FA700019QA046_REQUEST_FOR_QUOTE_rev6.docx
DOCX document 95 KB Posted
- Attached to
- USAF Academy Ambulance Services Federal contract opportunity
- Solicitation number
- FA700019QA046
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A modification has been made to the RFQ for this acquisition. The transition period has been changed from 30 days or less to 60 days or less.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| RFI_2_Clarification_FA700019QA046_9_Aug_19_v1.docx | DOCX document | |
| 1_-_response_map_final.pdf | ||
| RFI_2_Responses_FA700019QA046_7_Aug_19_v1.docx | DOCX document | |
| RFI_1_Responses_FA700019QA046_30_July_2019_v1.docx | DOCX document | |
| FA700019QA046_REQUEST_FOR_QUOTE_rev5.docx | DOCX document | |
| Attachment_2_Wage_Determination.pdf | ||
| ATTACHMENT_3_rev1.docx | DOCX document | |
| PWS_rev1_12_July_19.docx | DOCX document |
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Ambulance Services Request for Quote # FA700019QA046
This combined synopsis/solicitation is 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 Request for Quote (RFQ) is issued as solicitation number FA7000-19-Q-A046, which replaces solicitation number FA7000-19-Q-0012, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-03, effective 12 June 2019. The North American Industry Classification System Code (NAICS) is 621910, Ambulance Services and the business size standard is $15 million in average annual receipts. This acquisition is a 100% small business set-aside. All responsible Small Businesses may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA).
This solicitation is being issued in accordance with (IAW) FAR Parts 12 and 13 as an 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 contract will be awarded IAW 52.212-2, found herein.
The government bears no legal liability for cost associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all costs associated with submitting a quote.
Please read and comply with all requirements for submitting a quote under the solicitation instructions 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 offeror’s responsibility to ensure their quote meets all the requirements identified herein.
I. DESCRIPTION OF SERVICE
USAFA has a requirement for Emergency Medical and Transport services in accordance with the Performance Work Statement (PWS) (attachment #1). The awarded firm fixed-price contract will consist of a base period plus four one-year options.
FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018) is incorporated by reference
Addendum to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2018):
NOTICE TO OFFERORS: 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.
Quotes must comply with all instructions contained IAW FAR 52.212-1 and the addenda to FAR 52.212-1, Instructions to Offerors--Commercial Items (listed below). The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, tax identification number, size of business and a statement that the quote is valid for 60 days. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote.
1. General Instructions. To assure timely and equitable evaluation of quotes, the quoter must follow the instructions contained herein. Quoters 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 a quote being ineligible for award. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.
Quotes and contract documentation are requested by 2:00 pm Mountain Daylight Time (MDT), 12 August 19 at 10 CONS/PKB, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Please submit quotes by e-mail to the attention of Brittney Rosenbaum, Contract Specialist at 719-333-5599 brittney.rosenbaum@us.af.mil and Jerry Smith, Contracting Officer at 719-333-3587 jerry.smith.25@us.af.mil. Please submit no more than 30 pages in response to this request. After 30 pages, the Contracting Officer will not continue to evaluate information. One page is considered to be one side of an 8 ½ x 11 piece of paper in a minimum of 10 font, single spaced. It is the quoter’s responsibility to complete their reps and certs at SAM.gov or complete the 52.212-3 provision, in full text, for the quote to be evaluated for award.
All questions must be submitted no later than 10:00 am Mountain Daylight Time (MDT), 7 August 2019 by email to the attention of Brittney Rosenbaum, Contract Specialist at 719-333-5599 brittney.rosenbaum@us.af.mil and Jerry Smith, Contracting Officer at 719-333-3587 jerry.smith.25@us.af.mil.
Late submissions: Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. 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. 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.
The contractor’s quote/response shall consist of three (3) separate parts:
Part I – Price Quote Part II- Technical Documentation – Descriptive/Specification of Performance Plan Part III –Past Performance Information.
2. Format and Specific Instructions.
A. PART I – PRICE QUOTE
The quoter shall submit on company letterhead a quote identifying the unit price for each line item and the overall total price. The quote must be submitted for a base period plus four option years.
The evaluated price will include consideration of pricing for the extension of services under clause 52.217-8. Exercise of the 52.217-8 will be in accordance with the clause language and the Government reserves the right to exercise the clause at the end of any period of performance throughout the term of the contract. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise such options.
Price Quote: List the cost for annual services for each contract line item (CLIN) in accordance with the attached Performance Work Statement. Prices need to be in whole dollar amounts.
