N4019220R7040 SF33.pdf

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Attached to
LRS Support Services Federal contract opportunity
Solicitation number
N4019220R7040
Issued by
Department of the Navy Naval Facilities Engineering Command

About this file

This federal solicitation seeks transportation management and logistics support services. The 36 Logistics Readiness Squadron on Andersen Air Force Base, Guam requires services including vehicle operations and maintenance, ground transportation, traffic management, and material management in support of its mission. The contractor will provide all necessary labor, tools, equipment, and facilities to perform these services, which are currently delivered under an existing base operations support contract. The solicitation specifies a firm fixed price indefinite delivery indefinite quantity contract structure with recurring and non-recurring work components. It identifies the NAICS code and size standard and sets the acquisition aside for small businesses. The performance period includes mobilization, base and option periods, and demobilization.

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Other files for this federal contract opportunity

Other files attached to LRS Support Services, newest first.
File Type Posted
Amend 0005.pdf PDF
1001000 C Material Management_Revised 9APR2020.pdf PDF
Amendment 0004.pdf PDF
N4019220R7040 Notice 2.docx DOCX document
J-0200000-07 DD Form 254 (Blank) 36 LRS.pdf PDF
J-1700000-13 SF91 Motor Vehicle Accident Report.pdf PDF
Amendment 0003.pdf PDF
J-0200000-06 Invoicing Procedures.pdf PDF
Attachment J-0200000-05 Forms.pdf PDF
J-1700000-12 AF1800 Oper Guide and Trouble Rep.pdf PDF
0200000 F Management and Administration.doc DOC document
Revised JB1 _24MAR20.xlsx XLSX spreadsheet
J-1701000-05 DoD Property Record (DD Form 1342).docx DOCX document
J-0200000-03 Dir Inst References v190725 36 LRS.xlsx XLSX spreadsheet
PPQ_7040.pdf PDF
J-0200000-02 Directives Insturions and References.pdf PDF
N40194220R7040 A0002.pdf PDF
Pre-Proposal Conference Slides_3MAR2020.ppt PPT presentation
J-1701000-01 -Fleet Inventory (Mission).xlsx XLSX spreadsheet
J-0200000-05a GFE.XLSX XLSX spreadsheet
J-1701000-02 Fleet Inventory (Installation).xlsx XLSX spreadsheet
Attachment J-1001000-05 - Philippine Mission Support Equip.xlsx XLSX spreadsheet
Attachment J-1001000-03 Singapore Mission Support Equip..xlsx XLSX spreadsheet
N4019220R7040 Notice 1.pdf PDF
Pre-Proposal Attendance List.pdf PDF
IBEW-DZSP21.2017-2021 CBA.6-5-17 for new hires Attc JH-1a.pdf PDF
JB1 Logistics Support Services_Schedule of Prices.xlsx XLSX spreadsheet
2019 Exhibit A - Wage Reopener 8.20.2019 v1 - Attch JH-1b.pdf PDF
CONTRACTOR LETTER Memo JL-4a.docx DOCX document
AAFB Base Access Procedures.pdf PDF
N4019220R7040_A0001.pdf PDF
Contractor Affidavit JL-4b.pdf PDF
III Log Information - INSERT COMPANY NAME JL-4c.pdf PDF
JH2 Wage determination 15-5693.pdf PDF
0200000 C Management and Administration.pdf PDF
1700000 C Transportation.pdf PDF
0100000 C General Information.pdf PDF
J-0200000-05a.pdf PDF
JB1 Logistics Support Services_Schedule of Prices.pdf PDF
J-1701000-06 AF1800 Operator's Inspection Guide and Trouble Report.pdf PDF
1001000 C Material Management.pdf PDF
Annex 1000 CDRLs - ALL.pdf PDF
J 11 Written Questions.pdf PDF
PPQ_7005.pdf PDF
J-1701000-03 Workload Data Quantities for BSVE.pdf PDF
J-0200000-05.pdf PDF
J-1701000-02 Fleet Inventory (Installation).pdf PDF
Annex 1700 CDRLs - All.pdf PDF
J-1001000-00 Attachments.pdf PDF
Questions.pdf PDF
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Text version

CODE

(Hour)

