14-R-0422_Enclosure_1-Instructions-and-Eval_Criteria.pdf

RFP SP0600-14-R-0422 – Enclosure 1

INSTRUCTIONS TO OFFERORS

General Comments

Any questions pertaining to solicitation SP0600-14-R-0422 must be submitted at least 11 calendar days, before the solicitation’s offer due date listed in Block 8 of SF1449 and should be submitted electronically to Joan Brickhill, Contract Specialist (E-mail: joan.brickhill@dla.mil) and Charles Tiggs, Contracting Officer, (E-mail: charles.tiggs@dla.mil). Please also send all inquiries to the Consulting Services main E-mail address at: CSteam@dla.mil.

• To be considered timely, all proposals must be received by the offer due date listed in Block 8. of the SF1449. Offer due date for SP0600-14-R-0422 is August 29, 2014 by 5:00 p.m., local (Eastern Standard Time), (you may also submit your proposal prior to the offer due date and time set for this acquisition).

• The period of performance of the resultant contract shall begin on or about October 1, 2014.

• The resultant award will be a Firm-Fixed-Price (FFP). five year contract.

• Offers are valid for 120 days after offer due date and receipt of proposals.

• Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the task order requirements and may have an adverse effect of ratings.

• Offers for less than the entire contract period may not be considered.

• Alternative/multiple offers from the same contractor may not be considered.

• If any portion of the work will be subcontracted, identify the subcontractor(s) or team member(s) and their respective role(s).

• Unless otherwise noted in Enclosures 1, 2, or 3, clauses contained in Solicitation Number SP0600-14- R-0422 are incorporated into the resultant contract.

• In accordance with clause I605.03, CONFIDENTIALITY AND NONDISCLOSURE OF NONPUBLIC INFORMATION AND CONFLICTS OF INTEREST (DESC APR 2002), contractor employees assigned to this requirement shall sign an Employee Confidentially Non-Disclosure of Non-Public Information and Conflict of Interest statement before performance begins.

• Exceptions and Assumptions: by submitting an offer, you are agreeing to all terms and conditions of the Notice Of Opportunity/Solicitation and they shall apply to your offer unless clearly identified and outlined in a separate document clearly entitled “Exceptions to the Notice of Opportunity/Notice Of Opportunity/Solicitation.” Offerors must fully define any assumptions, conditions and/or exceptions. There is no page limit on Exceptions documents, however, this document shall be submitted directly after the cover letter.

Procurement Sensitive Source Selection Information – See FAR 2.101 and 3.104 mailto:joan.brickhill@dla.mil mailto:charles.tiggs@dla.mil

• Should any amendments be issued, acknowledge receipt of amendments by signing and returning with your offer or acknowledge receipt by referencing the amendments in your offer cover letter.

• Faxed submissions of offers will not be considered.

• The Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint; however, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

• The Government will award a contract resulting from this Notice Of Opportunity/ Solicitation to the responsible offeror whose offer conforming to the Notice Of Opportunity/Solicitation will be most advantageous to the Government, price and other factors considered.

Proposal Format and Content

• In your cover letter please provide the names, titles, telephone numbers, and e-mail addresses for each point of contact for your proposal, including Authorized Negotiators. You must also identify each Authorized Negotiator in special contract provision K33.01 of the Offeror Submission Package (Attachment D).

• The technical volume should not exceed 10 pages. Anything submitted beyond the 10th page of the technical volume will not be considered in the technical evaluation. Title pages, table of contents and resumes do not count against this page limit.

• Proposals shall be submitted in five separate volumes and clearly labeled as follows: Volume I:

Technical Proposal; Volume II: Past Performance Proposal, Volume III: Price Proposal, Volume IV:

Socioeconomic Proposal and Volume V, AbilityOne Proposal. The Technical Proposal, Volume I, should be submitted in a separate pdf file, with no other volumes attached.

NOTE: Small businesses are exempt from the requirement for submitting Volume V: AbilityOne Proposal. However, all offerors are required to submit a socioeconomic proposal providing a description of its efforts to ensure that small business, veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business & ability one concerns will have an equal opportunity to compete for subcontracts under any resultant contract.

The description should include any partnering arrangements with such companies and include specific names to the extent they are known

NOTE: A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. The Government may accept an offer, regardless of whether negotiations occur, unless a written notice of withdrawal is received prior to award.

