Section_I_L_M_C_F_and_J.pdf

SECTION I

CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(OCT 2018)

The following clauses are incorporated into FAR 52.212-4 as an addendum:

I.1.1 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 20 days;

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

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

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

(End of Clause)

I.1.2 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):

http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/

FAR CLAUSES

52.203-3 Gratuities (Apr 1984) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

DFARS CLAUSES

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7003 Agency Office of the Inspector General (Dec 2012) 252.243-7002 Request for Equitable Adjustment (Dec 2012) 252.244-7000 Subcontracts for Commercial Items and Commercial Components (DOD Contract) (Jun 2013)

(End of clause)

(End of Addendum to FAR 52.212-4)

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS (COMMERCIAL ITEMS (JAN 2019)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

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

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

___ (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).

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

___ (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 (Oct 2018) (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.

___ (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).

___ (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) of 52.219-9.

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

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

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

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

___ (23) 52.219-29, Notice of Set-Aside for, 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)).

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

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

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

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

___ (ii) Alternate I (Feb 1999) of 52.222-26.

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

___ (ii) Alternate I (July 2014) of 52.222-35.

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

___ (ii) Alternate I (July 2014) of 52.222-36.

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

___ (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 (JAN 2019) (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).

___ (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.

X (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 (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 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)).

___ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

___ (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).

___ (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.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

X (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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) (Aug 2018) (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).

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

___ (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).

(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 (Jan 2019) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

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

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

(xiv) 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.)

(xv) 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)

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

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

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

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

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

(xx) 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).

(xxi) 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.

(xxii) 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)

I.3 DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

NAVY CONSTRUCTION/FACILITIES MANAGEMENT INVOICE

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

N62473/ROPCM

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N68732 Issue By DoDAAC N62473/ROPCM Admin DoDAAC N62473/ROPCM Inspect By DoDAAC N62473/ROPCM Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC N62473/ROPCM DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

NAVFAC_SW_ROPCM_INSPECTOR@NAVY.MIL

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

N/A

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

SECTION L

INSTRUCTIONS TO QUOTERS

AND SOLICITATION PROVISIONS

Solicitation No. N62473-19-Q-0001

Custodial Services at MCAS Miramar, San Diego, CA

SECTION L – INSTRUCTIONS TO QUOTERS

L.1 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT

2018)

The following provisions are incorporated into FAR 52.212-1 as an addendum:

1. Notice to Quoters: Your quote should contain your best terms. The Contracting Officer may reject any or all quotes or issue a contract for less than the quantity on which your quote is based, at the quoted price, unless you tell us that you will not accept the contract on that basis. The Government also reserves the right to cancel this solicitation, either before or after the closing date. In the event the solicitation is cancelled, the Government has no obligation to reimburse quoters for any cost incurred.

2. Quote Due Date: Quotes are due on Friday, March 1, 2019 at 11:00 AM PST. Submit your quote directly to the Contract Specialist, Jenny Peters, via email at jennelyn.peters@navy.mil. All email attachments in response to this solicitation shall be in either Adobe or Microsoft Office format. Quoters are advised that the Government may not be able to receive other types of electronic files (e.g. compressed or zip files) or files in excess of one

(1) megabyte (MB). It is the quoter’s responsibility to ensure all required documents are included and completed as required by this solicitation.

3. Questions or Inquiries: All questions/inquiries including requests regarding this solicitation must be submitted to the Contract Specialist, Jenny Peters, via email at jennelyn.peters@navy.mil no later than 1:00 PM PST on Thursday, February 21, 2019. Please ensure to reference “N62473-19-Q-0001 – Custodial Services” within the subject line of your email. Responses will be compiled and posted on Federal Business Opportunities (FBO) website before or after February 21, 2019. Telephone inquiries will not be accepted.

4. Site Visit Information: Site visit is not mandatory, but highly encouraged. However, the Government has no obligation to reimburse any participants for any costs or travel expenses incurred. The site visit will be held on Tuesday, February 19, 2019 at 9:00 AM PST. This is the only site visit opportunity that will be provided by the Government. If interested, a request must be submitted to the Contract Specialist via email no later than 9:00 AM PST on Friday, February 15, 2019. Late request will not be accepted. The email must include the following:

(a) Email Subject: N62473-19-Q-0001 – Custodial/Site Visit Request;

(b) Company Name;

(c) SBA 8(a) Case Number; and

(d) Name of Attendees and phone number

Due to limited space available, prospective quoters are limited to no more than two (2) attendees. It is anticipated that the site visit will take approximately 2 hours or less. All questions must be submitted in writing as stated in Section 3 above. There will be no questions answered during the site visit.