CLIN Description Qty Unit Price Total____
0001 Ambulance Services 6.5 Months $__________ $________ Contractor shall provide Emergency Medical and Transport Services IAW the PWS (attachment #1). Base Period of Performance – 16 September 2019 to 31 March 2020.
| 0002 | USAFA Standby Events | 390 | Hours | $ | $ . | |
| Contractor shall provide Emergency Medical and Transport Services IAW the PWS | (attachment #1). Base Period of Performance – 16 September 2019 to 31 March 2020 |
1001 Ambulance Services 12 Months $__________ $________ Contractor shall provide Emergency Medical and Transport Services IAW the PWS (attachment #1). Period of Performance – 1 April 2020 to 31 March 2021.
| 1002 | USAFA Standby Events | 780 | Hours | $ | $ . | |
| Contractor shall provide Emergency Medical and Transport Services IAW the PWS | (attachment #1). Period of Performance – 1 April 2020 to 31 March 2021. |
2001 Ambulance Services 12 Months $__________ $________ Contractor shall provide Emergency Medical and Transport Services IAW the PWS (attachment #1). Period of Performance – 1 April 2021 to 31 March 2022.
2002 USAFA Standby Events 780 Hours $ $ .
Contractor shall provide Emergency Medical and Transport Services IAW the PWS (attachment #1). Period of Performance – 1 April 2021 to 31 March 2022.
3001 Ambulance Services 12 Months $__________ $________ Contractor shall provide Emergency Medical and Transport Services IAW the PWS (attachment #1). Period of Performance – 1 April 2022 to 31 March 2023.
| 3002 | USAFA Standby Events | 780 | Hours | $ | $ . | |
| Contractor shall provide Emergency Medical and Transport Services IAW the PWS | (attachment #1). Period of Performance – 1 April 2022 to 31 March 2023. |
4001 Ambulance Services 12 Months $__________ $________ Contractor shall provide Emergency Medical and Transport Services IAW the PWS (attachment #1). Period of Performance – 1 April 2023 to 31 March 2024.
| 4002 | USAFA Standby Events | 780 | Hours | $ | $ . | |
| Contractor shall provide Emergency Medical and Transport Services IAW the PWS | (attachment #1). Period of Performance – 1 April 2023 to 31 March 2024. |
B. PART II – TECHNICAL DOCUMENTATION
Quoter shall submit technical information on Attachment 3, Technical Information. Fill in the form in its entirety. A point of contact must be provided, so the Government can verify the information provided. A separate form must be completed for each point of contact. All technical information provided must have been performed within 3 years of the closing date of this RFQ.
The Five Technical Factors:
The quoter shall submit documentation to support the following information:
a. Performed Ambulatory Services for a location of at least 15,000 acres.
b. Performed Ambulatory Services for events (i.e. concerts, air shows, sporting events, fairs, exhibitions) with at least 10,000 attendees.
c. Have previously worked with other agencies (federal, state, or county) to handle dispatch, emergency calls, training, or other emergency related tasks.
d. Have previously worked with/on a City, State, Federal, or County property while performing Ambulatory Services.
e. The government anticipates a transition period of 60 days between the contract award date and the performance start date. Provide a plan to obtain the licenses required by the PWS including section 1.6. The plan shall include how progress towards obtaining the proper licenses will be demonstrated to the government and how it will be completed in 60 days or less. The government reserves the right to adjust the performance start date based on the successful quoter's plan.
Please note that if all licenses are not obtained by the performance start date, the contract may be terminated. If the contract is terminated, the Government reserves the right to make an award to the next lowest total evaluated price (TEP) quoter that meets or exceeds the technical experience and past performance evaluation criteria on a acceptable/unacceptable basis.
C. PART III – PAST PERFORMANCE
Past performance information will be gathered using the CAGE code submitted. The Contract Performance Assessment Reporting System (CPARS) will be searched to evaluate past performance and information will also be pulled from the System for Award Management (SAM) on SAM.gov, IAW FAR 9.104-6.
52.212-2 -- Evaluation -- Commercial Items (Oct 2014)
a. The Government will award a firm fixed-price contract resulting from this solicitation to the responsible offeror whose quote 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:
I. Price.
II. Technical Documentation.
III. Past Performance.
b. Award will be made based on the competitive quote with the lowest total evaluated price (TEP) that meets or exceeds the technical experience and past performance evaluation criteria on a acceptable/unacceptable basis. If any technical experience or past performance items are determined to be unacceptable that quote will not be evaluated further and will not be eligible for award.
c. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(End of Provision)
Addendum to FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014).
1. Price Evaluation.
A. The government will rank all responsive quotes by the overall total price to include option pricing. Award will be made based on the prices for the contract line items (CLINs) proposed by the vendor. The extended amounts will be added together to determine the overall total price. The unit price of the vendor’s quote shall control any conflict between the unit price and the overall total price submitted in response to this solicitation. Failure to quote for any item in the Price Schedule may cause the vendor’s quote to be rejected as non-responsive. The price evaluation will document the reasonableness and affordability of the proposed TEP.
