Attachment_3_-_Provisions-Clauses.pdf

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions SEP 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010

52.212-1 Instructions to Offerors – Commercial Items OCT 2015

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.214-34 Submission of Offers in the English Language APR 1991

52.217-5 Evaluation of Options JUL 1990

52.225-14 Inconsistency between English Version and Translation Of Contract FEB 2000

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or

Consular Mission Outside the United States MAR 2008

52.232-1 Payments APR 1984

52.232-18 Availability of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration JULY

52.232-38 Submission of Electronic Funds Transfer Information with Offer JULY 2013

52.233-1 Disputes MAY 2014

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection of Government Buildings, Equipment, and

Vegetation APR 1984 52.247-34 FOB Destination NOV

52.252-6 Authorized Deviations in Clauses APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7004 Alternate A, Central Contractor Registration FEB 2014

252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a

Country that is a State Sponsor of Terrorism OCT 2015

252.225-7041 Correspondence in English JUN 1997

252.225-7042 Authorization to Perform APR 2003

252.229-7000 Invoices Exclusive Of Taxes or Duties JUN 1997

252.229-7001 Tax Relief SEP 2014

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 MAY 2013

252.233-7001 Choice of Law (Overseas) JUN 1997

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances

(ODS) NOV 2012

5352.242-9000 Contractor Access to Air Force Installations NOV 2012

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION OF COMMERICAL ITEMS (OCT 2014)

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

The following factors shall be used to evaluate offers:

(i) Price

(ii) Technical

(iii) Past Performance

Technical and past performance, when combined, are approximately equal to price.

Offerors are cautioned to submit sufficient information and in the format specified in these preparation instructions.

Offerors may be asked to clarify certain aspects of their quote or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

DEVIATION:

SOURCE SELECTION

A. Basis for Contract Award

This is a Lowest Price Technically Acceptable (LPTA) source selection conducted in accordance with Federal

Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, as supplemented by the Defense Federal

Acquisition Regulation Supplement (DFARS), the Air Force Federal Acquisition Regulation Supplement

(AFFARS), DoD Source Selection Procedures, Appendix A, 04 March 2011 and Air Force Mandatory Procedures

5315.3. These regulations are available electronically at the Air Force (AF) FARSite, http://farsite.hill.af.mil. The

Government will select the quote with the lowest evaluated price from among those meeting the acceptability standards for non-price factors. Contract will be awarded to a single offeror who is deemed responsible in accordance with FAR Part 9.1; offeror whose quote conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by this solicitation); and offeror who has the lowest price technically acceptable quote.

B. Number of Contracts to be Awarded

The Government intends to award a single IDIQ contract to a single offeror for the Al Udeid Air Base (AUAB)

Laundry Service requirement.

C. Discussions

The Government reserves the right to award without discussions. If discussions are deemed necessary, the

Government will establish a competitive range IAW FAR 15.306(c). Based on the ratings of each quote against all evaluation criteria, the contracting officer shall establish a competitive range comprised of all of the most highly rated quotes, unless the range is further reduced for purposes of efficiency pursuant to FAR 15.306(c)(2). After discussions, each offeror still within the competitive range will be afforded an opportunity to submit a Final Quote

Revision that will be used for evaluation, eligibility determination, and source selection decision.

D. Solicitation Requirements, Terms and Conditions

Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors or subfactors. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award and eliminated from consideration without further evaluation. Offerors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.

E. Evaluation Process

First, all quotes will be ranked by price. Then, for efficiency purposes, the Government will evaluate a minimum of the three (3) lowest priced offerors for technical and past performance acceptability. If the three lowest priced offerors are evaluated with an Acceptable rating in technical and an Acceptable rating in past performance, and are determined to be responsible in accordance with FAR 9.104, the evaluation process will stop at this point. If one of the lowest priced offerors is determined to have Unacceptable technical or past performance, or is determined to be non-responsible in accordance with FAR 9.104, the next lowest priced offeror’s technical and past performance volumes will be evaluated. The process will continue (in order of price ranking) until three (3) offerors are evaluated as having Acceptable technical and past performance and are determined responsible, or all offers have been evaluated. Technical and Past Performance will be evaluated on an “Acceptable/Unacceptable” basis.

