HE1254-17-R-0007_Solicitation_Final-_Released_Copy.docx

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Educational Program Federal contract opportunity
Solicitation number
HE1254-17-R-0007
Issued by
Department of Defense Education Activity

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EDUCATIONAL PROGRAM FOR HANSCOM AFB

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HE1254-17-R-0007

Section SF 1449 - CONTINUATION SHEET

ITEM NO

SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
TOTAL PRICE
0001
Comprehensive Educational Services

Contractor shall provide comprehensive education program services (CEPS), grades pre-kindergarten thru 8, as described in the Performance Work Statement (PWS).

Period of Performance:

Service Bands:

BAND 1 (Enrollment 450-499) $_______Period of Performance

BAND 2 (Enrollment 500-549) $_______Period of Performance

BAND 3 (Enrollment 550-599) $_______Period of Performance

BAND 4 (Enrollment 600-649) $_______Period of Performance

BAND 5 (Enrollment 650-699) $_______Period of Performance

BAND 6 (Enrollment 700-749) $________Period of Performance

BAND 7 (Enrollment 750-799) $________Period of Performance

FOB: Destination

NET AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC
0001
POP 01-JUL-2017 TO

30-JUN-2018

N/A
N/A

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
NOV 2013
52.203-3
Gratuities
APR 1984
52.203-5
Covenant Against Contingent Fees
MAY 2014
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 Agreeements or Statements
JAN 2017
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7
System for Award Management
OCT 2016
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2016
52.212-1
Instructions to Offerors--Commercial Items
JAN 2017
52.212-4
Contract Terms and Conditions--Commercial Items
JAN 2017
52.219-8
Utilization of Small Business Concerns
NOV 2016
52.219-28
Post-Award Small Business Program Rerepresentation
JUL 2013
52.222-3
Convict Labor
JUN 2003
52.222-19
Child Labor -- Cooperation with Authorities and Remedies
OCT 2016
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-35
Equal Opportunity for Veterans
OCT 2015
52.222-36
Equal Opportunity for Workers with Disabilities
JUL 2014
52.222-37
Employment Reports on Veterans
FEB 2016
52.222-40
Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-41
Service Contract Labor Standards
MAY 2014
52.222-42
Statement Of Equivalent Rates For Federal Hires
MAY 2014
52.222-43
Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts)
MAY 2014
52.222-50
Combating Trafficking in Persons
MAR 2015
52.222-54
Employment Eligibility Verification
OCT 2015
52.222-62
Paid Sick Leave Under Executive Order 13706
JAN 2017
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.228-5
Insurance - Work On A Government Installation
JAN 1997
52.229-3
Federal, State And Local Taxes
FEB 2013
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
JUL 2013
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.239-1
Privacy or Security Safeguards
AUG 1996
52.242-13
Bankruptcy
JUL 1995
52.245-1
Government Property
JAN 2017
52.252-6
Authorized Deviations In Clauses
APR 1984
252.201-7000
Contracting Officer's Representative
DEC 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7000
Disclosure Of Information
OCT 2016
252.204-7004 Alt A
System for Award Management Alternate A
FEB 2014
252.204-7008
Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7011
Alternative Line Item Structure
SEP 2011
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
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
OCT 2015
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7010
Levies on Contract Payments
DEC 2006
252.243-7002
Requests for Equitable Adjustment
DEC 2012
252.245-7003
Contractor Property Management System Administration
APR 2012

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

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

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

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

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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

(a) The Government will award a contract resulting from this solicitation to the responsible vendor whose proposal conforming best value lowest price technically acceptable (LPTA) souce selection process. The following factors shall be used to evaluate offers:

Factor 1: Technical Capability: Vendor shall demonstrate their understanding of the required service and ability to perform the requirement as set forth in the Performance Work Statement (PWS) as well as the general quality of the proposed services.

Factor 2: Price - Price will be evaluated to ensure fair and reasonable.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, 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 (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (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 (Feb 2016) (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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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.)

(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 (Oct 2015).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xviii) 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).

(xix) 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.

(xx) 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)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

2in1

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

HE1254

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAACHQ0747
Issue By DoDAACHE1254
Admin DoDAACHE1254
Inspect By DoDAACHEVAS6

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Contracting Officer’s Representative (COR): TBD Contracting Officer: Thatsanee.Schwarzmann@hq.dodea.edu Contract Specialist: Samra.Yoseph@hq.dodea.edu

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. disa.ogden.esd.mbx.cscassig@mail.mil. The DoDEA Procurement Contracting Officer and Contract Specialist listed above may also assist with clarification.

