RFP-AFRCRO-FAC-23-003.pdf

*Please confirm receipt by response.*

Dear Potential Offerors:

The Bureau of the Fiscal Service, on behalf of The Armed Forces Retirement Home – Washington, D.C.

(AFRH-W), is hereby soliciting vendors on the Open Market for the subject requirement.

The Government anticipates awarding a firm-fixed-priced award resulting from this solicitation. The Clauses and PWS are attached.

Questions regarding this solicitation shall be submitted in writing by 2:00 p.m. EST, February 6, 2023 to purchasing@fiscal.treasury.gov with the subject line " RFP- AFRCRO-FAC-23-0003 Questions TF/GJ".

Proposals shall be submitted electronically to Fiscal Service to purchasing@fiscal.treasury.gov on or before 2:00 p.m. EST, February 14, 2023 with the subject line “RFP-AFRCRO-FAC-23-0003 TF/GJ”.

Please pay close attention to the Proposal Instructions under the Required Proposal Documents section.

It is the Offeror’s responsibility to ensure/confirm timely receipt. The Offeror assumes full responsibility for ensuring all electronic materials and attachments submitted are formatted in accordance with the Bureau of the Fiscal Service Security Requirements. The following file extensions are not allowable and application materials/data submitted with these extensions cannot be considered:

.bat, .cab, .cmd, .com, .cpl, .dot, .dotx, .exe, .hqx, .hta, .mim, .mp3, .mp4, .pif, .rar, .scr, .vbs, .uu, .uue, .vbs, .wsf, xxe,.wmv, html, mhtml, and .zip files

The Government does not allow 3rd party messaging systems/secure mail.

Microsoft Office non-macro enabled compatible documents and .PDF documents are acceptable. If the Offeror determines that other formats are necessary, it is the Offeror’s responsibility to verify with Fiscal Service that those formats are acceptable. Proposal materials with unacceptable or unreadable formats may be found non-responsive.

We appreciate your interest in participating in this procurement and look forward to receiving your proposal.

Thank you, Thomas A. Fulton Senior Contract Specialist US Department of the Treasury | Bureau of the Fiscal Service

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 address: https://www.acquisition.gov/far

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any _____ [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND

AUTHORITY (APR 2015)

(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

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

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

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government workday.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

https://www.acquisition.gov/far

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered during the evaluation of past performance.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 60 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of each contract period; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.

52.219-10 INCENTIVE SUBCONTRACTING PROGRAM (OCT 2014)

52.244-2 SUBCONTRACTS (JUN 2020)

52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

LAPSE FUNDING

In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website:

https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/. It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (April 2018)

(DEVIATION 00002)

(a) Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation.

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such language, provision, or clause is unenforceable against the Government.

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

(3) Any such language, provision, or clause is deemed to be stricken from the CSA.

(c) Paragraph (b) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting

Officer’s written authorization with each payment request.

(End of clause)

PAYMENT AND INVOICE QUESTIONS (IPP)

For payment and invoice questions, go to https://arc.fiscal.treasury.gov/vendors-and-contractors/ or contact Accounts Payable at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

http://www.ipp.gov/ https://arc.fiscal.treasury.gov/vendors-and-contractors/ mailto:AccountsPayable@fiscal.treasury.gov

MARKING OF SHIPMENTS AND INVOICES

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

PERFORMANCE EVALUATION

This award is subject to a performance evaluation via the Contractor Performance Assessment Reporting System (CPARS) at www.cpars.gov. Following the end of each 12-month performance period and at completion, a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit comments, if any, within the CPARS system during the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the final evaluation. Any disagreement between the parties regarding the evaluation shall be forwarded to the Contracting Officer. The final evaluation of the Contractor’s performance is the decision of the Contracting Agency. In the event of a dispute the evaluation will be reviewed at least one level above the Contracting Officer. The final performance evaluation report will be saved in the Government’s past performance database at https://www.cpars.gov/.