EVALUATION FACTORS AND SUBMISSION REQUIREMENTS

The Government will award contracts to the responsible offeror(s) whose proposal conforms to the requirements of the Notice of Opportunity/solicitation and represents the best overall value. The Government will determine best overall value on the basis of an assessment of the following factors listed in descending order of importance:

o Volume I: Factor 1 – Technical Proposal – 10 page limit (Resumes do not count towards this limit) o Volume II: Factor 2 – Past Performance Proposal – no page limit o Volume III: Factor 3 – Price Proposal – 4 page limit o Volume IV: Factor 4 – Socioeconomic Proposal – no page limit o Volume V: Factor 5 – AbilityOne Proposal – no page limit

Anything submitted beyond the page limits specified above shall not be reviewed or considered.

Technical and Past Performance Factors are significantly more important than price. Listed below are the evaluation factors and submission instructions:

Volume I: Technical Proposal

The offeror shall clearly and precisely describe its approach, demonstrate understanding of the requirement and its ability to successfully perform all of the requirements of the PWS. Thoroughly address how your proposal meets or exceeds the requirements of the PWS. Provide a comprehensive description of the methodology(ies) proposed to accomplish the performance requirements as along with any innovations in technical approach. Proposals should demonstrate the offeror has a clear understanding of what is required including quality controls used in meeting the specified schedule. Identify any technical, scheduling, performance, or cost risks associated with your proposal, and describe how they will resolve or avoid the identified risks. The technical proposal should include personnel experience (shown in resumes). The offeror must also clearly demonstrate that it possesses the Essential Knowledge and Skills contained in the PWS (Enclosure 3).

Volume II: Past Performance Proposal

Past performance information is one indicator of an offeror’s ability to perform the contract successfully. The Government will evaluate the offeror's past performance based upon what is presented in the offer and any other relevant information. The Government may consider information in the offeror’s proposal and information obtained from other sources, including past and present customers and their employees, other subcontractors, Government databases and any other source. Offerors lacking relevant past performance history shall receive a neutral evaluation for past performance.

The offeror shall list all DLA Energy contracts and subcontracts (completed or in progress) for the last three years that are at least 25% complete. Additionally, include a list of all other contracts (completed or in progress) for other Government agencies and/or private sector contracts that exhibit relevant (similar work performance) and recent (last three years and at least 25% complete) performance.

These contracts may include efforts undertaken on behalf of private industry, quasi-governmental organizations or Federal agencies, including those performed for non-DoD activities. The offeror shall use the form Past Performance Worksheet at the end of this enclosure to submit past performance information for evaluation by the contracting officer.

Volume III: Price Proposal

Technical and past performance factors are significantly more important than price. The Government reserves the right to award to other than the lowest priced evaluated offer. The resultant award will be a firm fixed price contract. Evaluation of offer prices will include a calculation of the total cost to the Government for the contract performance period and the cost of an extension of up to six months under FAR clause 52.217-9. Evaluation of the extension shall not obligate the Government to exercise the extension.

NOTE: Monthly payments against all applicable Contract Line Item Numbers (CLINs) will be made against any resultant award after performance/receipt validation and certification from the Contracting Officer’s Representative (COR).

Volume IV: Socioeconomic Proposal

52.215-9002 SOCIOECONOMIC PROPOSAL (FEB 2012)

Whether or not required to submit a subcontracting plan by the clause 52.219-9, all offerors shall:

(a) Provide a description of the efforts your company will make to assure that small, women-owned, historically underutilized business zone(s) (HUBZone), veteran-owned, service-disabled veteran-owned small business (SDVOSB), and economically disadvantaged women-owned small business concerns, and historically black colleges/universities or minority institutions (HBCUs/MIs) will have equal opportunity to compete for subcontracts under any resulting contract. Describe your current and planned proposed range of services, supplies, and any other support that will be provided to you by each of these categories. Include specific names of subcontractors to the extent they are known.

(b) Describe any future plans your company has for developing additional subcontracting opportunities for each of these categories during the contract period.

(c) Specify what proportion of your proposal, as a percentage of dollars, will be subcontracted to each of these categories.

52.215-9002, Continued:

(d) Specify what type of performance data you will accumulate and provide to the Contracting Officer regarding your support of each of these categories during the period of contract performance. Provide the name and title of the individual principally responsible for ensuring company support to such firms.

(End of Provision)

IAW DLAD 52.215-7002, Socio-economic Proposal, each offeror’s socio-economic Proposal shall include:

(a) A description of the efforts the company will make to assure that small, women-owned, historically underutilized business zone(s) (HUBZone), veteran-owned, service-disabled veteran-owned small business (SDVOSB), and economically disadvantaged women-owned small business concerns, and historically black colleges/universities or minority institutions (HBCUs/MIs) will have equal opportunity to compete for subcontracts under any resulting contract. In addition, a description of current and planned proposed range of services, supplies, and any other support that will be provided by each of these categories, to include specific names of subcontractors to the extent they are known.

(b) A description of all plans the company has for developing additional subcontracting opportunities for each of these categories during the contract period.