5. Set-aside: This acquisition is 100% set-aside to eligible 8(a) firms. Quoter must have a valid SBA 8(a) certification to be eligible for award.

6. System for Award Management (SAM): Quoter must be registered in SAM under NAICS code 561720 – Janitorial Services to be eligible for award.

7. Evaluation Factors for Award: Award will be made on the basis of the lowest evaluated price quote meeting or exceeding the acceptability standards for the non-price factor. The following factors shall be used to evaluate quotes:

7.1 Factor 1 - Price

7.2 Factor 2 – Management Approach

8. Submittal Requirements and Basis of Evaluation for each Factor:

8.1 Cover Page: Quoters must include a cover page with the following information for the non-price factor:

(a) Title of the Evaluation Factor;

(b) Solicitation Number;

(c) Company Name, Address, Point-of-Contact, Phone and Email;

(d) DUNS Number and CAGE Code; and

(e) 8(a) Case Number and Expiration Date

8.2 Period for Acceptance of Quote: Quoter must submit a signed and dated statement using company letterhead stating the following:

Insert Company Name agrees to hold the price quote firm for 60 calendar days from insert date.

8.3 Factor 1 - Price

8.3.1 Submittal Requirements: Read the solicitation requirements carefully including all attachments in this solicitation. Quoter must submit price quote in the format provided in Section J-0200000-11 Exhibit A through E Worksheet. Please do not change the format. Quoter is advised that the excel workbook is password protected to prevent any changes with the format. However, specific cells remain unlock for quoters’ use.

To complete the price quote, enter the unit price per square foot in cell L11 through L15 in Tab Exhibit A, B, C, D, and E worksheets and cell F12 through F19 in Tab Exhibit A1, B1, C1, D1, and E1 worksheets. The remaining tabs in the workbook will automatically populate based on the unit price entered for these tabs.

8.3.2 Basis of Evaluation: The Government will evaluate price based on the lowest total price that is determined to be fair and reasonable. This total price shall consist of all Exhibit Line Item Numbers (ELINS) for recurring and non-recurring services for the base period and all four (4) one-year option periods. Evaluation of options will not obligate the Government to exercise the options.

8.4 Factor 2 – Management Approach

8.4.1 Submittal Requirements:

8.4.1.1 Quoter shall provide a plan of approach in no more than 3 pages including cover page.

This plan must be detailed in describing the ability to recruit and maintain a viable workforce. The standard acceptability is met when the quote includes a plan that:

(a) Complies with the labor laws for Nondisplacement of Qualified Workers under

Service Contracts implemented by an Executive Order 13495 of January 30, 2009;

(b) Identifies the dedicated on-site staff by job title; and

(c) Adheres to the commencement date specified in this solicitation.

8.4.2 Basis for Evaluation: The Government will evaluate quoter’s ability, understanding and commitment to accomplish the requirements in the solicitation.

8.5 Other Submittal Requirements:

8.4.1 Past Performance Submittal Requirement: Quoter shall provide three (3) references of current or prior contracts for same or similar services performing as prime contractor for federal, state, local government or private industry within the last five (5) years. All references must include the following:

(a) Organization Name;

(b) Point of Contact, phone and email address;

(c) Contract number and brief description of services provided;

(d) Contract period of performance and contract value

Quoter must have at least a satisfactory record of past performance in accordance with FAR Subpart 9.104-1. Quoter is also encouraged to provide information on problems or issues encountered on the identified contracts and the corrective action taken. The Contracting officer may also consider other relevant past performance information obtained from other sources.

8.4.2 A completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items.

(End of Provision)

(End of Addendum to FAR 52.212-1)

L.2 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):

http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/

FAR CLAUSES

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

DFARS CLAUSES

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (Mar 2018)

SECTION M

EVALUATION PROCEDURES

Solicitation No. N62473-19-Q-0001

Custodial Services at MCAS Miramar, San Diego, CA

SECTION M - EVALUATION PROCEDURES

The Government will award a contract resulting from this solicitation to the responsible quoter with the lowest price, technically acceptable quote, that represents best value to the Government. The evaluation process shall include the following:

(a) Upon preliminary consideration of all quotations, if the lowest evaluated price quote is rated "Acceptable" for the non-price factor, the quote is considered technically acceptable and represents the best value to the Government, and the evaluation process for technical acceptability stops at this point. Award will be made to the responsible quoter without further consideration of any other quotes.

