only.
Option
MAINTENANCE OF 4 BAY TEST CELL
FFP
PoP: PoP: 1 May 2020 – 30 April 2021
12 Months
The contractor shall provide sustainable facility maintenance at a fully operational level IAW the Preventive Maintenance of 4 Bay Test Cell PWS, Attachment 1 dated 3 March 2019.
- Page 3 of 20 -
Option
MAINTENANCE OF ADAS
FFP
PoP: 1 May 2020 – 30 April 2021
12 Months
This is a personal service contract.
The contractor shall provide the personal services of one (1) full time Behavioral Health Care Facilitator (BHCF) Clinical Nurse to provide mental health clinical case management, care coordination and disease management for Kadena 18th Medical Group. See the Performance Based Work Statement (PWS, Attachment 1) dated 3 March 2019 for details of work and qualifications required.
Option Year
PARTS AND MATERIALS
NTE
PoP: 1 May 2020 – 30 April 2021
1 Set NOT REQUIRE NOT REQUIRE
The contractor shall obtain materials for the 4 Bay Test Cell Facility IAW the Preventative Maintenance of 4 Bay Test Cell PWS, Attachment 1 dated 3 March 2019.
The contractor shall be reimbursed for material, parts and supplies only.
The following provisions and clauses apply to this acquisition:
52.203-3 Gratuities Apr 1984 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-3 Offeror Representations and Certifications -- Commercial Items Nov 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.225-14 Inconsistency Between English Version and Translation of Contract FEB 2000 52.228-3 Workers’ Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas APR 1984 52.232-18 Availability of Funds (APR 1984)252.201-7000 Contracting Officer's Representative 252.203-7000 Requirements Relating to compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.204-7011 Alternative Line Item Structure 252.204-7012 Safeguarding of Unclassified Controlled Technical Information 252.204-7015 Notice of Authorized Disclosure of Information to Litigation Support 252.222-7002 Compliance with Local Labor Laws (Overseas) 252.222-7007 Representation Regarding Combating Trafficking in Persons 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 252.225-7976 Contractor Personnel Performing in Japan (DEVIATION 2018-O-0019) 252.232-7003 Electronic Submission of Payment Requests and Receiving
- Page 4 of 20 -
252.232-7008 Assignment of Claims (Overseas) 252.232-7010 Levies on Contract Payments 252.233-7001 Choice of Law (Overseas) 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7002 Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Items
Addenda to FAR 52.212-1 Instructions to Offerors - Commercial Items (Jan 2017)
Paragraphs 52.212-1(b), “Submission of Quotation,” and 52.212-1(f), “Late submissions, modifications, revisions, and withdrawals of quotation,” are deleted in their entirety and replaced with 52.215-1(c), “Submission, modification, revision, and withdrawal of quotation,” by reference.
Paragraph 52.212-1(c), “Period for Acceptance of Quotation,” is tailored as follows: “The quoter agrees to hold the prices in its quotations firm for 60 calendar days from the date specified for receipt of quotation.”
The following is inserted as new paragraph (m) of the provision:
“(m) Quotation Preparation Instructions.
The quotation must be complete, self-sufficient, and respond directly to the requirements of this solicitation.
SPECIFIC INSTRUCTIONS:
Insert unit prices for Contract Line Item Number (CLINs) 1. Submit one (1) copy.
Not Exceed Amount for CLIN 0003 and1003 will be determined by the Government during award of this contract.
Therefore these CLINs are not required for qoutation amount.
Fill out the below Vender information blocks.
Quoters shall submit electronic copies of quotations via e-mail. Files are not to exceed 3 MB. By submitting an electronic copy, quoters assume all risk of quotation 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. Submit quotations & all files electronically, no later than specified closing date and time (Japan Standard Time) on the above to the following email addresses:
Brenden Schumacher, brenden.schumacher@us.af.mil
Lucas Villanueva, lucas.villanueva.3@us.af.mil
Ken Kuresaki, ken.kuresaki.jp@us.af.mil mailto:lucas.villanueva.3@us.af.mil mailto:ken.kuresaki.jp@us.af.mil
- Page 5 of 20 -
VENDOR INFORMATION
ORDERING
ADDRESS
POINT OF CONTACT PHONE NUMBER FAX NUMBER
E-MAIL ADDRESS REMIT TO ADDRESS CAGE CODE TAX ID NUMBER
DUNS NUMBER SIZE OF BUSINESS WEB ADDRESS QUOTATION DATE
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, Quoter’s 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 an quoter fill-in. (Not required if register in ORCA)
Quoter shall insert unit and extended prices for each Contract Line Item Number (CLIN).
