FA5422-20-Q-3009 Combo.pdf

Combined Synopsis Solicitation:

Heavy Equipment Blanket Purchase Agreement (BPA)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

submissions are being requested and a written solicitation will not be issued.

(ii) The Solicitation Number is: FA5422-20-Q-3009

(iii) The solicitation document and incorporated provisions and clauses are those in effect through the following:

30-Mar-20

08-Apr-20

Federal Acquisition Circular (FAC): 2020-05

DFARS Publication Notice (DPN): 20200408

Air Force Federal Acquisition Circular (AFAC): 20191001 01-Oct-19

Size Standard: $35 millio(iv) NAICS code: 532412

This is a(n) 100% unrestricted, full and open solicitation.

The corresponding index entry is: Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing

(v) Please see attached Pricing Schedule for a list of contract line item number(s) and items, quantities and units of measure, (including option(s), if applicable).

(vi) Description of the Requirement:

Heavy Construction Equipment

(vii) Period of Performance or Delivery Date can be found on the Pricing Schedule.

The FOB point is: Destination

Place of Performance ---or---

Delivery Address

Camp Lemonnier, Djibouti, Africa Chabelley Airfield, Djibouti, Africa

(viii) FAR 52.212-1 Instructions to Offerors -- Commercial Items is hereby incorporated by reference, with the same force and effect as if it were given in full text. In addition to any addendum provided via attachment to this Solicitation, all terms and conditions of FAR 52.212-1 remain in effect.

March 2020

(ix) FAR 52.212-2 Evaluation -- Commercial Items this provision has been tailored to this procurement and is provided via attachment to this Solicitation.

October 2014

(x) Each offeror shall ensure the provision at FAR 52.212-3 including its Alternate I, Vendors Representations and Certifications--Commercial Items are updated at www.sam.gov. Failure to obtain SAM registration MAY result in submissions not being considered for award.

March 2020

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items is hereby incorporated by reference, with the same force and effect as if it were given in full text.

October 2018

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders

– Commercial Items is hereby incorporated by reference, with the same force and effect as if it were given in full text. All provisions and clauses can be found in the Attachments.

March 2020

(xiii) If any warranties are required beyond those customarily provided on a procurement of this nature, they will be specifically mentioned in the Pricing Schedule located within the Attachments.

(xiv) Defense Priorities and Allocations System (DPAS): N/A

(xv) Questions are due by: Monday, 1 June, 2020 11:00 PM EAT

Offers are due: Wednesday, 10 June, 2020 11:00 PM EAT

(xvi) The POC for this solicitation is listed below, all responses, questions and submissions shall be sent to the designee listed below:

POC email: francoise.m.douala.mil@mail.mil

POC Mailing Address: PSC 831, Box 67

FPO, AE 09902

POC Name: Francoise Douala

POC phone: 253-77-077-339

List of Attachments:

Attachment

Number Name of Attachment Attachment

DatePages

1 PWS 3-5 27-Apr-20

2 Price List Structure 6 27-Apr-20

3 Clauses and Provisions 7-66 24-Apr-20

1405246771A Sticky Note Unmarked set by 1405246771A

PERFORMANCE WORK STATEMENT (PWS)

FOR

HEAVY EQUIPMENT RENTAL

BLANKET PURCHASE AGREEMENT (BPA)

1.0 SUMMARY OF REQUIREMENTS

1.1 The 726 and 776 Expeditionary Air Base Squadrons require rental of heavy construction equipment to assist with projects, repairs, and maintenance. Equipment of equivalent capacity and capability to those identified in this PWS and attachment two (2), may be approved for use solely at the Government’s discretion. Parts, maintenance and services may be requested for a variety of heavy construction equipment (Eg: Graders, Cranes, Asphalt Pavers, Sweepers, Rock Dumps, Dozers, and Loaders). Unless noted specifically in writing, all heavy construction equipment proposed in bid submissionS IAW the equipment list shall be 2018 or newer with 6000 hours or less..

Period of Performance: Required dates for the BPA will be 20 June 2020 through 20 June 2023.

2.0 Specific Equipment Requirements:

2.1 Crane: Require 1 EACH 50 Ton or greater crane. Equipment must be within 10 years of manufacture date and have documented proof of maintenance required by the manufacturer. The crane should include a licensed operator and rigging equipment. The maximum capacity at a minimum should be at least 50 Tons. The crane should be mobile and be able to move and set-up in multiple locations throughout the duty day.