If the lowest evaluated price quote is not rated "Acceptable" for the non-price factor, the next lowest priced quoter will be evaluated, and the process will continue (in order by price) until a quoter is rated "Acceptable" for the non-price factor. If all quoters are evaluated and none are rated "Acceptable", the Government reserves the right to cancel the solicitation at that point.

0100000 – General Information Spec Item

Title Description 1 General

1.1 Outline of

Services Except where otherwise stated, the Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined below and described in this Performance Work Statement (PWS) at the Marine Corps Air Station, San Diego, California.

The PWS is organized into annexes. Annex 1 is "General Information". Annex 2 contains the on-site project management and administration requirements. Annex 1503010 contains the technical requirements.

Annex 0100000 General Information Annex 0200000 Management and Administration Annex 1503010 Custodial Services

1.2 Project

Location

The work shall be performed at the following locations:

1.2.1 Marine Corps Air Station Miramar, 2258 Mitscher Way San Diego, CA 92145; and

1.2.2 Navy and Marine Corps Reserve Center, 9955 Pomerado Road, San Diego, CA 92131

1.3 Acquisition of

Additional Work

The Government reserves the right to acquire additional services at additional locations in addition to the services and locations identified in the contract using the fixed unit price for recurring and non-recurring services in the contract for the period in effect. Additional services will be incorporated into the contract in accordance with the Changes clause through the issuance of contract modification or use of GCPC. Items of work not covered by this contract but within the general intent are considered in the scope of this contract.

1.4 Background

Information

The intent of the acquisition is to obtain Custodial Services. The contract is performance based specification relying on the Contractor’s experience and expertise determining the best method of service while performing Custodial Services.

1.5 Verification of

Workload and Conditions

Throughout the PWS, the workload data is generally referred to as being located in Section J.

Section J provides data such as inventories, maps, floor plans, and tables to represent the type, quantity and location of services to be provided.

1.6 Climate

Patterns

San Diego Weather

1.7 Related

Information

N/A

1.8 Navy

Approach to Service Contracting

The Department of Navy (DoN) spends over $1 billion in annual obligations to meet global requirements for facility operations and maintenance provided through Facility Support Contracts (FSC) and additional billions to provide other base operations support services (OBOS). The Head of the Contracting Activity (HCA) of the Naval Facilities Engineering Command (NAVFAC) has focused increased attention on re-engineering FSC contracts in response to customer and industry feedback, budget constraints, and the impact of a variety of contracting, program management and financial management regulations. The Navy also supports the following principles:

1.8.1 Partnering

Philosophy

The first principle is that the Navy views its contractors as partners and not just abstract service providers. The Navy wants its contractors to succeed because partners' success drives the Navy's successful mission completion. Within the bounds of acquisition policy the Navy intends to work to find solutions that will be beneficial to both the Government and its partners.

0100000 – General Information Spec Item

Title Description

1.8.2 Contractor's

Knowledge The second principle is that the Navy will receive insightful management from its contractors. This management will include the knowledge, skills, authority and willingness to use contractor resources to find better ways of serving Navy and Marine Corps clients’ strategic and operational goals and objectives. The Navy's use of performance-based objectives evidences this principle. Although performance work statements will typically contain several levels of performance assessment, the Navy wants its contractors to exercise maximum discretion within bounds of prudent risk management to adjust processes and resources needed to reach specified objectives at the highest performance level.

1.8.3 Industry Best

Practices

The third principle is that the Navy will adopt industry best commercial practices and maintain state-of-the-art service delivery. It is the Navy's and contractor's responsibility as partners to reach this goal. To that end, the Navy's emphasis will be in evaluating performance objectives (end results).

1.9 Standard

Template

Key to implementing a programmatic approach is using a standard template that ensures Navy-wide consistency yet affords appropriate tailoring to meet local needs. The contract has been tailored and conforms to the standard template. NAVFAC intends to use this template-based approach for the contract. Contractor should develop an understanding of the template as part of performing due diligence in reaching an understanding of the Navy’s requirements and expectations.

