RFQ_Forest_Health_Rev_1.docx

Combined Synopsis/Solicitation

IAW FAR 12.603

This is a combined synopsis/solicitation for a commercial service prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as solicitation number FA700017T0043 in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-95, effective 13 Jan 2017. The North American Industry Classification System Code [NAICS] is 115310 and the business size standard of $7.5 Million. The acquisition is a 100% Small Business Set-Aside. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA).

The government bares no legal liability for quote cost associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all cost associated with submitting a quote.

Notice to Quoter(s)/Supplier(s): The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse a quoter for any costs.

Please read and comply with all requirements for submitting a quote under the solicitation instruction and the addenda to FAR 52.212-1. Failure to comply with all instructions contained within this Synopsis/Solicitation could result in the quote being ineligible for award. It is the Quoters responsibility to ensure their quote meets all the requirements identified herein.

I. DESCRIPTION: This requirement is for forestry services on USAFA and Farish Recreation Area. The requirement includes locating, identifying and removing 100 technically difficult trees, beetle infested tree removal and disposing of them. It also includes overstory thinning for 93 acres (see Attachment 5 Thinning Map). See the attached Performance Work Statement (PWS). The period of performance (POP) will be for one year from date of award. The work will be throughout the POP on an as needed basis. For CLIN 0001, quotes shall be based on an average size tree that is difficult to remove. This is a Firm Fixed Price Contract, when invoicing contractor shall invoice for the number of trees/acres cut at the contracted price. There will be no flexibility in the price.

The following Federal Acquisition Regulation (FAR) clauses apply to this combined synopsis/solicitation and quoters must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies: The contractor shall submit Attachments 2, 3, and 4 of this solicitation. The Government is not responsible for locating or obtaining any information not identified in the offer.

A MANDATORY site visit will be conducted on 4 May 2017 from 09:00 AM Mountain Time. Only one site visit will be conducted and only two representatives from each company may attend. Potential quoters shall meet at the Pass and ID parking lot outside of the South Gate entrance to the USAFA. Quoters who plan to attend must contact one of the following individuals on or before 3 May 2017 at 9:00 AM Mountain Time: Contract Specialist, Heidi Stein, 719-333-8049, heidi.stein.2@us.af.mil, or Contract Specialist Tom Rokita, 719-333-9629, thomas.rokita@us.af.mil, or Contracting Officer, Carol Mohr, 719-333-6357, carol.mohr@us.af.mil.

**During the site visit the quoters will be required to make recommendations for flagged trees and state why that recommendation was made. The responses will be included in the technical evaluation.**

Quotes and past performance references must be received no later than 1:00 PM Mountain Time, 19 May 2017 at the 10 CONS/PKA, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Please submit quotes by e-mail to the attention of Heidi Stein, Contract Specialist at 719-333-8049 at email address heidi.stein.2@us.af.mil. In her absence, please contact Carol Mohr, Contracting Officer at 719-333-6357 or carol.mohr@us.af.mil.

II. SOLICITATION INSTRUCTIONS

Offerors must comply with all instructions contained in the addenda to FAR 52.212-1, Instructions to Offerors--Commercial Items (listed below). The quoter shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, size of business, and warranty information. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Descriptive literature and technical specifications must contain adequate information to judge if products meet or exceed the characteristics supplied in the solicitation.

FAR 52.212-1, Instructions to Offerors – Commercial Items (Jan 2017), incorporated by reference

Addenda to FAR 52.212-1, Instruction to Offerors – Commercial Items (Jan 2017):

1. This Solicitation is being issued in accordance with (IAW) FAR Parts 12 and 13 as a Request for Quote (RFQ). IAW FAR 13.004, in all instances throughout this solicitation any use of the word “proposal” should be understood as “quote”. All instances of the word “offeror” should be understood as “quoter.” All instances of the word “award” should be understood as “order.” Quotes supplied in response to this solicitation are not binding. The requirement will be awarded to the Quoter IAW 52.212-2.