(c) Identification of what proportion of its proposal, as a percentage of dollars, will be subcontracted to each of these categories.

(d) Identification of what type of performance data will be accumulated and provided to the Contracting Officer regarding its support of each of these categories during the period of contract performance, to include the name and title of the individual principally responsible for ensuring company support to such firms.

(e) Socio-economic proposals that demonstrate a strong commitment to affording entities in one or more of the categories described above a real opportunity to participate shall be rated more favorably than those that demonstrate lesser or no such commitment.

DLA Energy NOTE: All offerors shall submit a socioeconomic proposal.

The offeror’s proposals for socioeconomic support will be made a part of any resulting contract for use in determining how well the Contractor has adhered to its socioeconomic plan. This plan will be monitored by the Small Business Office of the Defense Logistics Agency Energy (DLA Energy) as a means of assisting the Contracting Officer in determining how well the Contractor has in fact performed. This determination will then be used as a consideration prior to option exercise and future source selection decisions.

Performance on prior contracts in subcontracting with and assisting small businesses, HUBZone, women-owned small businesses, veteran-owned small businesses, service-disabled veteran-owned small business (SDVOSB), economically disadvantaged women-owned small business concerns (EDWOSB), and historically black colleges/universities or minority institutions (HBCUs/MIs) will be part of past performance evaluation.

Volume V: AbilityOne Proposal

52.215-9004 ABILITYONE ENTITY PROPOSAL (FEB 2012)

(a) Provide a description of the efforts your company will make to assure that AbilityOne qualified nonprofit agencies for the blind or other severely disabled will have equal opportunity to compete for subcontracts under any resulting contract. Describe your current and proposed range of services, supplies, and any other support that will be provided to you by AbilityOne concerns. Include specific names of such subcontractors, to the extent they are known.

(b) Describe any future plans your company has for developing additional subcontracting possibilities for AbilityOne entities, or ways in which these entities could be partnered with other businesses and agencies in opportunities to diversify revenue production, during the contract period.

(c) Specify what proportion of your proposal, as a percentage of dollars, will be subcontracted to AbilityOne entities.

(d) You shall be required to submit periodic progress reports (no less frequently than annually) to the Contracting Officer regarding your subcontracting efforts relative to AbilityOne entities. Specify what type of performance data you will accumulate and provide to the Contracting Officer regarding your support of AbilityOne entities during the period of contract performance. Provide the name and title of the individual principally responsible for ensuring company support to such entities (generally, this is the individual responsible for subcontracting with small and women-owned small businesses).

(End of Provision)

In accordance with DLAD 52.215-9004, AbilityOne Entity Proposal, each offerors’ AbilityOne proposals shall include:

(1) A description of the efforts the company will make to assure that AbilityOne qualified nonprofit agencies for the blind or other severely disabled will have equal opportunity to compete for subcontracts under any resulting contract. A description of current and proposed range of services, supplies, and any other support that will be provided by AbilityOne concerns, to include specific names of such subcontractors, to the extent they are known.

(2) A description of any plans the company has for developing additional subcontracting possibilities for AbilityOne entities, or ways in which these entities could be partnered with other businesses and agencies in opportunities to diversify revenue production, during the contract period.

(3) Identification of what proportion of the proposal (as a percentage of dollars) will be subcontracted out to AbilityOne entities.

(4) Identification of what type of performance data the offeror will accumulate and provide to the Contracting Officer regarding its support of AbilityOne entities during the period of contract performance, to include the name and title of the individual principally responsible for ensuring company support to such entities.

CLAUSES:

52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (Jun 2014)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

_X__ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

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

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

52.212-5, Continued:

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_ X__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_ X _ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ X __ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

_ X _ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_ X __ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_ X _ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_ X _ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_ X _ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_ X__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_ X __ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

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

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) + (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_ X __ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

_ __ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

_ __ (44) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ _ (46) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (52) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (53) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (56) (i) 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).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

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

_ __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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

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

chapter 67).

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

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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 (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

_X_ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 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.)

(xi) 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)

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 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.

(xv) 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)

Federal Acquisition Regulation (FAR) 52.245-1 -- Government Property - Government Property (Apr 2012) is incorporated by reference

DoD Manpower Reporting Requirements

Per DLAD 37.103-90(e)(1), the contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agency via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecrnra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014.

Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil.

FAR 52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days [insert the period of time within which the Contracting Officer may exercise the option].

(End of Clause)

FAR 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years and 6 months (66 months).

http://www.ecrnra.mil/ http://www.ecmra.mil/

FAR 52.232-19 -- Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond 2015. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 2015, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

FAR 52.243-1 -- Changes -- Fixed Price (Aug 1987)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(2) Method of shipment or packing.

(3) Place of delivery.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.