N62473-18-Q-5010_Combined_Synopsis_and_Solicitation_Cranes.pdf

N62473-18-Q-5010 QUOTES DUE: 24 JULY 2018

FULL AND OPEN COMPETITION

This is a Naval Facilities Engineering Command Southwest (NAVFAC SW) combined synopsis/solicitation for services necessary to perform all labor, management supervision, tools, material and equipment to provide maintenance and repair, inspection, testing and certification on Weight Handling Equipment (WHE). The work shall be performed at various locations within the San Diego Metropolitan Area (including Marine Corps Base Camp Pendleton (MCBCP)), California. San Diego Metropolitan area includes, but is not limited to: Marine Corps Air Station (MCAS) Miramar, Naval Base Point Loma (NBPL), Naval Base San Diego (NBSD), and all other Navy and Marine Installations. Project location will be Task Order (TO) specific and may include Naval and Marine Corps installations within Naval Facilities Southwest Engineering Command Area of Responsibility.

This action will be procured under an Indefinite Delivery Indefinite Quantity (IDIQ) performance based contract that is comprised of both recurring and non-recurring work items. Task Orders will be procured as Firm Fixed Price. This is combined synopsis/solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Part 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items and FAR Part 13, Simplified Acquisition Procedures.

This announcement constitutes the only solicitation. This procurement is unrestricted in accordance with FAR Subpart 6.1 – Full and Open Competition. Quotes submitted by Small Businesses and Other Than Small Businesses will be accepted. FAR Clause 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) is applicable to this procurement. FAR Clause 52.219-9 Small Business Subcontracting Plan (Jan 2017) is also applicable to this procurement. Note:

FAR Clause 52.219-9 does not apply to small business concerns.

Competitive quotes are being requested under N62473-18-Q-5010. It is anticipated that TO/requirements issued on this IDIQ contract may consist primarily of description under North American Industry Classification System (NAICS) code 811310 – Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance with business size standard of $7.5 million. This contract will include a 12-month base period and four 12-month option periods. There will be no future synopsis in the event the options included in the contract are exercised.

Basis for award: The government anticipates awarding an IDIQ performance based contract of both recurring and non-recurring work items as a competitive Lowest Priced Technically Acceptable (LPTA) quote. Task Orders/Modifications will be issued as Firm-Fixed Price (FFP).

Technical Requirement:

Delivery Capability and Service Capability to provide maintenance and repair, inspection, testing and certification on WHE (overhead cranes and hoists).

Quote must include the following:

(1) The solicitation number, reference: N62473-18-Q-5010 WHE Maintenance and Repair Services on the subject line;

(2) The name, address, and telephone number, Tax Identification Number (TIN), DUNS Number, and Cage Code of the quoter;

(3) Price and any discount terms;

(4) “Remit to” address, if different than mailing address;

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

(6) Acknowledgment of Solicitation Amendments;

(7) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

(8) Type of Business (i.e. Small Business, Women owned etc.)

(9) Individually listed labor categories, direct labor hours, direct/burdened hourly labor rates for each labor category.

(10) Unit price for each required material/Complete ELIN Schedule.

Quotes are due by July 24, 2018, at 1:00 PM, Pacific Time. Request for Information (RFIs) shall be E-mailed to Contract Specialist: Terry A. Hardin at terry.a.hardin@navy.mil on or before 16 July 2018. The point of contact for this solicitation is Terry A. Hardin at terry.a.hardin@navy.mil. Please include RFQ N62473-18-Q-5010 on all inquiries.

Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

Any quotation received at the Government office designated in the solicitation after exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition

All responding vendors must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/.

Complete SAM registration means a registered DUNS and CAGE Code numbers.

RFQ PACKAGE:

The RFQ will include attachments for the Basic Contract (IDIQ) and a Task Order 0001 (FFP). TO 0001 serves as the basis of price competition for the evaluation of offers and is representative of the projects that may be procured through this life time of this contract. Task Order 0001 is a requirement for the Public Works Departments (PWD) at Space and Naval Systems Center Pacific (SSC PAC) on Naval Base Point Loma and Old Town Campus Point Loma.