2. Late submissions:

a. Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.

b. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition

c. If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

3. 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.”

4. Formal communications. Requests for clarification and information concerning the solicitation must be provided in writing no later than 5 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 or emailed to the point of contact listed in Section I. Description, paragraph 3. All correspondence should reference the solicitation number.

5. Quotation preparation instructions:

a. General Instructions: To assure timely and equitable evaluation of the proposal, the quoter must follow the instructions contained herein. Quoters are required to meet all Request for Quote (RFQ) requirements, including terms and conditions, representations and certifications, past performance requirements, and technical information. Failure to meet a requirement may result in an offer being ineligible for award. Quoters must clearly identify any exception to the RFQ terms and conditions and provide complete accompanying rationale. The response shall consist of four (4) separate parts; Part I – Price Quote (Attachment 2), Part II- Past Performance References (Attachment 3), Part III – Technical Evaluation, and Part IV - Contract Documentation (Representation and Certification).

b. 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. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; quoters may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

c. PART I – PRICE QUOTE – Fill in and Submit Attachment 2. The unit price for each line item to include the total line item price with an overall total price.

d. PART II – PAST PERFORMANCE REFERENCES - Quoters shall submit no more than 3 recent and relevant references. Recency is defined as past performance on a job/contract within the last three (3) years from the closing date of this quote. Relevant performance is defined as work involving similar or greater scope, magnitude and complexity as described in the Performance Work Statement (PWS). If more than 3 recent and relevant references are received, the first 3 received will be evaluated.

OPTION 1: Attachment 3 can be sent to quoter’s past customers where recent and relevant work was accomplished. The quoter is required to fill-out Section I Contract Information before sending the form to their past customers. The customer must fill-out the form and send it directly to the Government points of contact listed on Attachment 3. The Government will not accept a past performance surveys provided by the Quoter.

OPTION 2: The Quoters can include, with their quote, Attachment 3, Section I Contract Information for 3 separate customers. The Government will then reach out to the customer to answer the survey questions.

e. Part III – TECHNICAL EVALUATION – The technical evaluation will include, evaluation of recommendations made at the site visit and Attachment 4 stating supervisors will have five years experience with felling hazard trees and 3 seasons of experience with Rocky Mountain forest insect and disease identification.

f. Part IV – CONTRACTOR DOCUMENTATION - Representation and Certification. (see paragraph a below)

(1) Either complete Representation and Certification in the System of Award Management (SAM) at https://www.sam.gov or the necessary fill-ins and certification in the provision at FAR 52.212-3 (Jan 2017), Alt I (Oct 2014). This provision was updated in January 2017; if the offeror completed the provision on SAM prior to this date, it is advised that the offeror complete a hard copy of the provision and include it with the quote.

(2) Price quotes must be Firm-Fixed Price.

(3) The System for Award Management (SAM), contractors must be registered with SAM to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration (https://www.sam.gov/portal/SAM/#1).

(4) Provide a written statement that the quote incorporates all amendments to the solicitation (if applicable).

(5) A letter of authorization for the contracting officer to verify quoter’s financial responsibility. Include financial institutiion’s name, address and primary point of contact and phone number for financial institutions and complete Quoter’s Financial Reference (Attachment 7).

ADDRESS:

USAF Academy USAF Academy, CO 80840

And

Farish Recreation Area 12005 Rampart Range Road Woodland Park, CO 80863

The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition:

FAR 52.212-2 EVALUATION--COMMERCIAL 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 quotes:

Technical and Past Performance are more important than price.