Offerors shall receive an “Acceptable” rating for both Technical and Past Performance in order to be eligible for award. Award will be made to the offeror with the lowest proposed price and receiving an “Acceptable” rating for both Technical and Past Performance.

EVALUATION FACTORS

A. Price Factor

Price will be evaluated using techniques established in FAR 15.404-1 to ensure the Government receives a fair, reasonable and balanced price. If the Government cannot determine the proposed pricing to be fair and reasonable, other than cost and pricing data may be obtained from the offerors. The Government will evaluate offers for award purposes by adding the total price for all CLINS including basic period and option years. The Government will evaluate all offers for award in US Dollars.

There is a great expectation of competition for this requirement; offerors are cautioned to present their best price quote up-front. The offeror’s price quote shall represent the offeror’s best effort to respond to the solicitation.

NOTE: Evaluation of the option periods shall not obligate the Government to exercise such options.

Option to Extend Services. Both the solicitation and resultant contract shall contain FAR Clause 52.217-8, entitled

“Option to Extend Services”. This clause allows for up to an additional 6 month continued contract performance if required. Interested offerors shall not include pricing in their quote for this clause as fifty percent (50%) of the applicable option period shall be used for the pricing only if clause 52.217-8 is required.

Materially Unbalanced Offer: If the contracting officer sees a wide variation in prices, the contracting officer can consider the need to amend the solicitation or ask the offeror(s) appropriate questions. Unbalanced pricing poses an unacceptable risk to the Government and may be a reason to reject an offeror’s quote.

B. Technical Factor

The technical rating reflects the degree to which the offeror’s quote meets or does not meet the minimum performance or capability requirements. The focus is on the ability of the offerors quote to meet the minimum requirements of the PWS. Each offeror shall submit information clearly identifying how they will meet the following technical criteria. Offerors shall submit at a minimum the following information:

Each technical quote shall be evaluated on how the offeror will:

SubFactor 1 - Offeror shall detail the necessary qualifications and experience to perform the work as outlined in the

Performance Work Statement and the offerors ability to provide personnel with the necessary qualifications.

SubFactor 2 – Mobilization Plan – The offeror shall provide a detailed plan for mobilization. The proposed plan shall include, but not limited to, timelines for sourcing facilities and transportation and timelines for personnel badging.

Technical will be evaluated on a “Acceptable/Unacceptable” basis. To receive a rating of “Acceptable,” the offeror must adequately address their plan to meet the above mentioned technical criteria. Offerors must receive a rating of

“Pass” for technical in order to be eligible for award. Quotes that exceed the evaluation criteria will not receive higher ratings.

TABLE 1. Technical

Rating Description

Acceptable Quote clearly meets the minimum technical requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum technical requirements of the solicitation.

C. Past Performance Factor

There are three aspects to the past performance evaluation. The first is to determine whether the offeror’s performance information is recent and second, is the performance information relevant to the effort to be acquired in this acquisition. The third aspect is to determine how well the offeror performed on those contracts and the quality of product or service provided.

The past performance information to be evaluated on each offeror will be information available in CPARS and

PPIRS as well as information available through other government sources (i.e. key government officials) regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement. The government will evaluate the past performance references provided by the offeror as part of their past performance volume in the response to the solicitation.

The Government evaluators will conduct an in-depth review and evaluation of all available performance data to determine how closely the work performed under those efforts relates to the proposed effort. The evaluation will consider the recency, relevancy, and quality of each performance reference as it relates to this acquisition when assigning the past performance rating. The main purpose of the past performance evaluation is to appropriately consider each offeror’s demonstrated record of contract compliance by supplying products and services that meet users’ needs, including business relations, management, schedule and performance quality constraints.

Recency. Recency will be assigned a rating of “Recent” or “Not Recent” for each relevant CPARS, PPIRS, other government agency-provided reference and references provided by the offeror. Performance occurring within the last three (3) years from the date of issuance of this solicitation will be considered “recent”. Reports on contracts with less than six months of performance will not be considered.