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

EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC

2022) (DEVIATION APR 2020)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115–91)

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3 Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(6) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77 and 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 products and commercial services:

☒ (1) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) ( 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.)

https://www.cpars.gov/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

☒ (4) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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).

☒ (8) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

☒ (9) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

☐ (10) [Reserved] ☐ (11) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (OCT

2022) ( 15 U.S.C. 657a).

☒ (12) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a)

☐ (13) [Reserved] ☐ (14)(i) 52.219-6 Notice of Total Small Business Set-Aside (NOV

2020) ( 15 U.S.C. 644).

☐ (ii) Alternate I (MAR 2020) of 52.219-6.

☐ (15)(i) 52.219-7 Notice of Partial Small Business Set-Aside (NOV

2020) ( 15 U.S.C. 644).

☐ (ii) Alternate I (MAR 2020) of 52.219-7.

☒ (16) 52.219-8 Utilization of Small Business Concerns (OCT

2022) ( 15 U.S.C. 637(d)(2) and (3)).

☒ (17)(i) 52.219-9 Small Business Subcontracting Plan (OCT

2022) ( 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 (JUN 2020) of 52.219-9.

☐ (v) Alternate IV (SEP 2021) of 52.219-9.

☐ (18)(i) 52.219-13 Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13.

☐ (19) 52.219-14 Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

☒ (20) 52.219-16 Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i))..

☐ (21) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (OCT 2022) ( 15 U.S.C. 657f).

☒ (22)(i) 52.219-28 Post Award Small Business Program Rerepresentation (OCT 2022) ( 15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 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 (OCT 2022) ( 15 U.S.C. 637(m)).

☐ (25) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

☐ (26) 52.219-33 Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

☒ (27) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

☐ (28) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (DEC

2022) (E.O. 13126).

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

☒ (29) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

☒ (30)(i) 52.222-26 Equal Opportunity (Sept 2016) (E.O. 11246).

☐ (ii) Alternate I (FEB 1999) of 52.222-26.

☒ (31)(i) 52.222-35 Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

☐ (ii) Alternate I (JUL 2014) of 52.222-35.

☒ (32)(i) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

☐ (ii) Alternate I (JUL 2014) of 52.222-36.

☒ (33) 52.222-37 Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

☒ (34) 52.222-40 Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

☒ (35)(i) 52.222-50 Combating Trafficking in Persons (NOV

2021) ( 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).

☒ (36) 52.222-54 Employment Eligibility Verification (MAY 2022) (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (37)(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 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.)

☐ (38) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

☐ (40)(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.

☐ (41)(i) 52.223-14 Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

☐ (ii) Alternate I (Jun2014) of 52.223-14.

☐ (42) 52.223-15 Energy Efficiency in Energy-

Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

☐ (43)(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.

☒ (44) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O. 13513).

☐ (45) 52.223-20 Aerosols (JUN 2016) (E.O. 13693).

☐ (46) 52.223-21 Foams (Jun2016) (E.O. 13693).

☐ (47)(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (JAN 2017) of 52.224-3.

☒ (48)(i) 52.225-1 Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

☐ (ii) Alternate I (OCT 2022) of 52.225-1.

☐ (49)(i) 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act (DEC

2022) (19 U.S.C. 3301, 19 U.S.C. 2112, 19 U.S.C. 3805, 19 U.S.C.

4001, 19 U.S.C. chapter 29 (sections 4501-4732), 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 [Reserved[ ☐ (iii) Alternate II (DEC 2022) of 52.225-3.

https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1803#FAR_22_1803 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

☐ (iv) Alternate III (JAN 2021) of 52.225-3.

☐ (v) Alternate IV (Oct 2022) of 52.225-3.

☐ (50) 52.225-5 Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

☒ (51) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 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. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

☐ (54) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

☐ (55) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021).

☐ (56) 52.232-29 Terms for Financing of Purchases of Commercial

Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

☐ (57) 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805)..

