RFQ - 21 FSS Aerobic Spinning Instructor - FA251723Q0051.pdf

FA2517-23-Q-0051 Page

DEPARTMENT OF THE AIR FORCE

UNITED STATES SPACE FORCE

SPACE BASE DELTA 1

11 May 2023

21st Contracting Squadron/PKB 135 Dover Street Suite 2225, Peterson SFB, CO 80914

SOLICITATION NUMBER: FA2517-23-Q-0051

SUBJECT: REQUEST FOR QUOTE (RFQ) FOR 21 FSS GROUP EXERCISE INSTRUCTORS

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The Government reserves the right to cancel the solicitation, either before or after the closing date. In the event the Government cancels the solicitation, the Government has no obligation to reimburse an offeror for any costs. A resulting award will be done so on a Lowest Price Technically Acceptable basis.

All communications with the requiring activity concerning this solicitation shall cease until the award is announced.

During this period, interaction is only allowed with the Contracting Officer.

Questions related to this solicitation shall be sent via email to tiana.glenn@spaceforce.mil no later than 25 May 2023 at 10:00 A.M. Mountain Time. Questions will not be accepted after this time frame.

Quote Submission: Quotes are due NLT 08 June 2023, 11:00 A.M. Mountain Time: All quotes must be submitted to the Contracting Officer and Contract Specialist, please see email addresses in the table below.

Points of Contact Information:

Contracting Officer Contracting Specialist Dominic Impallaria A1C Tiana Glenn

(719) 556 - 6110 (719) 556 - 2195 dominic.impallaria@spaceforce.mil tiana.glenn@spaceforce.mil

1. This is a combined synopsis/solicitation for commercial services prepared in accordance with (IAW) the format in 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 solicitation will not be issued.

2. The 21st Contracting Squadron, Peterson Space Force Base (SFB), intends to award a Firm Fixed Price Purchase Order for Group Exercise Instructors to conduct classes at the Fitness Center on Peterson SFB, CO IAW Attachment 1 – PWS – 1 July 2023.

3. The solicitation document, and incorporated provisions and clauses, are those in effect through Federal Acquisition

Circular 2023-02 dated 16 March 2023, Defense Federal Acquisition Regulation Supplement dated 22 March 2023, and the Air Force Acquisition Regulation Supplement dated 1 March 2023.

4. A single award will be made as a result of the evaluation of quotes received. This effort is being solicited 100% small business set-aside under NAICS 611620 – Sports and Recreation Instruction. The size standard is $9.0M.

mailto:tiana.glenn@spaceforce.mil mailto:dominic.impallaria@spaceforce.mil mailto:tiana.glenn@spaceforce.mil

5. See Attachment 3 – Pricing Worksheet for a detailed breakdown of the Contract Line Item Number (CLIN) structure.

6. A detailed description of the Group Exercise Services required for 21 FSS on Peterson SFB can be found in the

Performance Work Statement (PWS) (Attachment 1). Table 1 below lists all of the PWS appendices. It is highly recommended that quoters refer to the information found within each Appendix when preparing their quotes. These appendices outline accepted accreditation and certifications, description of classes, applicable publications and forms, and government furnished equipment.

Table 1 – Appendices

Appendix A Accepted Accreditation and Certification Appendix B Description of Classes Appendix C Applicable Publications and Forms Appendix D Government Furnished Equipment

7. Performance shall take place at the Peterson SFB Fitness & Sports Center. Table 2 details the anticipated Periods of

Performance (PoP) for group exercise services, to include a base period, four (4) option periods and one six-month extension period.

Table 2 – Periods of Performance (PoP) Base Period 1 Jul 23 – 30 Jun 24

Option Year 1 1 Jul 24 – 30 Jun 25 Option Year 2 1 Jul 25 – 30 Jun 26 Option Year 3 1 Jul 26 – 30 Jun 27 Option Year 4 1 Jul 27 – 30 Jun 28

6 Month Extension 1 Jul 28 – 31 Dec 28

Quotes shall include any and all applicable fees. Please pay special attention to the instructions to offerors.

1. The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items (Mar 2023), applies to this acquisition and the addendum to FAR 52.212-1 is as follows:

a. Please provide a Firm Fixed-Price Quote including RFQ number, name, address, point of-contact information, CAGE code, and small business category.

b. The quoter shall specify the associated CLIN for each item included in the quote. Quoters shall complete the attached Pricing Worksheet (Attachment 3). Each deliverable must be priced within the pricing worksheet to calculate the total not to exceed (NTE) price for each period. A resulting award will be created with the CLIN structure displayed in Attachment 3 – Pricing Worksheet. Quoters shall round calculations to the nearest dollar.

c. Please provide a 90-calendar day acceptance period for your quote.

d. Terms and content of your quote: Quotes should be based on the terms of this RFQ. The Government may reject any quote that is not based on these terms. Quotes must contain information relevant to all of the information contain within this solicitation and its attachments. It is the quoter’s responsibility to complete their representations and certifications at SAM.gov. Without an active SAM.gov registration under the solicited NAICS code for this RFQ, evaluation for award cannot take place.

e. Responsibility Determination: Information obtained from sources, included but not limited to the System for Award Management (SAM) and Past Performance Information Retrieval System (PPIRS) may be used as part of the responsibility determination made IAW FAR 9.104-1.

f. At a minimum, offerors’ quotes shall provide an approach (i.e. method, manning, instructor certifications and experience, etc.) to meeting the minimum stated requirements in the Performance Work Statement (Attachment 1 – PWS - 1 July 2023).