2.2 Man-lift: Require 4 EACH man-lifts with telescopic boom: Equipment must be within 5 years of manufacture date. Platform height must be capable of reaching at a minimum 59 feet 8 inches/18,2 meters while supporting a 1000 lbs/454 kg load that includes 2 personnel. Platform should also be able to rotate at a minimum 160 degrees at all heights. Platform should include fall arrest attachment points and an inward swinging gate. All functions of the man-lift should be controllable from the platform and ground.

2.3 Scissor Lift: Require 2 EACH scissor lifts. Equipment must be within 5 years of manufacture date. Platform must be capable of reaching a minimum working height of 12,2 meters/40 feet while supporting a 2550 lbs/1157 kg load that includes 2 personnel. Platform should include fall arrest attachment points and an inward swinging gate. All functions of the man-lift should be controllable from the platform and ground. Platform must be extendable a minimum of 3 meters/9 feet with minimum weight capacity of 1400 lbs/ 635 kg fully extended.

3.0 Delivery:

The equipment must be delivered to and picked up from the following locations:

Camp Lemonnier Djibouti Africa (CLDJ) and Chabelley Airfield Djibouti Africa (CADJ)

3.1 The heavy construction equipment delivery and pick up hours are 0800 – 1500 East Africa Time (EAT), Monday through Friday. However, these days will need to be confirmed with the

Attachment 1

Contracting Officer (CO) or the Contracting Officer’s Representative (COR). The contractor will supply all required materials and tools to deliver and pick up the equipment. It will be the responsibility of the Contractor to obtain all necessary local hauling permits for delivery/pick up.

3.2 If the heavy equipment is delivered late, or there is loss of use for equipment that has not been properly maintained and delivered in a timely manner, the contractor will have the contract amount reduced on a pro-rated basis. The pro-rate will account for the number of days during which the Government has lost usage of the equipment (rounded up to the nearest whole day).

4.0 Preventative and corrective maintenance:

4.1 The contractor shall provide equipment maintenance including all normal periodic maintenance typically performed during normal operation. This includes but is not limited to: the replacement of filters, oils, coolant, hydraulic fluids, etc. All necessary equipment maintenance shall be completed prior to delivery, such that the equipment is ready for use when delivered to the Government. Contractor must provide at least 24-hours’ notice to the user before any scheduled maintenance is to be performed. If a maintenance issue prevents the equipment from being utilized, contractor will assess the equipment within 3 days of being notified of the issue.

If a piece of equipment cannot be utilized for 7 days or more, the contractor will provide a replacement piece of equipment with, at a minimum, the same specifications. The equipment shall be fully fueled at the beginning of the rental period. Thereafter, the Government will be responsible for refueling, and the Government will return the equipment fully fueled.

4.2 If it is determined that physical damage to the equipment is caused by Government, the Government will be responsible for the cost of repairs, however, the supplier will still be required to facilitate and/or perform all repairs of the equipment. The repair cost estimate will be submitted to the Government for review and approval prior to the commencement of any repairs.

4.3 If the equipment fails or is unusable (failure not caused to abuse), the contractor will have the contract amount reduced on a pro-rated basis. The pro-rate will account for the number of days during which the Government has lost usage of the equipment (rounded up to the nearest whole day). The pro-rate will occur on the condition that the contractor cannot a substitute piece of equipment acceptable to the Government, and deliver to the site within a period considered acceptable by the Contracting Officer. Substitutes or the failed equipment shall be made available at full operating condition within twenty-four (24) hours of the prior equipment breakdown. The contractor shall respond to service calls within 4 hours of notification.

Emergency contact numbers shall be posted in the cab of the crane

5.0 Proposal Submissions:

5.1 All bids submitted must be accompanied by descriptive literature of the machine. This literature shall include dimensions and capacities of the heavy equipment in the form of a general dimension drawing and operating specifications. The information must be clearly marked within the literature. Failure to submit descriptive data will render the offer non-responsive. Contractor shall submit the type and model of equipment with full load charts and specifications to the government contracting officer within 5 days of contract award.

5.2 The Agreement will be structured with one (1) CLIN. The first CLIN (CLIN 0001) will be the fixed daily cost for a Contractor-Owned, and Goverment-Operated heavy equipment rentals.

