13-R-0007_PCT.pdf
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- FA7000-13-R-0007
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10 CONS - FA7000
VOLLBRACHT, A
8110 INDUSTRIAL DRIVE, STE 200
LGCA
USAF ACADEMY CO 80840-2315
719-333-4761
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
$7M
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
FA7000-13-R-0007 22-Mar-2013
b. TELEPHONE NUMBER
7193334761
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 24 Apr 2013
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX:
NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
FA7000
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE F4BQ00 16. ADMINISTERED BY
10 CES - F4BQ00
FRED WILLIAMS
8120 EDGERTON DRIVE
USAF ACADEMY CO 80840
TEL: 719-333-8440 FAX:
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
AARON VOLLBRACHT
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF
AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
562991
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: 100 % FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
TEL: EMAIL:
1 COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
X
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL
ITEMS (CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
FA7000-13-R-0007
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED Lot Portable Chem. Toilet Svcs/Rent Base Yr.
FFP
The contractor shall furnish all personnel, equipment, tools, materials, supervision, and other necessary items to provide, service, and repair Portable Chemical
Toilets in accordance with the Performance Work Statement (PWS). Base year period is date of award or 1 June 2013 (whichever is later) through 31 March
2014. Pricing is per Technical Exhibit A, Attachment 2.
FOB: Destination
SIGNAL CODE: A
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
1001 UNDEFINED Lot OPTION Portable Chem. Toilet Svcs/Rent OptYr. 1
FFP
The contractor shall furnish all personnel, equipment, tools, materials, supervision, and other necessary items to provide, service, and repair Portable Chemical
Toilets in accordance with the Performance Work Statement (PWS). Option year
1 is 1 April 2014 through 31 March 2015. Pricing is per Technical Exhibit B, Attachment 2.
UNIT UNIT PRICE MAX AMOUNT
2001 UNDEFINED Lot OPTION Portable Chem. Toilet Svcs/Rent OptYr. 2
FFP
The contractor shall furnish all personnel, equipment, tools, materials, supervision, and other necessary items to provide, service, and repair Portable Chemical
Toilets in accordance with the Performance Work Statement (PWS). Option year
2 is 1 April 2015 through 31 March 2016. Pricing is per Technical Exhibit C, Attachment 2.
UNIT UNIT PRICE MAX AMOUNT
3001 UNDEFINED Lot OPTION Portable Chem. Toilet Svcs/Rent OptYr. 3
FFP
The contractor shall furnish all personnel, equipment, tools, materials, supervision, and other necessary items to provide, service, and repair Portable Chemical
Toilets in accordance with the Performance Work Statement (PWS). Option year
3 is 1 April 2016 through 31 March 2017. Pricing is per Technical Exhibit D, Attachment 2.
UNIT UNIT PRICE MAX AMOUNT
4001 UNDEFINED Lot OPTION Portable Chem. Toilet Svcs/Rent OptYr. 4
FFP
The contractor shall furnish all personnel, equipment, tools, materials, supervision, and other necessary items to provide, service, and repair Portable Chemical
Toilets in accordance with the Performance Work Statement (PWS). Option year
4 is 1 April 2017 through 31 March 2018. Pricing is per Technical Exhibit E, Attachment 2.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
1001 Destination Government Destination Government
2001 Destination Government Destination Government
3001 Destination Government Destination Government
4001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-JUN-2013 TO
31-MAR-2014
N/A 10 CES - F4BQ00
FRED WILLIAMS
8120 EDGERTON DRIVE
USAF ACADEMY CO 80840
719-333-8440
F4BQ00
1001 POP 01-APR-2014 TO
31-MAR-2015
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-APR-2015 TO
31-MAR-2016
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-APR-2016 TO
31-MAR-2017
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-APR-2017 TO
31-MAR-2018
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
AUG 2012
52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
MAY 2011
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
DEC 2010
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
FEB 2012
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
MAY 2012
52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012
ADDENDUM TO 52.212-4
ADDENDUM TO FAR 52.212-4 Contract Terms and Conditions – Commercial Items
ADDENDUM TO FAR 52.212-4(c) CHANGES
Text in paragraph (c) is deleted and replaced with the following:
Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the
Contracting Officer (for complete list of changes that may be made unilaterally, see FAR 43.103(b))
(End of Clause)
52.219-13 Notice of Set-Aside of Orders NOV 2011
52.219-14 Limitations On Subcontracting NOV 2011
52.219-27 Notice of Service-Disabled Veteran-Owned Small Business
Set-Aside
NOV 2011
52.219-28 Post-Award Small Business Program Rerepresentation APR 2012
52.222-3 Convict Labor JUN 2003
52.222-17 Nondisplacement of Qualified Workers JAN 2013
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-35 Equal Opportunity for Veterans SEP 2010
52.222-36 Affirmative Action For Workers With Disabilities OCT 2010
52.222-37 Employment Reports on Veterans SEP 2010
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Act Of 1965 NOV 2007
52.222-43 Fair Labor Standards Act And Service Contract Act - Price
Adjustment (Multiple Year And Option)
SEP 2009
52.222-50 Combating Trafficking in Persons FEB 2009
52.222-54 Employment Eligibility Verification JUL 2012
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.228-5 Insurance - Work On A Government Installation JAN 1997
EXPLANATORY NOTE: FAR 52.228-5
IAW FAR 28.310, Contract Clause for Work on a Government Installation
Reference FAR Clause 52.228-5, entitled “Insurance--Work on a Government Installation”, the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.