2. A single award will be issued as a result of the evaluation of the quotes received. The Government will make an award based on the lowest price technically acceptable. In order to be technically acceptable, the quote must meet all of the requirements identified in Attachment 1 – Performance Work Statement or provide better alternatives.

3. FAR 52.212-2, Evaluation – Commercial Services (Nov 2021)

a. The Government will award a firm fixed-priced contract, on a competitive basis, resulting from this solicitation to the responsible offeror whose quote conforms to the solicitation and will be the most advantageous to the Government, price and other factors considered. The Government will award to the lowest priced offeror that is determined to be technically acceptable. The following factors shall be used to evaluate offers:

b. The Government will review all quotes for compliance with the RFQ, to include compliance with all instructions, provisions and clauses, and submission dates.

c. The compliant quotes will then be evaluated using a Lowest Price Technically Acceptable (LPTA) approach in accordance with the following factors:

• Factor 1: Price:

- Technical Acceptability. To be rated “Acceptable”, the quote shall demonstrate an approach (i.e. Method, manning, etc.) to meeting the minimum stated requirements in the Performance Work Statement (Attachment 1). The quote shall address relevant experience, qualifications and certifications to successfully fulfill ALL PWS requirements. This factor must be rated acceptable to be considered for award. Quotes that receive an unacceptable rating for technical acceptability will not be considered for award.

- Quotes that do not meet all stated requirements of the solicitation may be considered non-responsive and may not be considered for award.

• Factor 2: Technical Acceptability:

- The quoted price for the base period, option periods and six-month extension period will be to determine if the Total Evaluated Price (TEP) is reasonable in accordance with FAR 13.106-3. Pricing for technically unacceptable quotes will not be evaluated. Offerors shall complete the Pricing Worksheet (Attachment 3).

4. AWARD PROCESS:

- The Government will first review all quotes for compliance and then order the Offerors from Lowest TEP to Highest TEP. The lowest priced quote will then be evaluated for Factor 2, Technical Acceptability on acceptable/unacceptable basis. If the lowest priced quote is deemed technically acceptable the evaluation will stop and award will be made. If the lowest priced quote is deemed technically unacceptable no further consideration will be given to that offeror and the next lowest priced quote will then be evaluated, the Government will continue the evaluation process until reaching a technically acceptable quote. Quotes that are technically unacceptable are un-awardable. The Government reserves the right to award without conversations. Prior to award, the quoted price of the lowest priced technically acceptable offer will be evaluated for fairness and reasonableness in accordance with FAR 13.106.

5. Conversations: The government intends to award a firm fixed-price purchase order without conversations with respective vendors. The Government, however, reserves the right to conduct conversations if deemed in its best interest. The Government may conduct conversations with one, some, none or all Vendors at its discretion.

6. If the price is determined to be fair and reasonable, the lowest priced responsible Offeror, who is technically acceptable, will receive the award. The award will be made to that Offeror without further consideration to any other Offerors.

7. Offerors should include a completed copy of the provision at FAR 52.212-3, Offeror Representations and

Certifications -- Commercial Items (DEC 2022).

8. Only a warranted Contracting Officer (CO) can obligate Government funds through a fully executed contract action. It is strongly suggested that no Offeror/Contractor incur any costs associated with the RFQ until a fully executed contract is signed by the CO and distributed to the awardee.

- Note: The vendor acknowledges that should the quote terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting vendor terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.

9. The following additional provisions and clauses apply to this acquisition:

The following provisions incorporated by reference apply:

FAR Provisions:

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-- Representation 2017-01 FAR 52.204-7 System for Award Management 2018-10 FAR 52.204-16 Commercial and Government Entity Code Reporting 2020-08 FAR 52.204-17 Ownership or Control of Offeror 2020-08 FAR 52.204-20 Predecessor of Offeror 2020-08 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 2021-11 FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation 2020-10 FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 2016-02 FAR 52.212-3 Offeror Representations and Certifications--Commercial Items 2022-12 FAR 52.222-22 Previous Contracts and Compliance Reports. 1999-02 FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certifications. 2020-06 FAR 52.237-1 Site Visit. 1984-04 FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04

DFARS Provisions:

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials 2022-09 DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 2016-10 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1624_229919

The following provisions incorporated by full text apply:

FAR 52.252-1 Solicitation Provisions Incorporated by Reference 1998-02

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

https://www.acquisition.gov/browse/index/far (End f provision)