PAGE(S)

until local time

X

A X B X C X D

EX

X

G F 58 - 68

69 - 74 X H 75 - 82

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 82

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N40192 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

CHRISTINE MANGLONA 671-366-6622

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 7

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

11 - 12

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 13 - 14 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 15 - 18 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

19 - 56

PART II - CONTRACT CLAUSES

COMMANDING OFFICER - NAVFAC MARIANAS

36 CONS LGCB

UNIT 14040

BLDG 22026

YIGO GU 96929

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

20 Feb 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N4019220R7040

Section A - Solicitation/Contract Form

SOLICIITATION/CONTRACT FORM

A.1 GENERAL OVERVIEW OF TRANSPORTATION MANAGEMENT AND LOGISTICS SUPPORT

SERVICES CONTRACT

The 36 Logistics Readiness Squadron (36 LRS) on Andersen Air Force Base Guam (AAFB), requires transportation management and logistics support services to include vehicle operations and maintenance, ground transportation, traffic management, and material management in support of the 36 Wing, AAFB and its mission partners. The outcome to be achieved is the provision of all labor, supervision, management, tools, material, equipment, facilities, transportation, incidentals, and other items necessary to accomplish all work to perform transportation management and logistics support services. These services are currently being satisfied through the Base Operations Support (BOS) contract N62742-19-C-1175 and this is a successor contract.

A.2 CONTRACT TYPE

This acquisition will be solicited as a total small business set-aside. This acquisition will result in a Firm Fixed Price (FFP) Indefinite Delivery, Indefinite Quantity (IDIQ) contract with recurring and non-recurring work. The term “recurring work” refers to the FFP portion of the contract, while “non-recurring work” refers to the IDIQ portion of the contract.

A.3 NAICS CODE

The NAICS code is 561210 Facilities Support Services. The size standard associated with NAICS 561210 is $41.5 Million. This industry comprises establishments primarily engaged in providing operating staff to perform a combination of support services within a client's facilities. Establishments in this industry typically provide a combination of services, such as janitorial; maintenance; trash disposal; guard and security; mail routing; reception;

laundry; and related services to support operations within facilities. These establishments provide operating staff to carry out these support activities; but, are not involved with or responsible for the core business or activities of the client. Establishments providing facilities (except computer and/or data processing) operation support services and establishments operating correctional facilities (i.e., jails) on a contract or fee basis are included in this industry.

Section B - Supplies or Services and Prices

SUPPLIES/SERVICES OR PRICES

B.1 CONTRACT LINE ITEMS (CLINS), SUBCONTRACT LINE ITEMS (SLINS) AND EXHIBIT LINE ITEMS

(ELINS)

a. Offerors shall enter amounts for CLINs and ELINs as indicated in the schedules and any accompanying exhibits (see Section J).

b. In the event there is a difference between a unit price and the computed total amount, the unit price will be held to be the intended offer and the total of the CLINs and ELINs will be recomputed accordingly. If the offeror provides a total amount for a CLIN or ELIN but fails to enter the unit price, the total amount divided by the CLIN or ELIN quantity will be held to be in the intended unit price.

c. ELINs are included in Exhibits A through C, Section J. Pricing should be prepared for, Mobilization, Base

Period, one (1) Option Period, Demobilization, and Extension of Services.

B.2 MAXIMUM NOT TO EXCEED (NTE) AND MINIMUM GUARANTEE

The maximum or NTE value of an ordering period is the total of all the CLINs in that ordering period. The maximum for any ordering period shall not be exceeded except as may be provided for by formal modification to the contract. Circumstances may change after award such that the Government may need to issue orders which exceed the estimated quantity set forth for any particular CLIN during an ordering period, but will not exceed the maximum value for that ordering period. In this case, the Contractor may agree by signing the task order or starting performance.

Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee for:

CLIN 0001 Mobilization CLIN 0002 Base Period recurring work

Minimum guarantees do not apply to the option periods.

