PSS Combined Synopsis Solicitation 16 Mar 2021.pdf

Portable Sanitation Services Request for Quote # FA700021Q0022

This combined synopsis/solicitation is for a commercial service prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This Request for Quote (RFQ) is issued as solicitation number FA700021Q0022 in accordance with FAR Parts 12 & 13.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2021-05, published 10 March 2021. Portable Sanitation Services and Rentals North American Industry Classification System (NAICS) code is 562991, renting and/or servicing portable toilets, and the small business size standard is $8 million. This acquisition is a 100% small business set-aside. All responsible small businesses may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA).

This solicitation is being issued in accordance with (IAW) FAR Parts 12 and 13 as an RFQ. IAW FAR 13.004, in all instances throughout this solicitation any use of the word “proposal” should be understood as “quote”. All instances of the word “offeror” should be understood as “quoter”. All instances of the word “award” should be understood as “order”. Quotes supplied in response to this solicitation are not binding. The contract will be awarded IAW FAR 52.212‐2, found herein. Please read and comply with all requirements for submitting a quote under the solicitation instructions and the addenda to FAR 52.212-1. Failure to comply with all instructions contained within this synopsis/solicitation could result in the quote being ineligible for award. It is the quoters’s responsibility to ensure their quote meets all the requirements identified herein. The Government reserves the right to not award this contract to any offeror.

I. DESCRIPTION OF SERVICE

USAFA has a requirement for Portable Sanitation Services in accordance with the Performance Work Statement (PWS dated 18 Feb 2021) (attachment #1). The awarded firm fixed-price contract will consist of a five year ordering period.

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018) is incorporated by reference

Addendum to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2018):

Quotes must comply with all instructions contained IAW FAR 52.212-1 and the addenda to FAR 52.212-1, Instructions to Offerors--Commercial Items (herein). The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number, items, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, tax identification number, size of business, and a statement that the quote is valid for a minimum of 60 days. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote.

1. General Instructions. Quoters are required to meet all solicitation requirements, including terms and conditions, and representations and certifications. Failure to meet a requirement may result in a quote being ineligible for award. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Quotes and contract documentation shall be provided NLT 12:00 pm Mountain Daylight Time (MDT), 16 April 2021 at 10 CONS/PKA. Please submit quotes to both individuals listed below by e-mail to the attention of Michael Davidson, Contract Specialist, michael.davidson.11@us.af.mil and Brittney Rosenbaum, Contracting Officer at, brittney.rosenbaum@us.af.mil. Due to COVID 19 limitations, email is the preferred method of communication. Submit no more than 20 pages in response to this request. After 20 pages, the Contracting Officer will not evaluate information. One page is considered to be one side of an 8 ½ x 11 piece of paper in a minimum of 10 font, single spaced. It is the quoter’s responsibility to complete their reps and certs at SAM.gov for the quote to be evaluated for award.

All questions must be submitted no later than 12:00 pm Mountain Daylight Time (MDT), 31 March 2021 to both individuals listed below by email to the attention of Michael Davidson, Contract Specialist at michael.davidson.11@us.af.mil and Brittney Rosenbaum, Contracting Officer at brittney.rosenbaum@us.af.mil.

Late submissions: Quoters are responsible for submitting quotations so as to reach the Government office designated by the time specified in the solicitation. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and may not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

The contractor’s quote/response shall consist of three (3) separate parts:

Part I - Price Quote Part II - Technical Documentation Part III - Past Performance Information

2. Format and Specific Instructions.

A. PART I – PRICE QUOTE

The quoter shall submit on company letterhead a quote identifying the monthly price for each line item, the extended price, and the overall total price. The quote must be submitted for a five year ordering period. Complete the CLIN Schedule below.

Price Quote: The table below is for informational purposes only. Offerors shall provide the pricing in Attachments 2 and 3.