Relevancy. In evaluating relevancy, the Government will assign a rating of “Relevant” or “Not Relevant”.

Relevant performance for this acquisition is to have effectively provided services similar to scope of this requirement, to include services for commercial as well as federal or DoD agencies. The Government defines

“services similar in scope” as commercial laundry services that provide at least 50% or more of the average units per month as described in the Performance Work Statement, Laundry Service, dated 10 May 2016, Appendix B, Estimated Monthly Workload

Performance Quality. The Government will evaluate the quality of work performed for each past performance contract reference reviewed. The Government will evaluate the offeror’s demonstrated record of contract compliance in supplying products and/or services that meet user’s needs, including quality, cost and schedule.

Performance assessed as “Satisfactory”, “Very Good”, or “Exceptional” shall be considered compliant with contract requirements. Any performance area assessed as “Marginal” or “Unacceptable” shall be considered unfavorable.

Past Performance shall be evaluated on a “Acceptable/Unacceptable” basis. In the event of negative comments of a offerors past performance, the contracting officer shall make a determination based on the factors listed in Table

2 below. If an offeror is determined to have “marginal” or “unacceptable” past performance ratings, they will be given an overall past performance rating of “Unacceptable.”

TABLE 2. Past Performance

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. To be rated

“acceptable,” no Unsatisfactory or Marginal ratings can be found in the past performance information.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. To be rated “unacceptable”, a negative rating of Marginal or Unsatisfactory will be identified by this office and validated by the

Contracting Officer.

* In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR

15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2012)

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

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) 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 (Nov 2011) (15 U.S.C. 637(a)(14)).

_X__ (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)).

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

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

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

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

_X__ (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) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) (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.

___ (37) (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.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (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__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

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

_X__ (42) (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.

_X__ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 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).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10

U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31

U.S.C. 3332).

_X__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul

2013) (31 U.S.C. 3332).

_X__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

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

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

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

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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.

(iii) 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.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

(ix) 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.

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

(xi) _X___ (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).

(xii) 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.)

(xiii) 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)

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 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.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

Alternate II (Mar 2016). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or

8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the

Inspector General under paragraph (d)(1)(ii) does not flow down; and

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

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20017 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20017

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219–8, Utilization of Small Business Concerns (Oct 2014) (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.

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

(E) 52.222–26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

(H) 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.

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

(J) ____ (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(K) 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).

(L) 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).

(M) 52.222–54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

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

(O) 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.

(P) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

52.216-1 TYPE OF CONTRACT (Apr 1984)

The Government contemplates the award of a Firm-Fixed Price Indefinite-Delivery/Indefinite Quantity contract.

52.216-19 – ORDER LIMITATIONS. (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of $2,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within

10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 – INDEFINITE QUANTITY (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and

Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 August 2021.

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 15 days of the expiration of the contract.

52.225-17 -- EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using [1 USD = 3.55 QAR] in effect as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures--

(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2) On the date specified for receipt of quote revisions.

52.228-3 -- Workers Compensation Insurance (Defense Base Act) APR 1984 The Contractor shall

(a) provide, before commencing performance under this contract, such workers’ compensation insurance or security as the Defense Base Act (42 U.S.C. 1651, et seq.) requires and

(b) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act applies, a clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense Base Act.

52.232-19 – AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (Apr 1984)

Funds are not presently available for performance under this contract beyond 1 October of each calendar year. The

Government’s obligation for performance of this contract beyond that date 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 for performance under this contract beyond 1 October of each calendar year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS

TRANSFER INFORMATION (MAY 1999)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than

Central Contractor Registration, the Government has designated the office cited in paragraph (d) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (d) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph.

(c). The Government need not use any EFT information sent to any office other than that designated in paragraph (d)

(d) Designated Office:

379 ECONS/LGCC

Un i t61206

APO, AE 09309

Attn: Services Flight

Phone: 974-7069-4032

E-Mail: 379econs.services@auab.afcent.af.mil

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(es):

HTTP://FARSITE.HILL.AF.MIL

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

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 01 Sept 16 through 31 Aug 21.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document

Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. (3) Orders may be issued orally only if authorized in the schedule.

