HE1254-R-20-2006.pdf

SEE A DDENDUM

(No Collect Call s)

HE125420R2006 06-A pr-2020

b. TELEPHONE NUM BER

571-372-1472

8. OFF ER DUE DAT E/LOCAL T IM E

12:00 AM 05 May 2020

5. SOLICIT ATION NUM BER 6. SOLICITAT ION ISSUE DAT E

A UTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STA NDARD FORM 1449 (REV . 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE O R PRIN T)

(SIGNAT URE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Us e Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTA NCE IS DIFFERENT A ND PUT

BELOW IS CHECKED

TELEPHONE NO.

HE12549. ISSUED BY

18b. SUBMIT INVOICES TO A DDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORM AT ION CALL:

a. NAM E

ERIC K. MENSA H

2. CONTRACT NO. 3. AWARD/EFF ECTIVE DATE 4. ORDER NUM BER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNA TURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISIT ION NUM BER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. Y OUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DOD EDUCATION ACTIVITY

ATTN: PROCUREMENT DIVISION

4800 MARK CENTER DRIVE

SUITE 05F09-02

ALEXANDRIA VA 22350-1400

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HE7001 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DISTRICT SUPERINTENDENT OF FICE

ATTN: LOGIST ICS SUPERVISOR

KADENA AIR BASE BLDG 9497

OKINAWA-SHI

OKINAWA-KEN 904-0000

T EL: 315-634-1918 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

485410

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUA NTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOM EN-OWNED SM ALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF46

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM /DD) 42d. TOTAL CONTAINERS

STANDA RD FORM 1449 (REV. 2/2012) BA CK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCA L REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUA NTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HE125420R2006

Section SF 1449 - CONTINUATION SHEET

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001AA 1.00

0001AB 1.00 180.00

0001AC 1.00 72.00

0001AD 1.00 36.00

1001AA 1.00 1,044.00

1001AB 1.00 180.00

1001AC 1.00 72.00

1001AD 1.00 36.00

2001AA 1.00 1,044.00

2001AB 1.00 180.00

2001AC 1.00 72.00

2001AD 1.00 36.00

3001AA 1.00 1,044.00

3001AB 1.00 180.00

3001AC 1.00 72.00

3001AD 1.00 36.00

4001AA 1.00 1,044.00

4001AB 1.00 180.00

4001AC 1.00 72.00

4001AD 1.00 36.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001AA

0001AB

0001AC

0001AD

1001AA

1001AB

1001AC

1001AD

2001AA

2001AB

2001AC

2001AD

3001AA

3001AB

3001AC

3001AD

4001AA

4001AB

4001AC

4001AD

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED

Okinawa Bus Lease Base Year 1

FFP

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0001AA 1,044 Months 47 Passenger Bus

FFP

School Bus. Buses with seating capacity for not less than 47 passengers. Quanity equals months x buses. (12 months x 87 buses) FOB: Destination W023

UNIT UNIT PRICE MAX AMOUNT

0001AB 180 Months 18 Passenger Bus (10 Buses)

FFP

Micro-buses with seating capacity for not less than 18 passengers. Quanitity equals months x buses. (12 months x 15 buses)

UNIT UNIT PRICE MAX AMOUNT

0001AC 72 Months 14 Passenger Micro Bus (3 Buses)

FFP

Micro-buses capable of carrying at least one (1) wheel chair bound student with seating capacity for not less than 14 passengers and equipped with an industry standard wheel chair lift device. Quantity equals months x buses (12 months x 6 buses)

UNIT UNIT PRICE MAX AMOUNT

0001AD 36 Months 49 Passenger Tour Bus ( 1 Bus)

FFP

Tour Bus. Buses with seating capacity for not less than 49 passengers. Quantitiy equals months x buses. (12 months x 3 Buses)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 UNDEFINED

OPTION Okinawa Bus Lease OY 1

UNIT UNIT PRICE MAX AMOUNT

1001AA 1,044 Months OPTION 47 Passenger Bus (67 Buses)

FFP

School Bus. Buses with seating capacity for not less than 47 passengers. Quanity equals months x buses. (12 months x 87 buses)

UNIT UNIT PRICE MAX AMOUNT

1001AB 180 Months OPTION 18 Passenger Bus (10 Buses)