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

CONTRACTOR MANPOWER REPORTING REQUIREMENTS

“The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of Defense Education Activity (DoDEA) via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil/.”

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS)

EDUCATIONAL PROGRAM FOR HANSCOM AFB, MASSACHUSETTS

1.0 BACKGROUND AND PURPOSE. The Department of Defense Education Activity (DoDEA), requires comprehensive education program services (grades PK-8) for the approximately 600 eligible dependent children of Department of Defense personnel residing on Hanscom AFB, Massachusetts.

2.0 SCOPE OF WORK. The Contractor shall:

1) Provide all necessary labor, services, administration, transportation, supplies and equipment to present a comprehensive educational program equivalent to that provided to students in comparable public school districts in Massachusetts.

2) Provide the required educational program in accordance with the laws of the Commonwealth of Massachusetts as well as applicable United States laws and regulations.

3) Be recognized by the Commonwealth of Massachusetts’ Secretary of Education to operate schools, grades PK-8 in the state.

4) Provide for extension/enrichment activities, special education, remedial support, counseling services, intramural and extracurricular activities consistent with federal and state laws and regulations.

5) Ensure that safety and security policies and practices are in place and comply with all federal, state, and DoD policies and practices.

3.0 PERIOD OF PERFORMANCE The period of performance shall be July 1, 2017 through June 30, 2018 for FY 17-18 School Year.

3.1 School Year Calendar. The school calendar shall include a minimum of 180 days of instruction and the calendar shall be consistent for all students served.

3.2 Place of Performance. The Contractor shall utilize Government facilities located on Hanscom AFB (currently called Hanscom Primary and Hanscom Middle Schools) for elementary and middle school students.

4.0 TECHNICAL REQUIREMENT—The Contractor shall:

4.1 State Recognition. Be recognized by the Commonwealth of Massachusetts’ Secretary of Education to operate schools, and provide education services for grades PK-8.

4.2 Educational Program. Be capable of providing grades PK-8 educational services that are similar to those provided to students in comparable Commonwealth of Massachusetts’ public school districts and are consistent with federal law and state laws and regulations. Ensure that (1) staffing meets or exceeds the Commonwealth of Massachusetts’ guidelines and (2) the Contractor demonstrates the capablility to recruit and staff the school appropriately with highly qualified teachers in accordance with the Commonwealth of Massachusetts’ guidelines.

4.3 Facilities and Environment

4.3.1Safe and Secure Environment. Provide a safe and secure environment for the students and staff that complies with all federal, state, DoD, and local laws and regulations.
4.3.2Equipment/Furnishings: Secure facilities, utilities, equipment, furniture, systems and supplies comparable to the local area public schools which complies with Massachusetts state laws and regulations for grades PK-8.
4.3.3Maintenance: Maintain the facilities.
4.3.4Communication: Ensure positive and consistent two-way communications with parents, the military, and community leaders.
4.3.5Continuity/Transition of Services: Ensure school starts on a schedule similar to other local public schools and offer services that fully comply with the requirements in this PWS and provides continuity with education services currently being provided at Hanscom AFB for .
4.3.6Operational / Support Technology: Ensure hardware and software are up-to-date and provide technology in support the educational program and operations that meets or exceeds the guidelines of the Commonwealth of Massachusetts.
4.3.7Contingency Planning for Enrollment Changes: Ensure quality of the comprehensive educational program is maintained during unanticipated decreases in enrollment (resulting in lower total contract costs) as well as increases (resulting in increased contract cost but requiring immediate response to support said increases).
5.0TASKS TO BE PERFORMED
5.1 Participate in Meetings— The Contractor shall:
5.1.1Post-Award/Transitional Meetings. Participate in a post-award conference and/or transitional meeting(s) after contract award, as coordinated by the Contracting Officer's Representative (COR).
5.1.2Semiannual Meetings. Participate in semiannual meetings scheduled by the COR. It is the Government’s intent that most of these meetings will be conducted telephonically.

5.2 Provide Education Program Services. The Contractor shall provide comprehensive educational program services, grades PK-8 for eligible DoD dependent children residing on Hanscom AFB.