Quoters shall submit Past Performance Information no more than 1 page per contract reference (not to exceed 3 references) containing information described in Attachment 2 of the solicitation. Only provide references for similar past efforts/contracts that provide Facility repairs and Automated Data Acquisiton System (ADAS). Furnished the following information for each contract referenced of Attachment 2.
(i) Company/ Name of Offeror
(ii) Type of Service (Title of Project)
(iii) Contracting Agency/Customer and Address
(iv) Period of Performance
(v) Contract # or equivalent Identifier – if none, type” No contract number or identifier”
(vi) Contract Amount (Yen or $)
(vii) Verified, up-to-date name, address, FAX, email address, and telephone number of point of contact (POC) - the contracting Officer or equivalent personnel of contracting agency/customer
(viii) Remarks - Comments regarding compliance with contract terms and conditions.
Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the quotation a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.
GENERAL INFORMATION:
CONTRACTOR INQUIRIES:
Formal communications/inquiries, such as requests for clarifications and/or information concerning the solicitation MUST be submitted in writing. When addressing questions concerning any aspect of the solicitation, please fill out the page number, section, and paragraph number on the Question Form (Solicitation Attachment 3). Quoters shall submit the questions by email by 10:00 am 19 March 2019.
- Page 6 of 20 -
ADDENDUM TO FAR 52.212-2, EVALUATION--COMMERCIAL ITEMS:
(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate quotations:
(1) Price
(2) Past Performance
(b) Options. The Government will evaluate quotations 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 quotation 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 an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
Addendum to FAR 52.212-2, Evaluation - Commercial Items
“(d) BASIS FOR CONTRACT AWARD: This is a competitive Lowest Price Acceptable Performance (LPAP) evaluation conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Air Force Federal Acquisition Regulation Supplement (AFFARS). By submission of its quotation in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors – Commercial Items, the quoter accedes to the terms of this model contract. Failure to meet a requirement may result in a quotation being determined unacceptable.
Award will be made to the lowest Total Evaluated Price (TEP) quotation that meets the acceptability standards for non-price factors. The evaluation process will include the following:
(1) Price Evaluation Factor. The government will rank all quotations by TEP. The price evaluation will document the fairness and reasonableness of the TEP.
Total Evaluated Price: A TEP will be computed for each quotation in order to meet the requirements of FAR Parts 6 and 17. The price of a six-month extension authorized by 52.217-8, Option to Extend Services, will be added to the quotation price for all contract performance period.
The TEP is a two-part computation. First, the quoter’s total price will be determined by multiplying the quantities identified by the unit price, limited to two decimal places, for each Contract Line Item Number.
(CLIN) to calculate the extended total amount for each CLIN. Then in order to calculate the total quoted price, all extended amounts will be added together. Secondly, the total quoted price plus the total sum of the Option to Extend Services CLINs will constitute the TEP.
The formula for the Option to Extend Services amount is as follows:
Base Year = CLIN 0001/0002 Unit Amount x 1.5 Option Year 1 = CLIN 1001/1002 Unit Amount x 1.5
Evaluating the Option CLINs does not obligate the government to exercise the Options.
(2) Past Performance. The Government will seek recent and relevant performance information on all quoters based on the references provided by the quoter and data independently obtained from other Government or commercial sources.
- Page 7 of 20 -
Recent performance information includes relevant contracts performed for the Department of Defense, Government of Japan, US Government agencies, and commercial customers within the last three (3) years from the issuance date of the solicitation.
Relevant performance includes performance of efforts involving the performance of Facility repairs and ADAS System maintenance service efforts that are similar in scope, magnitude, and complexity to the effort described in this solicitation. The purpose of the past performance evaluation is to assess the degree of confidence the Government has in the quoter’s ability to provide this service that meet the solicitation requirements based on the quoter’s demonstrated record of performance. Past performance regarding predecessor companies who have relevant experience or subcontractors that will perform major or critical aspects of the requirement will be rated as highly as past performance information for the principal quoter. Past Performance will be rated on an
“Acceptable” or “Unacceptable” basis (refer to Past Performance Ratings Table).