CLIN Description Qty Unit Total Estimated Price

0001 Portable Sanitation Services 1 Lot $________EST

Portable Sanitation Services for known Government toilets located on the United States Air Force Academy – Price Schedule Attachment 3 - 1 June 2021 through 31 May 2026 / Portable Sanitation Services at Farish Recreation Area - Price Schedule Attachment 3 - 1 June 2021 through 31 May 2026 / IDIQ Rentals - Price List Attachment 2 – 1 June 2021 through 31 May 2026 / Football Games IDIQ Rentals - Price List Attachment 2 - 1 June 2021 through 31 May 2026 / Transition Period - 1 May 2021 through 31 May 2021

0002 Special Events 1 Lot $________EST IDIQ Rentals for Events Other Than Football Games - Price List Attachment 2 - 1 June 2021 through 31 May 2026 – Invoices will only be accepted and paid for services ordered.

Total Quoted Price $______________

The quoter shall fill in and submit the price list (Attachment 2) and price schedule (Attachment 3). These documents will be incorporated into the contract and unit prices quoted will be contractually binding.

B. PART II – TECHNICAL DOCUMENTATION

Quoter shall submit technical information on Attachment 4, Technical Information. Fill in the form in its entirety. A point of contact must be provided, so the Government can verify the information provided. A separate form must be completed for each point of contact. All technical information provided shall have been performed within 5 years of the closing date of this RFQ. Limit to 3 total pages of Attachment 4. These 3 total pages count towards the 20 page maximum.

The quoter shall submit documentation to support the following information:

a) Performed Portable Sanitation Services for events (i.e. concerts, air shows, sporting events, fairs, exhibitions, etc.).

b) Performed Portable Sanitation Services on a daily, weekly, monthly, or other reoccurring basis.

c) Have previously provided emergency/short notice rental units and/or services at the request of a customer.

C. PART III – PAST PERFORMANCE INFORMATION

Past performance information will also be gathered using the CAGE code submitted with the quote. The Contract Performance Assessment Reporting System (CPARS) will be searched to evaluate past performance and information will also be pulled from the System for Award Management (SAM) on SAM.gov, and FAPIIS.gov, IAW FAR 9.104-6.

FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) This tailored clause takes precedence over the clause incorporated by reference.

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

Part I - Price Part II - Technical Documentation Part III - Past Performance

Award will be made based on the competitive quote with the lowest total evaluated price (TEP) that meets the technical experience and past performance evaluation criteria on an acceptable/unacceptable basis. If any technical experience or past performance items are determined to be unacceptable that quote will not be evaluated further and will not be eligible for award.

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

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

Addendum to FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014).

1. Evaluation:

By submission of its quote, the offeror agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to adhere to all solicitation requirements may result in an offer being determined unacceptable and ineligible for further evaluation. The evaluation process follows:

Step I – Price Quote Evaluation

Initially, the Government will place all quotes that meet the requirements of the solicitation in order by price, beginning with the lowest total evaluated price (TEP). The TEP will be calculated by obtaining the price for each Ordering Period, in both Attachments 2 and 3, provided in Addendum to FAR 52.212-1, and calculate as follows:

Price Elements Tab Total Ordering Period A (totals from attachments 2 plus 3) Ordering Period B (totals from attachments 2 plus 3) Ordering Period C (totals from attachments 2 plus 3) Ordering Period D (totals from attachments 2 plus 3) Ordering Period E (totals from attachments 2 plus 3) 6 – Month Extension of Services See Note Below Total Evaluated Price

NOTE: Six Month Extension of Services – The Government will evaluate the price of the six month extension by adding the extended price for Ordering Period E and multiplying that by 50%.

This six month extension calculation will only be used during the evaluation of quotes. The actual value for the 6 month extension will be determined IAW FAR 52.217-8, Option to Extend Services, if and when the six month extension is exercised during contract performance.

The Government will then evaluate the lowest total evaluated priced offer to determine if it is reasonable, complete, and balanced. The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

Quoters whose total evaluated price is unreasonable (in accordance with FAR 15.404 and FAR 31.201-3) and/or unbalanced (IAW FAR 15.404-1) may not be considered for award.