The standard template contains 18 standard annexes. Annex 1 will always contain information that is relevant to the entire scope of the contract. Annex 2 contains on-site project management and administration requirements that are relevant to the entire scope of the contract. Annexes 3 through 18 contain the technical information and requirements peculiar to that technical annex. Within each technical annex, the organization of information and requirements are also standardized. Specification item 1 will always contain General Information. Specification item 2 will always contain the management and administrative requirements. Specification item 3 will always contain the Firm Fixed-Price (FFP) requirements. Specification item 4 will always contain the Indefinite Delivery-Indefinite Quantity (IDIQ) requirements, if applicable.

Requirements and standards for higher level specification items apply to all subordinate specification items, e.g., Specification Item 3 standards apply to all firm fixed priced specification items. Specification Item 3.1 is applicable to all 3.1 subordinate specification items. Specification Items 3.2 and 3.3 are not considered subordinate to 3.1. All costs associated with Annexes 1 and 2 and Specification items 1 and 2 must be priced and distributed within Specification Item 3 of Annexes 3 through 18.

1.10 Navy PBSA

Approach

The Navy’s approach to performance-based service acquisition (PBSA) includes four component parts which are 1) performance outcomes, 2) measurable standards, 3) consideration of incentives, and 4) performance assessment plan.

0200000 Management and Administration Spec Item Title 2 Management and Administration

2.1 Definitions and Acronyms

2.2 General Information

2.2.1 Government Regular Working Hours

2.2.1.1 Observed Federal Holidays

2.2.1.2 Restriction to Contractor Working Hours

2.2.2 Wage Determinations

2.2.3 Requirements Hierarchy

2.3 General Administrative Requirements

2.3.1 Required Conferences and Meetings

2.3.2 Training for Maintenance and Operation of New and Replacement Systems and Equipment

2.3.3 Partnering

2.3.3.1 Formal Partnering -OR- Informal Partnering

2.3.3.2 Contract Partnering Administration

2.3.3.3 Contract Partnering Session Attendees

2.3.4 Permits and Licenses

2.3.5 Insurance

2.3.5.1 Certificate of Insurance

2.3.5.2 Minimum Insurance Amounts

2.3.6 Protection of Government Property

2.3.7 Government Information Technology (IT) System

2.3.8 Instructions, Directives, and References

2.3.9 Invoicing Procedures

2.3.10 Forms

2.3.11 Cost Account Code (CAC) Reporting

2.4 Government-Furnished Property, Materials and Services

2.4.1 Government-Furnished Facilities (GFF)

2.4.2 Government-Furnished Utilities

2.4.3 Government-Furnished Materials (GFM)

2.4.4 Government-Furnished Equipment (GFE)

2.5 Contractor-Furnished Items

2.6 Management

2.6.1 Work Reception

2.6.2 Work Control

2.6.3 Work Schedule

2.6.4 Deliverables

2.6.5 Service Interruptions

2.6.6 Computerized Maintenance Management Systems (CMMS)

2.6.7 Quality Management System (QMS)

2.6.7.1 Quality Management (QM) Plan

2.6.7.2 Quality Inspection and Surveillance

2.6.7.3 Quality Inspection and Surveillance Reports

2.6.8 Property Management Plan

2.6.9 System and Equipment Replacement

2.7 Personnel Requirements

2.7.1 Key Personnel

2.7.1.1 Project Manager (PM)

2.7.1.2 Quality Manager

2.7.1.3 Site Safety and Health Officer (SSHO)

2.7.1.4 Environmental/Energy Manager

2.7.2 Employee Requirements

2.7.2.1 Employee Appearance

2.7.2.2 Employee Conduct

2.7.2.3 Identification as Contractor Employee

2.7.2.4 Removal of Employees

2.7.2.5 Proof of Legal Residency

2.8 Security Requirements

2.8.1 Employee Listing

2.8.2 Vehicles

2.8.3 Passes and Badges

2.8.4 Access to Installation

2.8.4.1 NCACS Program

2.8.4.2 One-Day Passes

2.8.5 Access to Buildings

2.8.6 Access Arrangements

2.8.7 Security Clearances

2.8.8 Trustworthiness Security – Navy Contract/Task Orders

2.9 Contractor Safety Program

2.9.1 Accident Prevention Plan (APP)