FIRM-FIXED-PRICE INDEFINITE DELIVERY - INDEFINITE QUANTITY SUMMARY

CLIN PERIOD TYPE TOTAL

0001 Mobilization (3 Months) Firm Fixed Price 0002 Base Period (9 Months) Firm Fixed Price Recurring Work 0003 Base Period (9 Months) IDIQ Non-Recurring Work 0004 First Option Period (10 Months) Firm Fixed Price Recurring Work 0005 First Option Period (10 Months) IDIQ Non-Recurring Work 0006 Demobilization (2 Months) Firm Fixed Price 0007 Extension of Services Option (6 Months) Firm Fixed Price Recurring Work 0008 Extension of Services Option (6 Months) Firm Fixed Price Non-Recurring

Work

Grand Total (CLIN 0001 - 0008) Firm Fixed Price Recurring Work

IDIQ Non-Recurring Work

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each MOBILIZATION - Firm-Fixed-Price

FFP

In accordance with Section J, Exhibit A, ELINS A001 through A011 Period of Performance is 3 Months FOB: Destination

PSC CD: S216

NET AMT

0002 1 Each BASE PERIOD - Recurring Work

FFP

BASE PERIOD - Firm-Fixed-Price Recurring Work In accordance with Section J, Exhibit A, ELINS A100 through A222 Period of Performance is 9 Months FOB: Destination

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0003 1 Each

BASE PERIOD - IDIQ

FFP

Base Period - Non-Recurring (Indefinite Delivery - Indefinite Quantity) Work In accordance with Section J, Exhibit A, ELINS A700 through A805

MAX

0004 1 Each

OPTION FIRST OPTION PERIOD - FFP

FFP

Firm-Fixed-Price Recurring Work In accordance with Section J, Exhibit B, ELINS B100 through B222 Period of Performance is 10 Months FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0005 1 Each

OPTION FIRST OPTION PERIOD - IDIQ

FFP

Non-Recurring (Indefinite Delivery - Indefinite Quantity) Work In accordance with Section J, Exhibit B, ELINS B700 through B805 FOB: Destination

0006 1 Each

DEMOBILIZATION

FFP

DEMOBILIZATION - Firm-Fixed-Price In accordance with Section J, Exhibit B, ELINS B001 through B011 Period of Performance is 2 months

0007 1 Each

EXTENSION OF SERVICES

FFP

Firm-Fixed-Price Recurring Work In accordance with Section J, Exhibit C, ELINS C001 through C011 Total extension of performance shall not exceed 6 months

UNIT UNIT PRICE MAX AMOUNT

0008 1 Each

EXTENSION OF SERVICES IDIQ

FFP

Non-Recurring (Indefinite Delivery - Indefinite Quantity) Work In accordance with Section J, Exhibit C, ELINS C100 through C110 Total extension of performance shall not exceed 6 months

Section C - Descriptions and Specifications

DESCRIPTION AND SPECIFICATIONS

The outcome to be achieved is for the Contractor to provide labor, management, supervision, tools, material, and equipment required to perform Base Transportation Management and Logistics Support Services for the 36 Logistics Readiness Squadron (36 LRS) at Andersen Air Force Base (AAFB) Guam, with limited support in Diego Garcia, Singapore, Australia, and Philippines.

The 36 LRS intends to work with the successful Transportation Management and Logistic Support Services contractor to: 1) specify requirements for a transportation program consisting of mission vehicles and equipment maintenance and repairs, vehicle and equipment operations to include dispatch, Material Handling Equipment (MHE), operators, liquid movements, people movements, operator licensing and training, inspection and certification, and specified administrative program management; and 2) specify requirements related to material management services to ensure supplies are properly managed including but not limited to procurement, storage, and receipt, to support end users to include Combat Readiness.

Logistics support services will include the following Annexes/Sub-Annexes:

ANNEX TITLE

0100000 General Information 0200000 Management and Administration 1001000 Logistic Support Services 1700000 Transportation Management

PWS Format Specification (Spec) Item 1 (General Information) – Non-cost information unique to the understanding of the technical requirements of this functional area.

Spec Item 2 (Management and Administration) – Management and administration requirements unique to the planning, execution, management, and administration of the performance requirements of this spec.

Spec Item 3 (Firm Fixed Price) Spec Item 4 (IDIQ) – Indefinite Delivery/Indefinite Quantity (IDIQ) Work

Section D - Packaging and Marking

D.1 PREPARATION FOR DELIVERY

(a) All material to be delivered hereunder shall be afforded the degree of packaging (preservation and packing) required to prevent deterioration and damages due to the hazards of shipment, handling and storage. Best commercial practice will be accepted.