1) Workmen’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen’s
Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.
2) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.
3) Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and
$500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.
52.232-18 Availability Of Funds APR 1984
52.232-33 Payment by Electronic Funds Transfer--Central Contractor
Registration
OCT 2003
52.232-36 Payment by Third Party FEB 2010
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business
Concerns
SEP 2004
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7007 Limitation Of Government's Obligation MAY 2006
252.232-7009 Mandatory Payment by Governmentwide Commercial
Purchase Card
DEC 2006
252.232-7010 Levies on Contract Payments DEC 2006
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2012) (DEVIATION)
(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.
https://www.acquisition.gov/
(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1
(41 U.S.C. 251 note).
(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 $650,000 ($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) Reserved.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans (SEP 2006) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).
(vii) 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.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--
Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 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)
52.216-18 ORDERING. (OCT 1995)
(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 Schedule. Such orders may be issued from date of award through the end of the base year performance period and any option period extensions.
(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
(d) Delivery or task orders will be issued with an Order Sheet, using the unit prices in the Technical Exhibits and specifying quantities required for each order.
ADDENDUM TO 52.216-18 ORDERING
ADDENDUM TO FAR 52.216-18
The Government Purchase Card (GPC) may be used to place individual orders for service up to $25,000.00. The
Government shall verbally call in a work order, followed by written confirmation, to the contractor. Each work order shall be entered into a log which will be forwarded by 10 Civil Engineering (10 CES/CEOS) to Contracting monthly.
Each order for service shall include: (1) date of order, (2) contract and order numbers, (3) line item, (4) description,
(5) quantity, (6) unit price, (7) extended price, (8) performance schedule and (9) place of performance. The contractor will submit an invoice to CE for all work orders completed within the previous month and will be paid by
CE with the GPC.
For individual task orders $25,000.00 and greater, CE will initiate a purchase request with estimated funds for a contract task order. Work will commence upon a directive to proceed by the Government. Payment shall be accomplished through electronic invoice submission in Wide Area Work Flow.
Task Orders:
Exact quantities to be ordered by USAFA will be provided by the issuance of individual Task Orders. All orders will be issued by the 10th Contracting Squadron, USAF Academy, CO. Funding shall be cited on each Task Order.
Minimum/Maximum Contract Limits:
Minimum Contract Guarantee: The resultant contract awarded from issuance of this solicitation and evaluation of offers assigns a minimum guarantee of $10,000.00 for the base year.
Maximum Contract Guarantee: The maximum guarantee is $999,999.00.
(End of Clause)
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 $15.00 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 $19,000.00;
(2) Any order for a combination of items in excess of $120,000.00; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(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) above.
(d) Notwithstanding paragraphs (b) and (c) above, 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 5 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 12 months from the expiration of its performance period.
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.
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 15 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 58 months.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29
CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class Monetary Wage Fringe Benefits
Motor Vehicle Operator $16.71/hr 36.25%
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/
(End of provision
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection
201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS. (JUN
2005)
(a) Definitions.
As used in this clause-
(1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export
Administration Act of 1979 (50 U.S.C. App. Sec. 2415).
(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.
(3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United
States resident or national (other than an individual resident outside the United States and employed by other than a
United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.