5.2.1Pupil-Teacher Ratios (PTR) shall comply with the Commonwealth of Massachusetts’ maximum guidelines with no waiver.
5.2.2Curriculum shall comply with state standards as described in the Massachusetts Curriculum Frameworks.
5.2.3Curriculum shall include pre-kindergarten, full-day kindergarten, world language instruction at the middle school level, middle school athletics, mathematics enrichment programs and technology education.
5.2.4Curriculum shall (1) use up-to-date information, (2) incorporate current best practices, (3) include co-curricular and extra-curricular activities which complement the education programs at all levels. Include a proposed schedule.
5.2.5Curriculum shall integrate technology into and in support of the curricular program. Include (1) technology plan with computer-student ratios and current technology inventory in classrooms, media centers, and other appropriate school locations using wireless connectivity capability, (2) technology instruction as a tool, and (3) the way the Contractor will respond to the rapid technology developments of the modern world
5.2.6Special Education Services shall be provided in accordance with federal and state laws and regulations for children with special needs with specific reference to the applicable provisions of the Individuals with Disabilities Education Act (IDEA) for grades PK-8. This service shall:

· Differentiate instruction providing appropriate and challenging programs to serve accelerated as well as remedial students.

· Include special education programs for eligible Hanscom AFB dependents in all appropriate settings and transportation services for children with disabilities, regardless of the severity of the handicapping conditions.

· Obtain services in a timely manner that comply with laws and regulations are included for severely handicapped students that fall outside of the Offeror’s current capabilities,

5.2.7Medical Services (Nurses). A minimum of at least one state board certified nurse shall be available for medical services to children during normal school hours.
5.2.8Curriculum Planning Cycle. All educational programs, curriculum and accompanying textbooks used under this contract shall be periodically reviewed by the Contractor to assure compliance with federal and state laws and standards.

5.3 Positive Relationship with Hanscom AFB Education Representative. The Contractor shall establish and maintain a cooperative relationship with the Hanscom AFB officials and education representatives, including the Hanscom Exceptional Family Members Program (EFMP), to ensure community input for the general education program and to assist in a smooth transition for newly arriving families with exceptional family members (special education).

5.4 Provide Student Transportation Services. The Contractor shall provide transportation services for special needs students as required by their specific needs and in accordance with state and federal laws and regulations. This transportation shall be provided on a “one round trip per child per school day” basis and shall incorporate any variances in scheduling to include, but not limited to, late morning runs for delayed openings, and midday runs for school half days.

5.5 Perform Maintenance of School Facilities. The Contractor shall provide day-to-day maintenance of the Hanscom Primary and Middle schools including preventive maintenance of the mechanical systems and facilities in accordance with the Contractor’s approved property management system and the contract clauses at FAR 52.245-1 “Government Property” contained in this contract.

5.6.Provide Student Food Service Program. The Contractor shall provide and manage a student food service program for eligible DoD dependent children residing on Hanscom AFB which is comparable to that provided in local public schools and complies with federal and state laws and regulations.

5.7. Provide Custodial Service and Grounds Maintenance Services. The Contractor shall provide and manage all custodial support and grounds maintenance requirements (trash pick-up, grass-cutting, various landscaping requirements, ice/snow removal, etc.) for school facilities and grounds.

5.8 Safety and Security of Students, Personnel, and Facilities. The Contractor shall ensure technology, safety and security requirements are in compliance with the regulations, directive and instructions below. DoDEA publications can be found at http://www.dodea.edu and DoD publications are available at http://www.dtic.mil/whs/directives.

5.8.1DoD Instruction 2000.12 “DoD Antiterrorism Program,” November, 2016.
5.8.2DTM 09-012, “Interim Policy Guidance for DoD Physical Access Control”, C6, Nov. 20, 2015.
5.8.3.DoD Instruction 2000.16, "DoD Antiterrorism Standards," Vol 1 & 2, November, 2016.
5.8.4.DoDEA Administrative Instruction 5705.01, December 16, 2016.
5.8.5.DoDEA Regulation 4800.1, “DoDEA Safety Program,” March 6, 2001.
5.8.6.DoDEA AI 4800.6, “DoDEA Personnel and Suitability Program,” October, 15, 2008.
5.8.7.DoDEA AI 4700.3, “Application of Background Checks for Department of Defense Education Activity School Volunteers and Student Teachers”, May 15, 2006.

5.9 Submit Reports/Notification to the COR. The Contractor shall provide the following reports to the COR each school year:

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