HTC711-17-R-CC01_0002_Conformed.pdf
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SEE ADDENDUM
(No Collect Calls)
HTC711-17-R-CC01 13-Oct-2016
b. TELEPHONE NUMBER
618-220-7105
8. OFFER DUE DATE/LOCAL TIME
03:00 PM 23 Nov 2016
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
HTC7119. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
NICOLE D. SWOBODA
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
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:
. YOUR 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
USTRANSCOM-AQ - HTC711
508 SCOTT DR
SCOTT AFB IL 62225-5357
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 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
CONTACT BUYERFAX:
TEL: CONTACT BUYER SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,500
NAICS:
492110
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. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF64
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 PAYMENT
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
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
HTC711-17-R-CC01
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 1 Lot International Transportation Services
FFP
Period of Performance (POP): 1 Oct 2017 - 30 Sep 2022 FOB: Destination
SIGNAL CODE: K
MAX
NET AMT
PSC Code: V111
UNIT UNIT PRICE MAX AMOUNT
0002 1 Lot Domestic Transportation Services
FFP
Period of Performance (POP): 1 Oct 2017 - 30 Sep 2022
UNIT UNIT PRICE MAX AMOUNT
0003 1 Each NGDS Post Award Conference Attendance
FFP
Contract Minimum Guarantee of $1,500 for NGDS Post Award Conference Attendance pursuant to PWS Paragraph 2.21.1.
Period of Performance (POP): 1 Jun 2017 - 30 Sep 2017
UNIT UNIT PRICE MAX AMOUNT
0004 UNDEFINED
Domestic Greenhouse Gas Emission Report
FFP
Domestic Greenhouse Gas Emission Report pursuant to PWS Paragraph 2.24.6.
Period of Performance (POP): 1 Oct 2017 - 30 Sep 2022
UNIT UNIT PRICE MAX AMOUNT
0004AA 23 Each Domestic Greenhouse Gas Emission Report
FFP
Domestic Greenhouse Gas Emission Report pursuant to PWS Paragraph 2.24.6.
Period of Performance (POP): 1 Oct 2017 - 30 Sep 2018
UNIT UNIT PRICE MAX AMOUNT
0004AB 23 Each Domestic Greenhouse Gas Emission Report
FFP
Domestic Greenhouse Gas Emission Report pursuant to PWS Paragraph 2.24.6.
Period of Performance (POP): 1 Oct 2018 - 30 Sep 2019
UNIT UNIT PRICE MAX AMOUNT
0004AC 23 Each Domestic Greenhouse Gas Emission Report
FFP
Domestic Greenhouse Gas Emission Report pursuant to PWS Paragraph 2.24.6.
Period of Performance (POP): 1 Oct 2019 - 30 Sep 2020
UNIT UNIT PRICE MAX AMOUNT
0004AD 23 Each Domestic Greenhouse Gas Emission Report
FFP
Domestic Greenhouse Gas Emission Report pursuant to PWS Paragraph 2.24.6.
Period of Performance (POP): 1 Oct 2020 - 30 Sep 2021
UNIT UNIT PRICE MAX AMOUNT
0004AE 23 Each Domestic Greenhouse Gas Emission Report
FFP
Domestic Greenhouse Gas Emission Report pursuant to PWS Paragraph 2.24.6.
Period of Performance (POP): 1 Oct 2021 - 30 Sep 2022
UNIT UNIT PRICE MAX AMOUNT
0004AF 23 Each Domestic Greenhouse Gas Emission Report
FFP
Domestic Greenhouse Gas Emission Report pursuant to PWS Paragraph 2.24.6.
