RFQ_H9225715Q0174-0002.pdf
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- Multi-Purpose Canine (MPC) and Handlers Training
- Solicitation number
- H92257-15-Q-0174
- Issued by
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United States Marine Corps
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Amendment 0002 RFQ H9225715Q0174
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RFQ: H92257-15-Q-0174 Page 1 of 27
This is a COMBINED SYNOPSIS/SOLICITATION for commercial services prepared in accordance with the format in Subpart 12.6 and Part 13.5 as supplemented with additional information in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92257-15-Q-0174, and a firm fixed price contract is contemplated. All responsible sources may submit a quote which shall be considered by the agency.
The Government intends to award one contract as a result of this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83, 2 July 2015 and the DFARS Publication Notice (DPN) 20150626, effective 26 June 2015. The proposed acquisition is Unrestricted. The associated North American Industrial Classification System (NAICS) code for this requirement is 541990 with a size standard of $15.0 Mil.
TYPE CONTRACT. The Government intends to award a single Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) type contract as a result of this solicitation.
The Government reserves the right and may award based solely on information contained in the quote and is not obligated to seek completion or clarification of any or all of the evaluation factors if the original quote is unclear.
The contract shall be awarded on an all or none basis, please do not submit partial quotes.
All quotes submitted shall be the Contractor's Best Quote as it is the Government's intent to entertain one final quote only; this includes any discounts on volume.
Offerors must scrutinize this solicitation and ensure their quote and submissions comply with all requirements. It is not sufficient to merely state your quote complies with the solicitation requirements. You must clearly identify how your quote meets ALL of the solicitation requirements. The resulting contract will incorporate the Contractors quote at release of award.
All questions concerning this procurement, either technical or contractual must be submitted in writing, via email, to the Contracting Office. The deadline for submittal of questions regarding this solicitation is 12:00 PM Eastern Standard Time (EST) on 10 August 2015. Answers will be provided no later than (NLT) 1:00 PM Eastern Standard Time (EST) on 12 August 2015, via solicitation/RFQ amendment. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent by email to the following point of contact:
nicholas.stanke@socom.mil (910-440-0774)
Quotes must be received no later than 1:00 PM Eastern Standard Time (EST) on 9 September 2015. Quotes received after this time frame shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer is conforming to the solicitation and will be the most advantageous to the Government. The prospective offeror must be registered with the System for Award Management (SAM) website at http://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes. Quotes can be emailed or mailed in the United States postal mail to:
Email: nicholas.stanke@socom.mil.
USPS Mailing Address:
MARSOC (Bldg RR400, Section 1600B - Stone Bay)
Attn: G4-Contracting/GySgt Nicholas Stanke, Rm1634 PSC Box 20116 Camp Lejeune, NC 28542-0116
FEDEX/UPS Mailing Address:
RFQ: H92257-15-Q-0174 Page 2 of 27
Marine Special Operations Support Group (MSOSG) Attn: GySgt Nicholas Stanke, G4-Contracting, 910-440-0774 Bldg RR465 Stone Bay Rifle Range Rd Sneads Ferry, NC 28460
Section B – Supplies or Services
ITEM NO SUPPLIES/SERVICES EST. QTY UNIT UNIT PRICE EST. AMOUNT
0001 Eight (8) Week Basic
Handlers Package
1 EA
POP: 10/01/2015 – 09/30/2016
Government provides a fully trained dog and equipment and the vendor provides handler training.
FOB: Destination
0002 Eight (8) Week Basic Handler and Canine Packages
1 EA
POP: 10/01/2015 – 09/30/2016
Government provides equipment and vendor Provides handler training and canine.
0003 Canine Package 1 EA
POP: 10/01/2015 – 09/30/2016
Vendor provides only a fully trained canine for purchase with no course work.
0004 Odor Imprinting Trainer
Package
1 EA
POP: 10/01/2015 – 09/30/2016
Vendor provides a three (3) week odor imprinting trainers course for experienced MPC Handlers.
0005 Decoy/Bite Trainer Package 1 EA
POP: 10/01/2015 – 09/30/2016
Vendor provides a two (2) week decoy/bite dog trainers course for experienced MPC Handlers.
Period of Performance
Base: 1 October 2015 - 30 September 2016 Option 1: 1 October 2016 - 30 September 2017
Option 2: 1 October 2017 - 30 September 2018 Option 3: 1 October 2018 - 30 September 2019 Option 4: 1 October 2019 - 30 September 2020
Section C – Descriptions and Specifications
RFQ: H92257-15-Q-0174 Page 3 of 27
*Attachment #1 Statement of Work entitled, MPC_SOW_30Jul2015_Final
Quote submission shall be in accordance with Attachment’s #1 and this document.