Step II – Technical Documentation Evaluation

Next, the lowest total evaluated priced offeror will be evaluated on an Acceptable/Unacceptable basis for the Technical Requirement. In order for the lowest total evaluated priced offeror to receive a rating of “Acceptable”, they shall demonstrate prior experience for a, b, and c. If the lowest total evaluated priced offeror does not demonstrate prior experience for a, b, and c, it will receive an “Unacceptable” rating and evaluation of that quote will stop.

In order for the Government to evaluate if the quoter demonstrated prior experience for a., b. and c., the Technical Information (Attachment 4) form must be verified with the customer by the evaluation team, via phone or email. At a minimum, the Government will use the quoter’s provided point of contact, phone or email to verify the project was performed by the named contractor and to verify that the minimum technical requirements stipulated in Addendum to FAR 52.212-1, Part II were included in the service in order to determine if the technical requirements have been met. If the point of contact cannot be reached through reasonable attempt, that Technical Information form will not be considered for further evaluation.

The quoter must demonstrate prior experience (a.-c.) for the following:

a) Performed successful Portable Sanitation Services for events (i.e. concerts, air shows, sporting events, fairs, exhibitions, etc.).

b) Performed successful Portable Sanitation Services on a daily, weekly, monthly, or other reoccurring basis.

c) Have previously provided successful emergency/short notice rental units and/or services at the request of a customer.

The technical factors will receive one of the following ratings listed below.

Rating Description

Acceptable

Quote meets the requirements of the solicitation.

Unacceptable

Quote does not meet the requirements of the solicitation.

Step III – Past Performance Evaluation

Next, the Government will evaluate the lowest total evaluated priced technically acceptable offeror for past performance with information gathered via the CAGE code submitted. The Contract Performance Assessment Reporting System (CPARS) may be searched to evaluate past performance, and information may be pulled from the System for Award Management (SAM), IAW FAR 9.104-6. In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available on CPARS.gov, or SAM.gov or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable".

In order for the Government to have a reasonable expectation that the offeror will successfully perform the required effort, the offeror must not be debarred, suspended or otherwise determined to be ineligible to receive an award (ie. the offeror does not have derogatory information in www.sam.gov or www.fapiis.gov; nor has a CPARS rating below satisfactory for any contracts).

If the offeror is debarred, suspended, or otherwise determined to be ineligible to receive an award (ie. the offeror does have derogatory information in www.sam.gov or www.fapiis.gov; or has a CPARS rating below satisfactory for any contract), then the Government would not have a reasonable expectation that the offeror will successfully perform the required effort.

In conducting the Past Performance evaluation, the Government reserves the right to use information obtained from other sources available to the Government, to include, but not limited to Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases;

the Defense Contract Audit Agency (DCAA); the Defense Contract Management Agency (DCMA); and interviews with Program Managers, Contracting Officers, and contacts included in the quoter’s provided documentation.

Table A-2. Past Performance Evaluation Ratings

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.

To be acceptable an offeror may not have a CPARS rating below satisfactory.

2. Basis of Award:

If the lowest total evaluated priced, technically acceptable offeror receives an “Acceptable” past performance rating, , that represents the most advantageous offer to the Government, evaluation of that quote is complete, award will be made to that offeror, and the evaluation process will stop. If the lowest total evaluated priced, technically acceptable offeror receives and “Unacceptable” past performance rating, evaluation of that quote will stop. In that instance, the next lowest total evaluated priced offeror will be evaluated using the methodology above and the process will continue (in order by price) until a technically acceptable offeror is evaluated to have an acceptable past performance rating, or until all offerors are evaluated.

Clarifications conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for a quote revision. The Government intends to award a contract without discussions (while keeping with FAR Part 12 and 13). The Government, however, reserves the right to conduct discussions if deemed in its best interest.

In the case that a discrepancy exists between the addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items and the addendum to FAR 52.212-2, Evaluation – Commercial Items, the evaluation criteria in the addendum to FAR 52.212-2, Evaluation – Commercial Items will take precedence.

