Solicitation - RFQ FA301624Q0140.pdf

RFQ FA301624Q0140

Variable Frequency Drive (VFD) Removal and Installation Joint Base San Antonio (JBSA) Fort Sam Houston (FSH), Building 3820

(The quote shall be effective 60 days after submission)

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is FA301624Q0140 and is issued as a Request for Quote (RFQ). This solicitation incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2024-05, DFARS change notice 07/29/2024 and DAFFARS 2024-0612.

This purchase is being solicited as 100% Small Business set-aside. The NAICS code is 238210 – Electrical Contractors and Other Wiring Installation Contractors; size standard is $19M dollars. The PSC is N059 – Installation of Equipment – Electrical and Electronic Equipment Components. Only quotes submitted by small business concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not a current small business will not be considered for award.

This requirement is for the removal of the existing VFD and the transportation and installation of a government-furnished VFD at Building 3820 on JBSA-Fort Sam Houston, TX.

Response Due Date: Please respond to this RFQ by emailing your response to: Contracting Specialist Katie Mahoney via email: katie.mahoney.3@us.af.mil and Contracting Officer Emily Rodriguez via email: emily.rodriguez.8@us.af.mil no later than Tuesday 3 September 2024 at 10:00 AM CDT, in order to be considered timely.

Site Visit: A site visit is scheduled for Tuesday, 27 August 2024 at 10:00 AM CDT. The meeting place will be the JBSA Fort Sam Houston Walters Street Visitor Center located at 892 Hood St., JBSA Fort Sam Houston, TX 78234. Recommend arriving at least 30 minutes earlier to sign in and retrieve your pass at the Visitor Center. The Government WILL NOT provide transportation to travel between the sites. Interested parties are required to have a valid Driver’s License, vehicle registration and insurance readily available while on JBSA Fort Sam Houston.

Interested parties shall send a request to attend the Site Visit to:

• Katie Mahoney – katie.mahoney.3@us.af.mil

• Emily Rodriguez – emily.rodriguez.8@us.af.mil

Requests to attend the Site Visit shall be received NO LATER THAN Monday, 19 August 2024 at 9:00 AM CDT, and sent to both email addresses detailed above. The request should include the following information:

1. Name(s) of the individual who will be in attendance

2. Date of Birth and Country of Birth

3. State or Federal issued Identification (ID) Number, Country of Issue, State of Issue (Driver’s

License, State Identification, or U.S. Passport ID Number)

4. Vehicle Information (License plate state and number)

It is the interested party’s responsibility to ensure their request has been received. This information will be used to obtain base access passes and safeguarded IAW procedures outlined in the Privacy Act of 1974 and DoD 5400.11R.

mailto:katie.mahoney.3@us.af.mil mailto:emily.rodriguez.8@us.af.mil mailto:katie.mahoney.3@us.af.mil mailto:emily.rodriguez.8@us.af.mil

Questions Due Date: All questions must be submitted in writing through email no later than Wednesday, 28 August 2024 at 10:00 AM CDT. Responses to questions will be posted by the Government on the SAM.gov contracting opportunities website as received. Questions submitted after this date/time will not be considered.

Performance Addresses

• VFD Storage Location: 2193 Procurement Street, Building 4197, JBSA FSH, TX 78234

• VFD Installation Location: 2850 Garden Avenue, Building 3820, JBSA FSH, TX 78219

Please provide the information below:

All quotes must be FOB Destination

Payment Terms: NET 30

Period of Performance Timeframe: ___________________________

Company Name: _____________________________ UEI#: __________________________

Cage Code: __________________________________

POC: _______________________________________ Telephone: ______________________

E-Mail Address: ______________________________ Tax ID#: ________________________

Warranty Information: ________________________________________________________________

The Government utilizes Wide Area Workflow (WAWF) for electronic invoicing, receipt and acceptance. Does your company have capacity to invoice electronically through WAWF?

(Yes/No): ______________

1. Basis for Award. 502d CONS/JBKAA will award a purchase order resulting from this RFQ to the responsible offeror whose quote conforming to the RFQ will be most advantageous to the Government.

2. FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services, is incorporated by reference. The following addenda applies to the provision:

(b) Submission of Offers. The paragraph is tailored as follows:

(1) By submitting a quote, the Contractor concurs that quote is for all services noted within this

RFQ and in accordance with (IAW) the Statement of Work (SOW). Furthermore, by submitting a quote, the Contractor concurs the capability to implement all services IAW the SOW and shall provide the appropriate licensed/certified individuals to fully implement the required services (refer to 52.212-2).

(c) Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.”

(d) Product Samples. Paragraph deleted in its entirety.

(e) Multiple Offers. Paragraph deleted in its entirety.

(f) Late submissions, modifications, revisions, and withdrawals of offers. The paragraph is tailored as follows:

(1) Contractor shall comply with time and date specified in this solicitation.

(g) Contract award. Paragraph deleted in its entirety.

(h) Multiple Awards. Paragraph deleted in its entirety.

(i) Availability of requirements documents cited in the solicitation. Paragraph deleted in its entirety.

(j) Unique entity identifier. Paragraph deleted in its entirety.

(k) Paragraph deleted in its entirety.

(l) Debriefing. Paragraph deleted in its entirety.

3. FAR 52.212-2 Evaluation - Commercial Products and Commercial Services. The following addenda applies to the provision:

(a) 502d CONS/JBKAA will issue a purchase order to the responsible quoter whose quote will be the most advantageous to the Government. For this procurement, the Best Value determination will be made based on the Lowest Priced, Technically Acceptable (LPTA) process. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that are contained in this RFQ.

(b) The following process will be followed: The Government will rank all quotes based on an initial assessment of offeror’s total evaluated price (TEP). If three (3) or fewer quotes are received, the Government will evaluate all quotes for technical acceptability. If more than three (3) quotes are received, the Government will evaluate the three (3) lowest ranked quotes for technical acceptability. However, the Government reserves the right to evaluate additional quotes for technical acceptability if deemed to be in the Government’s best interest. If additional quotes are evaluated for technical acceptability, they will be evaluated in of price. Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.

(c) The technical evaluation team will evaluate the factor identified below. For the quote to be technically acceptable, the technical factor must be rated as acceptable. The failure of an Offeror to meet any or all the technical criteria will result in a technically unacceptable rating and be ineligible for award. The technical factors will receive one of the ratings listed below:

Acceptable: Quote clearly meets the minimum requirements of the solicitation.

Unacceptable: Quote does not meet the minimum requirements of the solicitation.

(1) Technical. The Government will evaluate the quotes for technical acceptability, assigning ratings as described in paragraph (c) above. The failure of a quote to meet any or all the technical criteria will result in a technically unacceptable rating and be precluded for award.

FACTOR 1 – Evidence of contractor knowledge, capability and proficiency with industrial controls drive installation and commissioning to fully operational status to satisfy the requirements included in the Statement of Work.

(2) The standard has been met when: contractor provides a detailed summary that provides evidence of knowledge, capability and proficiency with industrial controls drive installation and commissioning to fully operational status to satisfy the requirements included in the Statement of Work. (Page Limit: No more than 2 pages).

(d) Interchanges. It is the Government’s intent to award without interchanges. The Government may consider, throughout the evaluation, the “correction potential” of any quotes to this RFQ. The judgement of such “correctional potential” is within the sole discretion of the Government and may be held with all, some, or none of the Quoters. The Government may determine one or a few Quoters have the highest potential to provide the best value to the Government. The Government may conduct interchanges with those Quoters that, at the discretion of the Contracting Officer, have the highest potential to represent the best value. Resolution of minor or clerical issues would not constitute interchanges and the Government reserves the right to award without the opportunity to revise quotes.

4. 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. The contractor shall not request, nor will the Government make, payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.

5. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be ACTIVE and current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information http://www.sam.gov/portal/public/SAM/ http://www.sam.gov/portal/public/SAM/ http://www.sam.gov/portal/public/SAM/

Solicitation/Contract Form

Removal/Installation of government-furnished VFD/ABB 40HP JBSA Fort Sam Houston

Product Service Code: N059

FA301624Q0140

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies / Services Quantity Unit Unit Price Amount

Installation of government-furnished VFD/ABB 40HP, as well as all necessary hardware, electrical and controls to secure VFD/ABB 40HP and includes removal of existing VFD IAW the associated Statement of Work.

Product Service Code: N059 Pricing Arrangement: Firm Fixed Price

1 Lot

Description/Specifications/Statement of Work

Requirements The Contractor shall install government-furnished VFD/ABB 40HP, as well as all necessary hardware, electrical and controls to secure VFD/ABB 40HP and remove existing VFD at Bldg. 3820 located at Joint Base San Antonio - Fort Sam Houston (JBSA FSH) IAW Statement of Work.

Packaging and Marking

Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) for Inspection/Acceptance criteria and Place of Performance.

DoDAAC: F2M3CB CountryCode: USA

F2M3CB 502 CES CERF

AF NO MILSBILLS PROC CP 2102213955, 1675 GOTT ST

JBSA LACKLAND, TX 78236-5643

UNITED STATES

Anthony Talley Email: anthony.talley@us.af.mil Telephone: 210-262-8725

Deliveries or Performance

From 09 Sep 2024 to 23 Sep 2024

Line Item Delivery Schedule Quantity Address and POC

1 Lot

Period of Performance From 09 Sep 2024 To 23 Sep 2024

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause-Definitions.

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

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

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

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

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, asElectronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the PracticeWAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports inWAWF payment instructions.

WAWF for this contract or task or delivery order:

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

(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.

N/A

(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.

Invoice 2in1

(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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWFDocument routing.

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 FA3016

Admin DoDAAC FA3016

Inspect By DoDAAC F2M3CB

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) F2M3CB

Service Acceptor (DoDAAC) F2M3CB

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request inPayment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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.

Leonardo Garcia - 502d CES, Email: leonardo.garcia.4@us.af.mil

Katie Mahoney - Contract Specialist, Email: katie.mahoney.3@us.af.mil

Emily Rodriguez - Contracting Officer, Email: emily.rodriguez.8@us.af.mil

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

(End of clause)

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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 252.204-7003 Control of Government Personnel Work Product. Apr 1992

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

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Jan 2023

FAR Clauses Incorporated by Full Text

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

(May 2024)

As prescribed in , insert the following clause: 12.301(b)(4)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII,(Jan 2017) 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 Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (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 (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)

(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

52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 4655).[ ](1) (Jun 2020), Alternate I (Nov 2021)

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).[ ](2) (Nov 2021)

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

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, [ ](4) (Nov 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).[ ](5) (Jun 2020)

[Reserved].[ ](6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).[ ](7) (Oct 2016)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).[ ](8) (Oct 2016)

(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).[X]

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and [ ](10) Multi-Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).[ ](11)

Alternate I of 52.204-30.[ ](ii) (Dec 2023)

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. [ ](12) (31 U.S.C. 6101 note).(Nov 2021)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).[ ](13) (Oct 2018)

[Reserved].[ ](14)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).[ ](15) Oct 2022

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the [ ](16) Oct 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved][ ](17)

(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).[X]

Alternate I of 52.219-6.[ ](ii) (Mar 2020)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).[ ](19)

Alternate I of 52.219-7.[ ](ii) (Mar 2020)

52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).[ ](20) Feb 2024

(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).[ ](21)

Alternate I of 52.219-9.[ ](ii) (Nov 2016)

Alternate II of 52.219-9.[ ](iii) (Nov 2016)

Alternate III of 52.219-9.[ ](iv) (Jun 2020)

Alternate IV ( ) of 52.219-9.[ ](v) Sep 2023

(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).[ ](22)

Alternate I of 52.219-13.[ ](ii) (Mar 2020)

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s).[ ](23) Oct 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).[ ](24) (Sep 2021)

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible [ ](25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024

[X] (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

Alternate I of 52.219-28.[ ](ii) (Mar 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ([ ](27) Oct ) (15 U.S.C. 637(m)).2022

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned [ ](28) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).[ ](29) (Mar 2020)

52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).[ ](30) (Sep 2021)

(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).[X]

[ ]32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

52.222-21, Prohibition of Segregated Facilities .[X] (33) (Apr 2015)

(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).[X] (34)

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

(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).[ ](35)

Alternate I of 52.222-35.[ ](ii) (Jul 2014)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).[ ](36)

Alternate I of 52.222-36.[ ](ii) (Jul 2014)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).[ ](37) Jun 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).[ ](38) (Dec 2010)

(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).[X] (39)

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).[ ](ii) (Mar 2015)

52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially [ ](40) (May 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(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)). [ ](41) (Not applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)[ ](ii) (May 2008)

[ ](42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(May 2024) et seq.

[X] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, (May 2024) et seq.

[ ](44) 52.223-20, Aerosols (42 U.S.C. 7671, ).(May 2024) et seq.

[ ](45) 52.223-21, Foams (42 U.S.C. 7671, ).(May 2024) et seq.

[ ](46) 52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. (May 2024) 7671l).

(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).[ ](47)

Alternate I of 52.224-3.[ ](ii) (Jan 2017)

(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).[ ](48)

Alternate I of 52.225-1.[ ](ii) (Oct 2022)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. [ ](49) 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.

Alternate I [Reserved].[ ](ii)

Alternate II of 52.225-3.[ ](iii) ( 2022)Dec

Alternate III of 52.225-3.[ ](iv) (Feb 2024)

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

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).[ ](50) (NOV 2023) et seq

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

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National [ ](52) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).[ ](54) (Nov 2007)

[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(May 2024)

52.229-12, Tax on Certain Foreign Procurements .[ ](56) (Feb 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. [ ](57) (Nov 2021) 3805).

52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).[ ](58) (Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).[X] (59) (Oct2018)

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 (31 U.S.C. 3332).[ ](61) (May 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).[ ](62) (Aug 1996)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).[ ](63) (Jan 2017)

(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).[ ](64)

Alternate I of 52.247-64.[ ](ii) (Apr 2003)

Alternate II of 52.247-64.[ ](iii) (Nov 2021)

(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.

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

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).[X](2) (May 2014)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) [ ](3) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of [ ](5) Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements [ ](6) (May 2014) (41 U.S.C. chapter 67).

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .[X](7) (Jan 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).[X] (8) (Jan 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awardedComptroller General Examination of Record 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 (41 U.S.C. 3509).(Nov 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

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

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)

(vii) (A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

(B) Alternate I of 52.204-30.(Dec 2023)

(viii) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontractingFeb 2024 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.

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

(x) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2015)

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

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

(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(Jun 2020)

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in(Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(May 2022)

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

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)

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

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

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

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with(Jun 2020) paragraph (e) of FAR clause 52.226-6.

(xxv) 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.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down(Nov 2021) 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)

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

As prescribed in , insert the following clause:52.107(b)

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):

https://www.acquisition.gov

(End of clause)

52.252-6 Authorized Deviations in Clauses. (Nov 2020)

As prescribed in , insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized 52.107(f) deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

Authorized Deviations in Clauses (Nov 2020)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated(a) by the addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any (48 CFR ) clause with an authorized(b) Defense Federal Acquisition Regulation Supplement Chapter 2 deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

Supplemental Clauses Incorporated by Full Text

5352.201-9101 AETC 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, Mr. David E. Jones, Deputy Director of Contracting, AFICC/KT, 2035 First Street West, JBSA Randolph TX 78150-4304, telephone 210-652-1722, david.jones.3@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)

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (Jun 2024)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

(b) For the purposes of Department of the Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Department of the Air Force definition of a Class

I ODS.]

(End of clause)

5352.223-9001 Health and Safety on Government Installations (Jul 2023)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

5352.242-9000 Contractor Access to Air Force Installations (Jun 2024)

(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 <<1> >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.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with citing the<<2>> 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) The contractor shall provide an after-hours contact number or after-hours email in the Emergency Mass Notification System (EMNS) for each of their personnel, whose normal place of duty is on a DoD installation or within a DoD facility. The contractor shall comply with any additional requirements in DAFMAN 10-206 for emergency operational reporting. Foreign Nationals may participate and may remove themselves from the Emergency Mass Notification System at any time. To update information, personnel can access the globe icon on their system desktop screens and choose the "Access Self-Service" option.

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

(End of clause)

List of Attachments

Attachment 1 - Statement of Work - Bldg. 3820 VFD Install_14 Aug 24

Attachment 2 - Wage Determination 2015-5253, REV 24

Representations, Certification, & Other Statements

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

May 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

FAR Clauses Incorporated by Full Text

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services.

(May 2024)

As prescribed in , insert the following provision:12.301(b)(2)

Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) . As used in this provision-Definitions

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395 (b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(…