Basic Contract Attachments:

Attachment No. Location File Name Basic Contract N/A Annex 100000 C General Information Basic Contract N/A Annex 0200000 C Management and Administration Basic Contract N/A Annex 1502000 C Facility Investment

Proposed Task Order 0001 SSC PAC Attachments:

13 SSC PAC Annex 100000 C General Information 14 SSC PAC Annex 0200000 C Management and Administration 14A SSC PAC Annex 0200000 F Management and Administration

15 SSC PAC Annex 1502000 C Facility Investment 15A SSC PAC Annex 1502000 F Facility Investment 15B SSC PAC Annex 1502000 J Facility Investment 16A SSC PAC Unpopulated ELINs Facility Investment SCA Wage Determination 2015-5635 (Rev 8) 1/10/2018

THE SOLICITATION AND ASSOCIATED DOCUMENTATION WILL BE AVAILABLE IN

ELECTRONIC FORMAT ONLY. No hard copies will be provided. Amendments will be posted on the web site for downloading. This will be the only method of distributing amendments; therefore, IT

IS THE OFFEROR’S RESPONSIBILITY TO CHECK THE WEB SITE PERIODICALLY FOR ANY

AMENDMENTS TO THIS SOLICITATION.

The government will not pay for information requested nor will it compensate any respondent for any proposal. 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 technical requirements considered.

Payment Instructions: Standard Payment Instructions: The standard payment instructions identified in the link below are applicable.

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI1204_71htm#payment_instructions

This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-92, Effective 18 November 2016 and Defense Federal Acquisition Regulation Supplement (DFARS), Publication Notice 20161104, Effective 04 November 2016 provisions. The clauses can be accessed in full text at www.farsite.hill.af.mil.

The following clauses and provisions are hereby incorporated by reference:

52.202-1 – Definitions (Nov 2013) 52.203-3 – Gratuities (Apr 1984) 52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.204-7 -- System for Award Management (Oct 2016) 52.204-13 – System for Award Management Maintenance (Oct 2016) 52.204-16 --Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (July 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-20 – Predecessor of Offeror (Jul 2016) 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.204-22 – Alternative Line Item Proposal (Jan 2017) 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations—Representation (Nov 2015) 52.209-7 – Information Regarding Responsibility Matters (Jul 2013) 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.212-1 -- Instructions to Offerors -- Commercial Items. (DEVIATION 2018-O0013) (Jan 2013) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2017) and Alternate I (Oct 2014) 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Jan 2017) 52.216-19 -- Order Limitations (Oct 1995) 52.216-22 -- Indefinite Quantity (Oct 1995) 52.217-5 -- Evaluation of Options (Jul 1990) 52.219-1 -- Small Business Program Representations (Oct 2014) – Alternate I (Sep 2015) 52.222-22 -- Previous Contracts and Compliance Reports (Feb 1999) 52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts (Sep 2013) 52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Oct 2015) 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) 52.232-11 – Extras (Apr 1984) 52.232-18 -- Availability of Funds (Apr 1984) 52.232-19 -- Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-23 -- Assignment of Claims (May 2014) 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) 52.233-2 -- Service of Protest (Sep 2006) 52.244-6 -- Subcontracts for Commercial Items (Nov 2017) 52.246-4 -- Inspection of Services -- Fixed-Price (Aug 1996) 252.201-7000 Contracting Officer's Representative (Dec 1991) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