Period of Performance (POP): 1 Oct 2022 - 31 Mar 2023
UNIT UNIT PRICE MAX AMOUNT
0005 1 Lot 6 Month Extension of Services
FFP
International Transportation Services
Period of Performance (POP): 1 Oct 2022 - 31 Mar 2023
UNIT UNIT PRICE MAX AMOUNT
0006 1 Lot 6 Month Extension of Services
FFP
Domestic Transportation Services
Period of Performance (POP): 1 Oct 2022 - 31 Mar 2023
AMEND 0002 SUMMARY OF CHANGES
The purpose of this Amendment is to complete the following:
(a) FAR Clause 52.204-16 has been removed.
(b) FAR 52.212-1 Addendum, Paragraph (b)(12) a 2 has been updated to correct the spelling of the word “compatible”, and (b)(12) c 3 (d),(Volume III, Subfactor 4) has been updated to correct the spelling of the word “transportation”.
(c) FAR 52.212-2 (b) has been updated to add the word "Domestic" in front of Greenhouse Gas Emission Management Plan under Technical Capability Subfactor 4.
(d) FAR Clause 52.212-3 has been removed.
(e) FAR Clause 52.219-9 DEV (20016-O0009) dated August 2016 has been added by reference.
(f) FAR Clause 52.225-6 has been removed.
(g) FAR Clause 252.204-7009 has been removed.
(h) PWS Table of Contents 1.3.5. and PWS Paragraph 1.3.5. have been updated to inlcude “Domestic” in front of Optional Standard Mail Shipping Services.
(i) In the PWS Table of Contents, the name of Appendix 6.9 has been changed from “Semiannual Revenue Template” to “Reserved”. PWS Paragraph 4.1.1. and 4.1.2. were updated to remove the requirement for submission of a Semiannual Revenue report. In the PWS Service Delivery Summary, the associated Performance Objective and PWS Paragraph reference have been updated.
(j) PWS Paragraph 1.1.5.1. has been updated.
(k) PWS Paragraph 1.1.9. has been updated.
(l) PWS Paragraph 2.5.1. has been revised to clarify no accessorial charge will be assessed unless an actual address correction is made.
(m) PWS Paragraph 2.10.2.3. has been updated to include “in accordance with the Contractor’s Service Guide.”
(n) PWS Paragraphs 2.18.2. and 2.18.3. have been revised to reference the Contractor’s Service Guide and to address the Contractor’s maximum liability.
(o) PWS Paragraph 2.20.5. has been updated to correct the spelling of the word “use”.
(p) Appendix 6.1, Definitions and Acronyms, has been updated to include a revised definition of “proof of delivery”.
FCIS was replaced with FEIS. COMSEC, ICAO, ISR, ITAR, and SSR have been added to the acronyms.
(q) Appendix 6.3, Shipper Profiles, has been updated to remove Army and Air Force Exchange Service and Navy and Marine Exchange from Profile 4. These activities are included in Profile 5.
(r) Appendix 6.4, U.S. Government-Sponsored FMS Repair and Return Shipments, has been updated to include Finland.
(s) Appendix 6.7, NGDS Theaters, has been updated to remove Iraq from Region F as a separately priced Iraq to CONUS and a CONUS to Iraq lane are included in Attachment 2a, Tab 2.
(t) Appendix 6.10, Shipment Detail Required Data Elements, has been updated to annotate that the Service_Category and Service_Type_Code fields are “Only required when more than one service level is provided”.
The “Transportation_Control_Number” field is now named “Shipment_Reference” with the description changing from “A 17 digit alphanumeric designator used by the DoD applied to each package or shipment to identify a shipment, generally recorded in the reference numbers if provided by shipper” to “Individual shipper assigned identifier; Contains the Transportation Control Number (TCN) for DoD shipments”.
(u) Attachment 2a, International Profile 6 and 7 Pricing, has been updated to include an Iraq to CONUS lane at column BU and a Turkey to CONUS lane at column EU.
(v) Attachment 2b, Accessorial, Escalation, Optional Service Pricing, has been updated to unprotect Tab 2, Accessorials, and Tab 4, Optional Standard Mail.