INSPECTION AND ACCEPTANCE POINTS:
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-10 Price or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To Influence
Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance NOV 2014 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
DEC 2014
52.211-14 Notice of Priority Rating for National Defense Use APR 2008 52.211-15 Defense Priority and Allocation Requirements APR 2008 52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.217-3 Evaluation Exclusive Of Options APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.222-56 Certification Regarding Trafficking in Persons Compliance
Plan.
MAR 2015
52.223-6 Drug-Free Workplace MAY 2001 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
DEC 2012
52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.233-1 Disputes MAY 2014 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt 1 Changes – Fixed Price Alt 1 (APR 1984) AUG 1987
RFQ: H92257-15-Q-0174 Page 4 of 27
52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation of Liability – Services FEB 1997 52.249-8 Default APR 1984 52.252-5 Authorized Deviations in Provisions APR 1984 52.252-6 Authorized Deviations in Clauses APR 1984 252.204-7003 252.204-7012
Control of Government Personnel Work Product Safeguarding of Unclassified Controlled Tech Information
Apr 1992 Nov 2013
252.209-7002 Disclosure of Ownership or Control by a foreign Government Jun 2010 252.211-7003 Item Unique Identification and Valuation Dec 2013 252.225-7002 Qualifying Country Sources as Subcontractors Dec 2012 252.225-7012 Preference For Certain Domestic Commodities Feb 2013 252.232-7010 Levies on Contract Payments Dec 2006 252.243-7002 Requests for Equitable Adjustments Dec 2012 252.247-7023 Transportation of Supplies by Sea Apr 2014 5652.233-9000 Independent Review of Agency Protests Sep 2013 5652.237-9000 Contractor Personnel Changes Jan 1998 5652.252-9000 Notice of Incorporation of Section K JAN 1998
CLAUSES INCORPORATED BY FULL TEXT
Please note full text of the Federal Acquisition Regulation (FAR) can be accessed on the internet at http://www.farsite.hill.af.mil
All FAR Representation and Certifications shall be submitted through System for Award Management (SAM) at https://www.sam.gov
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government price and other factors considered. The following factors shall be used to evaluate offers in descending order of importance:
(i) Technical – Offerors shall provide a detailed quote response that shows it meets the statement of work for Multi-Purpose Canine (MPC) and Handler training support services. Offeror shall also provide certifications, licenses or other documentations necessary to validate that it meets the requirements.
Delivery is considered to be technical as the vendor will need to demonstrate its ability to meet the canine requirements and facility requirements. Offerors are required to submit with their quote, the required information in sections 6.0 (licensed veterinary facilities), 7.0 (Periods of Instruction), and all other requirements stated in the Statement of Work.
(ii) Past Performance - Offerors shall provide name, title, and phone number of principal for no less than three prior or current contracts/agreements for similar scoped projects performed during the previous three years.
To be technically acceptable, the submitting offeror must submit relevant and current past performance in ALL areas noted in this combined synopsis/solicitation. The Government will evaluate each offeror's experience on the basis of its depth and its relevance to the work that will be required under the prospective contract.
(iii) Price –All line items will be reviewed for price reasonableness. Pricing shall depict each labor category, quantity per category, and hourly rate/daily rate required to provide the requested services. Other Direct Costs (ODC) includes material, supplies, and props necessary for the conduct of the training, vehicles, fuel, mileage, per diem, lodging, and airfare. ODCs shall be clearly identified.
(b) 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).
RFQ: H92257-15-Q-0174 Page 5 of 27
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2015)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 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.)
XXX (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).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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.)
XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.
111-117, section 743 of Div. C).
XXX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).
XXX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (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.
RFQ: H92257-15-Q-0174 Page 6 of 27
____ (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]
____ (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.
____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
____ (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (OCT 2014) 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 (NOV 2011) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (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 (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).
____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).
XXX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
____ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).
XXX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XXX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
XXX (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).
RFQ: H92257-15-Q-0174 Page 7 of 27
____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
XXX (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
XXX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-13.
____ (37)(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.
____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (39)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
XXX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
____ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____(42) (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.
____ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
RFQ: H92257-15-Q-0174 Page 8 of 27
XXX (44) 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).
____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
XXX (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).
