BPA__Combined_Synopsis_and_Solicitation_6_20_das_comments.docx__F.docx

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Flooring BPA Federal contract opportunity
Solicitation number
FA8136-19-Q-A003
Issued by
Department of the Air Force Materiel Command Air Force Sustainment Center

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Combined Synopsis and Solicitation

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Combined Synopsis/Solicitation

(IAW FAR 12.603)

Flooring BPA Solicitation Number FA813619QA003

This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with FAR 12.6, as supplemented. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The Air Force Sustainment Center (AFSC) Operational Contracting Branch at Tinker Air Force Base Oklahoma intents to award up to four Blanket Purchase Agreement (BPA) for the acquisition of the services listed below.

This acquisition is 100% Small Business Set Aside. The North American Industry Classification System (NAICS) code is 238330 with a size standard $15M

Quote Submissions Information:

Quotes are due by 9 Sept 19 at 1:00 PM central standard time (CST). Contact the following individuals for information concerning this solicitation:

NOTE: Emailed quotes are preferred Shiela Morrall Contract Specialist shiela.morrall@us.af.mil Tinker AFB, OK 73145-9025

Requirements:

SERVICES

The contractor shall furnish all tools, labor, equipment, instruments, demolition, transportation, delivery and incidentals necessary to purchase, repair/replace carpet, cushions, carpet tiles/squares, vinyl tile, sheet vinyl and ceramic tile at Tinker ABF, OK in accordance with the attached Performance Work Statement (PWS) at Tinker AFB, Oklahoma. In certain instances the contractor shall be required to install Government furnished materials. See attached Performance Work Statement and Items Listing.

BPA Call Limit: $250,000.00

Period of Performance: 1 Dec 19 – 30 Nov 24

FSC Codes:

S299

DESCRIPTION AND SPECIFICATIONS

BPA SCHEDULE

Blanket Purchase Agreement Schedule Clauses (IAW FAR 13.303-2 and 13.303-3)

1. Description of Agreement The contractor shall furnish supplies and service, if and when requested by the Contracting Officer or the authorized representative of the Contracting Officer during the period specified in the clause below entitled “Period of Performance”. Purchases (which may be referred to as calls) made hereunder may be written or oral. Such calls shall include a description of the supplies or services being ordered; prices therefore; delivery schedule; FOB point; place of inspection and acceptance; preservation, packing and marking requirements; designation of appropriations chargeable together with such other specifics covered elsewhere herein.

Supplies and services will be identified on individual purchases issued in accordance with the paragraph above.

2. Extent of obligation The government is obligated only to the extent of authorized calls actually placed against this BPA.

3. Purchase Limitation No individual call under this agreement shall exceed $250,000. For authorized calls utilizing the Government Purchase Card, the dollar limit for each call shall be $25,000.

4. Individuals Authorized to Place Calls A list of names of individuals authorized to place calls under this agreement will be provided by the Contracting Officer. Only individuals listed on the aforementioned letter are authorized to make calls against this agreement. Calls received by the Contractor from personnel not listed as authorized personnel shall not be honored. The Contractor should notify the Contracting Officer anytime an unauthorized individual tries to place a call against this agreement.

5. Delivery Tickets All shipments under this agreement, except those for newspapers, magazines or other periodicals, shall be accompanied by delivery tickets or sales slips which shall contain the following minimum information:

(i) Name of supplier

(ii) Blanket Purchase Agreement number

(iii) Date of Purchase (or Call)

(iv) Purchase (call) number

(v) Itemized list of supplies or services furnished

(vi) Quantity, unit price and extension of each item, less applicable discount (unit prices and extensions need not be shown when incompatible with the use of automated systems: provided, that the invoice is itemized to show this information) and

(vii) Date of delivery or shipment.

6. Invoices A summary invoice shall be submitted at least monthly or upon expiration of this BPA whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value and supported by receipt copies of the delivery tickets.

The authorized funding and methods of payment on this BPA shall be with the AF Form 616, MORD, AF Form 406 and the Government Purchase Card (GPC). The AF Form 616, MORD, and AF Form 406 number and GPC card number (last 4 digits) shall be identified on all invoices.