5352.201-9101 OMBUDSMAN (APR 2010)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of quotes, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Lt Col

Lateef M. Hynson, Air Force Installation Contracting Agency, (OL-ACC), COMM: 757-764-5372/DSN: 312-574-

5372, lateef.hynson@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

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

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

Addendum to FAR 52.212-1 Instructions to Offerors

1. The purpose of these instructions is to prescribe the format of the offer in response to this RFQ and describe the approach for the development and presentation of the request for quote data. This is designed to ensure the essential information required for evaluation is submitted.

2. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists, no additional cost information will be requested or required. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists, offerors may be required to submit information, other than certified cost or pricing http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/ data, to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

3. To assure the timely and equitable evaluation of quotes, offerors shall follow the instructions contained herein.

Offerors are required to meet and address all of the requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being deemed ineligible for award. Offerors must clearly identify any exception to the terms and conditions and provide complete accompanying rationale. The offers when submitted, shall be comprehensive, complete, self-sufficient, and respond directly to the requirements of the RFQ. Elaborate artwork, expensive paper/binding and expensive visual aids are neither necessary nor desired.

a. The RFQ responses shall consist of the following volumes:

(1) Price Quote

(2) Technical Quote

(3) Past Performance References

b. All pages of each part shall be numbered. The volumes will be 12 pitch and larger than 8 ½” x 11” paper, (when printed) except for fold-outs used for charts, tables or diagrams, which may not exceed 11” x 17”. Each volume shall contain a cover sheet, clearly marked with the RFQ number, title, and the offeror’s name and

CAGE Code or DUNS. The Technical Quote volume shall not contain any price data or reference to price.

c. Include a statement in the quote that it contains proprietary information for your company and cannot be released outside the Government.

d. Failure to comply with these instructions may result in the offeror’s quote being summarily rejected and deemed ineligible for award. Any commitments made in the quote shall become part of the resultant contract.

4. VOLUME I – PRICE QUOTE

a. This volume shall include only the prices complying with pertinent state, local and federal guidelines.

Contractor shall use the format in the attached bid schedule to fill out their pricing information. All unit prices shall be rounded to the nearest hundredth of a cent (i.e. $.01); rounding errors will not be accepted. Offerors may submit pricing in dollars or Qatari Riyal (exchange rate of 3.55 will be used).

b. Offerors shall provide, with their quote, a current/valid Qatar Commercial Registration issued by the

Ministry of Business and Trade. Please submit Commercial Registration in both English and Arabic. The

Qatar Commercial Registration is required for prime and all proposed subcontractors. Commercial Registration is required for Joint Venture and subcontractors.

5. VOLUME II – TECHNICAL QUOTE

Each offeror shall submit a technical volume as part of their quote, which shall address the technical criteria listed below. The contractor’s quote shall clearly demonstrate the ability to meet all requirements of the

Performance Work Statement (PWS). The technical volume shall be limited to no more than 10 pages. The cover sheet is not included in the page limit; however all pages after the cover sheet will count toward the page limit to include table of contents, abbreviation tables, etc. Pages exceeding 10 will be removed from the technical package and will not be evaluated. Do not merely re-state the objectives specified in the solicitation, but instead, provide your best approach to meet the Government’s needs.

Each offeror shall submit information clearly identifying how they will meet the following technical criteria:

SubFactor 1 – Technical Capability – Offeror shall detail the necessary qualifications and experience to perform the work as outlined in the Performance Work Statement and the offerors ability to provide personnel with the necessary qualifications.

SubFactor 2 – Mobilization Plan – The offeror shall provide a detailed plan for mobilization. The proposed plan shall include, but not limited to, timelines for sourcing facilities and transportation and timelines for personnel badging.

6. VOLUME III – PAST PERFORMANCE REFERENCES

Each offeror shall submit a past performance volume as part of their quote which lists a maximum of four (4) past performance references being the four (4) most recent and relevant past performance records, if available.

These references shall include the following information:

a. Contract Number

b. Contract Title

c. Description of Services Provided

d. Period of Performance

e. Place of Performance

f. Total Contract Dollar Value

g. Point of Contact…