Amendment_6_-_MTF_O M_Solicitation.pdf

Amendment 6- Solicitation ID08150033 MTF O&M

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MEDICAL TREATMENT FACILITY

OPERATION & MAINTENANCE

SOLICITATION

ID08150033

May 29, 2015

Issued By:

General Services Administration

Region 8

Federal Acquisition Service

Denver Federal Center, Building 41

Denver, CO 80225

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Summary of Solicitation Changes

1. The solicitation close date has been updated and is attached to this amendment. Offers are due on June

15, 2015 at 4:00 PM MST.

Referenced on page 6.

2. Question cut off. All questions/inquiries must be submitted to the Contract Specialist to Lisa

Lefkowitz via electronic mail (lisa.lefkowitz@gsa.gov) not later than May 29, 2015 on 12:00 PM MST.

Referenced on page 6.

3. Factor 3: Key Personnel has been updated.

Referenced on page 34-35.

4. Definition of “similar” means contracts/task orders that involve

(A) Multiple (at least 4) geographically dispersed (one of the facilities must be at least 1,000 miles from the other 3 facilities) facilities,

(B) One of the facilities being at least 100,000 square feet,

(C) For maintenance and repair services,

(D) Of medical treatment facilities/complexes (defined as medical centers, hospitals, clinics, medical warehouse/support facilities, veterinary clinics, trauma center, research laboratories), and

(E) At least 4 of the following: (1) response to work order/service call type work; (2) the scheduling and dispatching of personnel type work; (3) scheduled and unscheduled maintenance and repair/alteration of various equipment items and systems found in a medical treatment facility type work; (4) personnel administrative responsibilities type work; and (5) urgent or emergency facility maintenance services type work.

Referenced on page 33, 34 and 35.

5. Page Limit. The offeror’s IDIQ Technical Proposal (not including Offeror Past Performance) shall not exceed 75 pages. EACH Task Order Technical Proposal (not including Offeror Past

Performance) shall not exceed 15 pages. All pages should be single-spaced, one-sided, in a standard font but no smaller than 11. Pages beyond the limit will not be evaluated.

Referenced on page 31.

5. All other terms and conditions remain unchanged.

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Table of Contents

Table of Contents

A. STANDARD FORM (SF) 1449

B. CONTINUATION OF SF 1449

1. Purpose:

2. Objective:

3. Contract Type:

4. Site Visits:

5. Offer Due date, SF 1449, Block 8:

6. Contractor/Offeror, SF 1449, Block 17a:

7. Schedule of Services/Unit Price, SF 1449 Block 20/23:

8. Guaranteed Minimum Quantity, SF 1449 Block 21:

9. Place of Inspection and Acceptance:

10. Ordering Period:

C. CONTRACT CLAUSES

1. Services

52.252-2 Clauses Incorporated by Reference (FEB 1998)

Clauses Incorporated by Full Text - Services

2. Construction

52.252-2 Clauses Incorporated by Reference (FEB 1998)

Clauses Incorporated by Full Text – Construction

D. CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

1. Attachments

E. SOLICITATION PROVISIONS

1. Instruction to Offerors (FAR 52.212-1)

2. Addendum to 52.212-1 Instruction to Offerors

Proposal Preparation Instructions

Oral Presentation Instructions

3. Evaluation (FAR 52.212-2)

Evaluation Information

4. Offeror Representations and Certifications – Commercial Items

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A. STANDARD FORM (SF) 1449

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B. CONTINUATION OF SF 1449

1. Purpose:

Provide facility sustainment, restoration, modernization and facility Operational &

Maintenance services for Medical Treatment Facilities (MTF) operated by the

Department of Defense and U.S. Federal Agency.

2. Objective:

The objective of this solicitation is to acquire worldwide Operational & Maintenance

(O&M) Services at Government medical and related non-medical facilities to include medical centers, ambulatory surgical centers, hospitals, ambulatory surgical centers and clinics. Currently facilities include inpatient medical facilities, medical clinics, dental clinics, and veterinary clinics serving the eligible populations. The military health system operates in most states, Washington DC, and multiple countries overseas. The operational goal is to provide world class medical facilities availability through a maintenance approach which streamlines the repair process, incorporates construction projects, improves standardization and lowers overall operational cost.

3. Contract Type:

This is an Indefinite Delivery Indefinite Quantity (IDIQ), Multiple Award Contract(s).

A Multiple Award Contract is a contract awarded from a single solicitation, and may result in award of multiple Contracts. Task Orders will be issued per the site specific performance work statement (PWS) and applicable attachments.

