SP3300-19-Q-0093_Weight_Handlers.pdf

SOLICITATION RFQ SP3300-19-Q-0093

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the solicitation number is SP3300-19-Q-0093.

This request is being issued by contracting office SP3300: DLA Distribution Susquehanna, 430 Mifflin Ave, New Cumberland, PA 17070.

2. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-02 effective 5 June 2019 (updated with Class Deviation: 2019-O0005), and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20190215 (effective 15 February 2019) edition, and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 19-04 through 12 (Revised May 14, 2019). The complete text of any of the clauses and provisions are available electronically from the following sites:

FAR- http://farsite.hill.af.mil/ FAR- https://www.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD -http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

3. This Request for Quote is issued to establish a combination Firm-Fixed Price and Time and Materials contract for a contractor to provide all labor, equipment, tools, materials, replacement parts, and supervision necessary to perform Preventative Maintenance (PM) and Corrective Maintenance (CM) unscheduled, Inspection/Testing, Load Testing, and Certification on weight handling equipment at DLA Distribution Warner Robins, Georgia in accordance with Attachment 1 Statement of Work (SOW). The Equipment Inventory List is provided to identify each system component (equipment) that required maintenance (Attachment 2). The Maintenance Task Charts are provided to define the PM requirements (Attachment 3), on Government-owned weight handling equipment systems located at DLA Distribution Warner Robins, GA.

4. The following Attachments apply to solicitation SP3300-19-Q-0093:

Attachment 1-- Scheduled Preventive Maintenance and Unscheduled Remedial Maintenance shall be performed in accordance with the Statement of Work (SOW) included as Attachment 1 to this solicitation. The SOW includes a detailed list of the overview of the weight handling equipment, general maintenance requirements, corrective maintenance (unscheduled), performance schedule, replacement parts, equipment changes, work orders, mandatory report, personnel, quality control plan, quality assurance, hours of operation, environmental compliance, security requirements, safety and occupational health (SOH), government working space and support services, government observations, documentation and records, and certification and acceptance.

Attachment 2—Equipment List Attachment 3 – Maintenance Task List Attachment 4—DPAS Work Order Attachment 5 -- Service Contract Act Wage Determination No. 2015-4495 Revision No. 9 dated 06/03/2019 will apply to any services performed at DLA Distribution Warner Robins, GA, and will be incorporated into the resulting purchase order.

Attachment 6—Schedule of Supplies and Services http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126 http://farsite.hill.af.mil/ http://www.acquisition.gov/browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

5. The contractor shall also provide Contractor Manpower Reporting on an Annual basis as described in the Statement of Work.

6. This solicitation is Unrestricted. The North American Industry Classification System (NAICS) code for this solicitation is 811310 and the size standard is $7,500,000.00.

7. This requirement consists of a Base Year and Two (2) Option Years, with estimated Periods of Performance as follows:

Base Year (CLINS 0001-0006) – from 11/01/19 to 10/31/20 Option Year 1 (CLINS 1001-1006) – from 11/01/20 to 10/31/21 Option Year 2 (CLINS 2001-2006) – from 11/01/21 to 10/31/22.

8. The Schedule of Supplies/Services for this procurement is provided as Attachment 6 to this solicitation.

9. Offerors are requested to quote Firm Fixed Prices for Scheduled Preventive Maintenance (Monthly) – reference line items 0001, 1001, and 2001 on the attached Schedule of Supplies/Services.

Offerors shall not provide a quote for Annual Contractor Manpower Reporting (line items 0002, 1002, and 2002) as this requirement is not separately priced (NSP).

CLINs X003. X004, X005, and X006 are time and material CLINs.

Offerors are requested to quote Firm Fixed Price Hourly Labor Rates to perform Corrective Maintenance (CM) costs for equipment requiring service and/or repairs – reference line items X003 on the attached Schedule of Supplies/Services.

Offerors shall not provide quotes for Contract Line Items X004, X005, and X006 on the attached Schedule of Supplies/Services as the level of funding will be provided by the Government on a Ceiling/Not-to-Exceed basis for this purpose.

