Attachment 3 - Provisions and Clauses--Instructions to Offerors--Eval Criteria.docx

PROVISIONS AND CLAUSES

Contract Administration Data DFARS Clauses Incorporated by Reference

DFARS Clauses Incorporated by Full Text 252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii)

(iii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Not Applicable

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2 in 1

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(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*

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

Rosslyn R. Dobbins, email: rosslyn.r.dobbins.civ@health.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements Contract Clauses FAR Clauses Incorporated by Reference

DFARS Clauses Incorporated by Reference

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

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days[insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days days [60days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months(months) (years).

Supplemental Clauses Incorporated by Full Text 5352.201-9101 AFICC-WP Ombudsman (Jul 2023)

(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, Mr. Michael Talbott, AFICC KP Director, 1940 Allbrook Drive, Building 1, Wright-Patterson AFB, OH 45433, Phone: 937.257.5529, email: michael.talbott@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.

5352.223-9001 Health and Safety on Government Installations (Jul 2023)

(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.

Representations, Certification, & Other Statements FAR Clauses Incorporated by Reference

DFARS Clauses Incorporated by Reference

FAR Clauses Incorporated by Full Text 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. (Dec 2023) Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

Instructions, Conditions, & Notices to Offerors or Quoters FAR Clauses Incorporated by Reference

DFARS Clauses Incorporated by Reference

Instructions and Evaluation Factors for Award

52.212-1(b) Instruction to Offerors—Commercial Products and Commercial Services.

Instructions to Offerors—Commercial Products and Commercial Servies (Sep 2023)

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

ADDENDUM: The contractor must submit the following Volumes;

Volume 1: Technical Approach. Page Limit- 20 Volume 2: Responsibility. Page Limit- 5 Volume 3: Price Proposal

FAR 52.212-2 Evaluation – Commercial Items

I. BASIS FOR AWARD

This Request for Quotation will result in the selection of a Quotation that represents the best value to the government using the definition of best value found in FAR 2.101. A contract will be formed with the selected Quoter when the government’s order for services is accepted. The Government will evaluate both price and non-price factors. The Government intends to accept a Quotation without interchanges; however, the Government reserves the right to conduct interchanges if deemed necessary.

A single award will be made to the responsive vendor whose quotation demonstrates a complete understanding of the requirement and represents the best value to the Government. The Government will evaluate quotations based on: (1) an assessment of Understanding of Requirements and (2) a Price evaluation.

II. BEST VALUE DETERMINATION

The Government will conduct a comparative assessment of the quotations. In determining which quotation represents the best value to the Government, the Government will consider how well each quotation demonstrates a complete understanding of the Performance Work Statement (PWS) as reflected in the Understanding of Requirements rating (Good, Satisfactory, or Limited). The Government will evaluate the quotations' ability to demonstrate confidence in meeting the government's requirements for the proposed price.

A. FACTOR 1: Understanding of Requirements:

Quotations will be evaluated for their comprehension of the Government's needs based on an overall assessment of their Technical Approach.

The following factors will be considered critical indicators the respondent can meet the requirements outlined in the PWS:

A1. Experience and Knowledge: Demonstrated military experience with knowledge of NISPOM, DISS, and NBIS systems. The proposal must clearly describe the quoter’s relevant experience and how it relates to the requirements of this PWS.

A2. Education: Possession an associate’s degree in a technically relevant field. The Quote should include proof of education (e.g., copy of diploma or transcript) to demonstrate the offeror's credentials.

Technical Approach will be assigned a rating of Good, Satisfactory, or Limited based on the definitions below:

Good: The proposal demonstrates a strong understanding of the requirements and provides clear evidence of the offeror's ability to meet or exceed them. The offeror's experience and education are highly relevant and well-articulated.

Satisfactory: The proposal demonstrates an adequate understanding of the requirements. The offeror's experience and education meet the minimum requirements but may not be fully detailed or clearly linked to PWS.

Limited: The proposal demonstrates a limited understanding of the requirements or does not provide sufficient evidence of the offeror's relevant experience and education.

The quotations will be assessed on the following questions:

Does the offeror have a proven track record of meeting the requirements listed in the PWS?

Does the offeror have the appropriate education to complete the work?

B. FACTOR 2: Price:

Once the understanding of requirements has been individually assessed and rated for each quotation, price will be evaluated. The importance of price will increase or decrease in relation to the equality of quotations comparatively assessed for FACTOR 1.

The quotation will be assessed with the following question:

Is the offeror's price realistic and appropriate for the work to be done?

The Government will be assessing which quotation demonstrates the best overall solution for the government. The quotation selected will represent the best value to the government.

III. RESPONSIBILITY DETERMINATION

Prior to award, the Government will determine that the selected offeror is responsible. To be determined responsible, an offeror must meet the applicable standards outlined in FAR 9.104-1, which include, but are not limited to, demonstrating the following:

(a) Adequate Financial Resources: Possess adequate financial resources to perform the contract, or have the ability to obtain them (e.g., access to credit).

(b) Ability to Comply with Delivery Schedule: Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

(c) Satisfactory Performance Record: Have a satisfactory performance record. Offerors with no prior performance record are not automatically deemed non-responsible, but the Government may need to conduct additional inquiries to assess their ability to perform.

(d) Satisfactory Record of Integrity and Business Ethics: Have a satisfactory record of integrity and business ethics.

(e) Necessary Organization, Experience, Accounting and Operational Controls, and Technical Skills: Possess the necessary organization, experience, accounting and operational controls, and technical skills, or have the ability to obtain them (e.g., through subcontracting).

(f) Necessary Production, Construction, and Technical Equipment and Facilities: Possess the necessary production, construction, and technical equipment and facilities, or have the ability to obtain them.

(g) Otherwise Qualified: Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

The Government may use various sources of information to assess an offeror's responsibility, including:

Information provided by the offeror in its quotation.

· Past Performance Information Retrieval System (PPIRS).

· Commercial sources (e.g., credit reports).

· References provided by the offeror.

· Any other information deemed relevant by the Government.

If the Government has concerns about an offeror's responsibility, the Contracting Officer may request additional information from the offeror or conduct a pre-award survey to assess its capabilities. If the Contracting Officer determines that an offeror is not responsible, the Government will document the reasons for the determination and may consider making an award to the next highest-rated offeror who is determined to be responsible.