2.9.2 Activity Hazard Analysis (AHA)

2.9.3 Occupational Risk and Compliance Plans and Programs

2.9.3.1 Abrasive Blasting Plan

2.9.3.2 Access/Haul Road Plan

2.9.3.3 Alcohol and Drug Abuse Prevention Plan

2.9.3.4 Asbestos Abatement Plan

2.9.3.5 Confined Space Program

2.9.3.6 Critical Lift Plan

2.9.3.7 Demolition Survey and Plan

2.9.3.8 Emergency Response Plans

2.9.3.9 Excavation/Trenching Plan

2.9.3.10 Fall Prevention and Protection Plan

2.9.3.11 Fire Prevention Program

2.9.3.12 Floating Plant Severe Weather Precaution Plan and Marine Emergency Plan

2.9.3.13 Hazardous Energy Control Program

2.9.3.14 Health Hazard Control Program and Hazard Communication Program

2.9.3.15 Heat/Cold Stress Monitoring Plan

2.9.3.16 Lead Compliance Plan

2.9.3.17 Respiratory Protection Program

2.9.3.18 Temporary Facility Layout Plan

2.9.3.19 Underground Emergency Rescue Plan

2.9.4 Accident and Damage Reporting

2.9.4.1 Accident Reporting Notification

2.9.5 Fire Protection

2.9.6 Monthly On-Site Labor Report

2.9.7 OSHA Citations and Violations

2.9.8 Safety Inspections and Monitoring

2.9.9 Safety Certification

2.9.10 Safety Apparel on Jobsites

2.10 Environmental Management and Sustainability

2.10.1 Energy Management Program

2.10.1.1 Water Conservation Plan

2.10.1.2 Energy Efficient Products

2.10.2 Environmental Protection

2.10.2.1 ODS Requirements for Refrigerant Recycling

2.10.2.2 Non-Hazardous Waste Disposal

2.10.2.3 Hazardous Waste Disposal

2.10.2.4 Spill Prevention, Containment, and Clean-up

2.10.2.5 Hazardous Material Management

2.10.2.6 Protection of Endangered and Threatened Species (Flora and Fauna)

2.10.2.7 Noise Control

2.10.2.8 Salvage

2.10.2.9 Asbestos Containing Material (ACM)

2.10.3 Sustainable Procurement and Practices

2.10.3.1 Environmentally Preferable Products

2.10.3.2 Use of Recovered Materials

2.10.3.3 Use of Biobased Products

2.11 Disaster Preparedness

2.12 Technical Library

2.13 Warranty Management

2.14 FFP Work Procedures

2.14.1 Notification to the Government for Work Above the FFP Limitations

2.14.2 FFP Exhibit Line Item Numbers (ELINs)

2.14.3 Common Output Level Standards (COLS) Options

2.14.3.1 Option to Change COLS at Contract Award

2.14.3.2 Option to Change COLS at Exercise of an Option Period

2.15 IDIQ Work

2.15.1 Unit Priced Task (UPT) Work (Non-Negotiated)

2.15.1.1 Acceptance and Performance

2.15.1.2 Invoicing and Receiving Payment

2.15.2 Unit Priced Labor (UPL)Work (Negotiated)

2.15.2.1 IDIQ Preparation of Proposals

2.15.2.1.1 Labor Requirements

2.15.2.1.2 Material and Equipment Requirements

2.15.2.2 Issuance of Final Task Order

0200000 - Management and Administration Spec Item Title Description 2 Management and

Administration

2.1 Definitions and Acronyms Definitions and Acronyms are listed in contract.

2.2 General Information

2.2.1 Government Regular

Working Hours The Government's regular working hours are from 0700-1600, five days per week, Monday through Friday, except observed Federal holidays. Exceptions to the regular hours of operation are detailed in subsequent sections of this PWS. Work in certain annexes or sub-annexes require Contractor continuous operations, 24 hours a day, every day of the year including holidays. The performance of other work requirements shall be accomplished within the Government’s regular working hours unless the specific work requirement specified herein necessitates otherwise. Any other work outside Government regular working hours requires prior KO approval.

2.2.1.1 Observed Federal Holidays The Government observes the following holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.

2.2.1.2 Restriction to Contractor

Working Hours

If the Contractor wishes to work outside of the Government's regular working hours for the Contractor’s convenience, the Contractor shall submit a written Request to Work Outside Government’s Regular Working Hours to the KO for approval at least seven calendar days prior to requested day. Excludes work to be performed during specified hours.