4. Site Visits:

Site visits (FAR 52.237-1) regarding this Solicitation are scheduled as follows:

Location: 673 rd

Medical Group, (DoD/VA Joint Venture), 5955 Zeamer Ave, JBER, AK

Date/Time: May 12, 2015/ 8:00 AM

Location: 354 th

Medical Group, 2630 Central Ave, Eielson AFB, AK

Date/Time: May 13, 2015/1:00 PM

Location: 92 nd

Medical Group, 701 Hospital Loop, Fairchild AFB, WA

Date/Time: May 15, 2015/ 8:00 AM

Location: 22

Medical Group 57950 Leavenworth St, Bldg 250, McConnell AFB, KS

Date/Time: May 18, 2015/ 9:30 AM

Location: 71 st Medical Group, 527 Gott Road, Vance AFB, OK

Date/Time: May 19, 2015/ 9:30 AM

Location: 72

Medical Group, 7050 Air Depot Blvd, Bldg 1094, Tinker AFB, OK

Date/Time: May 20, 2015/ 7:30 AM

Location: 97 th

Medical Group, 301 North First St, Bldg 46, Altus AFB, OK

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Date/Time: May 21, 2015/ 9:30 AM

Pre-registration is required for all interested parties and they must notify the Contracting

Officer for further information about attendance and to confirm location, time, and date.

The Site Visit shall be limited to not more than four (4) representatives from each

Offeror.

Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

For further information about the site visit or access requirements, please NO LATER than

4:00pm, MST, May 7, 2015:

Name: Eugene Hwang

Telephone: 303 236-7560 or Mobile: 303 503-2138

Email: eugene.hwang@gsa.gov

5. Offer Due date, SF 1449, Block 8:

(See Also Section E 52.252-1 – Instructions to Offerors)

Offers are due on June 15, 2015 at 4:00 PM MST.

In addition to the IDIQ proposal information requested in this solicitation the offerors site specific proposals will be used to determine an award for one or more IDIQ multiple award contract(s) and each site specific Task Order.

Question cut off. All questions/inquiries must be submitted to the Contract

Specialist to Lisa Lefkowitz via electronic mail (lisa.lefkowitz@gsa.gov) not later than May 29, 2015 on 12:00 PM MST.

Submit offers or any questions to the attention of Lisa Lefkowitz and Robert Roybal via email to: lisa.lefkowitz@gsa.gov and robert.roybal@gsa.gov. Offerors who fail to complete and submit the requirements according to instructions may be considered non-responsive.

The Government reserves the right to conduct oral presentations for this requirement. An oral presentation is not to be provided in lieu of a formal written proposal. These presentations are to supplement information already provided in the formal proposals.

Oral presentations may be asked of those Offerors determined to be within the competitive range.

6. Contractor/Offeror, SF 1449, Block 17a:

Contractor must include the offeror’s applicable Data Universal Number System (DUNS) number.

7. Schedule of Services/Unit Price, SF 1449 Block 20/23:

mailto:lisa.lefkowitz@gsa.gov mailto:robert.roybal@gsa.gov

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Contractor shall submit a fully burdened, maximum hourly rate for each labor classification identified on the pricing form for Maintenance and Repair Services and

Construction, Repair and Alteration Services. (See attachment #2). Applicable wage rates will be identified at the Task Order level.

8. Guaranteed Minimum Quantity, SF 1449 Block 21:

The minimum amount of services that the Government agrees to order is $60,000.00.

Request for payment of any amount shall be submitted in writing to the Contracting

Officer within 30 calendar days after the end of the contract period.

9. Place of Inspection and Acceptance:

Inspection and acceptance of all work performance, reports and other deliverables under this IDIQ shall be at the task order level and shall be performed by the Contracting

Officer and/ or a duly appointed COR to be designated in writing at time of task order award.

10. Ordering Period:

The ordering period would begin on October 1, 2015 and conclude on September 30, 2020. Task order period of performance will be defined with each task order. The following is the ordering period for the IDIQs.

Contract Year Ordering Period

Base Year October 1, 2015 to September 30, Option Year 1 October 1, 2016 to September 30, Option Year 2 October 1, 2017 to September 30, Option Year 3 October 1, 2018 to September 30, Option Year 4 October 1, 2019 to September 30, C. CONTRACT CLAUSES

1. Services

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far/index.html

DoD FAR Supplement (DFARS): http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Apr 2014)

52.204-4 Printed or Copied Double-Sided On Postconsumer Fiber Content Paper (May

2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-13 System for Award Management Maintenance (Jul 2013)

52.212-4 Contract Terms and Conditions--Commercial Items (Dec 2014)

52.215-23 Limitations on Pass-Through Charges (Oct 2009)