(b) Preservation, packaging and packing shall be in accordance with ASTM Designation D3951-88, "Standard Practice for Commercial Packaging," current version.

D.2 PROHIBITED PACKING MATERIALS

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopia or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

D.3 STORAGE AND MARKING OF HAZARDOUS WASTE CONTAINERS

Hazardous waste shall be stored in approved container types and shall be properly identified in accordance with Section C, 40 CFR 263 and 40 CFR 264.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

DELIVERIES OR PERFORMANCE

F.1 TERM OF THE CONTRACT

This term of the contract includes a mobilization and demobilization period, the base period and an option period.

The mobilization period will be for three (3) months commencing on the contract award date. Immediately following will be the base period for nine (9) months. The one (1) option period will be for ten (10) months and the demobilization period will be for two (2) months. The Government has the option to extend the term of the contract in accordance with FAR 52.217-8, Option to Extend Services (NOV 1999) and FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2002).

F.2 WORKING FILES

(a) This contract contains FAR 52.215-2 "Audit and Records – Negotiation," Section I. In addition to all information described in that clause, the Contractor shall maintain accurate working files on all work documentation including calculations, assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of this contract. Such additional information involving transactions related to this contract shall also be subject to access and examination by the U.S. Comptroller General, or an authorized representative.

(b) In accordance with SECNAVINST 5212.10A, all documents are to be labeled and transferred to the Contracting Officer after final payment.

F.3 PLACE OF PERFORMANCE

The place of performance for this contract is Andersen Air Force Base Guam, located on Guam to include four geographically separated units in Diego Garcia, Singapore, Australia, and Philippines. Guam the largest and southernmost island of the Marianas archipelago, is the westernmost possession of the United States.

F.4 DELIVERABLES

The Deliverables are provided in Annex 0200000, Management & Administration, Section F.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2020 TO

31-AUG-2020

N/A 36TH LOGISTICS READINESS

SQUADRON (36 LR

MELISSA JOHNSON

UNIT 14040 BLDG 17000

APO AE 96543-4040

366-4602

F1C347

0002 POP 01-SEP-2020 TO

31-MAY-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-SEP-2020 TO

31-MAY-2021

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-JUN-2021 TO

31-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-JUN-2021 TO

31-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-APR-2022 TO

31-MAY-2022

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-APR-2022 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-APR-2022 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

CONTRACT ADMINISTRATION DATA

G.1 TECHNICAL DIRECTION

(a) As provided by the contract provision, “CONTRACTING OFFICER’S REPRESENTATIVE (COR),” performance of work under this contract is subject to the written technical direction of the COR, who shall be specifically appointed by the Contracting Officer in writing. “Technical Direction” means a directive to the Contractor that approves approaches, solutions, or refinements; fills in details or otherwise completes the general description of the work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instructions to the Contractor.

(b) The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction which:

(1) Constitutes an assignment of additional work outside the Statement of Work;

(2) Constitutes a change as defined in the Changes clause;

(3) In any manner causes an increase or decrease in the total estimated cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract, or;

(5) Interferes with the Contractor’s rights to perform the terms and conditions of the contract, or;

(6) Authorizes the Contractor to incur costs in excess of the estimated cost or other limitations on cost or funds set forth in this contract.

(c) All technical direction shall be issued in writing by the COR.

(d) When, in the opinion of the Contractor, the COR or any other Government official other than the Contracting Officer, requests effort outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor under such direction until the Contracting Officer has issued a modification to the contract or has otherwise resolved the issue.

G.2 CONTRACT ADMINISTRATION DATA

(a) IDENTIFICATION OF PROCURING CONTRACTING OFFICER AND ADMINISTRATIVE

CONTRACTING OFFICER

The Procuring Contracting Officer (PCO) and the Administrative Contracting Officer (ACO) for this acquisition is:

Christine G. Manglona Naval Facilities Engineering Command, Marianas 36th Contracting Squadron, LGCB PSC 455, Box 195

FPO AP 96540-2937

(b) Contracting Officer’s Representative (COR) for this contract will be designated prior to contract award.