☒ (58) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

☐ (59) 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

☐ (60) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C. 3332).

☐ (61) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(NOV 2021) (DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C.

2307).

☐ (62) 52.239-1 Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

☐ (63) 52.242-5 Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

☐ (64)(i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (APR 2003) of 52.247-64.

☐ (iii) Alternate II (NOV 2021) 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 products and commercial services:

☐ (1) 52.222-41 Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

☐ (2) 52.222-42 Statement of Equivalent Rates for Federal

Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (3) 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).

☐ (4) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51 E 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).

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☐ (6) 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).

☐ (7) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

☐ (8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

☐ (9) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 179).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (NOV 2021) ( 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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (DEVIATION 2023- 00002) ( 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

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(x) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 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 (NOV 2021) ( 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 and 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 (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 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 (NOV 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS

Water Distribution System Replacement 2023

PERFORMANCE WORK STATEMENT

1. Background. The United States Congress established the Armed Forces Retirement Home (AFRH) as a separate federal agency in 1991 when it enacted the Defense Authorization Act, Public Law 101-510.

The Agency’s source of income flows from the enlisted men and women of the Armed Forces of the United States through a small payroll deduction and forfeitures. In addition to the contributions from enlisted personnel, AFRH enjoys donations from generous individuals and the interest income from a trust fund established in 1855 for the Forefather to AFRH, the United States Soldiers Home. While the total number of residents varies from month-to-month, AFRH provides a home for approximately 600 former enlisted personnel in their retirement years at both the Gulfport (AFRH-G) and Washington (AFRH-W) campuses. This Home provides retired veterans with the common daily living needs such as:

private rooms, bank, chapel, convenience store, mail room, laundry facilities, barber/beauty shop, dining facility, and a 24-hour security and staff presence. In addition to these common needs, AFRH offers social, recreational, and occupational activities for many interests. While residents live in this community, AFRH provides for their overall health care needs in a high quality manner; including on site primary care, medical care, and a continuum of long-term care services as residents transition from independent living.

Our residents found it to be an honor to serve our country. AFRH finds it to be an honor to serve them now.

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Specific Project Background: For more than 150 years since the establishment of the AFRH, its utility infrastructure including water, sewer, and storm was sporadically added as the facility expanded with new or replacement buildings. This ad hoc method used to expand the system resulted into an existing infrastructure that is 65 to 95 years old without complete or accurate drawings to address both the aging nature of the piping system and the lack of accurate information about the system, AFRH is replacing the entire system. Recently a section of the 12” water main approximately 2000’ has been replaced on the south side of campus. It is the intent of this contract to replace the west and north side section of the water piping indicated in Attachment A. This will leave the east side as the final phase for replacing AFRH entire water piping infrastructure

Note 1: There are few existing drawing, and there are no profiles on the current utility systems due to the time period for which the utilities were installed. This makes several unknown underground issues certain. To address this in the fixed price portion of this contract, the contractor is to bid as if there would be no obstructions or unknowns discovered while installing the piping as laid out in Attachment A in typical soil types for the areas in Washington, DC Districts 4 and 5.(Pipe depth for 2” or greater pipe shall be 4’. Smaller pipe sizes shall be below the local frost line.) Obstructions or unknowns discovered while installing pipe as laid out in Attachment A that requires the contractor to deviate from the pipe layout in Attachment A or the typical installation methods utilized for the typical soil types for areas in Washington, DC Districts 4 or 5 will result in a change order that will be billed against an IDIQ line of the contract. The typical unforeseen scenario process would be as follows:

1. Contractor discovers obstruction or unknown

2. Contractor stops work and notifies COR.

3. Contractor and COR discuss solution to resolve issue.

4. Contractor develops proposal to address issue that includes scope discussed and pricing built on labor rates in contract.

5. Contractor submits proposal, and either CO or COR accepts* proposal before contractor continues pipe installation in the area.