The following clauses incorporated by reference apply:

FAR Clauses:

FAR 52.204-1 Approval of Contract 1989-12 FAR 52.204-13 System for Award Management Maintenance 2018-10 FAR 52.204-18 Commercial and Government Entity Code Maintenance 2020-08 FAR 52.204-19 Incorporation by Reference of Representation and Certifications 2014-12 FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance or Equipment 2021-11 FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services 2022-12 FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services. 2023-03 FAR 52.219-6 Notice of Total Small Business Set-Aside 2020-11 FAR 52. 219-28 Post-Award Small Business Program Representation 2023-03 FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies 2022-12 FAR 52.222-21 Prohibition of Segregated Facilities 2015-04 FAR 52.222-26 Equal Opportunity 2016-09 FAR 52.222-36 Equal Opportunity for Workers with Disabilities 2020-06 FAR 52.222-50 Combating Trafficking in Persons 2014-05 FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons 2016-06 FAR 52.223-15 Energy Efficiency in Energy-Consuming Products 2020-05 FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 2020-06 FAR 52.225-1 Buy American-Supplies 2022-10 FAR 52.225-13 Restrictions on Certain Foreign Purchases 2021-02 FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management 2018-10 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 2023-03 FAR 52.233-3 Protest after Award 1996-08 FAR 52.239-1 Privacy or Security Safeguards 1996-08

DFARS Clauses:

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 2022-12 DFARS 252.204-7003 Control of Government Personnel Work Product 1992-04 DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors. 2023-01 DFARS 252.204-7006 Billing Instructions 2005-10 DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 2023-01 DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services Representation (P) 2021-05 DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 2023-01 DFARS 252.211-7003 Item Unique Identification and Valuation 2023-01 DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Supplier 2019-09 http://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/far

DFARS 252.223-7008 Prohibition of Hexavalent Chromium 2023-01 DFARS 252.225-7012 Preference for Certain Domestic Commodities 2022-04 DFARS 252.225-7048 Export-Controlled Items 2013-06 DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime 2023-01 DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 2018-12 DFARS 252.232-7006 Wide Area Work Flow Payment Instructions (full text provided at award) 2023-Jan DFARS 252.232-7010 Levies on Contract Payments 2006-12 DFARS 252.239-7018 Supply Chain Risk. 2022-12 DFARS 252.243-7001 Pricing of Contract Modifications. 1991-12 DFARS 252.244-7000 Subcontracts for Commercial Items 2023-01

The following clauses incorporated by full text apply:

FAR 52.204-1 Approval of Contract 1989-12

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of clause)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. 2023-03

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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:

[Contracting Officer check as appropriate.]

__ (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)).

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

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

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

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (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] _x_ (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 (Mat 2023)( 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)).

_x_ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_x_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

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

_x_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_x_ (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.

_x_ (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).

_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (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.)

_x_ (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 (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 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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

_x_ (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).

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

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

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (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:

[Contracting Officer check as appropriate.]

_x_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

_x_ (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, 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).

__ (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).

_x_ (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. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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) ( 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).

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C.

3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 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.

(End of clause)

FAR 52.252-2 Clauses Incorporated by Reference 1998-02

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

(End of Clause)

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01

(a) Definitions. As used in this clause—

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

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

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

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

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

http://www.acquisition.gov/browse/index/far

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

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

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

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

_Invoice and Receiving Report Combo___________________________________________________________

(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.

_N/A___________________________________________________________

(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 financing, submit a commercial financing request.

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA2517

Admin DoDAAC** FA2517

Inspect By DoDAAC TBD

Ship To Code TBD

Ship From Code

Mark For Code

Service Approver (DoDAAC) TBD

Service Acceptor (DoDAAC) TBD

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) Payment request. The Contractor shall ensure a payment request includes documentation 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) Receiving report. The Contractor shall ensure a receiving report meets the requirements of 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.

_ WAWF Help Desk ________________________________________________________________

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

AFFARS 5352.201-9101 Ombudsman 2019-10

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, AFICC/OL-SPC Director or Deputy Director of Contracting, 250 Peterson Blvd, Ste 315, Peterson SFB, CO 80914, (P) 719-304-4143 or 719-314- 6917, Workflow e-mail: afica.ks.wf@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

(End of clause)

The following AFFARS clauses apply:

AFFARS 5352.201-9101 Ombudsman 2019-10, AFICC/OL-SPC Director or Deputy of Contracting, 250 S Peterson AFB, CO 80914, 719-554-5300 fax 719-554-5299, afica.ks.wf@us.af.mil AFFARS 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) 2019-10 AFFARS 5352.223-9001 Health and Safety on Government Installations 2019-10 AFFARS 5352.242-9000 Contractor Access to Air Force Installations 2019-10

Attachments:

1. PWS – 1 July 2023

2. Wage Determination

3. Pricing Worksheet mailto:afica.ks.wf@us.af.mil