Reference FAR 52.214-4 Alt I, the contractor shall be reimbursed for actual hours/costs incurred only for repair services. The contractor shall not exceed the CLIN/contract ceilings without prior approval from the Contracting Officer.

The price charged to the Government for a purchased part under CLINs X004 shall not exceed the contractor’s established catalog or market price. If the contractor obtains a part at a discounted cost, the contractor shall pass the savings on to the Government. Upon request of the Contracting Officer Representative (COR), the contractor will be required to provide invoices and/or proof of pricing for the contractor purchased part.

10. Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.

11. Contractor shall provide company name, address, CAGE Code, and DUNS Number exactly as it appears in the DoD System for Award Management Database.

Company Name:

Company Address:

CAGE Code:

DUNS Number _______________________________ Contractor POC ______________________________ Telephone:

Email:

12. System for Award Management: IAW FAR 4.1102(a), offerors are required to be registered in the System for Award Management (SAM) database at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements.

Refer to DFARS 204.1103 for helpful information on navigation and data entry in the SAM database. Registration may be done on line at: www.acquisition.gov or www.sam.gov.

13. Invoicing and Payment: Invoices shall be submitted through Wide Area WorkFlow (WAWF).

The WAWF website is at https://wawf.eb.mil/. The web site contains instructions for registration and use, including how contractors submit invoices via WAWF.

14. SUBMISSION OF SERVICE/DELIVERY SLIPS: Service verification slips must be delivered to the Contracting Officer’s Representative (COR) following each on-site visit. Verification slips shall include the contract number, person’s name who performed the service, date of time of performance, duration of service, and the tasks performed. All verification slips must be signed by an authorized person for whom the service was performed. Failure to comply will result in a delay in payment.

15. Place Of Performance:

DLA DISTRIBUTION WARNER ROBINS

455 BYRON ST. BLDG. 376

ROBINS AFB, GA 31098-1887

16. Mark Contract Number On All Correspondence - The Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment and could result in the return of merchandise at contractor’s expense.

17. Questions regarding this solicitation must be submitted by email to the Contract Specialist, Tameka Drayton, at tameka.drayton@dla.mil by 3:30PM Eastern Time on Tuesday, July 30, 2019. Questions received after this date and time may not receive a response. Answers to questions will be posted to the Federal Business Opportunities website via an amendment to the solicitation. No information concerning this solicitation will be provided in response to telephone calls.

18. Offerors responding to this announcement shall submit their quotations via email to tameka.drayton@dla.mil. All quotes must be received by 3:30 PM Eastern Time on Tuesday, August 6, 2019 to be considered for award.

19. The following FAR, DFARS and DLAD provisions apply to this acquisition:

20. FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

http://www.acquisition.gov/ http://www.sam.gov/ https://wawf.eb.mil/ mailto:tameka.drayton@dla.mil mailto:tameka.drayton@dla.mil mailto:tameka.drayton@dla.mil

Addenda to 52.212-1; the following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, (h) multiple awards, and (i) availability of requirements documents cited in the solicitation.

Addenda to 52.212-1; paragraph (c) period for acceptance of offers, this paragraph is tailored to read as follows “The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers”.

The following provisions are Addenda to FAR 52.212-1 – Instructions to Offerors

– Commercial Items and are incorporated by reference:

FAR 52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-20 Predecessor of Offeror FAR 52.217-5 Evaluation of Options FAR 52.222-22 Previous Contracts and Compliance Reports FAR 52.225-25 Affirmative Action Compliance DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

The following provisions are Addenda to FAR 52.212-1 – Instructions to Offerors

– Commercial Items and are incorporated in full text:

FAR 52.203-11 -- Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference it his provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of Provision)

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(1) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

FAR 52.215-20 -- Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data with Alternate IV

(a) Submission of certified cost or pricing data is not required.

(b) Provide information described below:

(1) The offeror shall submit, at a minimum, information on prices at which the same item or service, or similar items or services, have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include sales data and any information reasonably required to explain the offeror’s estimating process including but not limited to (a) the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and (b) the nature and amount of any contingencies included in the proposed price.

The contractor’s format for submitting the data should be used.

FAR 52.216-1 -- Type of Contract

The Government contemplates award of a Combined Firm Fixed Price and Time and Materials type contract resulting from this solicitation.

