14._31_MDG_Laundry_Combined_Synopsis_V2_Edited.docx

Combined Synopsis/Solicitation FA568219Q7007

REFERENCE PAGE FOR THIS COMBINE SYNOPIS/SOLICITATION

GENERAL INFORMATION

This a combined synopsis/solicitation for a Laundry Cleaning Service for Health Care related Linen items and other Textile products used in this environment.

General Information

Set Aside:

Due to the overseas location of this solicitation, no small business set aside will be used

North American Industrial Classification System (NAICS) code:

812320: Dry cleaning and Laundry Services (except Coin-Operated) PSC Code: S209

Contracting Office Address

31st CONTRACTING SQUADRON/PKB VIA PORDENONE 89/b, BLDG 600, AREA “E”

AVIANO AIR BASE

33081 Aviano (PN) Italy Contracting Officer – MEGAN F BAER E-mail: megan.baer@us.af.mil / Tel. 0434-300100 Team Lead – ORNELLA BRESIL E-mail: ornella.bresil.it@us.af.mil / Tel. 0434-307961 Contract Specialist – GUALTIERO CASADIO E-mail: gualtiero.casadio.it@us.af.mil / Tel. 0434-307931

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the e-mails above by 09 July 2019. The related answers will be briefed by e-mail.

A site visit will be scheduled, time and place is to be determined and will be notified in FedBizOpps.

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” and FAR 13 Simplified Acquisition Procedures (SAP) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-02 effective 5 June 2019; Defense DPN 20190531 effective 5/31/2018 and AFAC 2018-0525 effective 05/25/2018.

Requesting Program Office:

31ST MEDICAL GROUP

UNIT 6180 APO AE 09604-6180

AVIANO AFB

AVIANO (PN) 33081 - ITALY

Terminology: Offeror, Contractor, and Company in this solicitation and the resulted contract respectively, mean the same thing.

FAR 13 PROCEDURES

Notification – This solicitation and resulting Contract will be conducted using FAR 13 Simplified Acquisition Procedures (SAP) in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items, as these services are considered a commercial service.

NOTICE TO OFFERORS: Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

SERVICES TO BE PERFORMED

Potential offerors are to quote on the following line items, quotations are due to this office no later than NLT 18, July 2019 @ 16.00 Central European Time (CET)

Laundry Cleaning Service for Health Care related Linen items and other Textile products used in this environment.

Period of Performance (PoP): as indicated in the Ordering Information below

Price Schedule:

The Contractor shall provide all personnel, supervision materials, tools, equipment, facilities and other items or services necessary to provide laundry/dry cleaning services for the 31st Medical Group in accordance with the attached PWS.

PoP: 1 Oct 2019 – 30 Sep 2020 FOB: Destination

The Contractor shall provide all personnel, supervision materials, tools, equipment, facilities and other items or services necessary to provide laundry/dry cleaning services for the 31st Medical Group in accordance with the attached PWS.

PoP: 1 Oct 2020 – 30 Sep 2021 FOB: Destination

The Contractor shall provide all personnel, supervision materials, tools, equipment, facilities and other items or services necessary to provide laundry/dry cleaning services for the 31st Medical Group in accordance with the attached PWS.

PoP: 1 Oct 2021 – 30 Sep 2022 FOB: Destination

The Contractor shall provide all personnel, supervision materials, tools, equipment, facilities and other items or services necessary to provide laundry/dry cleaning services for the 31st Medical Group in accordance with the attached PWS.

PoP: 1 Oct 2022 – 30 Sep 2023 FOB: Destination

The Contractor shall provide all personnel, supervision materials, tools, equipment, facilities and other items or services necessary to provide laundry/dry cleaning services for the 31st Medical Group in accordance with the attached PWS.

PoP: 1 Oct 2023 – 30 Sep 2024 FOB: Destination

Delivery: Aviano Air Base, Italy

TOTAL € ________________

COMPANY INFORMATION

NAME AND ADDRESS OF FIRM:

CAGE Code & DUNS Number: _________________________________________

TELEPHONE: ______________________________________________________

FAX: _____________________________________________________________

E-MAIL: __________________________________________________________

SIGNATURE: ______________________________________________________

All items are to be provided and all services are to be performed in strict accordance with this solicitation and the attached Performance Work Statement.

ORDERING INFORMATION

· TYPE OF CONTRACT: Firm Fixed Price Contract.

· CONTRACT PERIOD OF PERFORMANCE: This will be (5)-year Contract, estimated start date: October 1, 2019 ending: September 30, 2024. For administration and tracking purposes, the (5) years will be separated into (12) months performance periods to be called Contract Years.

· INVOICING PROCEDURES: The contractor will submit an invoice for payment, every 30 days for services rendered for each given contract year.