52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)

52.223-5 Pollution Prevention and Right-To-Know Information (May 2011) Alternate I

(May 2011)

52.223-10 Waste Reduction Program (May 2011)

52.223-17 Affirmative Procurement of EPA-Designated Items In Service and Construction

Contracts (May 2008)

52.228-5 Insurance - Work on A Government Installation (Jan 1997)

52.232-17 Interest (May 2014)

52.232-18 Availability of Funds (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.237-3 Continuity of Services (Jan 1991)

52.242-13 Bankruptcy (Jul 1995)

52.242-15 Stop-Work Order (Aug 1989)

52.246-4 Inspection of Services -- Fixed-Price (Aug. 1996)

52.246-6 Inspection -- Time-and-Material and Labor-Hour (May 2001)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

252.201-7000 Contracting Officer's Representative (Dec 1991)

252.203-7000 Requirements Relating To Compensation of Former DoD Officials (Sep 2011)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

252.203-7003 Agency Office of the Inspector General (Dec 2012)

252.203-7005 Representation Relating To Compensation of Former DoD Officials (Nov 2011)

252.204-7004 System for Award Management Alternate A (Mar 2014)

252.204-7012 Safeguarding Of Unclassified Controlled Technical Information (Nov 2013)

252.204-7015 Disclosure of Information to Litigation Support Contractors (Feb 2014)

252.205-7000 Provision Of Information to Cooperative Agreement Holders (Dec 1991)

252.209-7002 Disclosure of Ownership or Control by A Foreign Government (Jun 2010)

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By the Government of

A Terrorist Country (Mar 2014)

252.211-7003 Item Unique Identification and Valuation (Dec 2013)

252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials (Apr 2012)

252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013)

252.225-7001 Buy American and Balance Of Payments Program (Dec 2012)

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252.225-7002 Qualifying Country Sources As Subcontractors (Dec 2012)

252.225-7012 Preference for Certain Domestic Commodities (Feb 2013)

252.225-7048 Export-Controlled Items (Jun 2013)

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns (Sep 2004)

252.232-7010 Levies On Contract Payments (Dec 2006)

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013)

252.243-7001 Pricing Of Contract Modifications (Dec 1991)

252.243-7002 Requests For Equitable Adjustment (Dec 2012)

252.244-7000 Subcontracts For Commercial Items (Jun 2013)

252.246-7000 Material Inspection and Receiving Report (Mar 2008)

252.246-7003 Notification of Potential Safety Issues (Jun 2013)

252.247-7023 Transportation of Supplies by Sea--Basic (Apr 2014)

552.203-71 Restriction on Advertising (Sep 1999)

552.211-73 Marking (Feb 1996)

552.215-70 Examination of Records by GSA (Feb 1996)

552.215-72 Price Adjustment—Failure to Provide Accurate Information (Aug 1997)

552.223-70 Hazardous Substances (May 1989)

552.223-71 Nonconforming Hazardous Material (Sep 1999)

552.223-72 Hazardous Material Information

552.229-70 Federal, State, and Local Taxes (Apr 1984)

552.232-8 Discounts for Prompt Payment (Apr 1989) (Deviation Far 52.232-8) (Alternate I

May 2003)

552.232-23 Assignment of Claims (Sep 1999)

552.232-72 Final Payment (Sep 1999)

552.232-78 Payment Information (Jul 2000)

552.237-71 Qualifications of Employees (May 1989)

552.238-70 Identification of Electronic Office Equipment Providing Accessibility for the

Handicapped (Sep 1991)

552.238-72 Identification of Products That Have Environmental Attributes (Sep 2003)

552.238-75 Price Reductions (May 2004)

Clauses Incorporated by Full Text - Services

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items (Dec 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

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____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g))

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509)

__X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009)

__X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul

2013) (Pub. L. 109-282) (31 U.S.C. 6101 note)

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note)

__X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313)

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3

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___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011)

___ (iii) Alternate II (Nov 2011)

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7

___ (iii) Alternate II (Mar 2004) of 52.219-7

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9

__X_ (iii) Alternate II (Oct 2001) of 52.219-9

___ (iv) Alternate III (Oct 2014) of 52.219-9

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r))

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

__X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

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___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

__X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755)

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014)

(E.O. 13126)

__X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999)

__X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246)

__X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212)

__X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793)

__X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

__X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

__X_ (33) 52.222-54, Employment Eligibility Verification (Aug 2013) (Executive Order 12989)

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803)

___ (34) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13

___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514)

___ (ii) Alternate I (Jun 2014) of 52.223-14

___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b)

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___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun

2014) (E.O.s 13423 and 13514)

___ (ii) Alternate I (Jun 2014) of 52.223-16

__X_ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513)

__X_ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83)

___ (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3

___ (iii) Alternate II (May 2014) of 52.225-3

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note)

__X_ (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury)

___ (44) 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).

___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150)

___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f))

__X_ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(Jul 2013) (31 U.S.C. 3332)

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___ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332)

___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332)

___ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a)

___ (53) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631)

___ (ii) Alternate I (Apr 2003) of 52.247-64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

__X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67)

__X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67)

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67)

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67)

___ (5) 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)

___ (6) 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)

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792)

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order

13658).

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(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records

-- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 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.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__X_ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g))

(xi) 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.)

(xii) 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)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 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).

(xv) 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.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order

13658).

(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.

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and

(c) of this clause”.

(End of Clause)

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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 Oct 1, 2015 through Sept 30, 2020.

(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.

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 $500.00 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 $2,000,000.00

(2) Any order for a combination of items in excess of $300,000,000.00 or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-

21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 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.

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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 period of performance end date.

52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the period of performance end date.

52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the period of performance end date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

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(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.222-99 -- Establishing a Minimum Wage for Contractors (Deviation 2014-O0017) (June

2014)

This clause implements Executive Order 13658, establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between

January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the

Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)

(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive

Order minimum wage under section 2(a) (ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal

Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive

Order 13658 minimum wage beginning on 52.212-2

January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contractor Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service

Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the

Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

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(End of clause)

52.237-9000 Key Personnel (AUG 2011)

The personnel listed below are considered essential to the work being performed hereunder. Prior to substituting, removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the Contracting Officer 15 working days in advance and shall submit a written request and justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this Contract. The proposed substitution of personnel must meet or exceed the education, experience, and other technical requirements of the personnel being replaced. No change in personnel shall be made by the Contractor without the prior written consent of the Contracting Officer. However, in urgent situations, as determined or agreed to by the Contracting Officer, an oral request to substitute key personnel may be approved and subsequently ratified by the Contracting Officer in writing. Such ratification shall constitute the consent of the Contracting Officer required by this paragraph. The Contracting Officer will notify the Contractor within 10 working days after receipt of all required information of the decision on the substitution(s). In the event the proposed substitution of key personnel does not meet or exceed the education, experience, and other technical requirements of the personnel being replaced, the Government reserves the right to require continued performance of previously approved key personnel or to require substitution of acceptable replacements for the individuals specified below. The key personnel listed below may, with the consent of the contracting parties, be amended from time to time during the course of the Contract to either add or delete personnel as appropriate.

[To be determined by the Government on review of technical/Management Proposals]

Name Position/Labor Category

IDIQ Program Manager

IDIQ Project Manager

Site Contract Maintenance Manager

252.216-7006 -- Ordering (May 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of a task instruction which will be incorporated into the delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from date of award through period of performance end date.

(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.

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(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

252.219-7003 -- Small Business Subcontracting Plan (DoD Contracts) (Oct 2014)

This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business

Subcontracting Plan, clause of this contract.

(a) Definitions. “Summary Subcontract Report (SSR) Coordinator,” as used in this clause, means the individual at the department or agency level who is registered in eSRS and is responsible for acknowledging receipt or rejecting SSRs in eSRS for the department or agency.

(b) Subcontracts awarded to workshops approved by the Committee for Purchase from People

Who are Blind or Severely Disabled (41 U.S.C. 8502-8504), may be counted toward the

Contractor’s small business subcontracting goal.

(c) A mentor firm, under the Pilot Mentor-Protégé Program established under section 831 of

Public Law 101-510, as amended, may count toward its small disadvantaged business goal, subcontracts awarded to—

(1) Protégé firms which are qualified organizations employing the severely disabled; and

(2) Former protégé firms that meet the criteria in Section 831(g)(4) of Public Law 101-

510.

(d) The master plan is approved by the Contractor's cognizant contract administration activity.

(e) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable.

(f)(1) For DoD, the Contractor shall submit reports in eSRS as follows:

(i) The Individual Subcontract Report (ISR) shall be submitted to the contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management Agency.

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(ii) An SSR for other than a commercial subcontracting plan, or construction and related maintenance repair contracts, shall be submitted in eSRS to the department or agency within DoD that administers the majority of the Contractor’s individual subcontracting plans. An example would be Defense Finance and Accounting Service or Missile

Defense Agency.

(2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows:

(i) The authority to acknowledge receipt or reject the ISR resides with the contracting officer who receives it, as described in paragraph (f)(1)(i) of this clause.