INVOICE/SALES SLIP

In order to ensure proper documentation of maintenance actions on heavy equipment, all maintenance, parts and services provided under this agreement shall be accompanied by an original itemized invoice or receipt indicating the service/maintenance that was completed and/ or the parts that were provided. The contractor shall provide a copy of the invoice or sales slip within 5 business days of completion/delivery to CLDJ or CADJ. It shall contain the following information:

a. Name of supplier.

b. Blanket Purchase Agreement Number.

c. Date of Purchase.

d. Itemized list of labor/parts provided.

e. Quantity, unit price, and extension of each item, less applicable discounts.

f. Date of final delivery.

EVALUATION FACTORS

A. Factor 1: Price B. Factor 2: Technical Capability Basis for Contract Award: This competitive award will utilize the Lowest Price Technically Acceptable (LPTA) selection method. The Government intends to award this BPA to the three lowest price technically acceptable vendors. However, if there are less than three acceptable proposals, then the Government will only award to the number of vendors that are technically acceptable. If no proposals are acceptable then the Government reserves the right to make no award as result of this solicitation..

Offerors shall submit a Firm Fixed Price for each heavy equipment, to include a description of each the equipment. The prices given for each equipment must be entirely inclusive of all costs for delivery and rental in daily increments. Price: Price will be evaluated using techniques established in FAR 15.404-1 to ensure the Government receives a fair, reasonable, and balanced price.

Technical Acceptability: The technical evaluation provides an assessment of the offeror’s capability to satisfy the Government’s requirements. The Government will evaluate all technical capability proposals received by the required date/time. Each Technical Capability factor will receive a rating of acceptable or unacceptable. If any factor is rated “unacceptable,” the entire proposal will be rendered technically unacceptable, and the proposal will be removed from the competitive range. Only proposals deemed technically acceptable (either initially or as the result of discussions) will be considered for the award.

The ratings are defined in the following paragraphs.

Acceptable: The proposal meets all the minimum mandatory requirements in the solicitation identified as factors within the technical capability evaluations standards contained within the Performance Work Statement, CLIN descriptions, this solicitation and the stipulations of the Technical Capability Evaluation. Only those proposals determined acceptable, either initially or as a result of discussions, will be considered for award. Once deemed acceptable, all technical capability proposals are considered to be equal.

Unacceptable: Fails to meet all the minimum mandatory requirements of this solicitation and does not meet the technical standards described in the Performance Work Statement, CLIN descriptions and Technical Capability Evaluation. Proposals with an unacceptable rating will not be considered for award.

1 5T Dump Truck Month

2 10T Dump Truck Month

3 20T Dump Truck Month

4 Loader Month

5 Grader Month

6 Backhoe Month

Excavator bucket, plate compactor, jackhammer, thumb, coupler) Month

8 Compact Track Loader (common stock ) Month

9 Bull Dozer Month

10 Water Truck Month

11 Steel Drum Roller Month

12 Pneumatic Tire Roller Month

13 Asphalt Paver Month

14 Concrete Screed Month

15 Concrete vibrator Month

16 15T crane Month

17 7.5T crane Month

18 Man Lift Month

19 Scissor Lift Month

20 Boom Lift (telehandler) Month

21 10K Forklift Month

22 16K Forklift Month

23 30K Forklift Month

24 Tractor Trailer Month

25 Lowboy Trailer Month

Busines Name: ______________________

Busines POC: ________________________

Date: _______________________

X

Item No. Equipment Desciption (When applicable) Unit Unit Price USD

Equipment Price List Blanket Purchase Agreement (BPA) FA5422‐20‐A‐300X

BPA Type: Heavy Equipment Rental/Lease

POC Email: ______________________________________________

PRICE LIST MUST BE VALID FOR ONE (1) YEAR FROM CONTRACTING OFFICER APPROVAL DATE

Date Approved by Contracting Officer: _______________________

FRANCOISE M. DOUALA

CONTRACTING OFFICER

Attachment 2

V. CLAUSES AND PROVISIONS

CLAUSES INCORPORATED BY REFERENCE

Clause Number Clause Name Date 52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2017 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.207-5 Option to Purchase Equipment FEB 1995 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.212-4 Contract Terms and Conditions – Commercial Items. JAN 2017 52.215-8 Order of Precedence—Uniform Contract Format OCT 1997 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a