· GOVERNMENT PURCHASE CARDS: A Government Purchase card is NOT allowed under this contract

PERFORMANCE WORK STATEMENT (PWS)

Laundry & Dry Cleaning Services 31st Medical Group – 19 March 2019

1. DESCRIPTION OF SERVICE: NONPERSONAL SERVICES. The contractor shall furnish all personnel, equipment, facilities, transportation, and supplies, except as specified herein as Government Furnished Items, to provide offsite laundry service, including pick up and deliver, at the 31st Medical Group Aviano including Area F's Flight Medicine Clinic, Health and Wellness Center (HAWC), and Vet Clinic, as outlined in the attached appendices.

1.1. OPERATION CONTROL

1.1.1. SOILED LAUNDRY PROCESSED BY WEIGHT. Government personnel will weigh soiled laundry and will record the weight on a contractor supplied laundry ticket prior to pick up by the contractor. The contractor shall verify the weights and countersign the ticket to indicate agreement with those weights. Contractor personnel shall be responsible for physically transferring soiled laundry into the contractor’s vehicle. The Government shall retain a copy of each completed ticket(s).

1.1.2. ITEMS REQUIRING SPECIAL PROCESSING/HANDLING. Several departments within the MTF (Medical Treatment Facility) have articles that, by their nature, cannot be processed along with the bulk-soiled linen. These items include, but are not limited to: privacy curtains, window curtains, restraints sets, VIP linens, thermal or oversized scrubs, surgilift pads, oven pads and mittens, chaplain's alter cloths, etc. Articles of this nature are handled on an individual basis, with department representatives bringing the articles (in a plastic bag) to the Government pick up point. They will complete a ticket in triplicate, which describes the article(s), and their total weight(s). The ticket(s) also reflects/reflect the name and telephone number of the point of contact, and the date the item was/were dropped off. The representative retains a copy, as does the Mission Owner (MO). The original goes with the article(s). The contractor picks up these items three (3) times per week, along with the soiled physician coats. They are returned to the same Government pick up point where each department representative collects them. The tickets are retained by the MO for reconciliation at the end of each month. The appropriate method for cleaning (laundering, dry cleaning, etc.) and packaging (on hangers, bundling, etc.) these articles will be in accordance with the best commercial market practices.

1.1.3. STAMPED LAUNDRY. The contractor is responsible to mark all new hospital laundry articles with the following stamp: 3 inches in length straight across from Left to Right: (FM5682 AVIANO AIR BASE). Area of placement must be visible even when folded.

1.2. DELIVERY. Contractor shall deliver clean, method of finish (see appendix A), packaged laundry no later than two duty days after initial pick up of the soiled articles (within 48 hours - work days).

1.2.1. HOURS OF OPERATIONS

1.2.1.1. Normal duty hours for the purpose of this contract are 0730-1630 Monday through Friday.

1.2.1.2. The contractor shall provide services on all officially recognized federal holidays in accordance with Appendix C. The Contractor will not be required to perform services during Italian holidays. When pick up or delivery falls on an Italian holiday the service will be performed the day after or the next working day.

1.3. PERFORMANCE REQUIREMENTS

1.3.1. In accordance with the provisions of this contract covering inspection, acceptance, and payment, items found not to meet the requirements of the contract terms shall be re-cleaned at no additional cost to the Government. Such items (found by the MTF personnel when packages are opened) will be identified by the MO to the contractor's representative on the next scheduled pick up after the unsatisfactory condition is discovered. After they are re-cleaned, the contractor shall pack these items separately and mark each bundle "Attention Mission Owner".

1.3.2. The contractor along with the Mission Owner will determine if there are any items considered unserviceable and non-repairable during the pick-up phase, if feasible. If the determination cannot be done during the pick-up phase, but only after the laundering then the Contractor shall contact the MO to notify the issue, and the Contractor shall return the indicated items using a separate packaging clearly marked “UNSERVICEABLE”. However, it is up to the Contractor to accept performing a trial laundering of items that have undefinable/non-conventional stains (oil, permanent marker, shoe polish etc.).

1.4. STATE AND LOCAL DEPARTMENT OF HEALTH REQUIREMENTS. The contractor is responsible to be in compliance with all requirements arising from state and local Italian Health regulations.

1.5. VEHICLE INTERIOR. The vehicle must have a divider that separates soiled items and clean items. All clean items shall be protected from contamination and soiling during transit to the MTF (Military Treatment Facility). After transporting dirty/soiled or contaminated laundry, the vehicle interior shall be cleaned and sanitized before loading clean articles.

1.6. WORKMANSHIP AND SANITARY. Delivered finished articles shall conform to the generally accepted industry standards of quality of cleanliness, finish, sanitation, and appearance. All work performed shall be in accordance with the best commercial practice and in accordance with applicable state, and local regulations and within the scope of the following specifications.