2.2.2 Wage Determinations Wage determinations are included in the contract.

2.2.3 Requirements Hierarchy Requirements or definitions specified in each spec item of this contract apply to subordinate paragraphs. For example, requirements shown in spec item 3.1 would apply to spec items 3.1.1, 3.1.2, 3.1.2.1 and so on.

2.3 General Administrative

Requirements

2.3.1 Required Conferences and

Meetings

The Contractor may be required to attend administrative and coordination meetings. The Contractor shall attend meetings as shown in contract.

2.3.2 Training for Maintenance

and Operation of New and Replacement Systems and Equipment

N/A

2.3.3 Partnering To increase the likelihood of successful performance of this contract, the Government requires cohesive partnerships with its Contractors and subcontractors. Key stakeholders, including the supported commands who will receive services, principal individuals from NAVFAC, the performance assessment team, and representative(s) of the installation(s) will be invited to participate in the partnering process.

Key members of the prime and subcontractors teams, including senior management personnel must participate. The partnership will draw on the strength of each organization in an effort to achieve quality contract services done right the first time, within the contract price, as scheduled, and without any safety mishaps.

Partnering should accomplish three goals:

- The first goal is to develop a cohesive team with common purpose, commitment and established communication processes.

Cont. 2.3.3 - The second goal of partnering is contract specific, identifying risks and opportunities for the team to address.

- The third goal is to sustain the Partnership throughout the contract by identifying and addressing issues that affect the Partnership.

A project’s characteristics determine whether the formal or informal partnering process level is to be used.

A project’s characteristics determine whether the formal or informal partnering process level is to be used.

2.3.3.1 Formal Partnering

2.3.3.1 Informal Partnering:

Informal Partnering is recommended if annual contract dollar value is less than $10M, low to average risk and visibility, services provided to single or multiple supported commands, services one or more Activities performing one or more function, low to above average management and coordination issues.

The Contracting Officer shall organize the initial Partnering Meeting with key personnel of the project team, including Contractor's personnel and Government personnel. The initial session will be scheduled concurrent with the Pre-Performance Conference and held no later than 30 days after award and will be held at a Government provided facility as designated by the KO.

The Initial Informal Partnering Session will be conducted and facilitated using electronic media (a video and accompanying forms) provided by Contracting Officer. The senior Government stakeholder present will lead the meeting, however, the Contractor’s PM or senior representative is encouraged to participate as co-lead.

The Partners will determine the frequency of the follow-on sessions.

2.3.3.2 Contract Partnering

Administration

Upon award, the KO/CS will contact the Contractor, supported command(s), Region, and Installation(s) stakeholders, and the performance assessment team to discuss implementation of partnering.

The initial session must be scheduled as soon as possible after award of the contract. A partnership agreement should be in place as early as possible so issues arising, even before work begins, can be resolved using the issues resolution process. Replacement of Core Management Team members (stakeholders who attended the initial session and manage the contract work day-to-day) is discouraged since it will disrupt the synergy that has been developed. If replacement of a team member proves to be unavoidable, a follow- on partnering session must be held to officially turn the responsibilities of the position over to the new member.

2.3.3.3 Formal Contract Partnering

Session Attendees

2.3.3.3 Informal Contract

Partnering Session Attendees.

The Contractor shall bring the necessary personnel to successfully partner on this contract. Asterisk indicates mandatory personnel.

President/Vice President

* Project Manager

* Quality Manager Site Safety and Health Officer

2.3.4 Permits and Licenses The contractor shall obtain all required permits, licenses and authorizations to perform work under this contract and comply with all the applicable Federal, state and local laws and regulations.

Provide evidence of such Permits and Licenses to the KO before work commences and at other times as requested by the KO. Contractor shall submit copies of permits and licenses per Section F.

2.3.5 Insurance The Contractor shall submit a Certificate of Insurance per Section F as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below in accordance with the FAR Clause 52.228-05, INSURANCE – WORK ON A GOVERNMENT INSTALLATION. This insurance must be maintained during the performance of the contract.

2.3.5.1 Certificate of Insurance The Certificate of Insurance shall provide for at least 30 calendar days written notice to the KO by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned insurance clause.

2.3.5.2 Minimum Insurance

Amounts

The Contractor shall procure and maintain, during the entire period of…