FAR 52.216-31 – Time-and-Materials/Labor-Hour Proposal Requirements— Commercial Item Acquisition

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates or the offeror under a common control.

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference

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

http://farsite.hill.af.mil FAR: https://www.acquisition.gov/browsefar DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

DLAD 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (ADR)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If http://farsite.hill.af.mil/ https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) The offeror should check here to opt out of this clause

[ ] Alternate wording may be negotiated with the contracting officer.

21. OFFER SUBMISSION INSTRUCTIONS–Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

A. Quotations may be submitted in contractor format and shall include the following:

(1) Company name, address, telephone number, and e-mail address.

(2) Solicitation number.

(3) Completed Schedule of Supplies/Services with a Unit Price and extended total prices for all Contract Line Items (CLINS).

(4) Contractor DUNS Number and Commercial and Government Entity (CAGE) Code.

(5) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation).

(6) The Offeror shall describe their background, knowledge, and experience related to Preventative Maintenance (PM) and Corrective Maintenance (CM) unscheduled, Inspection/Testing, Load Testing, and Certification of weight handling equipment at DLA Distribution Warner Robins, Georgia in accordance with Attachment 1 Statement of Work (SOW) to this solicitation. Of particular emphasis is performance that was executed in accordance with the same or similar scope and magnitude that is described in this solicitation. Past performance information is used to determine the level of confidence the Government has for successful performance based upon the offeror’s actions under previously awarded, relevant contracts. The Government will only consider relevant past performance data, within the past three (3) years (refer to FAR 13.106-2 Evaluation of Quotations or Offers below). Past performance information must include a detailed list of the equipment, including make and model number that the offeror has serviced within the past three (3) years.

If an Offeror or its subcontractor determines they have no past performance data, they shall provide the following statement in lieu of the information requested below: “(Insert Offeror or subcontractor’s name) has determined that they possess no past performance information in accordance with the Request for Quote (RFQ)”.

To be compliant with this factor, offerors shall provide the following information for both the Offeror and proposed subcontractors:

(1) An index of contract data that contains three (3) or more prime contracts and subcontracts that the Offeror is currently performing or has completed during the past five (5) years. The index shall include:

a. Contractor Name

b. Name of the customer/agency

c. Contract/Purchase Order Number

d. Customer Point of Contact (minimum of two, provide name, telephone number, and email address)

e. Length of contract/period of performance (dates)

f. Dollar Amount of Contract (initial price and final price)

g. Description of firefighting trucks and auxiliary equipment for which Preventive and Corrective Maintenance services were provided (include sufficient detail to demonstrate the scope and complexity of the services provided)

h. Discussion of the similarities and differences between the services performed for other customers and the services required for this solicitation.

i. Facilities in which the service was performed.

j. Quality of Past Performance to include a discussion of actual performance under each contract listed including: problems encountered; how they were resolved; the timeliness of deliverables required; how costs were controlled; business relationships; management of personnel; and any other areas deemed necessary to provide insight into actual performance issues.

(2) A narrative synopsis that shall describe the specific nature of the work, similarities with the proposed work and the relevant experience gained.

(3) Offerors may describe any quality awards or certifications that indicate technical excellence in the service requested. Examples of such awards or certifications include, the Malcolm Aldridge Quality Award, other Government quality awards, and private sector awards or certifications (e.g., the automobile industries QS 9000, Semitic’s SSQA, or ANS/EIA-599). Indicate what segment of the company (division or entire company) received the award or certification and the date. If the award or certification is over three years old, present evidence the qualifications still apply.

The Government may utilize the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency DCMA to determine the quality and relevance of the Offeror’s past performance.

B. Contractors are required to include a copy of the FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items with its proposal or may indicate completion of the representations and certifications on the internet at http://www.sam.gov. Failure to include the certifications along with the price proposal or to complete the certifications on the internet may result in elimination from consideration for award.

22. FAR 52.212-2 Evaluation -- Commercial Items

The Government will award a contract resulting from this solicitation to the offeror who meets or exceeds the acceptability standards for the non-price factor, with the lowest evaluated price, inclusive of options, who is deemed responsible in accordance with the Federal Acquisition Regulations (FAR), and who has submitted a quote conforming to the solicitation requirements. The requirements include all stated terms, conditions, completion of representations and certifications, and all other requirements of this solicitation.