____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).
____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (54)(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.
(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.)
XXX(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
XXX (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
XXX (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).
XXX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 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).
XXX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).
RFQ: H92257-15-Q-0174 Page 9 of 27
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(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 (APR 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.
13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xii) 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.)
RFQ: H92257-15-Q-0174 Page 10 of 27
(xiii) 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)
(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 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.
(xviii) 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 60 days.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
(End of clause)
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond 1 October 2015 . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 1 October 2015, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
RFQ: H92257-15-Q-0174 Page 11 of 27 http://farsite.hill.af.mil
(End of clause)
5652.201-9002 Authorized Changes Only by Contracting Officer (2005)
The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer is GySgt Nicholas Stanke at nicholas.stanke@socom.mil.
(end of clause)
5652.204-9002 Instructions for the Use of Electronic Contracts (2007)
In accordance with DoD policy, this solicitation and the resulting contract will be executed and documented through electronic means. As a result, the use of the terms "documented," "copy," "printed," "in writing," or "written" within this document shall refer to all electronically transmitted documents that will become part of the electronic contract file and an official government record. Any reference to official signatures and signed documents shall refer to electronic signatures. Whenever an electronic signature is used it shall have to full force and effect as a handwritten signature.
(end of clause)
SOFARS 5652.204-9003 Disclosure of Unclassified Information and Notification Requirements for
Cyber Security Breaches (2013) Section H (Jun 2013)
On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor’s organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor’s external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval.
Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM.
Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office.
The protection of sensitive but unclassified data reflecting Special Operations technologies, personnel, plans, and business associations requires due diligence on the part of those in possession of such information. The application of appropriate security measures to ensure the safekeeping of USSOCOM and company proprietary data, intellectual property, and personnel data is the responsibility of all parties who have access to such information. All contractors
RFQ: H92257-15-Q-0174 Page 12 of 27 supporting USSOCOM are required to inform the Contracting Officer within three business days of when there has been a breach or successful penetration of the contractor’s network(s) or information system(s). Breaches include unauthorized intrusions of the contractor’s server(s) from external parties whether through introduction of malware, hacking, the compromise of access passwords, or any other unauthorized access or compromise. Breaches also include the physical loss of storage media such and disks, hard drives, thumb drives, laptops or other devices which contain duplicates of information contained on the contractor’s data systems, or the willful or accidental transmission, copying or posting of contract information which has not been specifically authorized by the Contracting Officer. Estimates of damage and mitigation strategies will be submitted to the Contracting Officer within a period following the breach specified and agreed upon by the Contractor and the Contracting Officer.
The Contractor shall include a similar requirement to this clause in each subcontract under this contract.
Subcontractors shall submit request for authorization to release and notifications related to cyber security breaches through the prime contractor to the Contracting Officer.
The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, newspaper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.
5652.204-9004 Foreign Persons (2006)
In accordance with restrictions required by Executive Order 12470, the Arms Export Control Act (Title 22, USC) (Sec 275), the International Traffic in Arms Regulation (ITAR), or DoD Directive 5230.25, Withholding of Unclassified Technical Data from Public Disclosure, no foreign persons will be permitted to work on a contract without notifying the Contracting Officer. Provide the following information for all foreign persons who will be working on the contract (or “X” here if there are no such individuals: ____):
1) Full Name:
2) Date of Birth:
3) Place of Birth:
4) Nationality:
5) Social Security Number:
6) Visa Status:
7) Current Address:
8) If a Subcontractor, Subcontractor Name and Address:
9) Biographic data and/or resume:
(end of clause)
5652.237-9000 Contractor Personnel Changes (1998)
(a) The contractor shall have the right to remove his personnel assigned to perform the tasks hereunder and to substitute other qualified personnel provided that the Contracting Officer is notified of such removal and replacement. The contractor shall notify the Contracting Officer prior to such change, giving the new employee's name, security clearance and technical qualifications.
(b) Any removals or replacements for the convenience of the contractor shall be at no additional cost to the Government. Cost to be borne by the contractor include but are not limited to time of travel, travel and training costs for replacement personnel.
(c) Removals or replacements of contractor personnel shall be considered for the convenience of the contractor except when such removal is for:
(1) employees removed as a result of cancellation or completion of the contract,
(2) employees replaced due to death or incapacitating illness or injury,
(3) or employees removed or replaced at the Government's request.
RFQ: H92257-15-Q-0174 Page 13 of 27
(d) If any employee removes him/herself from the employ of the contractor, such removal will be at no additional cost to the Government.