(b) Certification.
By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it -
(1) Does not comply with the Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.
(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services).
(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the
Transportation of Supplies by Sea clause of this solicitation.
(2) Representation.
The Offeror represents that it-
___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the
Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense
Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by
Sea.
252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2010)
(DEVIATION)
(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (OCT 2010)
(DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:
252.237-7010
252.237-7019
Prohibition on Interrogation of Detainees by Contractor Personnel
(NOV 2010) (Section 1038 of Pub. L. 111-84).
Training for Contractor Personnel Interacting with Detainees (SEP
2006) (Section 1092 of Pub. L. 108-375).
252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost
Bearer (JUL 2009) (Section 884 of Public Law 110-417)
252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631)
252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10
U.S.C. 2631)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow
(WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training
Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Invoice and Receiving Report (Combo)
(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and
“Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in
WAWF, as specified by the contracting officer.
Destination
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F67100
Issue By DoDAAC FA7000
Admin DoDAAC FA7000
Inspect By DoDAAC F4BQ00
Ship To Code F4BQ00
Ship From Code Not Applicable
Mark For Code Not Applicable
Service Approver (DoDAAC) F4BQ00
Service Acceptor (DoDAAC) F4BQ00
Accept at Other DoDAAC Not Applicable
LPO DoDAAC Not Applicable
DCAA Auditor DoDAAC Not Applicable
Other DoDAAC(s) Not Applicable
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional
Email Notifications” field of WAWF once a document is submitted in the system.
Not Applicable.
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Not Applicable.
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
5352.201-9101 OMBUDSMAN (NOV 2012)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the
Center/MAJCOM/DRU or AFISRA ombudsmen, Kelly S. Snyder
8110 Industrial Drive, Ste 103
USAFA, CO 80840
Telephone number 719-333-2074
FAX 719-333-9018
email: kelly.snyder@us.af.mil http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf
Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or
AFISRA 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) 256-2397, 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.
5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)
(a) In performing work under this contract on a Government installation, the contractor shall:
(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and
(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.
(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH)
Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.
(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and refer to USAFA A-01 Contractor Access to USAFA Instruction to obtain a vehicle pass. Contractor must provide two acceptable forms of identification. Identification cards will be validated against information provided on the original USAFA Form 111. Identification must meet the requirements outlined by the Department of Homeland Security, U.S. Citizenship and Immigration Service, I-9 Form, Employment
Eligibility Verification, List of Acceptable Documents. Other forms of identification will NOT be accepted.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) There is no work under this contract that requires unescorted entry to controlled or restricted areas.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 01 Atch 1 - Performance
Work Statement
24 27-FEB-2013
Attachment 02 Atch 2 - Technical
Exhibits
10 27-FEB-2013
Attachment 03 Atch 3 - Wage
Determination
9 13-JUN-2012
Attachment 04 Atch 4 - Quality
Assurance Surveillance
Plan
13 27-FEB-2013
Attachment 05 Atch 5 - Past Performance
Questionnaire
6 22-JAN-2013
52.212-1 Instructions to Offerors--Commercial Items FEB 2012
ADDENDUM TO FAR 52.212-1
THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY
REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY
REFERENCE.
Addendum to FAR 52.212-1 – Instructions to Offerors—Commercial Items (Feb 2012)
FAR 52.212-1 IS HEREBY TAILORED AS FOLLOWS:
1. 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (Feb 2012)
Addendum to FAR 52.212-1(b), Submission of Offers. Submit signed and dated offer to 10th Contracting Squadron, 10 CONS/LGCA, Aaron Vollbracht, Contract Specialist, 8110 Industrial Drive, USAF Academy, CO 80840. Offers must be submitted by the date and time specified in blocks 6 and 8 on the SF 1449. Facsimile and e-mails proposals will not be accepted, no exception.
Addenda 52.212-1(b), Submission of Offerors. The subparagraph(s) are tailored as follows:
Paragraph (b)(5) is deleted in its entirety.
Paragraph (b)(9) Acknowledgements of Solicitation Amendments is replaced with the following:
Provide a written statement that the offeror’s proposal incorporates all amendment to the solicitation (if applicable).
Paragraph (b)(10) is deleted in its entirety.
Addenda to 52.212-1(c), Period for Acceptance of offers. The paragraph is tailored as follows: “The Offeror agrees to hold the prices in its offer firm for 120 days from the date specified for receipt of offers.”