(w) Attachment 2c has been updated to include Tab 10 for Profile 1 Ground Residential Pricing.
(x) Attachments 2c-2g have been updated to include additional rows for time of delivery and to delete cells D1-3 and E1-3 on the Ground tabs.
(y) Attachment 3, Wage Determination 95-0222 (Rev.-40) and Attachment 4, Wage Determination 99-0316 (Rev.-
45) have been removed and are reserved for future replacement when the correct Wage Determinations are received from the Department of Labor.
(z) Attachment 6, Small Business Subcontracting Plan Template, has been replaced in its entirety. References to Option Periods have been removed and an estimated contract value included.
(aa) The Solicitation’s List of Attachments has been updated to include revised dates.
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
$1,500.00 $3,000,000,000.00
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
0004AA
0004AB
0004AC
0004AD
0004AE
0004AF
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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0004AA Destination Government Destination Government 0004AB Destination Government Destination Government 0004AC Destination Government Destination Government 0004AD Destination Government Destination Government 0004AE Destination Government Destination Government 0004AF Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 01-OCT-2017 TO
30-SEP-2022
N/A N/A
0002 POP 01-OCT-2017 TO
30-SEP-2022
0003 POP 01-JUN-2017 TO
30-SEP-2017
0004 POP 01-OCT-2017 TO
0004AA POP 01-OCT-2017 TO
30-SEP-2018
0004AB POP 01-OCT-2018 TO
30-SEP-2019
0004AC POP 01-OCT-2019 TO
30-SEP-2020
0004AD POP 01-OCT-2020 TO
30-SEP-2021
0004AE POP 01-OCT-2021 TO
0004AF POP 01-OCT-2022 TO
31-MAR-2023
0005 POP 01-OCT-2022 TO
0006 POP 01-OCT-2022 TO
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 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 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2015
52.204-15 Service Contract Reporting Requirements for Indefinite- Delivery Contracts
JAN 2014
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-9 (Dev) Small Business Subcontracting Plan (Deviation 2016-O0009) AUG 2016
52.219-9 ALT II
(Dev)
Small Business Subcontracting Plan (Deviation 2016-O0009)
- Alternate II
AUG 2016
52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers MAY 2014 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 52.222-43 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 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.232-18 Availability Of Funds APR 1984 52.232-36 Payment by Third Party MAY 2014 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
DEC 2015
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.219-7003 (Dev) Small Business Subcontracting Plan (DOD Contracts)--Basic (Deviation 2016-O0009)
AUG 2016
252.225-7012 Preference For Certain Domestic Commodities AUG 2016 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces
Deployed Outside the United States
OCT 2015
252.225-7980 (Dev) Contractor Personnel Performing in the United States Africa Command Area of Responsibility. (DEVIATION 2016- O0008)
JUN 2016
252.225-7981 (Dev) Additional Access to Contractor and Subcontractor Records (Other than USCENTCOM) (DEVIATION 2015-O0016)
SEP 2015
252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016)
SEP 2015
252.225-7994 (Dev) Additional Access to Contractor and Subcontractor Records in the United States Central Command Theater of Operations (Deviation)
MAR 2015
252.225-7995 (Dev) Contractor Personnel Performing in the United States Central Command Area of Responsibility (Deviation)
JAN 2015
252.225-7997 (Dev) Contractor Demoblization (Deviation) AUG 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.228-7003 Capture and Detention DEC 1991 252.229-7014 Taxes--Foreign Contracts in Afghanistan DEC 2015 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card
DEC 2006
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000 252.247-7028 Application for U.S. Government Shipping
Documentation/Instructions
JUN 2012
5552.216-9003 USTRANSCOM TASK AND DELIVERY ORDER
OMBUDSMAN
AUG 2016
5552.223-9001 Health and Safety on Government Installations APR 2007 5552.247-9003 Requirement for Carriers to Participate in the Civil Reserve
Air Fleet (CRAF) and Maintain Good Standing
AUG 2015
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (SEPT 2016)
(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 (Apr 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi)
___ (A) 52.222-50, Combating Trafficking in Persons (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 (Aug 2013).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01 October 2017 through 30 September 2022 and 01 October 2022 through 31 March 2023 if the services are extended by
FAR 52.217-8.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
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 less than $1.00, 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 $1,000,000.00;
(2) Any order for a combination of items in excess of $1,000,000.00; or
(3) A series of orders from the same ordering office within one day that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(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) above.