7. Period of Performance The period of this BPA shall not exceed five (5) years from the date of award.

8. This agreement may be discontinued and/or canceled upon 30 days written notice by either party.

Contract Administration Data Payment Instructions

The Contractor shall review the payment instructions found at DFARS 204.7108 (b) (1).

DFARS Clauses Incorporated by Reference

NumberTitleEffective Date
252.201-7000
Contracting Officer's Representative 1991-12
252.204-7006
Billing Instructions. 2005-10
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports. 2018-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12 As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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) For fixed price line items

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.

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

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC

Issue By DoDAAC

Inspect By DoDAAC

Ship to Code

Ship from Code

Mark For Code

Service-Approver (DoDAAC)

Service-Acceptor (DoDAAC)

Accept.at-other (DoDAAC)

Accept.at-other (DoDAAC)

LPO DoDAAC

Accept at Other (DoDAAC)

LPO DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s) |

(*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. (Contracting Officer: Insert applicable information or Not applicable.) (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Contract Clauses FAR Clauses Incorporated by Reference

Number
Title
Effective Date

52.202-1

Definitions.
2013-11
52.203-17
Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

2014-04

52.203-18

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation
2017-01
52.204-13
System for Award Management Maintenance.
2018-10
52.204-18
Commercial and Government Entity Code Maintenance
2016-07
52.209-6
Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

2015-10

52.209-10
Prohibition on Contracting with Inverted Domestic Corporations
2015-11
52.209-11
Representation by Corporations Regarding Delinquent Tax Liability or a 2016-02 Felony Conviction under any Federal Law.
52.219-6
Deviation 2019- O0003 Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003)
2011-11
52.219-8
Utilization of Small Business Concerns.
2018-10
52.219-14
Deviation 2019- O0003 Limitations on Subcontracting (DEVIATION 2019-O0003)
2017-01
52.222-3
Convict Labor
2003-06
52.222-21
Prohibition of Segregated Facilities
2015-04
52.222-37
Employment Reports on Veterans
2016-02
52.222-41
Service Contract Labor Standards.
2018-08
52.222-54
Employment Eligibility Verification
2015-10
52.222-55
Minimum Wages under Executive Order 13658
2015-12
52.222-62
Paid Sick Leave Under Executive Order 13706
2017-01
52.223-5
Pollution Prevention and Right-to-Know Information
2011-05
52.223-19
Compliance with Environmental Management Systems.
2011-05
52.225-13
Restrictions on Certain Foreign Purchases
2008-06
52.228-5
Insurance-Work on a Government Installation
1997-01
52.229-3
Federal, State, and Local Taxes
2013-02
52.232-23
Assignment of Claims
2014-05
52.232-33
Payment by Electronic Funds Transfer-System for Award Management
2018-10
52.232-39
Unenforceability of Unauthorized Obligations
2013-06
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
2013-12
52.233-1
Disputes.
2014-05
52.233-3
Protest after Award
1996-08
52.233-4
Applicable Law for Breach of Contract Claim
2004-10
52.237-2
Protection of Government Buildings, Equipment, and Vegetation
1984-04
52.242-13
Bankruptcy
1995-07
52.246-25
Limitation of Liability-Services
1997-02
52.249-2
Termination for Convenience of the Government (Fixed-Price)
2012-04
52.249-4
Termination for Convenience of the Government (Services) (Short) Form).
1984-04

52.249-8

Default (Fixed-Price Supply and Service).

1984-04

DFARS Clauses Incorporated by Reference

Number
Title
Effective Date
252.203-7000
Requirements Relating to Compensation of Former DOD Officials
2011-0
252.203-7002
Requirement to Inform Employees of Whistleblower Rights.
2013-09
252.204-7003
Control of Government Personnel Work Product
1992-04
252.204-7008
Compliance with Safeguarding Covered Defense Information Controls
2016-10
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
2016-10
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
2016-05
252.205-7000
Provision of Information to Cooperative Agreement Holders
1991-12
252.209-7004
subcontracting with Firms that are Owned or Controlled by theGovernment of a Country that is a State Sponsor of Terrorism
2015-10
252.223-7006
Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials

2014-09

252.225-7001
Buy American and Balance of Payments Program.
2017-12
252.225-7002
Qualifying Country Sources as Subcontractors.
2017-12
252.225-7012
Preference for Certain Domestic Commodities
2017-12
252.226-7001
Utilization of Indian Organizations, Indian-Owned EconomicEnterprises, and Native Hawaiian Small Business Concerns
2004-09
252.232-7010
Levies on Contract Payments
2006-12
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
1991-12
252.243-7001
Pricing of Contract Modifications
2013-06
252.244-7000
Subcontracts for Commercial Items
2013-06

AFFARS Clauses Incorporated by Reference

NumberTitleEffective Date
5352.223-9001
Health and Safety on Government Installations
11/1/2012

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12 As prescribed in 4.103, insert the following clause: Approval of Contract (Dec 1989) this contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until so approved.

(End of clause)

52.219-28 Post-Award Small Business Program Representation. 2013-07 As prescribed in 19.309(c), insert the following clause: Post-Award Small Business Program Representation (Jul 2013)

(a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is not dominant in its field of operation when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed: The Contractor represents that it [_] is, [_] is not a small business concern under NAICS Code assigned to contract number . [Contractor to sign and date and insert authorized signer's name and title].

(End of clause)

52.252-2 Clauses Incorporated by Reference. 1998-02 As prescribed in 52.107(b), insert the following clause: 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): https://farsite.hill.af.mil (End of clause)

52.252-6 Authorized Deviations in Clauses. 1984-04 As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert (DEVIATION) after the date of the clause. Authorized Deviations in Clauses (Apr 1984) (a) the use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause. (b)The use in this solicitation or contract of any [insert regulation name] (48 CFR) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

AFFARS Clauses Incorporated by Full Text

5352.201-9101 Ombudsman 6/1/2016

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offers, potential offers, 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, Gregory May and he can be reached at (405) 734-5135 or by email at gregory.may@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."

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) 11/1/2012 "(A) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[Note: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]"

5352.242-9000 Contractor Access to Air Force Installations 11/1/2012

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver€™s license, current vehicle registration, valid vehicle insurance certificate 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 AFI31-501, Personnel Security Program Management.

(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."

Representations, Certification, and other Statements of Offerors

FAR Clauses Incorporated by Reference

NumberTitleEffective Date
52.203-11
Certification and Disclosure Regarding Payments to Influence Certain
2007-09
52.204-16
Commercial and Government Entity Code Reporting.
2016-07

FAR Clauses Incorporated by Full Text

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this provision--Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles

(c) Representation. The Offeror represents that--It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and (4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.209-7 Information Regarding Responsibility Matters. 2018-10 As prescribed at 9.104-7 (b), insert the following provision: Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision- Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. Federal contracts and grants with total value greater than $10,000,000 means- (1)The total value of all current, active contracts and grants, including all priced options; and (2)The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b)The offer or [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offer or checked has in paragraph (b) of this provision, the offer or represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1)Whether the offer or, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i)In a criminal proceeding, a conviction. (ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii)In an administrative proceeding, a finding of fault and liability that results in- (A)The payment of a monetary fine or penalty of $5,000 or more; or (B)The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2)If the offeror has been involved in the last five years in any of the occurrences listed in (c) (1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c) (1) (i) through (c) (1) (IV) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212-1 Instructions to Offerors-Commercial Items. 2018-10 As prescribed in 12.301(b) (1), insert the following provision: Instructions to Offerors-Commercial Items (Oct 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(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 FAR52.212-3 (see FAR52.212-3(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.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1)Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. 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 offers or revisions are due. (2) (i)Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A)If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B)There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C)If this solicitation is a request for proposals, it was the only proposal received. (ii)However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3)Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4)If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers 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 offers 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. (5)Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii)If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2)Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (https://assist.dla.mil/online/start/). (ii)Quick Search (http://quicksearch.dla.mil/). (iii)ASSISTdocs.com (http://assistdocs.com). (3)Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i)Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii)Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii)Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4)Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k)[Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2)The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3)The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4)A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6)Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 Alternate I Offeror Representations and Certifications-Commercial Items - (Alternate I) 2018-10

As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications-Commercial Items (Oct 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https:// www.sam.gov. 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- 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.

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).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2)Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. Sensitive technology-

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran;

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3))

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans;

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1) (i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the…

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