FFP

Micro-buses with seating capacity for not less than 18 passengers. Quanitity equals months x buses. (12 months x 15 buses)

UNIT UNIT PRICE MAX AMOUNT

1001AC 72 Months OPTION 14 Passenger Micro Bus (3 Buses)

FFP

Micro-buses capable of carrying at least one (1) wheel chair bound student with seating capacity for not less than 14 passengers and equipped with an industry standard wheel chair lift device. Quantity equals months x buses (12 months x 6 buses)

UNIT UNIT PRICE MAX AMOUNT

1001AD 36 Months OPTION 49 Passenger Tour Bus ( 1 Bus)

FFP

Tour Bus. Buses with seating capacity for not less than 49 passengers. Quantitiy equals months x buses. (12 months x 3 Buses)

2001 UNDEFINED

OPTION Okinawa Bus Lease OY 2

UNIT UNIT PRICE MAX AMOUNT

2001AA 1,044 Months OPTION 47 Passenger Bus (67 Buses)

FFP

School Bus. Buses with seating capacity for not less than 47 passengers. Quanity equals months x buses. (12 months x 87 buses)

UNIT UNIT PRICE MAX AMOUNT

2001AB 180 Months OPTION 18 Passenger Bus (10 Buses)

FFP

Micro-buses with seating capacity for not less than 18 passengers. Quanitity equals months x buses. (12 months x 15 buses)

UNIT UNIT PRICE MAX AMOUNT

2001AC 72 Months OPTION 14 Passenger Micro Bus (3 Buses)

FFP

Micro-buses capable of carrying at least one (1) wheel chair bound student with seating capacity for not less than 14 passengers and equipped with an industry standard wheel chair lift device. Quantity equals months x buses (12 months x 6 buses)

UNIT UNIT PRICE MAX AMOUNT

2001AD 36 Months OPTION 49 Passenger Tour Bus ( 1 Bus)

FFP

Tour Bus. Buses with seating capacity for not less than 49 passengers. Quantitiy equals months x buses. (12 months x 3 Buses)

3001 UNDEFINED

OPTION Okinawa Bus Lease OY 3

UNIT UNIT PRICE MAX AMOUNT

3001AA 1,044 Months OPTION 47 Passenger Bus (67 Buses)

FFP

School Bus. Buses with seating capacity for not less than 47 passengers. Quanity equals months x buses. (12 months x 87 buses)

UNIT UNIT PRICE MAX AMOUNT

3001AB 180 Months OPTION 18 Passenger Bus (10 Buses)

FFP

Micro-buses with seating capacity for not less than 18 passengers. Quanitity equals months x buses. (12 months x 15 buses)

UNIT UNIT PRICE MAX AMOUNT

3001AC 72 Months OPTION 14 Passenger Micro Bus (3 Buses)

FFP

Micro-buses capable of carrying at least one (1) wheel chair bound student with seating capacity for not less than 14 passengers and equipped with an industry standard wheel chair lift device. Quantity equals months x buses (12 months x 6 buses)

UNIT UNIT PRICE MAX AMOUNT

3001AD 36 Months OPTION 49 Passenger Tour Bus ( 1 Bus)

FFP

Tour Bus. Buses with seating capacity for not less than 49 passengers. Quantitiy equals months x buses. (12 months x 3 Buses)

4001 UNDEFINED

OPTION Okinawa Bus Lease OY 4

UNIT UNIT PRICE MAX AMOUNT

4001AA 1,044 Months OPTION 47 Passenger Bus (67 Buses)

FFP

School Bus. Buses with seating capacity for not less than 47 passengers. Quanity equals months x buses. (12 months x 87 buses)

UNIT UNIT PRICE MAX AMOUNT

4001AB 180 Months OPTION 18 Passenger Bus (10 Buses)

FFP

Micro-buses with seating capacity for not less than 18 passengers. Quanitity equals months x buses. (12 months x 15 buses)

UNIT UNIT PRICE MAX AMOUNT

4001AC 72 Months OPTION 14 Passenger Micro Bus (3 Buses)

FFP

Micro-buses capable of carrying at least one (1) wheel chair bound student with seating capacity for not less than 14 passengers and equipped with an industry standard wheel chair lift device. Quantity equals months x buses (12 months x 6 buses)

