ID08150088_AV8_RFP_20160226.pdf

February 26, 2016

MEMORANDUM FOR OFFEROR(S)

FROM: General Services Administration (GSA), Region 8 Building 41, Denver Federal Center Denver, CO 80225

SUBJECT: Request for Proposal (RFP) #ID08150088, AV-8 Maintenance Support

1. This RFP is for AV-8 aircraft maintenance support and is being issued in accordance with GSA and the U.S. Small Business Administration (SBA) Partnership Agreement dated 15 Oct 12. In accordance with (IAW) FAR 19.8, this acquisition is being procured as a competitive 8(a) Program Firm Fixed Price contract. The NAICS code for this requirement is 488190, Other Support Activities for Air Transportation. The size standard is $32.5 million.

2. Basis for contract award summary:

a. Lowest Price Technically Acceptable (LPTA) technique will be used to make a competitive award decision. The Government seeks to award to the responsive and responsible offeror.

b. The Government will select the lowest priced technically acceptable offeror’s proposal based on the evaluation of two factors: 1) Technical and 2) Price. The Government will evaluate offeror’s proposal for technical acceptability first. Proposals that are technically acceptable will then be evaluated to determine lowest price that are reasonable, realistic, and balanced. Offers with unreasonable, unrealistic, or unbalanced prices may be rejected as unacceptable.

c. Offerors must include unit and total prices for each Contract Line Item Numbers (CLINs) listed in Schedule B for the basic period and all option periods (see attachment 2) with the exception of the Contingency/Emergency Planning CLINs. Failure to include may be cause for rejection of the entire offer. The total prices for each CLIN listed in Schedule B for the basic and option periods will be added together for a total contract price. The lowest total contract price is the lowest price.

d. The responsible offeror’s proposal that is technically acceptable and is the lowest evaluated price meeting or exceeding the acceptability standards for non-price subfactors will be awarded the contract.

e. The Government intends to award only one contract as a result of this RFP, reserves the right to award without discussions or to conduct discussions if deemed in its best interest, and incorporate any portion of the proposal into the resultant contract.

3. IAW FAR 52.212-1, Proposal Volume Instructions. The Offeror’s proposal shall consist of two (2) volumes: 1) Technical and 2) Price.

A. Volume 1, Technical (Factor 1) Proposal shall not exceed eight (8) pages. Indices, DD FM 254 and cover pages are not applicable to the limit. All Technical SubFactors will be assigned ratings of Acceptable or Unacceptable. Submit your technical proposal providing information to address the following:

1) Program Management Plan (SubFactor 1, Acceptable/Unacceptable). The Offeror shall provide a program management plan addressing the following:

a) Process for recruitment and retention of personnel to include incentives, if any

b) Process for ensuring continued operations while filling vacancies and during personnel absences

Monitoring and identification of the potential for maintenance personnel absences and vacancies and strategies to avoid and mitigate such absences and vacancies must be addressed in the program management plan.

2) Staffing Plan (SubFactor 2, Acceptable/Unacceptable). The Offeror shall provide a staffing plan (including for each work category in PWS Attachment 2, which contains the Government’s historic labor mix per work category, the proposed Labor position title, total personnel quantity for each labor position title and shift hours proposed by the Offeror) to demonstrate a reasonable understanding of the PWS and ability to perform timely and effectively the Performance Work Statement (PWS) requirements.

3) Secret Security Clearances (SubFactor 3, Acceptable/Unacceptable). For each person proposed by the Offeror to perform in the Avionics work category in the Offeror’s proposed Staffing Plan, the Offeror shall provide at a minimum a current (as of due date for Government’s receipt of offers) verifiable Secret Security clearance.

4) Experience (SubFactor 4, Acceptable/Unacceptable). For each person proposed by the Offeror in its offer to perform in each of the work categories in the Offeror’s Staffing Plan, the Offeror shall provide a resume (with reference name, email address, and telephone number to support each year of claimed experience) demonstrating that each such person has a minimum of four years of aircraft maintenance experience and, in addition, two years of AV-8 Harrier maintenance experience.

5) Qualifications and Certifications Compliance Plan (SubFactor 5, Acceptable/Unacceptable).

The offeror shall provide a Qualifications and Certifications Compliance Plan that ensures that the qualifications and certifications required in PWS Attachment 1 will be:

a. obtained within 60 days of contract award, and

b. maintained throughout contract period of performance.

Monitoring and identification of potential non-compliance with the qualifications and certifications requirements in PWS Attachment 1and strategies to avoid and mitigate such non-compliance must be addressed in the Qualifications and Certifications Compliance Plan.

B. Volume 2, Price (Factor 2), section has no page limitations. Offerors shall submit the following:

1) A Firm Fixed Price (FFP) proposal for the Performance Work Statement at attachment 1 with a statement of 60-day acceptance period for your proposal from the proposal due date.

2) Completed Schedule B (attachment 2). Note: A unit price shall not be entered on the Contingency/Emergency CLINs. IAW FAR 12.207(b)(1)(ii)(B) the ceiling price is provided for the Contingency/Emergency CLINs.