Subfactor – Experience in Automated Data Acquisition System (ADAS)
The Government will assess the offeror’s experience in ADAS. The onsite contractor shall have two years minimum experience on structural inspection/repair, electrical inspection/repair and plumbing inspections/repair. The contractor should have in-depth technical knowledge of the jet engine operational parameters and how they connect and interface with the facility and ADAS system. The offeror’s qoutation must be Acceptable in experience subfactor. The government will evaluate if the offeror demonstrated a minimum of 2 years (Government or Commercial) experience within 3 years from the date of this solicitation’s issuance, experience in maintenance, repair, and upgrade IAW PWS.
Past Performance Rating Descriptio
Acceptable Based on the quoter’s performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter’s performance record is unknown.
Unacceptable Based on the quoter’s performance record, the Government does not have a reasonable expectation that the quoter will be able to successfully perform the required effort.
Note: In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating cannot be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance.
Therefore, the quoter shall be determined to have an unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral shall be considered “acceptable.”
(3) Integrated Assessment. The Government reserves the right to award a contract to other than the lowest price quotation. Award will be made to the lowest priced quoter, based on TEP, that meets acceptability standards for non-price factors.
Subjective judgment on the part of the Government is implicit in the evaluation process. Compliance with evaluation criteria is determined solely by the Government.
Quoters are cautioned to submit sufficient information and in the format specified in the FAR 52.212-1 and/or its addendum. Quoters may be asked to clarify certain aspects of their quotation (for example: the relevance of past performance information) or respond to adverse past performance information to which the quotation has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for quotation revision.
- Page 8 of 20 -
The Government intends to award a contract without discussions with respective quoter. The Government, however, reserves the right to conduct discussions if deemed in its best interest.
To be eligible to receive an award resulting from this solicitation, contractors must be registered on the System for Award Management site. NO EXCEPTIONS will be made. To register, you may apply through the Internet at https://www.sam.gov
(End of Provision and Addendum)
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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.
3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 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).
https://www.sam.gov/
- Page 9 of 20 -
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 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 Set-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—Subcon-tracting 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 (July 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)).
- Page 10 of 20 -
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
____ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Sept 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 (July 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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 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 (June, 2016) (E.O. 13693).
____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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 Televisions (Jun 2014) (E.O.s 13423 and 13514).
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____ (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[supreg]-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 (June, 2016) (E.O. 13693).
____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (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).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (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)).
X (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.
3332).
____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).
____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
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____ (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 (Sept 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
- Page 13 of 20 -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 (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sept 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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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) (E.O. 13658).
(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.
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(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).
(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(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)
52.217-8 -- 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 60 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 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 24 months.
(End of Clause)
252.201-7000 Contracting Officer's Representative. (Dec 1991)
(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States.
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.
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(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 PGI 225.372-1.
252.232-7006 Wide Area WorkFlow Payment Instructions
(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).
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“2-n-1 format” for services only
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
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 PayOfficial DoDAAC: TBD Issue By DoDAAC: FA5270 Admin DoDAAC: FA5270 Inspect By DoDAAC: TBD
(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.
brenden.schumacher@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.
18 CONS.WAWF@us.af.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-615988.
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(es):
http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffara.htm mailto:18%20CONS.WAWF@us.af.mil http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffara.htm
- Page 17 of 20 -
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 quotations, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen 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)
5352.223-9001 Health and Safety on Government Installations (Nov 2012)
(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)
5352.242-9000 Contractor Access to Air Force Installations http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/
- Page 18 of 20 -
(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 and insurance certificate 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)
5352.242-9001 Common Access Cards (CAC) for Contractor Personnel (Nov 2012)
(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria:
(1) Require logical access to Department of Defense computer networks and systems in either:
(i) the unclassified environment; or
(ii) the classified environment where authorized by governing security directives.
(2) Perform work, which requires the use of a CAC for installation entry control or physical access to facilities and buildings.
(b) Contractors and their personnel shall use the following procedures to obtain CACs:
(1) Contractors shall provide a listing of personnel who require a CAC to the contracting officer. The government will provide the contractor instruction on how to complete the Contractor Verification System (CVS) application and then notify the contractor when approved.
(2) Contractor personnel shall obtain a CAC from the nearest Real Time Automated Personnel Identification Documentation System (RAPIDS) Issuing Facility (typically the local Military Personnel Flight (MPF)).
(c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy.
(d) During the performance period of the contract, the contractor shall:
(1) Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing government official;
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(2) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access;
(3) Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date; and
(4) Report lost or stolen CACs in accordance with local policy/directives.
(e) Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location…
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