4001AD 36 Months OPTION 49 Passenger Tour Bus ( 1 Bus)

FFP

Tour Bus. Buses with seating capacity for not less than 49 passengers. Quantitiy equals months x buses. (12 months x 3 Buses)

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 01-AUG-2020 TO

31-JUL-2021

N/A DISTRICT SUPERINTENDENT OFFICE

ATTN: LOGISTICS SUPERVISOR

KADENA AIR BASE BLDG 9497

OKINAWA-SHI

OKINAWA-KEN 904-0000

315-634-1918

HE7001

0001AB POP 01-AUG-2020 TO

31-JUL-2021

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 01-AUG-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AD POP 01-AUG-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 N/A N/A N/A N/A

1001AA POP 01-AUG-2021 TO

31-JUL-2022

N/A DISTRICT SUPERINTENDENT OFFICE

ATTN: LOGISTICS SUPERVISOR

KADENA AIR BASE BLDG 9497

OKINAWA-SHI

OKINAWA-KEN 904-0000

315-634-1918

1001AB POP 01-AUG-2021 TO

31-JUL-2022

N/A (SAME AS PREVIOUS LOCATION)

1001AC POP 01-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AD POP 01-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 01-AUG-2022 TO

31-JUL-2023

N/A DISTRICT SUPERINTENDENT OFFICE

ATTN: LOGISTICS SUPERVISOR

KADENA AIR BASE BLDG 9497

OKINAWA-SHI

OKINAWA-KEN 904-0000

315-634-1918

2001AB POP 01-AUG-2022 TO

31-JUL-2023

N/A (SAME AS PREVIOUS LOCATION)

2001AC POP 01-AUG-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AD POP 01-AUG-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 N/A N/A N/A N/A

3001AA POP 01-AUG-2023 TO

31-JUL-2024

N/A DISTRICT SUPERINTENDENT OFFICE

ATTN: LOGISTICS SUPERVISOR

KADENA AIR BASE BLDG 9497

OKINAWA-SHI

OKINAWA-KEN 904-0000

315-634-1918

3001AB POP 01-AUG-2023 TO

31-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

3001AC POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AD POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 N/A N/A N/A N/A

4001AA POP 01-AUG-2024 TO

31-JUL-2025

N/A DISTRICT SUPERINTENDENT OFFICE

ATTN: LOGISTICS SUPERVISOR

KADENA AIR BASE BLDG 9497

OKINAWA-SHI

OKINAWA-KEN 904-0000

315-634-1918

4001AB POP 01-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

4001AC POP 01-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

4001AD POP 01-AUG-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government 0001AD Destination Government Destination Government 1001 N/A N/A N/A N/A 1001AA Destination Government Destination Government 1001AB Destination Government Destination Government 1001AC Destination Government Destination Government 1001AD Destination Government Destination Government 2001 N/A N/A N/A N/A 2001AA Destination Government Destination Government 2001AB Destination Government Destination Government 2001AC Destination Government Destination Government 2001AD Destination Government Destination Government 3001 N/A N/A N/A N/A 3001AA Destination Government Destination Government 3001AB Destination Government Destination Government 3001AC Destination Government Destination Government 3001AD Destination Government Destination Government 4001 N/A N/A N/A N/A 4001AA Destination Government Destination Government 4001AB Destination Government Destination Government 4001AC Destination Government Destination Government 4001AD Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.216-19 Order Limitations OCT 1995 52.216-22 Indefinite Quantity OCT 1995 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7007 Notice of Intent to Resolicit JUN 2012

252.215-7008 Only One Offer JUL 2019 252.216-7006 Ordering SEP 2019 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2018

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7022 Representation of Extent of Transportation by Sea. JUN 2019 252.247-7023 Transportation of Supplies by Sea FEB 2019 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0018)

OCT 2018

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS (Deviation 2018-

O0018) (OCT 2018)

Addendum to Paragraph (b). Paragraph (b) is changed to read as follows:

(b) Communication.

The following Contracting Officer and Contract Specialist are the sole points of contact for this acquisition:

Colleen Pritchard Eric Mensah Carolyn Vincent

Communications with other officials may compromise the integrity of this acquisition and result in cancellation of the requirement.

Intent to Submit Offer.