252.203-7005 Representation Relating to Compensation of Former DoD Officials. (Nov 2011) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.215-7007 Notice of Intent to Resolicit (Jun 2012) 252.215-7008 Only One Offer (Oct 2013) 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Jan 2018) 252.216-7006 Ordering (May 2011) 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) - Alternate I (Apr 2018) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) 252.232-7006 Wide Area WorkFlow Payment Instructions (May 2013) 252.243-7001 Pricing of Contract Modifications (Dec 1991) 252.243-7002 Requests for Equitable Adjustment (Dec 2012) 252.244-7000 Subcontracts for Commercial Items (252.244-7000) 252.246-7003 Notification of Potential Safety Issues (Jun 2013) 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations (Oct 2010) 5252.201-9300 Contracting Officer Authority (Jun 1994) 5252.209-9300 Organizational Conflicts of Interest (Jun 1994) 5252.216-9300 Appointment of Ordering Officer(s) (Oct 1996) 5252.216-9302 Indefinite Quantity (Jun 1994) 5252.216-9306 Procedures For Issuing Orders (Nov 2009) 5252.217-9301 Option To Extend the Term of the Contract – Services (Jun 1994) 5252.223-9300 Inspection By Regulatory Agencies (Jun 1994) 5252.242-9300 Government representatives (Oct 1996) 5252.242-9305 Pre-Performance Conference (Jul 1995) 5252.245-9302 Limited Assumption of Risk By Government (Jun 1994) 5252.246-9303 Consequences of Contractor's Failure To Perform Required Services (Oct 2004) 5252.246-9304 Estimating the Price of Nonperformed or Unsatisfactory Work (Oct 2004)

The following clauses and provisions are hereby incorporated in full text:

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

Basis for award will be the lowest priced technically acceptable (LPTA) proposal.

(1) The Government intends to make a single award to the responsible Offeror whose offer is the most advantageous to the Government considering price and price related factors. The Government intends to award the contract to the eligible, low-priced, responsible Offeror. Award will be made upon price reasonableness determination, contractor determination of responsibility within the meaning of FAR Part 9, and acceptance to the provisions set forth herein. The following factors shall be used to evaluate offers:

(i) Technical Capability

(ii) Safety

(iii) Past Performance

(iv) Price

The Government intends to make award on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for Factors (i), (ii), and (iii), which are the non-price factors. The Government will not, however, provide additional credit for those proposals that may exceed the standards. The technical capability to provide WHE Maintenance and Repair Services meeting the specifications (Factor (i)), Safety (Factor (ii)), and Past Performance (Factor (iii)) are equal to price (Factor iv).

Offerors quotations will be evaluated under Factor (i) above, which represents minimum acceptable criteria. Under this factor, the Government will rate the quote as either acceptable or unacceptable.

Failure to meet the minimum criteria for this factor will render the entire quote unacceptable and the quote may not be considered for award.

Only those Offers which meet the minimum requirements required by Factor (i) will be further evaluated under Factor (ii), Safety. Failure to meet the minimum criteria for this factor will render the entire quote unacceptable and the quote may not be considered for award. See paragraph (2)(b) below.

Only those Offers which meet the minimum requirements required by Factors (i) and (ii) will be further evaluated under Factor (iii), Past Performance. Failure to meet the minimum criteria for this factor will render the entire quote unacceptable and the quote may not be considered for award. See paragraph (2)(c) below.

For those proposals that are rated acceptable on Factors (i), (ii), and (iii), the Government will then evaluate Factor (iv), Price for TO 0001 (base and all option periods). Award will be made on the lowest evaluated price. See paragraph (d) below.

Factor (i), TECHNICAL CAPABILITY, the Government will evaluate the Offeror’s proposal against Government’s requirements as specified on the solicitation to determine whether the proposal is acceptable or unacceptable.

Offerors are required to submit proof of all certification, training, and licensing requirements per Section F.

For Factor (i) Technical Capabilities the Offeror is require to provide a copy of the Crane Institute of America (CIA) Inspector Certification or equivalent. This includes OSHA and ANSI Standards for Inspectors.