The award decision process is being conducted under FAR Part 12 and FAR Part 13, wherein the Contracting Officer is permitted to have substantive communications with individual contractors about their quotes without being subject to the policies and procedures of FAR Part 15, and without engaging in "discussions" or "negotiations" under FAR Part 15.

The Government reserves the right to evaluate quotes and may seek to make an award without asking for revised quotes or entering substantive communication.

Accordingly, contractors are encouraged to provide their most realistic and competitive terms with their initial quotes. No offeror will be given an unlimited amount of opportunities for correction of a quote. The Government reserves the right to make a final determination whether a quote is acceptable or unacceptable solely on the basis of the information submitted, and proceed without requesting additional information.

The following non-price factors shall be used to evaluate quotes: Past Performance

Offerors shall be evaluated on an Acceptable/Unacceptable basis.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance.

In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

Should the Government discover adverse past performance information to which the offeror(s) had not had a prior opportunity to respond, the Contracting Officer will conduct communications if deemed appropriate.

Each quote will be evaluated to the extent to which the offeror has demonstrated an ability and willingness to perform: 1) A quality product or service (i.e. the conformance to contract requirements, specifications, and standards of good workmanship); 2) Timeliness of the contract with regard to completion of http://www.sam.gov/ contract, task orders, milestones, delivery schedules and administrative requirements (e.g., effort that contributes to or affects the schedule variance); 3) Acceptable cost control with regard to the offeror’s effectiveness in forecasting, managing, and controlling contract cost; 4) Good business relationships with regard to the timeliness, completeness and quality of problem identification and resolution, offeror’s history of reasonable and cooperative behavior, customer satisfaction, timely award and management of subcontracts, and whether the contractor met their small/small disadvantaged and women owned business participation goals; and 5) Management of personnel with regard to demonstration of a commitment to the management of personnel with regard to the offeror’s performance in selecting, retaining, supporting, and replacing when necessary, personnel.

The Government will only consider relevant past performance data of the offeror and its major subcontractors. A major subcontractor is defined as those providing twenty percent (20%) of total dollar threshold AND/OR twenty-five percent (25%) of total man-hour effort. Subcontractors not meeting the definition of a “major subcontractor” will not be evaluated. To be considered relevant, the offeror must demonstrate past execution of similar contracts in terms of complexity, technology, magnitude of effort, schedule, and scope. Additionally, the performance must have occurred during the last five (5) years.

Price 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. Quotes found to have an acceptable record of past performance will be evaluated for the lowest price. Award shall be made to the lowest priced offer that meets all requirements of the solicitation.

In accordance with FAR 13.106-3(a), the offeror’s quote will be evaluated for fairness and reasonableness utilizing price analysis techniques. If additional information is required, the Government may require a breakdown of the price offered.

Options – The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base year. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

23. The following FAR, DFARS and DLAD clauses apply to this acquisition:

FAR 52.212-4 Contract Terms and Conditions – Commercial Items with Alternate I. The following Alt I fill-ins apply:

Paragraph (i) (1) (ii) (D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i) (1) (ii) (B) of this clause: NONE.

(2) Indirect Costs (Material handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: $0

MARK CONTRACT NUMBER ON ALL CORRESPONDENCE

Contractor must mark the contract or purchase order number on all paperwork and shipments.

The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

ORGANIZATIONAL CONFLICT OF INTEREST

1. The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DLA on this contract. This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its product or services in any statement of work or specification unless directed to do so in writing by the Contracting Officer.

2. If the contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial data, internal data, or any other non-public information or information by the Privacy Act, the contractor agrees not to release such information without prior written approval from the Contracting Officer. The use of such information for personal gain is prohibited.

3. In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION

Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor’s responsibility to ensure that its employees working on-site at this installation are U.

S. citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. The local authorities can issue a citation that charges the individual with a specific offense and requires the individual to appear before a Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions.