Paragraphs b and c are not applicable as shown below:

(b) Options. The Government will evaluate offers for award purposes by adding the total prince 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 specific expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDUM TO 52.212-2 -- Evaluation – Commercial Items (Oct 2014)

BASIS FOR CONTRACT AWARD: In accordance with FAR Parts 12 and 13, the Government is conducting a (best value) between price and technical and past performance of quotes with technical and past performance being significantly more important than price. The evaluation process will proceed as follows:

1. Price Evaluation. Initially, offers shall be ranked according to price. A quoter’s proposed price will be determined by multiplying the quantity by the contractor’s proposed unit price to confirm the extended amount for each contract line item (CLIN). The unit price of the quoter’s quote shall control any conflict between the unit price and the extended amount submitted in response to this RFQ. No advantage will accrue to a quoter who proposes the perform the work for an unrealistically low price. The lowest price quote may not necessarily be selected. Failure to propose for any item may cause the quoter’s quote to be rejected as non-responsive. The price evaluation will document the reasonableness and affordability of the quoted total evaluated price (TEP).

2. Technical Evaluation. The lowest priced offer will be evaluated for technical acceptance. Technical evaluation is more important than price. The evaluation will be pass/fail. A quoter will be rated pass if they are in compliance with the following: Are able to accurately recommend a course of action for trees at the site visit, state their supervisors have 5 years of experience with felling trees and 3 seasons of experience with Rocky Mountain forest insect and disease identification (Attachment 4). If the lowest priced quoter is Technically Acceptable (pass) then their past performance will be evaluated. If the lowest priced quoter is Technically Unacceptable (fail) then the next lowest evaluated price will be technically evaluated. This will continue until all quotes are evaluated.

3. Past Performance Evaluation. The lowest price technically acceptable quoter will be evaluated for Past Performance. First, the Past Performance will be rated on relevancy. If it is found to be Somewhat or Not Relevant the evaluation will stop for this quoter. If it is found to be Very Relevant or Relevant then it will be rated on confidence. If the lowest priced technically acceptable quoter also has Past Performance rating of Substantial Confidence, at an affordable price, an award will be made. If the lowest priced, technically acceptable quoter does not have Substantial Confidence, evaluation will continue until a quoter is determined to be technically acceptable with a Substantial Confidence rating, at an affordable price. If no offers are evaluated to have Substantial Confidence then award will be made to the quoter that is technically acceptable with at a minimum a Satisfactory Confidence rating, at an affordable price.

a. The purpose of the past performance evaluation is to assess the degree of confidence the Government has in the quoter’s ability of meeting the solicitation requirements. The past performance evaluation considers each quoter’s demonstrated recent and relevant record of performance in supplying products that meet the contract’s requirements. The currency and relevance of the information, source of the information, context of the data, and general trends in the contractor’s performance shall be considered. These are combined to establish one performance confidence assessment rating for each quoter. The government also may use sources other than those provided in response to this solicitation, such as information obtained from the Federal Awardee Performance & Integrity Information System (FAPIIS), the Past Performance Information Retrieval System (PPIRS), and the System of Award Management (SAM). There are three aspects to the past performance evaluation: Recency, relevancy, and quality.

(1) Recency is defined as past performance on contracts within the last three (3) years from the closing date of this quote. Past performance not considered recent will not be evaluated.

(2) Relevancy will be rated as either Relevant, Somewhat Relevant, or Not Relevant, as indicated in the table below. Relevant performance is defined as work involving similar or greater scope, magnitude and complexity as described in the Performance Work Statement (PWS). Somewhat relevant performance is defined as involving lesser scope, magnitude and complexity than the effort described in the PWS. Performance which fails to meet either of these definitions will be determined to be non-relevant and will not be evaluated

Past Performance Relevancy Rating Method

(3) Quality is defined as the excellence of the product, quality control and inspection procedures, delivery timeliness, and business relations with the customer. Overall quality ratings will be based on the information provided in the past performance survey(s), as shown in the table below.

b. Recency, relevancy and quality ratings for the evaluated past performance citations will be integrated to determine an overall confidence assessment rating. This process will result in an overall performance confidence assessment rating of Satisfactory Confidence, Limited Confidence, No Confidence, or Neutral Confidence, as shown in the table below. Offerors with no relevant past or present performance history shall receive the rating “Neutral Confidence”, meaning the rating is treated neither favorably nor unfavorably (neutral).