*If the proposal is not accepted due to cost or campus impact, another solution is developed by the contractor until an acceptable proposal is presented. Contractor may bill for appropriate cost related to delays by AFRH’s acceptance process.

Example of unknowns or obstructions include: underground stream, solid rock requiring blasting, contaminated soil, archelogy discoveries, underground utilities, etc.

Note 2: If the contractor takes all appropriate cautions to avoid damage to existing underground utilities such as utility locattions, AFRH shall bear the cost for unforeseeable damage to underground utilities related to pipe installation. See section 5 of the PWS.

Note 3: Any required traffic control shall be performed by AFRH. If AFRH requires assistance from the contractor, the contractor may bill as an unforeseen condition. See section 5 of the PWS.

Background Documents: The following documents, which are separate from the contract documents are available in AFRH’s Plans Room to provide additional information for this project if need be:

1. Composite Topographic/ Utility Map dated January 1994, which includes all the utilities (water, sewer, storm, electrical, etc) for the entire campus composes of AFRH Zone and Zone A for a total of 13 drawing sheets. (to view, see www.afrh.gov).

2. Basic Information Maps dated 31 May 1991, which includes individual maps of all utilities (water, sewer, storm, electrical, etc) for the entire campus composes of AFRH Zone and Zone A for a total of 15 drawing sheets (to view, see www.afrh.gov).

2. Purpose. A Contractor shall provide all management, supervision, personnel, services, materials, supplies, facilities, transportation, tools, and general and specialized equipment to install the water piping indicated on Attachment A.

3. Scope. The Contractor shall inspect, assess required work, and perform the required tasks to install, as indicated by the drawing in Attachment A, which roughly includes 2500’ of new 12” main distribution pipe, 600’ of 10” piping, 1750’ of 8”, 3,500’ of 4”, 75” of 2” and 550’ of ¾” piping. Piping 4” or greater shall be AWWA C900. All other sized piping shall be schedule 40 PVC. Connectors and valves shall be appropriate material and size for the pipe utilized or connected.

The drawings in Attachment “A” shows the general layout and does not reflect the exact location or lengths of the various items. (The Attachment A represents our most accurate drawing created by architects and engineers utilizing existing drawings and surveys in 1992.) As such, it is scalable. After the award, the contractor may choose a more convenient or acceptable path if there is no cost impact to AFRH AND it does not create issues with historic preservation approvals or campus operations.

Accordingly, the Contractor shall acquaint itself with the extent and character of the work required and its relation to the work described herein. It is the intention of this contract to have the contractor provide for a complete and workable piping systems; any miscellaneous valves, fittings, equipment, supplies, and/or other items required for proper completion of the piping system laid out in Attachment A but not specifically mentioned in this contract, shall be provided by the contractor as part of the firm fixed price proposed that is accepted by AFRH.

4. Specific Tasks. The Contractor shall provide all labor, material, equipment, and services to fulfill all requirements stated herein this PWS.

4.1 Project Requirements

1. General Conditions

The Contract Documents are complementary; what is required by one is as binding as if required by all.

It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result shall be provided whether or not specifically called for, at no additional cost to AFRH.

These General Conditions are based upon, but different from, the Engineers Joint Contract Documents Committee (EJCDC) Standard General Conditions, Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

Clarifications and interpretations of the Specifications or Work Scope shall only be issued by the AFRH Facility Manager.

a. Reference Standards

i. Standards, Specifications, Codes, Laws, and Regulations

Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of the Solicitation, except as may be otherwise specifically stated in the Contract Documents. Provided, however, that the Contractor shall comply with all subsequent amendments to applicable Laws or Regulations.

No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to AFRH, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

b. Reporting and Resolving Discrepancies

i. Reporting Discrepancies:

1. Contractor’s Review of Contract Documents Before Starting Work:

Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify all figures therein and all field measurements. Contractor shall promptly give Notice to BFS and AFRH of any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from BFS before proceeding with any Work affected thereby by timely submitting a Request for Clarification.