For planning purposes only, please send an e-mail to Mr. Eric Mensah at eric.mensah@dodea.edu , Ms. Carolyn Vincent at carolyn.vincent@dodea.edu and Ms. Colleen C. Pritchard at colleen.pritchard@hq.dodea.edu to give notification if your company intends to submit a proposal in response to this solicitation. The subject of the e-mail shall be “Intent to Submit a Proposal for HE1254-20-R-2006.” Please provide the company’s name and point of contact to include name, title, address, e-mail, phone number, company’s DUNS, and NATO Cage Code. Failure to submit a notice of intent does not prohibit an Offeror from submitting a proposal.

Submission of Questions.

Offerors shall submit questions concerning this solicitation, electronically, NO LATER THAN 4:00 p.m. (1600 hours) Eastern Daylight Time (EDT), 27 April 2020. Questions submitted after this date may not be considered for a response.

Submission of Offers.

Offerors must ensure that the signed and dated attached proposal and all attachments are virus free, legible, and arrives in Mr. Mensah’s, Ms. Vincent’s and Ms. Pritchard's e-mail inboxes by the solicitation closing time. E-mails over 10 MB will be rejected by DoDEA’s network. If the electronic copy cannot be opened, the Contract Specialist or Contracting Officer will notify the Offeror and a replacement electronic copy shall be provided by the Offeror within one (1) working day after notification.

Documents shall be submitted in separate .pdf or Microsoft Office (e.g. Word, Excel, etc.) format by e-mail on or before the closing date and time stated in Block 8 of the solicitation to Mr. Eric Mensah, Contract Specialist, e-mail at eric.mensah@dodea.edu, Ms. Carolyn Vincent at carolyn.vincent@dodea.edu, and Ms. Colleen C. Pritchard, Contacting Officer, e-mail at Colleen.Pritchard@hq.dodea.edu.

As a minimum, offerors shall submit a package consisting of an Administrative Cover Letter, Signed SF 1449, Signed SF 30 (as applicable) and four separate volumes as follows:

1. Administrative Cover Letter The Administrative Cover Letter shall state the following:

a. The solicitation number

b. Unique Entity Identifier (DUNS Number)

c. Complete Business Mailing Address.

d. N/CAGE Code

e. NAICS Code

Document Title Page Limitations Apply to Each Proposal Submitted

Pages shall be numbered numerically

Administrative Cover Letter

Administrative Cover Letter

1 page

Signed SF 1449 SF 1449 1 page (includes only the first page of the SF 1449)

Signed SF 30 SF 30 1 page (for each SF 30, as applicable)

Volume I Factor 1-Technical Capability

Use Attachment 5 No additional material will be considered outside of Attachment 5, Times New Roman, not less than 12-point font

Volume II Factor 2- Past Performance

5 pages Times New Roman, not less than 12-point font

Volume III Factor 3- Price Use Attachment 2

(submit according to Volume III instructions in this clause)

Volume IV Representations and Certifications

Use Attachment 6 (No additional material will be considered outside of Attachment 6, with the exception of the following:

Contractor filled-in Enclosures 1 through 5, If Applicable, The Subcontractor/Teaming Agreement (maximum

5 pages), and The Offeror Responsibility Determination (maximum 2 pages)

New Time Roman, not less than 12-point font

f. Contact Name

g. Contact Phone and e-mail address

2. Signed SF 1449 Offerors shall complete blocks 12, 17a, and 30a-c of the SF 1449 Solicitation/Contract/Order for Commercial Items. Offerors shall insert their company’s CAGE code in the box titled “CODE” in block 17.

By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Offeror’s terms and conditions will not be accepted. The SF 1449 shall be signed and dated by an Official authorized to bind the Organization, and be included in the quotation submission.

3. Signed SF 30 Offerors shall complete blocks 8 and 15a-c of each SF 30 Amendment of Solicitation/Modification of Contract, issued for this solicitation. Each SF 30 shall be signed and dated by an Official authorized to bind the Organization, and be included in the quotation submission.

4. Volume I – Factor 1: Technical Capability

The Offeror shall complete Attachment 5 in order to address Factor 1: Technical Capability.