Attachment 1 – PWS 18 February 2021 Attachment 2 – Price List

Attachment 3 – Price Schedule Attachment 4 – Technical Information Attachment 5 – Wage Determination 2015-5417 Rev 21 December 2020

DOCUMENT NUMBER SOLICITATION NUMBER

FA700020Q0067 (Not Set)

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

SECTION

252.201-7000 Contracting Officer's Representative 1991-12 SEC G

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD

Officials. As prescribed in 203.171-4(b), insert the following provision:

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC I

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2019-12 SEC I

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

2016-05 SEC I

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05 SEC I

252.211-7007 Reporting of Government-Furnished Property. 2012-08 SEC I 252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC K

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2018-01 SEC L

252.219-7011 Notification to Delay Performance. 1998-06 SEC I

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 SEC I

252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04 SEC I

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.232-7017 Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration.

2020-04 SEC I

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2013-06 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property.

2012-04 SEC E

252.245-7002 Reporting Loss of Government Property. 2017-12 SEC I 252.245-7003 Contractor Property Management System Administration. 2012-04 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements- Representation.

2017-01 SEC I

52.203-6 ALT I Restrictions on Subcontractor Sales to the Government. - (Alternate I)

1995-10 SEC I

52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I 52.204-7 System for Award Management. 2018-10 SEC K 52.219-33 Nonmanufacturer Rule. 2020-03 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2013-12 SEC I

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04 SEC I

52.245-1 Government Property. 2017-01 SEC I 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 SEC I 52.212-1 Instructions to Offerors-Commercial Items. 2020-03 SEC L

CLAUSES IN FULL TEXT

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

CLAUSE TEXT

52.204-22 Alternative Line Item Proposal. 2017-01

As prescribed in , insert the following provision:4.1008

Alternative Line Item Proposal (Jan 2017)

The Government recognizes that the line items established in this solicitation may not conform to(a) the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

The Offeror may submit one or more additional proposals with alternative line items, provided(b) that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

252.208-7000 Intent to Furnish Precious Metals as Government-Furnished

Material 1991-12

As prescribed in 208.7305(a), use the following clause:

INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT-FURNISHED MATERIAL (DEC

1991)

(a) The Government intends to furnish precious metals required in the manufacture of items to be delivered under the contract if the Contracting Officer determines it to be in the Government's best interest. The use of Government-furnished silver is mandatory when the quantity required is one hundred troy ounces or more. The precious metal(s) will be furnished pursuant to the Government Furnished Property clause of the contract.

52.212-2 Evaluation - Commercial Items. 2014-10 SEC L

(b) The Offeror shall cite the type (silver, gold, platinum, palladium, iridium, rhodium, and ruthenium) and quantity in whole troy ounces of precious metals required in the performance of this contract (including precious metals required for any first article or production sample), and shall specify the national stock number (NSN) and nomenclature, if known, of the deliverable item requiring precious metals.

Precious Metal*

Quantity

Deliverable Item

(NSN and Nomenclature)

*If platinum or palladium, specify whether sponge or granules are required.

(c) Offerors shall submit two prices for each deliverable item which contains precious metals--one based on the Government furnishing precious metals, and one based on the Contractor furnishing precious metals. Award will be made on the basis which is in the best interest of the Government.

(d) The Contractor agrees to insert this clause, including this paragraph (d), in solicitations for subcontracts and purchase orders issued in performance of this contract, unless the Contractor knows that the item being purchased contains no precious metals.

(End of clause)

252.215-7008 Only One Offer. 2019-07

As prescribed at 215.408(3), use the following provision:

ONLY ONE OFFER (JUL 2019)

(a) . After initial submission of offers, if the Contracting Officer Cost or pricing data requirements notifies the Offeror that only one offer was received, the Offeror agrees to-

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) . If the Offeror is the Canadian Commercial Corporation, Canadian Commercial Corporation certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at

FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S.

Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3

].(a)(1) with the notification

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) . Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall Subcontracts insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of provision)

252.216-7006 Ordering. 2019-09

As prescribed in 216.506(a), use the following clause:

ORDERING (SEP 2019)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from through

.[insert dates]

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

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

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

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

(End of clause)

252.217-7027 Contract Definitization. 2012-12

As prescribed in 217.7406(b), use the following clause:

CONTRACT DEFINITIZATION (DEC 2012)

(a) A is contemplated. The Contractor agrees to begin promptly (insert specific type of contract action) negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the undefinitized contract action, (2) all clauses required by law on the date of execution of the definitive contract action, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a proposal and certified cost or pricing data (insert type of proposal; e.g., fixed-price or cost-and-fee) supporting its proposal.

(b) The schedule for definitizing this contract action is as follows (insert target date for definitization of the contract action and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of the make-or-buy and subcontracting plans and certified cost or pricing

:data)

(c) If agreement on a definitive contract action to supersede this undefinitized contract action is not reached by the target date in paragraph (b) of this clause, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by?

(i) All clauses required by the FAR on the date of execution of this undefinitized contract action for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (c)(1) of this clause, all clauses, terms, and conditions included in this undefinitized contract action shall continue in effect, except those that by their nature apply only to an undefinitized contract action.

(d) The definitive contract resulting from this undefinitized contract action will include a negotiated in no event to exceed(insert "cost/price ceiling" or "firm-fixed price") (insert the not-to-exceed amount).

(End of clause)

252.219-7009 Section 8(a) Direct Award. 2018-10

As prescribed in 219.811-3(1), use the following clause:

SECTION 8(a) DIRECT AWARD (OCT 2018)

(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the Department of Defense. Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program.

The cognizant SBA district office is:

[To be completed by the Contracting Officer at the time of award]

(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.

(c) The 8(a) Contractor agrees that it will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13 CFR 124.515), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern.

Consistent with section 407 of Public Law 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

"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.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor Electronic invoicing.

payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation

Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.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) The Contractor should follow the training instructions of the WAWF Web- WAWF training.

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) Document submissions may be via web entry, WAWF methods of document submission.

Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information when WAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following Document type.

document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table Document routing.

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 __________

Issue By DoDAAC __________

Admin DoDAAC __________

Inspect By DoDAAC __________

Ship To Code __________

Ship From Code __________

Mark For Code __________

Service Approver (DoDAAC) __________

Service Acceptor (DoDAAC) __________

Accept at Other DoDAAC __________

LPO DoDAAC __________

DCAA Auditor DoDAAC __________

Other DoDAAC(s) __________

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a) (13).)

(4) The Contractor shall ensure a payment request includes documentation Payment request.

appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of Receiving report.

DFARS Appendix F.

(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.

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

252.245-7004 Reporting, Reutilization, and Disposal. 2017-12

As prescribed in 245.107(5), use the following clause:

REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)

(a) As used in this clause-Definitions.

(1) "Demilitarization" means the act of eliminating the functional capabilities and inherent military design features from DoD personal property. Methods and degree range from removal and destruction of critical features to total destruction by cutting, tearing, crushing, mangling, shredding, melting, burning, etc.

(2) "Export-controlled items" means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations [(ITAR)] (22 CFR parts 120-130). The term includes-

(i) "Defense items," defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, etc.; and

(ii) "Items," defined in the EAR as "commodities," "software," and "technology," terms that are also defined in the EAR, 15 CFR 772.1.

(3) "Ineligible transferees" means individuals, entities, or countries-

(i) Excluded from Federal programs by the General Services Administration as identified in the System for Award Management Exclusions located at https://www.acquisition.gov;

(ii) Delinquent on obligations to the U.S. Government under surplus sales contracts;

(iii) Designated by the Department of Defense as ineligible, debarred, or suspended from defense contracts; or

(iv) Subject to denial, debarment, or other sanctions under export control laws and related laws and regulations, and orders administered by the Department of State, the Department of Commerce, the Department of Homeland Security, or the Department of the Treasury.