1.7. PACKAGING. The packaging will be as indicated in Appendix A.

1.7.1. All packaged laundry shall be wrapped in plastic film two layers thick unless otherwise specified.

1.7.2. All carts used for transporting clean laundry shall be lined with a clear plastic liner, providing protection to the clean laundry during transport.

1.7.3. Physician's coats and dental smocks shall be hung individually on hangers of a type that does not stain garments and individually covered with plastic film bags.

1.7.4. COLOR-CODED ITEMS. All items marked with color-coded strips or tags (normally located in/on collar, neckband, waistband, etc.) shall be folded and bundled in a manner which makes the color-code easily visible without having to open the bundle. These items may include scrubs, gowns, jackets, robes, pajamas, etc.

1.7.5. SIZED AND COLORED ITEMS. All items by size (small, medium, large, etc.) shall be bundled by size and color. Items coming in varied color and size shall be bundled by color and size respectively. EXAMPLE: Small cranberry scrub pants would be bundled together; small purple scrub pants would be bundled together, but not mixed with small cranberry scrub pants.

1.7.6. CONTAMINATED LAUNDRY. All soiled laundry originating from the MTF is categorized as contaminated. The contractor is responsible for properly handling contaminated laundry.

1.8. PERFORMANCE OF SERVICE DURING CRISIS DECLARED BY THE NATIONAL COMMAND AUTHORITY OR OVERSEAS COMBATANT COMMANDER. According to DODI 3020.37, on occasion, services may be required to support an activation or exercise of contingency plans outside the normal duty hours, as described in the following paragraph:

1.8.1. Contingency or emergency tasking for laundry services will be limited to large increases in patient census due to accident and rescue operations, civil disturbances, natural disasters, and military peacetime and wartime contingency operations . The workload generated by these events is dependent on the number of patients admitted and the severity of their injuries. The CO (Contracting Officer) will notify the contractor at the beginning and end of the contingency/emergency period. For the duration of the contingency/emergency period, the contractor will continue to provide the required service within the times specified within this document.

1.8.2. DISRUPTION OF SERVICES. If routine services are disrupted through fault or negligence of the contractor for more than twenty-four (24) hours, the Government reserves the right to procure such from another source.

1.9. ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING

1.9.1. The contractor shall be required to input its manpower requirements into the Enterprise-wide Contractor Manpower Reporting Application (ECMRA) in accordance with 10 USC 235 and 2330a. “The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Governmental fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than Oct 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at: https://www.ecmra.mil/.

2. SERVICES SUMMARY

1.

OPERATION CONTROL

1.1.

Customer Complaint Accuracy: 96% Timeliness: 96% Any service not performed within the required performance threshold will be reported in the annual evaluation (CPARS)

2.

DELIVERY

1.2.

Customer Complaint Accuracy: 96% Timeliness: 96% Any service not performed within the required performance threshold will be reported in the annual evaluation (CPARS)

3.

PERFORMANCE REQUIREMENTS

4.

PACKAGING

1.7.

Customer Complaint Accuracy: 96% Timeliness: 96% Any service not performed within the required performance threshold will be reported in the annual evaluation (CPARS)

5.

PERFORMANCE OF SERVICE DURING CRISIS

3. FURNISHED ITEMS. Commercial grade scales will be provided by the Government. Scales shall be of a type capable of weights up to 2,000 pounds or 1000 kilograms. They will be calibrated for accuracy at least semiannually by Government personnel.

4. GENERAL INFORMATION.

4.1. QUALITY CONTROL PLAN.

4.1.1. The contractor shall establish and maintain a thorough Quality Control Plan (QCP) that ensures professional laundry services meet standards required by this PWS. This QCP shall accompany the contractor’s quotation.

4.1.2. Monthly records of all inspections conducted by the contractor and necessary corrective actions taken shall be made available to the MO on a monthly basis. All records of inspections shall be provided to the MO within five days of the following month.

4.1.3. The contractor must submit the CO (Contracting Officer) with a contingency plan that shall allow the contractor to continue to provide the services specified on this Performance Work Statement in the event of loss or damage of Contractor-furnished item(s). Examples include, but are not limited to, delivery vehicle breakdowns, equipment failures, etc.

4.1.4. Performance Evaluation Meeting. The Contractor Manager or its alternate may be required to meet with the MO and the CO (Contracting Officer), when deemed necessary, during the performance of the service. Subject meeting can be requested by either party.

4.2. GOVERNMENT QUALITY ASSURANCE. The Government shall evaluate Contractor's performance by implementing random sampling/ surveillance and customer complaint as specified in the QASP (Quality Assurance Surveillance Plan).

4.3. LOST AND FOUND PROPERTY. The Contractor shall inspect and remove any items found in clothing or amongst soiled linen, prior to their treatment, and return them to the MO .