5. Volume II – Factor 2: Past Performance.

The past performance evaluation will be an assessment of the Offeror’s probability of meeting the solicitation requirements based on the Offeror’s demonstrated recent and relevant record of how well the Offeror performed on previous contracts. Offeror shall submit past performance information on at least two (2), but not more than five (5), recent and relevant contracts for the prime and subcontractors (performing as the Prime on that effort). To be recent, the effort must be on-going or must have been completed within the last three (3) years by the closing date/time of this solicitation. To be relevant, the Offeror must demonstrate that performance involved similar scope and magnitude of effort and complexities this solicitation requires. The relevancy analysis will focus on if the Offeror has provided bus transportation services similar in scope, magnitude of effort, and complexities to customers in European countries.

Past Performance information submitted that is not recent (more than 3 years) and/or not relevant will not be evaluated.

i. Subcontractor/Teaming Information. If an Offeror proposes a teaming arrangement for services, the Offeror (proposed prime Offeror) shall provide past performance information on any subcontractor or teaming arrangement offered.

At a minimum, when a prime Offeror teams with a subcontractor, past performance information relevant to that subcontractor shall be provided on at least one (1) effort. The information required shall be the same as above. Offerors shall include in their proposal the written consent of their proposed subcontractor(s) to allow the Government to discuss the subcontractor’s past performance assessment with the Offeror.

ii. Questionnaires. Offerors must send Past Performance Questionnaires, Attachment 3, to their Customers’ points of contact (POCs) and instruct the POCs to complete the questionnaire in English. Offerors shall make their best effort to send out a sufficient number of past performance questionnaires to reasonably expect submission to the contracting officer at least one questionnaire on each cited contract/work effort. The questionnaire recipient should e-mail completed questionnaires directly to the contract specialist listed on the questionnaire. Past Performance Questionnaires are requested to be received in the issuing office by the closing date/time of the solicitation.

It is highly recommended that the questionnaires are sent to the Offeror's POCs at the earliest opportunity so there is sufficient time to complete the questionnaires and send to the Contract Specialist by the due date. The Government reserves the right to not consider past performance questionnaires received after the due date.

iii. The Government reserves the right to obtain information relative to present and past performance on its own, in addition to information provided by the Offeror and from contract and subcontract POCs. If you are aware that one or more of your contracts in the Past Performance Information Retrieval System (PPIRS) specifically relates to the requirements in this acquisition, please provide this contract/work effort as one of the past performance submissions with your proposal.

6. Volume III – Factor 3: Price.

i. Offerors fully burden price proposals shall be complete, and represent an accurate reflection of the requirement as stated in the PWS.

ii. Offerors shall complete, in its entirety, all unit and extended prices using the Government provided Microsoft Excel Pricing Sheet labeled “Attachment 2, and submit the sheet in both the Excel and pdf format. The Pricing Sheet will establish the maximum unit prices the Offeror may charge for services under the contract.

iii. The Government will not be obligated to pay the Offeror any amount in excess of the prices proposed. Offerors are advised that in the event unit prices multiplied by quantity have been incorrectly calculated, the unit price will govern. The total evaluated price will be considered in making the final best value determination.

iv. To account for the option period(s) possible under FAR 52.217-8 (maximum six months) Option to Extend Services, the Government has provided a table within Attachment 2, labeled “FAR 52.217-8 Option to Extend Services.” The contractor will provide a Unit Price for each CLIN Description. If the Government has to exercise the option under FAR 52.217-8, then the Government will use the rate given for the last year performance was completed.

v. The price proposal is presumed to represent the Offeror’s best effort to respond to the solicitation.

Any inconsistency, whether real or apparent, between promised performance and price should be explained in the proposal. Any significant inconsistency, if not explained, raises a fundamental issue of the understanding of the nature and scope of the work required.

vi. As referred to in paragraph (b) of FAR Clause 52.216-22, "Indefinite Quantity" of this contract, the contract minimum guaranteed to the offeror is a total of five (5) runs for base only and zero (0) runs for potential option periods. The maximum quantity is the total quantity for all items combined as set forth in the pricing sheet Attachment 2.

7. Volume IV: Representations and Certifications The Offeror shall complete Attachment 6 (to include Contractor filled-in Enclosures 1 through 5, any applicable Subcontractor/Teaming Agreement, and the Offeror Responsibility Determination) in order to address Factor IV: Representations and Certifications.