(4) "Scrap" means property that has no value except for its basic material content. For purposes of demilitarization, scrap is defined as recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item's original identity, utility, form, fit, and function have been destroyed. Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable components and parts are not "scrap."

(5) "Serviceable or usable property" means property with potential for reutilization or sale "as is" or with minor repairs or alterations.

(b) Unless disposition instructions are otherwise included in this Inventory disposal schedules.

contract, the Contractor shall complete SF 1428, Inventory Schedule B, within the Plant Clearance Automated Reutilization Screening System (PCARSS). Information on PCARSS can be obtained from the plant clearance officer and at http://www.dcma.mil/WBT/PCARSS/.

(1) The SF 1428 shall contain the following:

(i) If known, the applicable Federal Supply Code (FSC) for all items, except items in scrap condition.

(ii) If known, the manufacturer name for all aircraft components under Federal Supply Group (FSG) 16 or 17 and FSCs 2620, 2810, 2915, 2925, 2935, 2945, 2995, 4920, 5821, 5826, 5841, 6340, and 6615.

(iii) The manufacturer name, make, model number, model year, and serial number for all aircraft under FSCs 1510 and 1520.

(iv) See Appendix 2 of DLM 4000.25-2, Military Appropriate Federal Condition Codes.

Standard Transaction Reporting and Accounting Procedures (MILSTRAP) manual, edition in effect as of the date of this contract. Information on Federal Condition Codes can be obtained at http://www.dla.mil /HQ/InformationOperations/DLMS/elibrary/manuals/MILSTRAP/.

(2) If the schedules are acceptable, the plant clearance officer shall complete and send the Contractor a DD Form 1637, Notice of Acceptance of Inventory.

(c) Unless otherwise provided in the contract, the proceeds Proceeds from sales of surplus property.

of any sale, purchase, or retention shall be-

(1) Forwarded to the Contracting Officer;

(2) Credited to the Government as part of the settlement agreement;

(3) Credited to the price or cost of the contract; or

(4) Applied as otherwise directed by the Contracting Officer.

(d) If demilitarization, mutilation, or destruction of Demilitarization, mutilation, and destruction.

contractor inventory is required, the Contractor shall demilitarize, mutilate, or destroy contractor inventory, in accordance with the terms and conditions of the contract and consistent with Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. The plant clearance officer may authorize the purchaser to demilitarize, mutilate, or destroy as a condition of sale provided the property is not inherently dangerous to public health and safety.

(e) The Contractor shall dispose of classified contractor inventory Classified Contractor inventory.

in accordance with applicable security guides and regulations or as directed by the Contracting Officer.

(f) Contractor inventory dangerous to public health or Inherently dangerous Contractor inventory.

safety shall not be disposed of unless rendered innocuous or until adequate safeguards are provided.

(g) Consistent with contract terms and Contractor inventory located in foreign countries.

conditions, property disposition shall be in accordance with foreign and U.S. laws and regulations, including laws and regulations involving export controls, host nation requirements, Final Governing Standards, and Government-to-Government agreements. The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.

(h) Disposal of scrap.

(1) Contractor with scrap procedures.

(i) The Contractor shall include within its property management procedure, a process for the accountability and management of Government-owned scrap. The process shall, at a minimum, provide for the effective and efficient disposition of scrap, including sales to scrap dealers, so as to minimize costs, maximize sales proceeds, and, contain the necessary internal controls for mitigating the improper release of non-scrap property.

(ii) The Contractor may commingle Government and contractor-owned scrap and provide routine disposal of scrap, with plant clearance officer concurrence, when determined to be effective and efficient.

(2) The plant clearance officer may require the Contractor to secure from Scrap warranty.

scrap buyers a DD Form 1639, Scrap Warranty.

(i) Sale of surplus Contractor inventory.

(1) The Contractor shall conduct sales of contractor inventory (both useable property and scrap) in accordance with the requirements of this contract and plant clearance officer direction.

(2) Any sales contracts or other documents transferring title shall include the following statement:

``The Purchaser certifies that the property covered by this contract will be used in (name of country).