Addenda to 52.212-1(e), Multiple offers. This paragraph is deleted in its entirety.
Addenda to 52.212-1(f), Late submissions, modifications, revisions, and withdrawals of offers. The subparagraph are tailored as follows:
Paragraph (f)(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.
Addendum to FAR 52.212-1(h) Multiple Awards is amended as follows: “The Government will award a contract on an “all or none” basis, multiple awards shall not be contemplated.”
2. FORMAL COMMUNICATIONS. Requests for clarification and information concerning the solicitation must be provided in writing no later than 10 days prior to closing. Answers will be compiled and posted electronically to the Federal Business Opportunities Website: https://www.fbo.gov. Questions may be faxed, emailed or delivered via
U.S. postal mail service to the information listed in block 9 of the SF 1449 of the solicitation.
3. Quality Assurance Assessment Plan (QASP) Attachment 4 is provided for informational purposes.
4. Addenda to 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS
General Instructions:
(a) To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The proposal must be complete, self-sufficient, and respond directly to the requirement of this solicitation. The response shall consist of two (2) separate parts: Part I – Price proposal and Part II – Past
Performance.
(b) This section provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The offeror’s proposal must include all data and information requested and must be submitted in accordance with these instructions. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.
(c) In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.
5. PART I - PRICE PROPOSAL - Submit original and one (1) hard copy
(a) Complete blocks 12, 17a, 19, 20, 21, 22, 23, 24, 30(a) (b) and (c) of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. The
SOLICITATION constitutes the model contract.
(b) Insert proposed UNIT and EXTENDED prices in Technical Exhibits A, B, C, D, & E (Attachment 2).
Attachment 2 shall be filled in and returned in its entirety with Part I - Price Proposal. The extended amount must equal the whole dollar unit price multiplied by the estimated quantity. All dollar amounts SHALL be ROUNDED
TO THE NEAREST DOLLAR. The unit price of the offeror’s proposal shall control any conflict between the unit price and the extended amount submitted in response to this solicitation. The proposal(s) must be submitted for a base year plus four (4) option years.
The offeror shall complete the Bid Schedule of the RFP and submit with the Part I - Price Proposal in accordance with these instructions. The Firm Fixed Price (FFP) amount for each Contract Line Item Number (CLIN) shall be inserted from the “TOTAL COST” line item for each respective performance period in the Price List (Attachment 2) and shall be rounded up to the nearest whole dollar. The amounts inserted in Section B must equal the respective
“TOTAL COST” for each contract year in the Price List. The proposed prices shall be based on the offeror’s own technical approach and the Government’s Performance Work Statement (PWS) requirements as set forth herein.
(c) Either complete Representation and Certification in SAM at https://www.sam.gov or the necessary fill-ins and certification in provisions FAR 52.212-3 and its Alternate I. If FAR 52.212-3 and its Alt I are completed in hard copy it shall be returned along with the contractor’s proposal.
(d) Complete the necessary fill-in at DFARS 252.212-7000, Offeror Representations and Certifications –
Commercial Items (included in solicitation).
(e) Provide a written statement that the offeror’s proposal incorporates all amendments to the solicitation (if applicable).
(f) The offeror shall provide a statement that they understand they must meet all requirements stated in the PWS.
(g) A letter of authorization for the contracting officer to verify offeror’s financial responsibility. Include financial institution’s name, address and primary point of contact and phone numbers for financial institutions.
(h) Complete the necessary fill-in at FAR 52.209-7, Information Regarding Responsibility Matters.
6. PART II – PAST PERFORMANCE INFORMATION – Past Performance information. Past performance reference information shall be submitted separately from the cost proposal. Submit original and one (1) copy.
(a) Present and Past Performance information will be used to determine acceptable performance of the services proposed. Only references for same or similar type contracts are desired.
(b) Quality and Satisfaction Rating for Contracts Completed in the Past Three Years (from issue date of solicitation): Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.)
which demonstrate customer satisfaction with overall job performance and quality of completed product for relevant past efforts/contracts (similar in scope and magnitude to the effort and complexities this solicitation requires). In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, etc.
(c) Past Performance Information: The Government will evaluate the quality and extent of an offeror’s performance deemed relevant to the requirements of this solicitation. The Government will use information submitted by the offeror and any other sources of information available to the Government to assess past performance.
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