Addendum to Paragraph (c). Paragraph (c) is changed to read as follows:

(c) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Addendum to Paragraphs (d) & (e). Paragraphs (d) & (e) are deleted in its entirety.

Addendum to Paragraph (g) Contract award. Paragraph (g) is changed to read as follows:

The Government intends to award without discussions. Therefore, the Offeror’s initial proposal should contain the Offeror’s best approach/terms for technical, past performance, and price. However, despite this intent, the Government reserves the right to conduct discussions if the Government determines they are necessary. If the Government determines that discussions are necessary, a competitive range will be established. In the event issues pertaining to this award cannot be resolved to the Government's satisfaction, the Government reserves the right to withdraw and cancel the solicitation. In such event, Offerors will be notified in writing.

Addendum to Paragraph (i). Paragraph (i) is deleted in its entirety.

(End of Addendum to FAR 52.212-1)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award an IDIQ 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:

Factor 1: Technical Capability;

Factor 2: Past Performance; and

Factor 3: Price

Technical Capability is more important than Past Performance. Technical and Past Performance, when combined, are significantly more important than Price.

52.212-2(b) is revised to include an insert to account for the 52.217-8:

(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. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it/them to a six-month value, and add it to the sum of all CLINs (base plus all option periods). The sum of the prices for the base period, option periods (if any) and the 52.217-8 extension will be the total evaluated price.

The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s 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.

(End of provision)

52.212-2 ADDENDUM - EVALUATION--COMMERCIAL ITEMS (OCT 2014)

Addendum to Paragraph (a). Paragraph

(a) is changed to read as follows:

a. This acquisition will be conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 15.

b. The Government anticipates awarding a Firm-Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) contract to the Offeror using the Best Value Continuum source selection approach, in accordance with FAR 15. The resultant IDIQ contract will only be awarded to Offeror who are deemed responsible in accordance with FAR Part 9 and whose proposals conform to the solicitation, and will be most advantageous to the Government, price and other factors considered.

c. To be considered for award under this solicitation, offerors shall submit all of the required documents noted in paragraph 3 of the 52.212-1 Addendum Instructions to Offerors for evaluation.

d. By submission of its proposal, the Offeror accepts to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a proposal being determined unacceptable for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

(2) Evaluation. Factors: The Government will evaluate and rate the factors as follow:

Factor 1: Technical Capability. The Government will evaluate the Offeror’s plan. The Government will focus the evaluation on the following elements:

Overall Technical Evaluation Rating The technical rating includes consideration of strengths, weaknesses, significant weaknesses and deficiencies in determining technical ratings.

Strength

A proposal area that enhances the potential for successful performance or contributes toward exceeding the contract requirements in a manner that provides additional value to the government Weakness A flaw in the proposal that increases the risk of unsuccessful contract performance

Significant Weakness A proposal flaw that appreciably increases the risk of unsuccessful contract performance

Deficiency A failure of a proposal to meet a government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

The Technical Capability Factor will be rated in accordance with the Technical Ratings:

Technical Capability will be rated in accordance with the following Rating Method:

Combined Technical/Risk Ratings Method

Adjectival Rating Adjective Rating Description

Outstanding Proposal indicates an exceptional approach of the requirements.

Good Proposal indicates a thorough approach of the requirements.

Acceptable Proposal meets requirements and indicates an adequate approach of the requirements.

Marginal Proposal has not demonstrated an adequate approach.

Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies.

i. Factor 2: Past Performance. Will be evaluated to assess the Offeror’s ability to successfully meet the solicitation requirements based on the Offeror’s demonstrated recent and relevant record of how well the Offeror performed on previous contracts.

For the evaluation, the Government will assess Performance Recency and Relevancy as stated below.

A. Recency. An assessment of the past performance information will be made to determine if it is recent.

Past Performance Recency Ratings

Adjectival Rating Description

Recent The effort must be ongoing or must have been completed within the last three (3) years by the closing date and time of this solicitation.

Not Recent The effort has been completed for more than three (3) years by the closing date and time of this solicitation.

Relevancy Assessment. The Government will determine how relevant the effort accomplished by the Offeror is to the effort to be acquired through the solicitation. The Government is not bound by the Offeror’s assessment of relevancy. To be relevant, the Offeror must demonstrate that performance involved similar scope, magnitude of effort, and complexities this solicitation requires.