3) Labor rates for labor categories for the Contingency/Emergency CLINs.

4. IAW FAR 52.212-2, Evaluation Criteria:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1) Technical acceptability of the proposal offered to meet Government requirements

2) price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Technical Factors and Subfactors will be evaluated as follows:

A. Factor 1, Technical

(a) Technical Subfactors will be assessed on a pass/fail basis, assigning a rating of Acceptable/Unacceptable. Offeror’s must pass to be assigned an acceptable rating in all sub-factors in order to be rated technically acceptable for award.

(b) Acceptable is defined as the proposal clearly meets the minimum requirement of the subfactor.

(c) Unacceptable is defined as the proposal does not clearly meet the minimum requirement of the subfactor.

The Following are the Technical Subfactors:

(a) Program Management Plan (SubFactor 1, Acceptable/Unacceptable). An acceptable offer shall meet the following minimum requirement: the Program Management Plan shall effectively address (including monitoring and identification of potential for maintenance personnel absences and vacancies and strategies to avoid and mitigate such absences and vacancies) the following:

(1) Process for recruitment and retention of personnel to include incentives, if any,

(2) Process for ensuring continued operations while filling vacancies and during personnel absences

(b) Staffing Plan (SubFactor 2, Acceptable/Unacceptable). An acceptable offer shall meet the following minimum requirement: the Staffing Plan (including for each work category in PWS Attachment 2, which contains the Government’s historic labor mix per work category, the proposed Labor position title, total personnel quantity for each labor position title and shift hours proposed by the Offeror) shall demonstrate a reasonable understanding of the PWS and ability to perform timely and effectively the Performance Work Statement (PWS) requirements.

(c) Secret Security Clearances (SubFactor 3, Acceptable/Unacceptable). An acceptable offer shall meet the following minimum requirement: Each person proposed by the Offeror to perform in the Avionics work category in the Offeror’s proposed Staffing Plan shall have at a minimum a current (as of due date for Government’s receipt of offers) verifiable Secret Security clearance.

(d) Experience (SubFactor 4, Acceptable/Unacceptable). An acceptable offer shall meet the following minimum requirement: Each person proposed by the Offeror in its offer to perform in the work categories in the Offeror’s Staffing Plan, shall have a minimum of four years of aircraft maintenance experience and, in addition, two years of AV-8 Harrier maintenance experience.

(e) Qualifications and Certifications Compliance Plan (Subfactor 5, Acceptable/Unacceptable). An acceptable offer shall meet the following minimum requirement: the Qualifications and Certifications Compliance Plan effectively addresses (including monitoring and identification of potential non-compliance with the qualifications and certifications requirements in PWS Attachment 1and strategies to avoid and mitigate such non-compliance) the following:

(1) obtained within 60 days of contract award, and

(2) maintained throughout contract period of performance.

B. Factor 2, Price

1) An Offeror’s proposed prices identified in Schedule B (attachment 2) will be totaled by multiplying the quantity by the proposed unit price for each CLIN to equal a total CLIN price. Each CLINs Total Price (to include all options and Contingency/Emergency Planning CLIN) will be added together for a total contract price.

2) IAW FAR 15.404 & FAR 19.807, Proposal Analysis shall be performed to ensure that the final agreed-to price is reasonable, realistic, and balanced. Offers with unreasonable, unrealistic, or unbalanced prices may be rejected as unacceptable.

5. Additional Information:

a) Each offeror shall identify to the contracting officer any potential Organizational Conflicts of Interest it has related to the solicitation, and shall comply with the remedy identified by the contracting officer for any Organizational Conflict of Interest the offeror may have related to the solicitation. See FAR Subpart 9.5.

b) Include subcontracting, joint ventures and teaming arrangements documentation, if applicable.

Joint ventures agreements must be received by SBA prior to proposal due date and approved before award of any resulting contract. Joint Ventures are allowable on competitive 8(a) set-asides, however, the joint venture agreement must be received by SBA prior to proposal due date and approved before award of any resulting contract. If you are contemplating a joint venture on this project, you must advise, in writing, your assigned SBA Business Opportunity Specialist (BOS) as soon as possible. It is also recommended that the agreement be submitted as soon as practicable to ensure compliance with established regulations. Any corrections and/or changes needed can be made only when your BOS has adequate time for a thorough review before the proposal due date. NO CORRECTIONS AND/OR

CHANGES ARE ALLOWED AFTER TIME OF SUBMISSION OF PROPOSAL OR BIDS.

c) A page is defined as each side of an 8-1/2 x 11-inch sheet of paper. Page margins shall be a minimum of 1-inch each for the top, bottom, and sides. Text type shall be Times New Roman or Arial, 12-point font with normal proportional spacing. Text lines will be no less than single-spaced.

Any text within graphics, exhibits and figures shall be no smaller than Times New Roman or Arial 8-point font. Text within tables shall be no smaller than Times New Roman or Arial 10-point font.

d) Submit completed Section G (attachment 5) which covers Contractor Contract Administration.

e) Offeror(s) shall state within proposal if Service Contract Act (SCA) is applicable to employees. If exempt from SCA, proposal shall indicate “Employees are defined as professional employees IAW 29 CFR part 541.”