In the event of resale or export by the Purchaser of any of the property, the Purchaser agrees to obtain the appropriate U.S. and foreign export or re-export license approval.

(j) Restrictions on purchase or retention of Contractor inventory.

(1) The Contractor may not knowingly sell the inventory to any person or that person's agent, employee, or household member if that person-

(i) Is a civilian employee of the DoD or the U.S. Coast Guard;

(ii) Is a member of the armed forces of the United States, including the U.S. Coast Guard; or

(iii) Has any functional or supervisory responsibilities for or within the DoD's property disposal/disposition or plant clearance programs or for the disposal of contractor inventory.

(2) The Contractor may conduct Internet-based sales, to include use of a third party.

(3) If the Contractor wishes to bid on the sale, the Contractor or its employees shall submit bids to the plant clearance officer prior to soliciting bids from other prospective bidders.

(4) The Contractor shall solicit a sufficient number of bidders to obtain adequate competition.

Informal bid procedures shall be used, unless the plant clearance officer directs otherwise. The Contractor shall include in its invitation for bids, the sales terms and conditions provided by the plant clearance officer.

(5) The Contractor shall solicit bids at least 15 calendar days before bid opening to allow adequate opportunity to inspect the property and prepare bids.

(6) For large sales, the Contractor may use summary lists of items offered as bid sheets with detailed descriptions attached.

(7) In addition to mailing or delivering notice of the proposed sale to prospective bidders, the Contractor may (when the results are expected to justify the additional expense) display a notice of the proposed sale in appropriate public places, e.g., publish a sales notice on the Internet in appropriate trade journals or magazines and local newspapers.

(8) The plant clearance officer or representative will witness the bid opening. The Contractor shall submit, either electronically or manually, two copies of the bid abstract.

(9) The following terms and conditions shall be included in sales contracts involving the demilitarization, mutilation, or destruction of property:

(i) . Demilitarization, mutilation, or destruction on Contractor or subcontractor premises Item(s) require demilitarization, mutilation, or destruction by the Purchaser. Insert item number(s) and specific demilitarization, mutilation, or destruction requirements for item(s) shown in Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. Demilitarization shall be witnessed and verified by a Government representative using DRMS Form 145 or equivalent.

(ii) .Demilitarization, mutilation, or destruction off Contractor or subcontractor premises

(A) Item(s) require demilitarization, mutilation, or destruction by the Purchaser. Insert item number(s) and specific demilitarization, mutilation, or destruction requirements for item(s) shown in Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. Demilitarization shall be witnessed and verified by a Government representative using DRMS Form 145 or equivalent.

(B) Property requiring demilitarization shall not be removed, and title shall not pass to the Purchaser, until demilitarization has been accomplished and verified by a Government representative.

Demilitarization will be accomplished as specified in the sales contract. Demilitarization shall be witnessed and verified by a Government representative using DRMS Form 145 or equivalent.

(C) The Purchaser agrees to assume all costs incident to the demilitarization and to restore the working area to its present condition after removing the demilitarized property.

(iii) If the Purchaser fails to demilitarize, mutilate, or destroy the Failure to demilitarize.

property as specified in the contract, the Contractor may, upon giving 10 days written notice from date of mailing to the Purchaser-

(A) Repossess, demilitarize, and return the property to the Purchaser, in which case the Purchaser hereby agrees to pay to the Contractor, prior to the return of the property, all costs incurred by the Contractor in repossessing, demilitarizing, and returning the property;

(B) Repossess, demilitarize, and resell the property, and charge the defaulting Purchaser with all costs incurred by the Contractor. The Contractor shall deduct these costs from the purchase price and refund the balance of the purchase price, if any, to the Purchaser. In the event the costs exceed the purchase price, the defaulting Purchaser hereby agrees to pay these costs to the Contractor; or

(C) Repossess and resell the property under similar terms and conditions. In the event this option is exercised, the Contractor shall charge the defaulting Purchaser with all costs incurred by the Contractor.