Relevancy will be rated in accordance with the following Rating method:

Past Performance Relevancy Ratings

Adjectival Rating Description

Relevant Past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

B. Past Performance Overall Rating. The past performance evaluation is an assessment of the Offeror’s probability of meeting the minimum past performance solicitation requirements. The Government will review the information collected, to include, but not limited to the Past Performance Questionnaire, Attachment 5, to determine the quality of the Offeror’s overall record of recent and relevant past performance.

Past Performance Acceptable/Unacceptable Rating method:

Past Performance Rating Method

Adjectival Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Neutral

An offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

C. In addition to past performance information submitted by the Offeror and Questionnaires completed for the Offeror, past performance information may be obtained from Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, or other sources known to the government.

D. In evaluating past performance, the Government reserves the right to give greater consideration to information on those individual contracts deemed most relevant to the effort described in this RFP. The Government also reserves the right to give greater consideration to an individual Offeror’s past performance information rather than the combined past performance information of an Offeror and its associates using teaming arrangements.

E. If the Government chooses to conduct negotiations, Offerors will be provided an opportunity to address any adverse past performance information not previously addressed. Adverse past performance is defined as past performance information which supports a less than satisfactory rating on any evaluation aspect or any unfavorable comments received from sources without a formal rating system.

F. The Government may reject a proposal if it is found that the Offeror deleted, misrepresented, or withheld any information that might have a negative impact on its past performance record.

ii. Factor 3: Price. Will not be assigned a rating. However, the proposal (Attachment 2- Pricing Sheet) will be evaluated separately for Zone C. Pricing will be evaluated to determine if the final agreed-to price(s) is fair and reasonable, using the techniques and procedures stated in FAR 15.404-1.

(b) Addendum to Paragraph (b). Paragraph (b) is changed to read as follows:

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. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it/them to a six-month value, and add it to the sum of all CLINs (base plus all option periods). The sum of the prices for the base period, option periods (if any) and the 52.217-8 extension will be the total evaluated price.

The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(End of Addendum to FAR 52.212-2)

52.212-4 ADDENDUM – CONTRACTS TERMS AND CONDITIONS - - COMMERCIAL ITEMS (DEC 2018)

Text in paragraph (c) is deleted and replaced with the following:

Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).

CONSENT TO DE-OBLIGATION OF EXCESS FUNDS AFTER FINAL PAYMENT

(a) This paragraph is an addendum to FAR 52.212-4.

(b) The Contractor agrees that, after final payment has been made, the Government may unilaterally, and without obtaining further approval from the Contractor, adjust the final quantities of goods and/or services delivered and accepted under this contract and adjust the final price of this contract to conform to the total amount paid as of the date final payment was made.

(c) In accordance with FAR 4.804-3, the paying office shall close the contract file upon issuance of the final payment voucher. No contract modification will be issued to de-obligate the excess funds.

(d) If this contract is a type of indefinite-delivery contract (e.g., indefinite-delivery indefinite-quantity, requirements), this paragraph shall apply to each order issued under the contract on a case-by-case basis.

(e) This paragraph shall be deemed to be written agreement of the parties as contemplated by the changes paragraph of the Contract Terms And Conditions – Commercial Items clause of this contract (FAR 52.212-4(c)).

DAMAGES TO BUSES

(a) This paragraph is an addendum to FAR 52.212-4.

(b) The contractor is responsible for the cost of repairs for any and all damages caused by DoDEA students. The Government is not liable for any damages caused by DoDEA students. The Government will not reimburse the contractor for costs resulting from any such actions.

(End of Addendum to FAR 52.212-4)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price (FFP) single award indefinite-delivery indefinite-quantity contract resulting from this solicitation.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of one bus, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of 150% of the estimated quantity;

(2) Any order for a combination of items in excess of 150% of the estimated quantity; or

(3) A series of orders from the same ordering office within ten (10) calendar days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year from the expiration of the contract.

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 30 calendar days.

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 7 calendar days of the end of the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar 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 60 months.

Note: If the FAR 52.217-8 extension is exercised, the total duration of this contract shall not exceed 66 months.

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019) ALTERNATE I (MAR 2015)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Commercially available off-the-shelf (COTS) item” means--

(1) Any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Recruitment fees” means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for--

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising;

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks…