Solicitation - FA521524R00BN.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA561319QA025

Solicitation/Contract Form

FA521524R00BN

Section SF 1449 - CONTINUATION SHEET

SEC B - SUPPLIES OR SERVICES

BPA Master Dollar Limit: $5,00,000.00 BPA Call Limit: $250,000.00

Period of Performance: 01 August 2024 to 31 July 2029

FSC Codes:

S205

TERMS AND CONDITIONS

1. DESCRIPTION OF AGREEMENT.

The contractor shall provide commercial requirements listed: portable latrines, with hand washing stations, portable showers, portable buildings, and generators (32kW & 60kW) in Guam, CNMI, Palau, and surrounding areas in accordance with the attached Statement of Work (SOW) and agreed upon price list during the period of 01 August 2024 through 31 July 2029.

2. EXTENT OF OBLIGATION.

The U.S. Government is obligated only to the extent of authorized Calls actually made under this BPA.

3. PURCHASE LIMITATION.

No individual Call under this BPA shall exceed $250,000.00. Pricing shall be in accordance with the approved Micronesia CR - Life Support Area Blanket Purchase Agreement (BPA) Price List established upon award of a BPA and approved by a warranted Contracting Officer.

4. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THIS BPA.

A warranted Contracting Officer from all Department of Defense Agencies within PACAF/INDOPACOM are authorized to place Calls against this Blanket Purchase Agreement (BPA).

5. DELIVERY TICKETS.

All work under this Agreement shall be accompanied by delivery tickets or sales slips that shall contain the following information:

(i) Name of Supplier.

(ii) BPA Number.

(iii) Date of Purchase (Call).

(iv) Purchase (Call) Number.

(v) Itemized List of Services Furnished.

(vi) Quantity, Unit Price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

6. INVOICES.

A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all services rendered during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets. Submit invoices in accordance with DFARS 252.232- 7006 or as otherwise specified in each Call.

7. PAYMENT.

The Government Purchase Card Electronic Funds Transfer or Wide Area Work Flow (WAWF) may be used as the method of payment for each authorized Call. It’s paramount that each contractor specify if they can accept GPC as a form of payment. The payment office listed in block 15 of this agreement may change depending on the payment method and funding for each Call. Each Call will specify form of payment and payment terms and conditions.

8. PRICE LIST.

Upon award of a BPA the Price List submitted/approved during the solicitation process shall be valid for the entirety of the BPA period of performance. Price Lists shall be furnished to the Contracting Office as requested by the Contracting Officer. Price List must include all items or services requested to be covered under the BPA. Beginning and expiration dates of the Price List must be included. If at any time during the period of performance there is a price change, or a new item added, a new Price List must be submitted. Upon approval from the Contracting Officer, the new submitted Price List shall replace the existing approved Price List and be valid for the remainder of the BPA period of performance. Allow up to fourteen (14) calendar days grace period between submission of the new Price List to allow for sufficient time to review and obtain approval.

9. EVALUATION AND AWARD OF CALLS/ORDERS UNDER MULTIPLE AWARD BLANKET

PURCHASE AGREEMENTS.

***(Section 9 Applies To After establishment Of BPA Only; See Addendum to FAR Clause 52.212-1 Instructions to Offerors, FAR 52.212-2 Evaluation, and Addendum to 52.212-2 Basis for Contract Award for information pertaining to this solicitation for proposal package preparation and how proposals will be evaluated for award of a Micronesia Commercial Requirements LSA BPA)***

(a) Only those contractors awarded a Blanket Purchase Agreement (BPA) for performing Micronesia Commercial Requirements – Life Support Area (LSA) for Guam, CNMI, and Palau will compete for subsequent Calls/Orders to be placed under those BPAs. These contractors are encouraged to submit proposals for each Call/Order request for proposal. Contractors shall notify the Contracting Officer within two business days after request of Call/Order proposal requests, if the contractor will not submit a proposal on a Call/Order. Failure by the contractor to participate responsibly and consistently in submission of proposals may result in the U.S. Government canceling the BPA with that contractor and exclusion of the contractor from further competition.

(b) A minimum of two proposals on Call/Order proposal requests will satisfy competition requirements and preclude the necessity of soliciting for a replacement contractor if for any reason one of the BPAs is cancelled or one of the contractors is excluded from participation in the process.

(c) Unless the Contracting Officer applies the exceptions below, subsequent calls/orders will be placed (as a result of competition) with the contractor who offers the best value to the U.S. Government in considering the criteria specified in the Call/Order Proposal Request. Call/Order proposal requests to be evaluated and awarded based on the lowest priced offeror may be placed by any warranted DoD Contracting Officer stated in paragraph 4. Call/Order proposal requests to be evaluated and awarded based on any other factors in addition to price, may only be issued and awarded by the Contracting Officer.

(1) The agency need for the supplies and services are so urgent that providing fair opportunity would result in unacceptable delays;

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services being ordered are unique or highly specialized;

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a Call/Order already issued under the BPA, provided that all awardees were given a fair opportunity to be considered for the original Call/Order.

(e) This clause does not guarantee the contractor issuance of any Call/Order above the micro-purchase threshold.

(End of Clause)

10. CALL/ORDER ISSUANCE PROCEDURES.

(a) Services under this Blanket Purchase Agreement (BPA) will be ordered by Calls/Orders issued on a Call/Order Form (BPA Call) to the contractor by a warranted Contracting Officer from the DoD.

(b) Each Call/Order as a result of this BPA will be assigned an individual Call/Order number.

(c) The U.S. Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Calls/Orders. The U.S. Government may request proposals with no assurance that a Call/Order will be issued.

(d) Calls/Orders will clearly identify the period of performance, define the specific work to be performed or the performance desired. Each Call/Order may contain additional, service specific, provisions. Any such additional provisions shall be a part of the specific performance of work description.

(e) Calls/Orders may be modified by the Contracting Officer. Modifications to Calls/Orders will be issued on the Call/Order Form (BPA Call) and cite the Call/Order Number.

(f) The contractor will have two (2) business days to take acceptance of any Call/Order issued to the contractor. If the contractor fails to take acceptance of the call/order, then the Government reserves the right to offer the Call/Order to the next eligible contractor for acceptance. This process will continue until an offeror has taken acceptance of the Call/Order.

11. CALL/ORDER PERFORMANCE SCHEDULE/Delivery Schedule.

The period of performance or delivery schedule for services to be provided shall be identified in each Call/Order.

12. SUBCONTRACTING RESPONSIBILITIES.

The contractor shall be responsible for the management and performance of all subcontractors. The contractor shall ensure Call/Orders are completed within the stated requirements.

13. BPA PERFORMANCE PERIOD.

The performance period for subject BPA will be from 01 August 2024 through 31 July 2029.

14. CANCELLATION.

The U.S. Government reserves the right to cancel this Blanket Purchase Agreement (BPA) at any time and is bound only to the extent that the Contractor must be given 30 days written notification prior to exercising this right.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BPA Micronesia CR – Life Support Area

FFP

See Attachment 1 for Micronesia Commercial Requirements Blanket Purchase Agreement (BPA) Price List

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items NOV 2023 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-1 Payments APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7002 Compliance with Local Labor Laws (Overseas). JUN 1997

252.225-7012 Preference for Certain Domestic Commodities. APR 2022

252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection for Defense Contractors

Outside the United States.

JUN 2015

252.225-7048 Export-Controlled Items. JUN 2013

252.229-7001 Invoices Exclusive of Taxes or Duties APR 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas). JUN 1997

252.232-7009 Mandatory Payment by Government-wide Commercial Purchase Card.

MAY 2018

252.232-7010 Levies on Contract Payments. DEC 2006

252.233-7001 Choice of Law (Overseas). JUN 1997

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

JAN 2023

252.239-7007 Cancellation Or Termination Of Orders SEP 2019

252.243-7001 Pricing of Contract Modifications. DEC 1991 252.243-7002 Requests for Equitable Adjustment. DEC 2022 252.244-7000 Subcontracts for Commercial Items NOV 2023 252.247-7023 Transportation of Supplies by Sea. JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (SEP 2023)

Addendum to FAR Clause 52.212-1: INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (SEP 2023)

PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

Proposals shall include the following five (5) items and all documentation shall be in English.

1) Blanket Purchase Agreement Price List (Attachment 1). Offerors shall complete all required fields.

2) Technical Package. Technical Package shall be a complete package that includes all documentation required for all two (2) subfactors as outlined within Addendum to FAR Clause 52.212-1 – Section H. Specific Instructions 2.

Part II – Technical.

3) System for Award Management Registration. Offeror is required to have an active/current registration in the System for Award Management (SAM) to be eligible for award in accordance with FAR 52.204-7(b). Registration in SAM can be accomplished through https://www.sam.gov.

4) Signed Amendments. In addition, proposals must include signed copies of any amendments issued against the solicitation.

5) Signed Offer. Authorized Offeror/Contractor will sign/date Standard Form 1449, blocks 30a, 30b, and 30c.

Proposal Submissions: Proposals are due no later than Wednesday, 26 June 2024, by 1600 local time – Hawaiian Standard Time (HST). Quotes shall be emailed to MSgt Benjamin Nieto at benjamin.nieto@us.af.mil.

It is the Contractor’s responsibility to ensure quotes are received prior to due date and time.

Point of Contact: MSgt Benjamin Nieto at benjamin.nieto@us.af.mil, 808-789-6136.

B. Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

C. Offerors are encouraged to submit all questions and requests for clarifications no later than Wednesday, 19 June 2024, 1600 local time – Hawaiian Standard Time (HST). The decision whether to respond to questions and requests for clarification made after 19 June 2024 shall be at the sole discretion of the Contracting Officer.

D. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of the solicitation.

The response shall consist of two (2) separate parts; Part I – Blanket Purchase Agreement Price List and Part II – Technical.

E. Offer Acceptance Period: Offeror/contractor agrees to hold the offer prices proposed for this solicitation as “firm” through 1 Aug 2024.

G. Notice to Offeror(s)/Supplier(s): This is a solicitation for a Blanket Purchase Agreement therefore there are no funds available nor upon award of a BPA will funding be included on the base BPA nor a guarantee of any Calls/Orders being placed against the awarded BPA. Calls/Orders placed against the BPA will be funded for associated services as applicable. It is the Government’s intent to award a Blanket Purchase Agreement for Micronesia Commercial Requirements LSA to a minimum of three (3) offerors and no more than five (5) offerors.

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.

H. Specific Instructions:

1. PART I – BLANKET PURCHASE AGREEMENT PRICE LIST – Submit one (1) copy.

(a) Complete the attached Blanket Purchase Agreement Price List. Pricing shall be stated in U.S. dollars. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation with attachments.

2. PART II – TECHNICAL – Submit one (1) copy. The Technical Volume should be specific and complete.

Legibility, clarity, and coherence are very important. Your responses will be evaluated against the Technical subfactors defined in the Evaluation Factors for Award. Using the instructions provided below, provide a detailed proposal of your intended approach to meet the requirements of this acquisition and the associated Statement of Work (SOW). Do not merely re-state the objectives specified in the solicitation, but instead, provide your best approach to meet the U.S. Government’s needs.

(a) Subfactor 1 – Capability Statement: Offerors shall provide documentation that demonstrates their capability to provide the full requirement in accordance with the Price List and SOW. The offerors should demonstrate the availability and lead time of providing Life Support Area requirements.

mailto:benjamin.nieto@us.af.mil

(b) Subfactor 2 – Availability & Lead Time: The offeror should demonstrate the availability and lead time of providing the full requirement for the Life Support Area to each location in accordance with the Price List and SOW. They need to clearly demonstrate that they can provide the items in the price list in a reasonable amount of time to each location.

3. General Information:

(a) Information Regarding Submission of Proposal: All proposals shall be emailed to MSgt Benjamin Nieto @ benjamin.nieto@us.af.mil.

(b) The U.S. Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation.

(c) In compliance with FAR Subpart 4.8, the U.S. Government will retain one copy of all unsuccessful proposals and will destroy all extra copies. No destruction certificate will be provided.

(d) Federal Holidays: The following Federal Legal Holidays are observed:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Juneteenth Day 19 June Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

This list is not all inclusive and may also include local holidays for each location.

(End of provision)

52.212-2 COMMERCIAL ITEMS (NOV 2021)

(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:

PRICE

TECHNICAL

Award will be made to no more than five (5) of the lowest priced technically acceptable offerors.

(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 will result in a binding contract once the supplier accepts the offer.

(End of provision)

Addendum to FAR Clause 52.212-2: BASIS FOR CONTRACT AWARD

This is a Lowest Price Technically Acceptable (LPTA) source selection. The U.S. Government will select the proposal with the lowest evaluated price from among those meeting the acceptability standards for non-price factors.

Contract will be awarded to a minimum of three (3) offerors and/or up to a maximum of five (5) offerors deemed responsible; offeror who’s proposal conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by this solicitation); and offeror who has the lowest price technically acceptable proposal. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors, and Addendum to FAR 52.212-1 the offeror accedes to the terms of this RFQ and all such proposals shall be treated equally except for their prices and technical documentation. Offerors must clearly identify any exception to the RFQ terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

A. PRICE.

Initially, the total proposed price for each offeror will be calculated. The total proposed price will be calculated as follows:

1. Each offeror’s stated rates identified on the Blanket Purchase Agreement Price List will be used to calculate the total proposed price. (i.e. Price List Item Latrine Rental monthly rate of $4,000 will be multiplied by 60 to come to extended total of $240,000 for that item and then all subsequent items for items 7 through 13 be added to together to come to the total proposed price.) The total price is based on a 5-year coverage. The same total price can be identified by taking the yearly grand total multiplied by 5.

Once total proposed price has been calculated for all offers received the proposals will be ranked according to the total proposed price from lowest to highest. For the purpose of efficiency, offers will be logically grouped into increments, from lowest to highest according to total price and the price analysis will begin with the lowest priced group of offers. Once price analysis is completed then the technical evaluation of the lowest priced group of offers will be evaluated.

B. TECHNICAL.

The U.S. Government’s technical evaluation team shall evaluate the technical proposals on an Acceptable or Unacceptable basis, assigning one of the ratings described below for each subfactor. Any subfactor evaluated as “Unacceptable” will render the entire proposal unacceptable and, therefore, the offeror will be ineligible for award.

Only those proposals determined to be technically acceptable will be considered for award.

TABLE 1 – TECHNICAL RATINGS

Rating Description

ACCEPTABLE

Proposal clearly meets the minimum requirements of the solicitation.

UNACCEPTABLE

Proposal does not clearly meet the minimum requirements of the solicitation.

C. Evaluations will begin with the lowest priced group of offers. At the conclusion of the evaluations for this group, if the overall lowest priced offeror is judged to have an “Acceptable” technical rating, that offer represents the best value for the Government. The evaluation process will stop with that initial group of offers should a minimum of three (3) offerors and/or a maximum of five (5) offerors are judged to have an “Acceptable” technical rating. Award shall be made to a minimum of the three (3) lowest priced technically acceptable offerors without further consideration of any other proposals. It is at the Contracting Officer’s discretion should award be made up to five (5) of the lowest priced technically acceptable offerors.

D. In the event that the Government does not make an award and no offerors or there is not a minimum of three (3) offerors within that group that receive an “Acceptable” technical rating, then the next logical grouping of offerors will be evaluated. The process will continue (in order of price ranking) until a minimum of three (3) offerors are evaluated as having “Acceptable” technical ratings and are determined responsible, or all offers have been evaluated.

E. Offerors are cautioned to submit sufficient information and in the format specified in the RFP preparation instructions. Offerors may be asked to clarify certain aspects of their proposal. Communication 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 proposal revision.

F. The Government intends to award to a maximum of five (5) offerors without discussions with other respective offerors. The Government reserves the right to award without discussions. Based on the ratings of each proposal against all evaluation criteria, the Contracting Officer shall establish a competitive range comprised of all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency pursuant to FAR 15.306(c)(2). After discussions, each offeror still within the competitive range will be afforded an opportunity to submit a Final Proposal Revision that will be used for evaluation, eligibility determination, and source selection decision.

(End of Provision)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 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 items: (Contracting Officer check as appropriate.)

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

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

X (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

3332).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) X (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

X (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

(xvii) 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)

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

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

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

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

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

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

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

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

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

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil

252.229-7001 TAX RELIEF (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

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

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

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

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

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

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

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

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

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

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

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

2 IN 1 INVOICE or Government Purchase Card

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

N/A

(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 FA5215 Admin DoDAAC FA5215 Inspect By DoDAAC N/A Ship To Code N/A Service Approver (DoDAAC) N/A

NOTE: It is the requesting unit's Resource Advisor responsibility to ensure that their DoDAAC is listed in the DLA database: https://www.transactionservices.dla.mil/daasinq/dodaac.asp. The activation of customer DoDAACs in the WAWF database can be requested by contacting the Ogden Helpdesk directly at 001-801-605-7095; 001-866-618- 5988 or via email @ disa.ogden.esd.mbx.cscassig@mail.mil.

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

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

Benjamin.nieto@us.af.mil

(g) WAWF point of contact.

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

(2) For technical WAWF help, contact the WAWF helpdesk at 001-866-618-5988.

(3) For PAYMENT ISSUES contact dfas.limestone-me.jaq.mbx.dfas-li-customer-inquiries@MAIL.MIL, or contact the DFAS Technician as shown on the Invoice/RR.

(3) PARTIAL PAYMENT AUTHORIZED

However, partial payment should not be used if the Unit of Issue is “LOT”.

Submit your invoice via WAWF not later than 1 week upon completion of each repair/service/delivery.

The final invoice submitted under this contract must be clearly marked as the final invoice.

mailto:Benjamin.nieto@us.af.mil mailto:dfas.limestone-me.jaq.mbx.dfas-li-customer-inquiries@MAIL.MIL

5352.201-9101 Ombudsman. OMBUDSMAN (JUN 2016)

As prescribed in 5301.9103, insert the following clause:

OMBUDSMAN (JUL 2023)

(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,

(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.

5352.242-9000 Contractor access to Air Force installations.

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (Jul 2023)

As prescribed in DAFFARS 5342.490-1, insert a clause substantially the same as the following clause in solicitations and contracts:

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUL 2023)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Department of the Air Force installation(s) cited in the contract.

Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [ insert any additional requirements to comply with local security procedures ] to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5301.htm#p53019103 http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101 , Integrated Defense, and DODMAN5200.02_AFMAN 16-1405 , Air Force Personnel Security Program ] citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

ATTACHMENTS

1) Price List

2) Statement of Work (SOW) Dated 3 May 20

Joint Base Pearl Harbor-Hickam, HI 96860 Bldg 560 Benjamin Nieto