4.4. CONTRACTOR PERSONNEL. Designated management personnel shall be required to speak, read and understand all correspondence in English without the aid of a dictionary. In addition, must be proficient enough to actively participate in the required meetings with government personnel.

4.2. SECURITY REQUIREMENTS. Contractor personnel entering the government installation shall abide by all security and safety standards of the installation.

APPENDIX A

IDENTIFICATION AND METHOD OF PACKAGING

1. The following are the routine requirements for laundry packaging and method of packaging for the required service. Any other special packaging requirements or methods of packaging will be specified in writing at the time that service is requested.

1.1. Definitions of abbreviations for methods of finish are as follows:

B-Bundled CF- Clear Film Sealed FB-Folded & Bundled P-Pressed OH-On Hangar

1.2. The items listed below will be included in the yearly laundry. Each item is identified and estimated quantities to be processed for the year are indicated.

(Gray, Green, or White)

APPENDIX B

PICK UP AND DELIVERY SCHEDULE

The following pick-up and delivery chart specifies regular pick-up and delivery points for this service. All pick up and deliveries shall be accomplished between the hours of 0730 and 1430.

Bldg 121 (Area 1/Main Clinic) Mon/Wed/Fri 07:30-14:30

Bldg 1348 (Area F/Flt Med) Mon/Wed/Fri 07:30-14:30

Bldg 1466 (Area F/HAWC) Mon/Wed/Fri 07:30-14:30

Bldg 1410 (Area F/Vet Clinic) Mon/Wed/Fri 07:30-14:30

· Laundry picked up on Monday should be delivered on Wednesday,

· Laundry picked up on Wednesday should be delivered on Friday

· Laundry picked up on Friday should be delivered on Monday

APPENDIX C

OFFICIAL FEDERAL HOLIDAYS

01 Jan - Calendar Year New Year's Day

3rd Monday in January Martin Luther King Day

3rd Monday in February President's Day

4th Monday in May Memorial Day

4th Jul - Calendar Year 4th of July

1st Monday in September Labor Day

2nd Monday in October Columbus Day

11 Nov -Calendar Year Veteran's Day

4th Thursday in November Thanksgiving Day

25 Dec - Calendar Year Christmas Day

APPENDIX D

ITALIAN HOLIDAYS

January 01 New Year’s day

January 06 Epiphany

April Local PSD

Easter Monday

April 25 Liberation Day

May 01 Italian Labor Day

June 02 Republic Day

August 15 Assumption Day

November 01 All Saint’s Day

December 08 Immac. Concep. Day

December 25 Christmas Day

December 26 Saint Stephen’s Day

TECHNICAL DEFINITIONS RELATED TO THIS PWS.

a. Clean. Laundered articles are dry and free of visible soil, lint and objectionable odor. Spots and stains are removed where practical without fabric damage. No residual harmful chemicals are present.

b. Contractor. An individual, partnership, or organization having a contractual relationship with the Government for provision of service.

c. CO (Contracting Officer). The person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

d. Launder/Laundering. To clean by chemical and mechanical action materials composed of natural or synthetic fibers. For the purposes of the contract the terms include tumble-drying, ironing, folding, and all other industry standard processes, which textile products undergo while in the laundry.

e. Linen. Reusable textile items composed, in whole or in part, of natural, synthetic or blended fibers.

f. MO (Mission Owner). Refers to the individual(s) designated to perform specific technical or administrative functions related to a contract in his/her/their mission area. MO is designated to conduct appropriate surveillance and reporting of contractor performance in order to ensure that services received by the Government are adequate to the standard required as per the Performance Work Statement.

g. Packaging. Packaging is the process by which cleaned garments and linen are returned to the Medical Center. Linen is delivered in linen carts by quotas according to established arrangement agreed upon by the COR and CPM, all linen is packaged securely to prevent possible contamination.

h. Quality Control. Those actions taken by the Contractor to control the production of goods or services so that they will meet the requirements of the PWS.

i. Sanitary. In a clean state, protected from the contamination of pathogenic organisms.

j. Surgical Linen. Linen utilized by surgical and / or specialized units. Normally blue or green linen.

(End of Performance Work Statement)

CONTRACT CLAUSES AND PROVISIONS

CLAUSES INCORPORATED BY REFERENCE (IBR)

United States (Jun 2015)

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (SEP 2018)

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

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

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

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

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

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

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

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

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

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause) 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days.

(End of clause) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

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

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

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

(End of clause) 52.232-18 Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

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://farsite.hill.af.mil https://www.acquisition.gov

(End of clause)

52.252-6 Authorized Deviation 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 DFARS Defense Federal Acquisition Regulation (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)

252.225-7041 Correspondence in English (Jun 1997).

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

(End of clause) 252.229-7001 Tax Relief -- BASIC (Sep 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government.