(end of clause)
5652.252-9000 Notice of Incorporation of Section K (1998)
Section K, Certifications and Representations, of the solicitation will not be distributed with the contract; however, Section K is hereby incorporated by reference.
INVOICING INSTRUCTIONS AND PAYMENT:
USMC WIDE AREA WORKFLOW IMPLEMENTATION (MAR 2010)
To implement DFARS 252.232-7003, "ELECTRONIC SUBMISSION OF PAYMENT REQUEST (MAR 2007)", the United States Marine Corps (USMC) utilizes Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA) to electronically process vendor requests for payment. This application allows DoD vendors to submit and track Invoices and Receipt/Acceptance documents electronically.
The contractor is required to utilize this system when processing invoices and receiving reports under this contract/order, unless the provision at DFARS 252.232-7003(c) applies. The contractor shall (i) ensure an Electronic Business Point of Contact is designated in Central Contractor Registration at http://www.ccr.gov and (ii) register to use WAWF-RA at the https://wawf.eb.mil site, within ten (10) calendar days after award of this contract or modification. For Vendor Registration Assistance and account activation, please contact the DISA Ogden E- Business Help Desk at 1-866-618-5988 option 2. Step by step procedures to register are available at the https://wawf.eb.mil site. Training for this application is available at http://www.wawftraining.com.
Notice to Vendors: Delivery of services to any address other than the delivery address specified in the contract is not authorized without a contract modification signed by the Contracting Officer. Failure to deliver to the address in the contract will result in rejection of invoices and will cause delay in payment.
Contract Administrator for this Contract is: TO BE ASSIGNED AFTER AWARD
The contractor is directed to use the “COMBO” format when processing invoices and receiving reports. When entering the invoice into WAWF-RA, the contractor shall fill in the following DoDAAC fields or DoDAAC extensions:
Contract Number TO BE ASSIGNED
Delivery Order
Cage Code/Ext TO BE ASSIGNED
Pay DoDAAC M67443
Issue Date TO BE ASSIGNED Issue By DoDAAC H92257
Admin By DoDAAC H92257
Ship To Code/Ext M20970 Ship From Code/Ext TO BE ASSIGNED
LPO DoDAAC “Leave Blank”
Acceptor Email Address TO BE ASSIGNED
Inspect By DoDAAC/Ext “Leave Blank”
RFQ: H92257-15-Q-0174 Page 14 of 27
In some situations the WAWF-RA system will pre-populate the “Issue By DoDAAC”, “Admin By DoDAAC” and “Pay DoDAAC”. Contractor shall verify those DoDAACs automatically entered by the WAWF-RA system match the above information. If these DoDAACs do not match, then the contractor shall correct the field(s) and notify the Contracting Officer of the discrepancy (ies). Step by step WAWF-RA invoicing procedures for “Combo,” “2-in-1,” and “Cost Voucher” are available at the USMC paperless site at http://www.marcorsyscom.usmc.mil/sites/pa/ under “Vendor Interface” section. On the Vendor Interface page click on “WAWF-RA” header at the top of the page.
Under downloads on the WAWF-RA page that appears, click the appropriate document either “Combo,” “2-in-1,” or "Cost Voucher” to download the instructions.
Before closing out of an invoice session in WAWF-RA, but after submitting the document or documents, the contractor will be prompted to send additional email notifications. Contractor shall click on “Send More Email Notification” on the page that appears. Add the Acceptor’s/Receiver’s email address, from the above table/clause (Note this address is their work email address not their WAWF-RA organizational email address) in the first email address block, and add any other additional email addresses desired in the following blocks; please include the Contracting Officer/Contract Administrator, GySgt Stanke (Nicholas.Stanke@socom.mil). This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF-RA system.
NOTE: The POCs identified above are for WAWF-RA issues only. Any other contracting questions/problems should be addressed to the Contracting Officer or Contract Administrator identified in the contract to whom questions are to be addressed.
(End of clause)
PROVISIONS INCORPORATED BY REFERENCE
FAR 52.222-22 Previous Contracts and Compliance Reports Feb 1999 FAR 52.222-25 Affirmative Action Compliance Apr 1984
PROVISIONS INCORPORATED BY FULL TEXT
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
RFQ: H92257-15-Q-0174 Page 15 of 27
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
RFQ: H92257-15-Q-0174 Page 16 of 27
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
RFQ: H92257-15-Q-0174 Page 17 of 27
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual…
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