B. The evaluated price will include consideration of pricing for the extension of services under clause 52.217-8. The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. By extension, FAR clause 52.217-8 is determined fair and reasonable based on the price schedule evaluation.
2. Technical Evaluation.
A. The Government will evaluate quotes for technical acceptability on an Acceptable/ Unacceptable basis. The quoter must demonstrate prior experience (a.-d.) and an adequate transition approach (e.) for the following:
a. Performed Ambulatory Services for a location of at least 15,000 acres.
b. Performed Ambulatory Services for events (i.e. concerts, air shows, sporting events, fairs, exhibitions) with at least 10,000 attendees.
c. Have previously worked with other agencies (federal, state, or county) to handle dispatch, emergency calls, training, or other emergency related tasks.
d. Have previously worked with/on a City, State, Federal, or County property while performing Ambulatory Services.
e. The government anticipates a transition period of 60 days between the contract award date and the performance start date. Provide a plan to obtain the licenses required by the PWS including section 1.6. The plan shall include how progress towards obtaining the proper licenses will be demonstrated to the government and how it will be completed in 60 days or less. The government reserves the right to adjust the performance start date based on the successful quoter's plan.
B. The technical factors will receive one of the following ratings listed below. All technical factors must be rated “Acceptable” for the quote to receive an overall technical rating of acceptable.
| Rating |
| Description |
Acceptable Information provided clearly demonstrates the vendor’s ability to meet the technical factor.
Unacceptable
Information provided does not clearly demonstrate the vendor’s ability to meet the technical factor.
In order for the Government to assign a rating to a., b., c., and d., the technical documentation must be verified with the customer by the evaluation team, via phone or email. At a minimum, the Government will use the quoter’s provided point of contact, phone or email to verify the project was performed by the named contractor and to verify that the minimum technical requirements stipulated above were included in the service in order to determine if the technical requirements have been met. If the point of contact cannot be reached through reasonable attempt a rating of Unacceptable will be assigned.
In order for the Government to assign a rating to e., at a minimum, the Government will need to see a narrative statement discussing how the proper licenses will be obtained and a timeline of how the process of obtaining them will be accomplished. If this information is not included with the quote a rating of Unacceptable will be assigned. Additionally, if the plan presented does not demonstrate the licenses being obtained within 60 days or less, a rating of Unacceptable will be assigned.
3. Past Performance Evaluation.
Past performance information will be evaluated on an acceptable/unacceptable basis with information gathered via the CAGE code submitted; The Contract Performance Assessment Reporting System (CPARS) will be searched to evaluate past performance and information will also be pulled from the System for Award Management (SAM), IAW FAR 9.104-6. In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available on CPARS.gov, or SAM.gov or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter shall be determined to have unknown (or "neutral") past performance. In the context of acceptability / unacceptability, a neutral rating shall be considered "acceptable".
Table A-2. Past Performance Evaluation Ratings
| Rating |
| Description |
| Acceptable |
| Vendor is not debarred, suspended or otherwise ineligible to receive an |
agreement and has no derogatory information in CPARS.gov or SAM.gov.
| Unacceptable |
| Vendor is debarred, suspended or otherwise ineligible to receive an |
award and has derogatory information in CPARS.gov or SAM.gov.
4. Communication and Basis of Award.
Communication conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for a quote revision.
An award, if any, will be made to the responsible quoter who submits a quote that; conforms to the requirements of the RFQ; receives a rating of “Acceptable” on the technical evaluation factor, past performance factor, and submits the quote with the lowest price for the length of the proposed acquisition. The government reserves the right to award a contract or no contract at all.
Quoters shall provide the information described in the addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items. Quoters shall meet all solicitation requirements, such as terms and conditions, representations and certifications, and PWS requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may result in the quoter being ineligible for award. Quoters must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale to the Contracting Officer. The Government reserves the right to determine any such exceptions unacceptable, and the quoter, therefore, ineligible for award. In the case that a discrepancy exists between the addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items and the addendum to FAR 52.212-2, Evaluation – Commercial Items, the evaluation criteria in the addendum to FAR 52.212-2, Evaluation – Commercial Items will take precedence.