Diplomatic Mission Outside the United States

MAR 2008

52.229-6 Taxes—Foreign Fixed Price Contracts FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts for Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work-Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination for Convenience of the Government (Fixed Price) APR 2012 52.249-8 Default (Fixed Price Supply and Service) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DOD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2015 252.204-7015 Notice of Authorized Disclosure of Information for Litigation support. MAY 2016 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of

OCT 2015

252.222-7002 Compliance with Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous

JUN 2013

252.223-7008 Prohibition of Hexavalent Chromium JUN 1997 252.225-7041 Correspondence in English APR 2003 252.225-7048 Export-Controlled Items. APR 2020

252.229-7001 TAX RELIEF—BASIC

JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports MAR 2008 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency Operations JUL 2010 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations OCT 2010 252.225-7042 Authorization to Perform JUN 1997

Attachment 3

CLAUSES 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) 52.203-19, 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, 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).

X (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).

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

(10) [Reserved]

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

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

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

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

(13) [Reserved]

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

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

644).

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

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

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

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

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

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

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

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

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

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

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

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

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

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

637(m)).

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

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

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct

2016) (E.O. 13126).

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

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

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

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

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

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

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

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

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

(35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016).

(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

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

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

(37) (i) 52.223-9, Estimate of age 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. 11

(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 (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)).

X (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). 12

(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.]

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

(viii) 2-36, 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) 2-51, 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) 22-59, 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) 22-60, 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) 26-6, 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) 47-64, 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)

(End of Provisions)

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/these address: http://farsite.hill.af.mil

252.225-7982 Preference for Products or Services of Djibouti. (DEVIATION 2016-O0005)

(a) Definitions. “Product of Djibouti” and “service of Djibouti” as used in this provision, are defined in the clause of this solicitation entitled “Requirement for Products or Services of Djibouti” (252.225-7983 (DEVIATION 2016-O0005)).

(b) Representation. The Offeror represents that all products or services to be delivered under a contract resulting from this solicitation are products of Djibouti or services of Djibouti, except those listed in paragraph (c) of this provision.

(c) Other products or services. The following offered products or services are not products of Djibouti or services of Djibouti:

(d) Evaluation. For the purpose of evaluating competitive offers, the Contracting Officer will increase by forty (40) percent the prices of offers of products or services that are not products of Djibouti or services of Djibouti.

(End of Provision)

(Line Item Number) (Country of Origin)

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:

www.farsite.hill.af.mil

52.252-6 -- Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

225.7983 Requirement for Products or Services of Djibouti. (DEVIATION 2016-O0005)

(a) Definitions. As used in this clause—

(1) “Product of Djibouti” means a product (including a commercial item) that is wholly grown, produced or manufactured in Djibouti. This term does not include construction material brought to a construction site by a contractor or subcontractor for incorporation into the building or work, but does cover material separately purchased by the Government to be incorporated into the building or work.

(2) “Service of Djibouti” means a service (including construction) that is performed by a person that is—

(i) Operating primarily in Djibouti or is making a significant contribution to the economy of Djibouti through payment of taxes or use of products, materials, or labor of Djibouti, as determined by the Secretary of State; and

(ii) properly licensed or registered by authorities of the Government of Djibouti, as determined by the Secretary of State.

(b) The Contractor shall provide only products of Djibouti or services of Djibouti, unless, in its offer, it specified that it would provide products or services other than products of Djibouti or services of Djibouti.

(End of clause) http://www.farsite.hill.af.mil/

252.225-7980 Contractor Personnel Performing in the United States Africa Command Area of Responsibility. (DEVIATION 2016-O00008) (Jun 2016)

(a) Definitions. As used in this clause— “Combatant Commander” means the Commander of the United States Africa Command (USAFRICOM).

“Contractors authorized to accompany the Force,” or “CAAF,” means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S. citizen and third-country national employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive environments). Personnel collocated with U.S. Armed Forces in applicable operations shall be afforded CAAF status through a letter of authorization. In some cases, Combatant Commander or subordinate joint force commanders may designate mission-essential host nation or local national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

“Designated reception site” means the designated place for the reception, staging, integration, and onward movement of contractors deploying to the USAFRICOM area of responsibility. The designated reception site includes assigned joint reception centers and other Service or private reception sites.

“Law of war” means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses the international law related to the conduct of hostilities that is binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.