(c) Invoices will be submitted to:

Naval Facilities Engineering Command, Marianas 36th Contracting Squadron, LGCB PSC 455, Box 195

FPO AP 96540-2937

G.3 DFARS PGI PAYMENT PROCEDURES

(a) Payment Instructions Table:

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions

G.4 CONTRACTING OFFICER AUTHORITY

(a) In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEPT 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

[ ___ Contracting Officer to insert name, address, telephone number, and email address for the Agency Ombudsman or provide the URL address where this information may be found.]

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 INSTALLATION REGULATIONS

The Contractor shall ensure all Contractor and subcontractor employees become acquainted with and obey all Government installation regulations.

H.2 SECURITY REQUIREMENTS

(a) The Contractor and its subcontractors shall comply with all security requirements specified in the contract as well as all installation security requirements. Upon request, the Contractor shall submit the name and address of all personnel hired for work on this contract, and any completed questionnaires, and other forms as may be required for security clearances.

(b) Contractor and subcontractor employees shall not disclose or cause to be disseminated any information concerning the operations of the installation which could result in or increase the likelihood of the possibility of a breach of the installation's security or interrupt the continuity of its operations.

(c) Disclosure of information relating to the services hereunder to any person not entitled to receive it, or failure to safeguard any classified information that may come to the attention of the Contractor or any person under his control in connection with work under this contract, may subject the Contractor, his agents or employees to criminal liability under 18 U.S.C. Sec. 793, "Gathering, Transmitting, or Losing Defense Information," 18 U.S.C. Sec. 794 “Gathering or Delivering Defense Information to Aid Foreign Government” and 18 U.S.C. Sec. 798, "Disclosure of Classified Information."

(d) Deviations from or violations of any of the provisions of this contract requirement, in addition to all other criminal and civil remedies provided by law, may subject the Contractor to immediate termination for default and/or the withdrawal of the Government's acceptance and approval of employment of the individuals involved.

(e) Classified and/or politically sensitive material shall not be released without prior written consent of the Contracting Officer, or as expressly stated in the statement of work. In the event the Contractor requires access to classified information during performance, procedures prescribed by FAR 4.4 for safeguarding classified information shall apply.

H.3 NOTICE CONCERNING TERRITORY OF GUAM TAXES, LICENSES, AND TAX WITHHOLDINGS

(NOTE: This clause summarizes certain requirements of Guam Territorial Law. Any questions concerning applicability or interpretation should be directed to Government of Guam, Department of Revenue and Taxation.)

(a) All persons engaging in business on Guam must be licensed to do so by the Government of Guam prior to commencement of business in Guam. Engaging in business includes, but is not limited to, services provided by contractors. Applications for business licenses shall be made to the Department of Revenue and Taxation, License and Registration Branch.

(b) All corporations, domestic (created under the laws of Guam) or foreign (not created under the laws of Guam) must register with the Department of Revenue and Taxation, License and Registration Branch.

(c) Any person engaging in business on Guam must file monthly Business Privilege Tax returns with the Department of Revenue and Taxation.

(d) All corporations with the Guam source of funds must file income tax returns to the Department of Revenue and Taxation on the prescribed forms.

(e) All employers must deposit wage withholdings from their employees to the Treasurer of Guam. Guam Depository Receipts, as well as Quarterly Withholding Statements are required to be filed with the Department of Revenue and Taxation in the same manner as similar returns and statements required to be filed with the U.S.

Internal Revenue Service.

(f) Failure to comply with the above may result in criminal or civil penalties as provided by law.

H.4 CHANGEOVER

The Government reserves the right to conduct site visits with prospective offerors in all contractor-operated facilities in conjunction with the solicitation of offers for the follow-on contract. In the event the follow-on contract is awarded to other than the incumbent, the incumbent Contractor shall cooperate to the extent required to permit orderly changeover to the successful contractor. With regard to the succession of Contractor’s employees, a recruitment notice may be placed in each facility.