The Government will rate the responses as follows:

Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

a. Factor (ii) SAFETY, information will be used to make a determination of whether the

Offeror has a satisfactory record of safety. The attached Safety Data and Narrative Sheet, Attachment A, is MANDATORY and SHALL be used to submit safety information (For a partnership or joint venture, the following submittal requirements are required for each contractor who is part of the partnership or joint venture; however, only one safety narrative is required. EMR and DART Rates shall not be submitted for subcontractors.).

o Experience Modification Rate (EMR): Include three previous complete calendar years’ worth of data (2015, 2016, and 2017). This rate compares company’s annual losses in insurance claims against its policy premiums. The Offeror may submit an insurance company-provided equivalent rate if no EMR exists. If the Offeror has no EMR or premium, for any year, affirmatively state so and explain why. Any extenuating circumstances that affect the EMR and negative trends shall be addressed as part of the factor submission.

o OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate: Submit three previous complete calendar years’ worth of data (2015, 2016, and 2017). If an Offeror cannot submit an OSHA DART rate, for any year, affirmatively state so and an explanation shall be provided.

Any extenuating circumstances that affected the OSHA and DART rate data negatively shall be addressed as part of this factor submission.

o Technical Approach for Safety: Describe the plan for safety that will be implemented to evaluate safety performance of potential subcontractors as part of the selection process for all levels of subcontractors. The Offeror shall submit a narrative that fully describes the safety management system that they will use to oversee the safety compliance and performance of self-performed and subcontractor performed work. The Offeror will describe any innovative methods that will be employed to ensure and monitor safe work practices at self-performed and/or all subcontractor levels.

Additionally, the contactor will describe their methodology to execute an effective program that facilitates sound mishap prevention techniques and processes, employee reporting of unsafe conditions, unsafe activities, and near-miss mishaps. The technical approach to safety narrative shall be limited to two pages.

b. Factor (iii) PAST PERFORMANCE, information will be used to make a determination of whether the Offeror has a satisfactory record of past performance. Past Performance will be evaluated based upon Offeror’s experience on same or similar projects completed within the last three (3) years. Provide a minimum of two (2) and a maximum of four (4) contracts/projects.

The Offeror can provide past performance as:

1. Customer surveys, and past performance questionnaire replies (Attachment B – PPQ questionnaire can be use)

Offerors should, therefore, provide Contracts/Projects performed with Federal, State, local or private companies. Government contracts are preferred but not required. The Government reserves the right to obtain past performance from any reasonable source available, including Government databases in order to evaluate past performance, such as Government wide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov.

Offers which lack relevant past performance history will receive a neutral rating for this factor. Any Offerors proposal which has no relevant past performance history, while rated neutral, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposals of other Offerors.

Rating Description Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown.

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

2. Price. All quotes shall provide pricing for the CLINs identified and a total overall price.

3. See FAR 13.004 Legal Effect of Quotations for information pertaining to offer and acceptance of a binding contract.

(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.

(End of Provision)

At the discretion of the Contracting Officer, the Government intends to evaluate proposal and award a contract without discussions with Offerors. Each initial offer should, therefore contain the Offeror’s best terms from both a price and technical standpoint.

In addition to the factors listed above, Offerors who are Other Than Small Business shall submit the following with their quotation in accordance with FAR 52.219-9:

Subcontract Plan. Provide the Subcontracting Plan on Attachment C.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2018)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

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

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

[Contracting Officer check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

_X__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the Offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_X__ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_X__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a) (14)).

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

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

_X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

793).

_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d) (12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] _X__ (1) 52.222-17, No displacement of Qualified Workers (May 2014) (E.O. 13495) _X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

_X__ (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).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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

_X__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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

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

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, No displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

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

793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: http://farsite.hill.af.mil/vmfara.htm DFAR: http://farsite.hill.af.mil/vmdfara.htm

(End of Provision)

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

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

FAR: http://farsite.hill.af.mil/vmfara.htm DFAR: http://farsite.hill.af.mil/vmdfara.htm

(End of Clause)