“Non-CAAF” means personnel in applicable operations who are not designated as CAAF, such as local national employees and non-local national employees who are permanent residents in the operational area or third-country nationals not routinely residing with U.S. Armed Forces (and third-country national expatriates who are permanent residents in the operational area) who perform support functions away from the close proximity of, and do not reside with, the U.S.

Armed Forces. Government-furnished support to non-CAAF is typically limited to force protection, emergency medical care, and basic human needs (e.g., bottled water, latrine facilities, security, and food when necessary) when performing their jobs in the direct vicinity of U.S.

Armed Forces. Non-CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

“Subordinate joint force commander” means a sub-unified commander or joint task force commander.

“U.S. Africa Command (USAFRICOM) area of responsibility,” as used in this clause, means–

(1) The entire continent of Africa, excluding Egypt;

(2) The Atlantic Ocean east and south of the line from Antarctica at 024°W, north to 4°N/024°W, west to 30°W, then north to 21°N/030°W, then east to the African continent; and

(3) The Indian Ocean west and south of the line from Antarctica at 68°E, north to 01°40’S/068°E, and west to the African coast at 01°40’S.

(b) General.

(1) This clause applies to all contractor personnel when performing in the USAFRICOM area of responsibility.

(2) Certain requirements in paragraphs (c)(3), (e)(1), and (f) must be specified in the statement of work to be applied to non-CAAF personnel.

(3) Contract performance in the USAFRICOM area of responsibility may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations.

(4) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, contractor personnel are only authorized to use force for individual self-defense.

(5) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).

(6) Service performed by contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note.

(c) Support.

(1)(i) The Combatant Commander will develop a security plan for protection of contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because—

(A) The Contractor cannot obtain effective security services;

cost; or

(B) Effective security services are unavailable at a reasonable

(C) Threat conditions necessitate security through military means.

(ii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians.

(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable operations. Additionally, all non-CAAF who are injured while in the vicinity of U. S. Armed Forces will normally receive emergency medical and dental care. Emergency medical and dental care includes medical care situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs;

repair of broken bones, lacerations, infections; and traumatic injuries to the dentition.

Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical treatment or transportation of contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized.

(3)(i) A Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer is required for certain contractor personnel to process through a deployment center or to travel to, from, or within the USAFRICOM area of responsibility. The requirement applies to CAAF and, as specified in the statement of work, non-CAAF personnel.

(ii) The letter of authorization will identify any additional authorizations, privileges, or Government support that contractor personnel are entitled to under this contract.

USAFRICOM has limited capability to provide Government-furnished life-support services to contractors in the USAFRICOM area of responsibility. In instances where Government-furnished life support services are neither available nor authorized in the contract, the SPOT-generated letter of authorization, signed by the Contracting Officer, shall be annotated with “None” checked for Government-furnished life-support services.

(iii) Contractor personnel who are issued a letter of authorization shall carry it with them at all times while deployed.

(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the USAFRICOM area of responsibility under this contract.

(d) Compliance with laws and regulations.

(1) The Contractor shall comply with, and shall ensure that its personnel performing in the USAFRICOM area of responsibility are familiar with and comply with, all applicable—

(i) United States, host country, and third country national laws;

(ii) Provisions of the law of war, as well as any other applicable treaties and international agreements;

procedures; and

(iii) United States regulations, directives, instructions, policies, and

(iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals.

(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause.

(3) The Contractor shall ensure that all contractor personnel are aware—

(i) Of the DoD definition of “sexual assault” in DoDD 6495.01, Sexual Assault Prevention and Response Program;

(ii) That the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws; and

(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences for the contractor employees (see paragraph (h)(1) of this clause).

(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this clause, any alleged offenses under—

(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or contingency operations); or

United States Code).

(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18,

(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed area, before beginning such work, information on the following:

(d)(4) of this clause.

(i) How and where to report an alleged crime described in paragraph

(ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (d)(4) of this clause.

(iii) This section does not create any rights or privileges that are not authorized by law or DoD policy.

(6) The appropriate investigative authorities to which suspected crimes shall be reported include the following—

(i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html;

(ii) Air Force Office of Special Investigations at http://www.osi.af.mil;

(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;

(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html; and of any base.

(v) To any command of any supported military element or the command

(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office.

(8) The Contractor shall ensure that Contractor employees supporting the U.S.

Armed Forces deployed outside the United States are aware of their rights to— driver’s…