H.5 CHANGES IN FEDERAL, STATE, AND LOCAL ENVIRONMENTAL LAWS AND REGULATIONS

Federal, state, and local environmental laws and regulation may change the performance period of this contract. The Contractor is responsible for maintaining a working knowledge of these changes in order to perform all work under the this contract in accordance with the applicable federal, state, and local laws and regulations which are in effect at the time work is performed.

H.6 HISTORICAL AND ARCHAEOLOGICAL RESOURCES

Carefully protect in-place and notify the Contracting Officer immediately if historical and archaeological items or human skeletal remains discovered in the course of work. Upon discovery, notify the Contracting Officer. Stop work in the immediate area of the discovery until directed by the Contracting Officer to resume work. The Government retains ownership and control over historical and archaeological resources.

H.7 FIRE PREVENTION

The Contractor shall observe all requirements for handling and storing combustible supplies, materials, waste, and trash in a manner that prevents fire or hazards to persons, facilities, and material. Contractor employees and subcontractors operating critical equipment must be trained by the Contractor on how to properly respond to a fire emergency.

H.8 CONTRACTOR GENERATED AND/OR COLLECTED INFORMATION

(a) Information generated and/or collected by the Contractor in the performance of this contract, in any media (e.g.

electronic, paper, etc.), is considered to be Government owned and must be returned to the possession of the Government upon termination of Contractor’s services or at the completion of the contract whichever occurs first.

This shall include, but not be limited to any statements of work, performance work statements, data collected concerning facility/utility usage, data collected concerning consumption of materials and supplies, logs and records, maintenance records, inventories, databases, Standard Operating Procedures (SOP), drawings, source code and detailed system documentation.

(b) The Government shall have unrestricted access to the Contractor’s management information systems (MIS).

H.9 REQUIRED INSURANCE

(a) Within fifteen (15) days after award of this contract, the Contractor shall furnish the Contracting Officer a Certificate of Insurance as evidence of the existence of the following insurance coverage in amounts not less than the amount specified below in accordance with the FAR 52.228-5, “Insurance-Work on a Government Installation (Jan 1997),” in Section I. This insurance must be maintained during the entire performance period. Before commencing work on this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer.

COVERAGE

Comprehensive General Liability: $500,000 per occurrence.

Automobile Liability: $200,000 per person; $500,000 per occurrence for bodily injury; $20,000 per occurrence for property damage.

Workman’s Compensation: As required by Federal Workers’ compensation.

Employer’s Liability Coverage: $100,000, except in areas where workers’ compensation may not be written by private carriers.

(b) Above insurance coverages are to extend to Contractor personnel operating Government owned equipment and vehicles.

(c) The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in H.9(a).

H.10 MOBILIZATION

The demobilization period of incumbent employees will occur in conjunction with the mobiliztion period of successor Contractor employees. The current Contractor shall cooperate with the Government during the demobilization period.

H.11 SALVAGE

In addition to FAR 52.245-1, "Government Property (Jan 2017),” incorporated in Section I, upon completion of work at each individual work site, all material and equipment which are removed or disconnected, and which are sound and of value, but are not indicated or specified for disposal or reuse shall remain the property of the Government.

H.12 CONTRACTOR SUPPORT OF ELECTRONIC CONTRACTING (FEDMALL)

(a) The contractor is required to offer IQ pre-priced line item services to authorized Government personnel when they are ordering the work directly via the Government wide Commercial Purchase Card (GCPC) program. When receiving GCPC orders against Section B, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.

(b) The contractor agrees to accept and process electronically submitted GCPC orders for IQ services, including those orders issued through the FedMall. The FedMall is a U.S. Government (USG) owned and operated web-based ordering system that enables any Department of Defense (DOD) or Federal activity to search for and order goods and services. Authorized GCPC users will receive approved accounts on FedMall to view and order IQ line items.

(c) The contractor is required to receive electronic IQ orders from the FedMall using 128-bit encrypted email. The contractor agrees to purchase, install, and utilize the most recent version of PGP Personal software, or a comparable solution, for the purpose of decrypting order notification emails from the FedMall. In addition, the DoD has established the External Certification Authority (ECA) program to support the issuance of DoD-approved certificates to contractors. The ECA program is designed to provide the mechanism for contractors to securely communicate with the DoD and authenticate to DoD Information Systems. The contractor agrees to purchase, install, maintain and use a DoD-approved ECA certificate. Information on obtaining an ECA certificate can be found at http://iase.disa.mil/pki/eca/Pages/certificate.aspx.