6. The following full text provisions apply to this acquisition:

A) FAR 52.212-4, Contract Terms and Conditions—Commercial Items (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt;

or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

https://www.acquisition.gov/

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

B) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Feb 2016)

(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 (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

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

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

(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)).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

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

(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) (E.O. 13513).

(50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(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:

(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(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.

(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.

C) FAR 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 of contract expiration.

D) FAR 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 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

E) FAR 52.222-42, Statement of Equivalent Rates for Federal Hires, (May 1989)

In compliance with the Service Contract Act of 1965, as amended, 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 -- Fringe Benefits

Aircraft Mechanic Level I WG-8 Equivalent

Aircraft Mechanic Level II WG-9 Equivalent

F) FAR 52.232-18, Availability of Funds (Apr 1984)

G) DFARS 252.237-7024, Notice of Continuation of Essential Contractor Services, (Oct 2010)

(a) Definitions. “Essential contractor service”and “mission-essential functions” have the meanings given in the clause at 252.237-7023, Continuation of Essential Contractor Services, in this solicitation.

(b) The offeror shall provide with its offer a written plan describing how it will continue to perform the essential contractor services listed in PWS attachment 1, during periods of crisis. The offeror shall–

(1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed;

(2) Address in the plan, at a minimum—

(i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves;

(ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site;

(iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home;

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm#252237.7023

(iv) Any established alert and notification procedures for mobilizing identified “essential contractor service” personnel; and

(v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis.

7) Provisions/clauses incorporated by reference:

FAR 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)

FAR 52.204-2, Security Requirements (Aug 1996)

FAR 52.204-7, System for Award Management (Jul 2013)

FAR 52.212-1 Instructions to Offeror’s -- Commercial Items (Oct 2015)

FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items (Nov 2015)

FAR 52.217-5, Evaluation of Options (Jul 1990)

FAR 52.219-1, Small Business Program Representations (Oct 2014), Alternate 1

FAR 52.219-8, Utilization of Small Business Concerns (Oct 2014)

8) IAW DFARS 212.301(f), the following additional provisions apply to DoD solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items:

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials, as prescribed in 203.171-4(b).

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls, as prescribed in 204.7304(a).

DFARS 252.204-7011, Alternative Line Item Structure, as prescribed in 204.7109(b).

DFARS 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offeror’s, as prescribed in 204.7403(a), to comply with 10 U.S.C. 129d.

DFARS 252.215-7003, Requirements for Submission of Data Other Than Certified Cost or Pricing Data—Canadian Commercial Corporation, as prescribed at 215.408(3)(i).

DFARS 252.215-7007, Notice of Intent to Resolicit, as prescribed in 215.371-6.

DFARS 252.215-7008, Only One Offer, as prescribed at 215.408(4).

DFARS 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771.

DFARS 252.201-7000, Contracting Officer’s Representative (Dec 1991) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/203_1.htm http://creation.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://creation.acq.osd.mil/dpap/dars/dfars/html/current/204_73.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/204_71.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/204_74.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/215_4.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm#252.215-7007 http://www.acq.osd.mil/dpap/dars/dfars/html/current/215_3.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/215_4.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252222.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/222_17.htm

DFARS 252.204-7004 Alternate A, System for Award Management (Feb 2014)

DFARS 252.243-7002, Requests for Equitable Adjustments (Dec 2012)

GSAM 552.217-70, Evaluation of Options (Aug 1990)

GSAM 552.217-71, Notice Regarding Option(s) (NOV 1992)

GSAM 552.219-72 Preparation, Submission, and Negotiation of Subcontracting Plans (MAR 2012)

9. The proposed period of performance for this effort is a base year from 14 April 2016 through 13 April 2017, plus four (4) option periods from 14 April 2017 through 13 April 2021.

10. Please be advised, that this RFP in no manner obligates the Government regarding award of a contract, task order, or modification that results from the issuance of this RFP.

11. Questions regarding this RFP are to be submitted electronically and must be received no later than 4:00 p.m. Mountain Standard Time (MST), 1 Mar 16 to heidi.sawyer@gsa.gov and joan.johnson@gsa.gov. Responses will be provided to all offerors through issuance of an amendment.

Proposal submissions are to be submitted electronically and are due no later than 6:00 a.m. Mountain Standard Time (MST), 7 Mar 16 to joan.johnson@gsa.gov.

LEATRICE K. THOMPSON

Contracting Officer

Five (5) Attachments:

1. Performance Work Statement dated 1 Feb 16

2. Schedule B

3. DD Form 254

4. Wage Determination No. 2005-2027, Revision 21, dated 12/29/2015 (Yuma, AZ) and Wage Determination No. 2015-2393, Revision 2, dated 12/29/2015 (Cherry Point, NC)

5. Section G mailto:joan.johnson@gsa.gov mailto:joan.johnson@gsa.gov

FROM: General Services Administration (GSA), Region 8