Performance Confidence Assessments Rating Method

b. Recency, relevancy and quality ratings for the evaluated past performance citations will be integrated to determine an overall confidence assessment rating. This process will result in an overall performance confidence assessment rating of Satisfactory Confidence, Limited Confidence, No Confidence, or Neutral Confidence, as shown in the table below. Offerors with no relevant past or present performance history shall receive the rating “Neutral Confidence”, meaning the rating is treated neither favorably nor unfavorably (neutral).

3. Best Value Decision. The Contracting Officer shall make an integrated assessment best value decision considering all responsive quotes. The Government will award to the quoter whose quote represents the best performance for an affordable price. The Government reserves the right to award one or no contract at all, depending on the quality of quotes submitted.

(End of Addendum)

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)

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

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

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

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

(b)

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

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

(ii) 52.219-8, 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 $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) 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 (Sep 2016) (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) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

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

(xii) _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).

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

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

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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

(xix) 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).

(xx) 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.

(xxi) 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) 52.222-42 -- Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute 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

Forestry/Logging Heavy Equipment Operator WG-08 Step 01

Slash Piler/Buner WG-04 Step 01

(End of Clause) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil

(End of Clause)

III. CONTRACT CLAUSES

Additional FAR clauses by reference cited in the clause applicable to this acquisition are:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.209-6 Protecting the Governments Interests When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017)

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 a complete list of changes that may be made unilaterally, see FAR 43.103(b).

(End of Addendum)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Oct 2016) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Apr 2015) 52.222-36 Equal Opportunity for Workers w/Disabilities (Jul 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relation Act (Dec 2010) 52.222-41 Service Contract Labor Standards (May 2014) 52.222-50 Combat Trafficking in Persons (Mar 2015) 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)

ADDENDUM TO FAR 52.228-5

FAR 28.307-2, Required Insurance

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 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.

(End of Addendum)

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013) 52.232-40 Providing Accelerated Payments to Small Business Contractors (Dec 2013) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-1 Site Visit (Apr 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.246-25 Limitation of Liability -- Services (Feb 1997)

Additional DFARS clauses cited in the clause applicable to this acquisition are:

DFARS Clauses in full text:

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

2 in 1

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

N/A

(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*

(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.

heidi.stein.2@us.af.mil (Contract Specialist)

(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.

866-618-5988

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

AFFARS CLAUSES IN FULL TEXT:

5352.201-9101 OMBUDSMAN (JUN 16)

(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 ombudsman, James A. Anderson 8110 Industrial Drive, Ste 103

USAFA, CO 80840

Telephone number 719-333-2074

FAX 719-333-9018

email: James.Anderson.72@us.af.mil

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

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

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

(End of clause)

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (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, and valid vehicle insurance certificate to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management citing the appropriate paragraphs as appplicable.

(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.

10 CONS Addendum: Per AFI91-120, paragraph 2.12 applicable to all AF contract and lease, contractors and subcontractors are to promptly report pertinent facts regarding mishaps involving reportable damage or injury to the Air Force and to cooperate in any Air Force safety investigation. Cooperation will include toxicology testing (paragraph 2.7.4). For additional guidance on contracts see AFI 91-202, The US Air Force Mishap Prevention Program specifically paragraphs 3.5.1, 3.13.3. and 8.10. In additional per USAFA Supplemental to AFI 91-201, paragraph 2.12, the contractor will report government property damage or serious injury to contractor personnel to USAFA/SE within one duty day of the mishap or event.

(End of clause)

ATTACHMENTS

PROVISIONS:

52.212-3 Offeror Representations and Certifications -- Commercial Items (Jan 2017) Alternate I (Oct 2014).

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision-- “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(6) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured end product”…