(ii) Except as provided in (f)(2)(iii), the authority to acknowledge receipt or reject SSRs in eSRS resides with the SSR Coordinator at the department or agency that administers the majority of the Contractor’s individual subcontracting plans.

(iii) The authority to acknowledge receipt or reject SSRs for construction and related maintenance and repair contracts resides with the SSR Coordinator for each department or agency.

52.246-25 -- Limitation of Liability -- Services (Feb 1997)

(a) Except as provided in paragraphs (b) and (c) below, and except to the extent that the

Contractor is expressly responsible under this contract for deficiencies in the services required to be performed under it (including any materials furnished in conjunction with those services), the

Contractor shall not be liable for loss of or damage to property of the Government that --

(1) Occurs after Government acceptance of services performed under this contract; and

(2) Results from any defects or deficiencies in the services performed or materials furnished.

(b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the Government’s acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor’s managerial personnel. The term “Contractor’s managerial personnel,” as used in this clause, means the Contractor’s directors, officers, and any of the Contractor’s managers, superintendents, or equivalent representatives who have supervision or direction of --

(1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operations at any one plant, laboratory, or separate location at which the contract is being performed; or

Page | 23

(3) A separate and complete major industrial operation connected with the performance of this contract.

(c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through the Contractor’s performance of services or furnishing of materials under this contract, the Contractor shall be liable to the

Government, to the extent of such insurance or reserve, for loss of or damage to property of the

Government occurring after Government acceptance of, and resulting from any defects and deficiencies in, services performed or materials furnished under this contract.

552.252-6 Authorized Deviations in Clauses (Deviation FAR 52.252-6) (Sep 1999)

(a) Deviations to FAR clauses.

(1) This solicitation or contract indicates any authorized deviation to a Federal

Acquisition Regulation (48 CFR Chapter 1) clause by the addition of “(DEVIATION)” after the date of the clause, if the clause is not published in the General Services

Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition

Regulation (FAR) clause that is published in the General Services Administration

Acquisition Regulation by the addition of “(DEVIATION (FAR clause no.))” after the date of the clause.

(b) Deviations to GSAR clauses. This solicitation indicates any authorized deviation to a General

Services Administration Acquisition Regulation clause by the addition of “(DEVIATION)” after the date of the clause.

(c) “Substantially the same as” clauses. Changes in wording of clauses prescribed for use on a

“substantially the same as” basis are not considered deviations.

2. Construction

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses:

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

52.211-12 Liquidated Damages – Construction (Sept 2000)

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52.211-13 Time Extensions (Sept 2000)

52.222-6 Construction Wage Rate Requirements (May 2014)

52.222-7 Withholding Of Funds (May 2014)

52.222-8 Payrolls and Basic Records (May 2014)

52.222-9 Apprentices and Trainees (Jul 2005)

52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 Subcontracts (Labor Standards) (May 2014)

52.222-12 Contract Termination--Debarment (May 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(May 2014)

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

52.222-15 Certification of Eligibility (May 2014)

52.223-17 Affirmative Procurement of EPA-Designated Items In Service and Construction

Contracts (May 2008)

52.225-9 Notice Of Buy American Requirement—Construction Materials (May 2014)

52.228-15 Performance and Payment Bonds – Construction (Oct 2010)

52.236-2 Differing Site Conditions (Apr 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

52.236-5 Material and Workmanship (Apr 1984)

52.236-6 Superintendence by the Contractor (Apr 1984)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-8 Other Contracts (Apr 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (Apr 1984)

52.236-10 Operations and Storage Areas (Apr 1984)

52.236-11 Use and Possession Prior To Completion (Apr 1984)

52.236-12 Cleaning Up (Apr 1984)

52.236-13 Accident Prevention (Nov 1991)

52.236-14 Availability and Use of Utility Services (Apr 1984)

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.242-14 Suspension of Work (Apr 1984)

52.243-4 Changes (Jun 2007)

52.246-12 Inspection of Construction (Aug 1996)

52.246-21 Warranty of Construction (Mar 1994)

52.249-10 Default (Fixed-Price Construction) (Apr 1984)

Clauses Incorporated by Full Text – Construction

52.228-1 Bid Guarantee (Sep 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department

Page | 25 regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds

(including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

D. CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

1. Attachments

Attachment 1 Indefinite Delivery Indefinite Quantity (IDIQ) Performance Work Statement

(PWS)

Attachment 2 Price Proposal IDIQ Ceiling Rate

Attachment 3 Definitions and Acronyms

Attachment 4 Ordering Procedures - Task Order

Attachment 5 Sample Subcontracting Plan

Attachment 6 Past Performance Questionnaire

E. SOLICITATION PROVISIONS

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.