CLAUSES INCORPORATED BY REFERENCE:
| 52.203-3 | Gratuities | APR 1984 | |||||||
| 52.203-6 Alt I | Restrictions on Subcontractor Sales to the Government | OCT 1995 | |||||||
| (Sept 2006 – Alternate I | |||||||||
| 52.204-9 | Personal identity Verification of Contractor Personnel | JAN 2011 | |||||||
| 52.209-11 | Representation by Corporations Regarding Delinquent | FEB 2016 | |||||||
| Tax Liability or a Felony Conviction under any Federal Law | |||||||||
| 52.212-4 | Contract Terms and Conditions – Commercial Items | OCT 2018 | |||||||
| 52.222-1 | Notice to the Government of Labor Disputes | FEB 1997 | |||||||
| 52.222-3 | Convict Labor | JUN 2003 | |||||||
| 52.225-25 | Prohibition on Contracting with Entities Engaging in Certain DEC 2012 | ||||||||
| Activities or Transactions Relating to Iran – Representation | |||||||||
| And Certifications. | |||||||||
| 52.232-18 | Availability of Funds | APR 1984 | |||||||
| 52-232-33 | Payment by Electronic Funds Transfer – System for Award | JUL 2013 | |||||||
| Management | |||||||||
| 52.237-2 | Protection of Government Buildings, Equipment, and | APR 1984 | |||||||
| Vegetation | |||||||||
| 52.237-7 | Indemnification of Medical Liability Insurance | JAN 1997 | |||||||
| 52.246-25 | Limitation of Liability – Services | FEB 1997 | |||||||
| 252.203-7000 | Requirements Relating to Compensation of Former DoD | SEP 2011 | |||||||
| Officials | |||||||||
| 252.203-7002 | Requirement to Inform Employees of Whistleblower Rights SEPT 2013 | ||||||||
| 252.203-7003 | Agency Office of the Inspector General | DEC 2012 | |||||||
| 252.204-7004 | Level I Antiterrorism Awareness Training for Contractors | FEB 2019 | |||||||
| 252.204-7008 | Compliance with Safeguarding Covered Defense Information | ||||||||
| Controls | OCT 2016 | ||||||||
| 252.209-7004 | Subcontracting with Firms that are Owned or Controlled by | OCT 2015 | |||||||
| The Government of a Country that is a State Sponsor of | |||||||||
| Terrorism. | |||||||||
| 252.225-7002 | Qualifying Country Sources as Subcontractors | DEC 2017 | |||||||
| 252.226-7001 | Utilization of Indian Organizations, Indian-Owned Economic SEPT 2004 | ||||||||
| Enterprises, and Native Hawaiian Small Business Concerns | |||||||||
| 252-232-7003 | Electronic Submission of Payment Requests and Receiving | JUNE 2012 | |||||||
| Reports. | |||||||||
| 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 | |||||||
| 252.244-7000 | Subcontracts for Commercial Items | JUN 2013 |
CLAUSES INCORPORATED BY FULL TEXT
52.212-4(c) Addendum 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, appropriations 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)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.
As prescribed in 12.301(b)(4), insert the following clause:
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 2019)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Jan 2011) of 52.219-4.
__ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) __ (ii) Alternate I (Jan 2017) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).
X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
__ (ii) Alternate I (July 2014) of 52.222-35.
__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
__ (ii) Alternate I (July 2014) of 52.222-36.
X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).
__ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
X (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
X (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note,19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
(iv) Alternate III (May 2014) of 52.225-3.
__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;10 U.S.C. 2302 Note).
__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).
__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
X (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.
(End of clause)
ADDENDUM FAR 52.217-8
The price for extended services is based on the price of CLINS specified in the contract under Schedule B in effect when this option is exercised. The price for any period for which this option is exercised is determined as follows: CLIN unit price multiplied by the number of months for which service is being extended.
52.217-9 Option to Extend the Term of the Contract
(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 the option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60.5 months.
| 52.222-35 |
| Equal Opportunity for Veterans. |
| (OCT 2015) |
As prescribed in 22.1310(a)(1), insert the following clause: Equal Opportunity for Veterans (Oct 2015) Definitions. As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of Clause)
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities. |
| (JUL 2014) |
As prescribed in 22.1408(a), insert the following clause: Equal Opportunity for Workers with Disabilities (Jul 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
| (a) | The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. |
| (b) | Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. |
| (c) | The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. |
(End of clause)
IAW FAR 28.307-2
IAW 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 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 $1,000,000 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. |
52.252-2 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/ acquisition.gov (End of clause)
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. |
(End of clause)
| 252.215-7008 |
| Only One Offer. |
| (OCT 2013) |
As prescribed at 215.408(3), use the following provision: ONLY ONE OFFER (OCT 2013)
(a) After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or pricing data if the Contracting Officer notifies the offeror that-
(1) Only one offer was received; and
(2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3).
(b) Requirement for submission of additional cost or pricing data. Except as provided in paragraph (c) of this provision, the Offeror shall submit additional cost or pricing data as follows: (1) If the Contracting Officer notifies the Offeror that additional cost or pricing data are required in accordance with paragraph (a) of this clause, the data shall be certified unless an exception applies (FAR 15.403-1(b)).
(2) Exceptions from certified cost or pricing data. In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.
(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.
(ii) Commercial item exception. For a commercial item exception, the Offeror shall submit, at a minimum, information on prices at which the same item or/ similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include
(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;
(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; or
(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.
(3) The Offeror grants the Contracting Officer or an authorized representative the…
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