(d) The contractor shall post updates on order delivery schedule and performance to the FedMall in a timely manner.

(e) The contractor shall track quantities and report total ordered quantity in FedMall and approved DD 1155's by line item number each month and year-to-date. The report shall be due to the Contracting Officer by the fifth day of the following month. The contractor must track and report when total dollar value of all orders from both GCPC purchases and DD 1155s exceed 75% of the combined Section B Pre-Priced Line Item quantities."

H.13 CONTRACTOR EQUIPMENT ON IDIQ TASK ORDERS

1. Entitlement (Equipment Usage - Hours). In situations where equipment is (i) owned by the contractor (or subs),

(ii) also used on Fixed-Price Work, and (iii) necessary for performance on IDIQ (Task order) effort; then equipment usage hours may be proposed on the specific IDIQ Task Order.

2. Equipment Hourly Rate.

a. Ownership costs (e.g. depreciation, facilities capital cost of money) and mobilization/demobilization costs shall not be part of the equipment hourly rate because these costs are already fully priced as part of the annual FP work.

b. Only Operating costs shall be part of the proposed Equipment Hourly Rate and shall be computed based on:

i. Actual cost data to support the proposed hourly rate; OR, if information is not readily available;

ii. In accordance with FAR 31.105(d)(2), predetermined schedules of construction equipment use rates (i.e. Equipment Hourly Rate (Operating costs portion only) computed by taking Total Hourly Rate –Average less Depreciation less Facilities Capital Cost of Money)

H.14 SERVICE CONTRACT LABOR STANDARDS

The Collective Bargaining Agreement (CBA), Attachment JH-1, and Service Contract Labor Standards (SCLS) Wage Determination, Attachment JH-2, included in the award of a contract will remain in effect for the duration of the mobilization and base period. At the time the Contracting Officer elects to exercise an option period, an updated Service Contract Labor Standards Wage Determination will be incorporated into the contract. The updated Service Contract Labor Standards Wage Determination will remain in effect for the life of the option period. Estimated costs reflected in Section B and option periods do not include escalation for anticipated Service Contract Labor Standards Wage Determination revisions. Upon incorporation of an update Service Contract Labor Standards Wage Determination, the estimated cost of the contract shall be revised to reflect impact on wages, benefits, taxes (including Gross Receipt Tax) and associated costs.

5252.209-9300 - Organizational Conflicts of Interest (Jun 1994)

The restrictions described herein shall apply to the Contractor and its affiliates, consultants and subcontracts under this contract. If the Contractor under this contract prepares or assists in preparing a statement of work, specifications and plans, the Contractor and its affiliates shall be ineligible to bid or participate, in any capacity, in any contractual effort which is based on such statement of work or specifications and plans as a prime contractor, subcontractor, consultant or in any similar capacity. The Contractor shall not incorporate its products or services in such statement of work or specification unless so directed in writing by the Contracting Officer, in which case the restriction shall not apply. This contract shall include this clause in its subcontractor's or consultants' agreements concerning the performance of this contract.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 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 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations On Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation

MAY 2018

52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons JAN 2019 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners.

JUN 2016

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items AUG 2019 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-1 Value Engineering OCT 2010 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-4 Termination For Convenience Of The Government (Services) (Short Form)

APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7009 Proposal Adequacy Checklist JAN 2014 252.222-7000 Restriction On Employment Of Personnel MAR 2000 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

MAY 2019

252.225-7021 Trade Agreements--Basic AUG 2019 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7004 DOD Progress Payment Rates OCT 2014

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card

MAY 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.242-7005 Contractor Business Systems FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012

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 $2,500.00 , 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 $100,000.00;

(2) Any order for a combination of items in excess of $1,000,000.00; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 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.

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 last date of the contract.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of Contract expiration.

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;

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 30 months.

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (DEVIATION 2019-O0003) (JAN 2019)

(a) Definitions. As used in this clause— “HUBZone small business concern” means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103).

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award; as is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs

(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

__ Offeror elects to waive the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, a HUBZone small business concern agrees that, in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for…

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