(d) Notwithstanding paragraphs (b) and (c) above, 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 one 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 the transit time applicable to any orders placed prior to contract expiration. The period of performance of any order placed under this contract shall not extend beyond the contract expiration date, plus the number of days of the longest transit time under this contract.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days prior to the expiration of the existing contract.
(End of clause)
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class Monetary Wage Grade 21020 - Forklift Operator WG-5 Step 2, $19.50 21030 - Material Coordinator WG-7 Step 2, $23.09 23022 - Aircraft Mechanic II WG-11 Step 2, $28.21 31362 - Truckdriver, Medium WG-6 Step 2, $21.39 31363 - Truckdriver, Heavy WG-8 Step 2, $24.79 31010 - Airplane Pilot GS-11 Step 3, $26.48
The fringe benefit factor for all classifications is 29.6% of the wage rate.
(End of clause)
52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) 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.
“Severe forms of trafficking in persons” means—
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—
(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;
(2) Procure commercial sex acts during the period of performance of the contract;
(3) Use forced labor in the performance of the contract;
(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;
(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;
(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;
(6) Charge employees recruitment fees;
(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--
(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or
(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--
(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--
(A) Legally permitted to remain in the country of employment and who chooses to do so; or
(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;
(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.
This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.
(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or
(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.
(c) Contractor requirements. The Contractor shall—
(1) Notify its employees of—
(i) (A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and
(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:
Document Title Document may be obtained from: Applies to performance in/at:
USFK Safety Information http://www.usfk.mil/usfk/off-limits Korea Japan Off-Limit Areas http://www.usfj.mil/LibertyPolicy.aspx Japan
(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and
(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.
(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—
(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203- 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and
(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.
(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.
(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in—
(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;
(2) Requiring the Contractor to terminate a subcontract;
(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;
(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;
(5) Declining to exercise available options under the contract;
(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or
(7) Suspension or debarment.
(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:
(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.
(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.
(g) Full cooperation.
(1) The Contractor shall, at a minimum—
(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;
(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;
(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and
(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.
(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not—
(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;
(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or
(iii) Restrict the Contractor from—
(A) Conducting an internal investigation; or
(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
(h) Compliance plan.
(1) This paragraph (h) applies to any portion of the contract that—
(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and
(ii) Has an estimated value that exceeds $500,000.
(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—
(i) To the size and complexity of the contract; and
(ii) To the nature and scope of the activities to be performed for the Government, including the number of non- United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.
(3) Minimum requirements. The compliance plan must include, at a minimum, the following:
(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.
(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.
(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.
(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.
(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.
(4) Posting.
(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.
(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.
(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that—
(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and
(ii) After having conducted due diligence, either—
(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or
(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.
(i) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that—
(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and
(B) Has an estimated value that exceeds $500,000.
(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.
(End of clause)
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (JUN 2015)
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is--
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from USTRANSCOM Force Protection Division, 618-220-6550, transcom.scott.tcj3.mbx.security-services-center@mail.mil.
(End of clause)
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).
Combo
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Not Applicable
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F3ST20 Issue By DoDAAC HTC711 Admin DoDAAC HTC711 Inspect By DoDAAC N/A Ship To Code HTC711 Ship From Code Contractor’s CAGE Code Mark For Code N/A Service Approver (DoDAAC) HTC711 Service Acceptor (DoDAAC) HTC711 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions…
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