MANAGEMENT OF CONTRACTOR EMPLOYEES

The Contractor personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed in the Performance Work Statement/Performance Work Statement. The Contractor shall select, supervise, and exercise control and direction over its employees under this contract.

The Contractor shall not supervise, direct, or control the activities of the Government personnel or the employee of any other contractor, except any subcontractor employed by the Contractor on this contract. The Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under this contract. The Contractor is accountable to the Government for the actions of its personnel.

The following clauses are Addenda to FAR 52.212-4 – Contract Terms and Conditions – Commercial Items and are incorporated by reference:

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.223-5 Pollution Prevention and Right-to-Know Information FAR 52.223-10 Waste Reduction Program FAR 52.228-5 Insurance -- Work on a Government Installation

FAR 52.232-39 Unenforceability of Unauthorized Obligations

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.242-17 Government Delay of Work FAR 52.247-34 F.o.b. – Destination FAR 52.253-1 Computer Generated Forms DFARS 252.201.7000 Contracting Officer’s Representative (DEC 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7000 Disclosure of Information DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7004 Level I Antiterrorism Awareness Training for Contractors DFARS 252.204- 7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7001 Buy American and Balance of Payments Program DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea DLAD 52.204-9000 Contractor Personnel Security Requirements

The following clauses are Addenda to FAR 52.212-4 – Contract Terms and Conditions – Commercial Items and are incorporated in full text:

FAR 52.215-21 -- Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications with Alternate IV

(a) Submission of certified cost or pricing data is not required.

(b) Provide information described below:

(1) The offeror shall submit, at a minimum, information on prices at which the same item or service, or similar items or services, have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include sales data and any information reasonably required to explain the offeror’s estimating process including but not limited to (a) the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and (b) the nature and amount of any contingencies included in the proposed price.

The contractor’s format for submitting the data should be used.

(End of Clause)

FAR 52.217-8 -- Option to Extend Services

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 60 days from the expiration date of the contract.

(End of Clause)

FAR 52.217-9 -- Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the end of the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 three (3) years and six (6) months.

FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018)

(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

(b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c) The wage determination, issued under the Service Contract Labor Standards statute, (41 U.S.C. chapter 67), by the Administrator, Wage and Hour Division, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.

(d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor’s actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:

(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

(2) An increased or decreased wage determination otherwise applied to the contract by operation of law; or

(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers’ compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing.

The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(g) The Contracting Officer or an authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract.

FAR 52.252-2 -- Clauses Incorporated by Reference

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):

FAR- http://farsite.hill.af.mil/ FAR- https://www.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD -

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018)

(a) Definitions. As used in this clause—

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

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

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

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

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense

Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic

Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-

Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web-Based Training” on the WAWF home page at https://wawf.eb.mil/ http://farsite.hill.af.mil/ http://www.acquisition.gov/browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

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

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

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

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(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.

2 in 1 Invoice

(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 item financing, submit a commercial item financing request.

(2) Fast pay requests are only permitted when Federal Acquisition Regulation

(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 SL4701 Issue By DoDAAC SP3300 Admin DoDAAC SP3300 Inspect By DoDAAC Not Applicable Ship To Code Not Applicable Ship From Code Not Applicable Mark For Code Not Applicable

Service Approver (DoDAAC) Not Applicable Service Acceptor (DoDAAC) SB3525 Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

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

ezel.walker@dla.mil; tameka.drayton@dla.mil

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

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items

In paragraph (a) the following clauses apply:

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.233-3 Protest After Award FAR 52.233-4 Applicable Law for Breach of Contract Claim

In paragraph (b) the following clauses apply:

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

FAR 52.216-31 Time and Mat’ls/Labor hr. proposal requirements-comm. Acq (FEB 2007) FAR 52.217-5 Evaluation of Options FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns FAR 52.219-8 Utilization of SB concerns (OCT 2014) FAR 52.219-14 Limitations on subcontracting (NOV 2011) FAR 52.219-28 Post Award Small Business Program Representation mailto:ezel.walker@dla.mil mailto:tameka.drayton@dla.mil https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1159972 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366

FAR 52.222-3 Convict Labor FAR 52.222-21 Prohibition of Segregated Facilities FAR 52.222-26 Equal Opportunity FAR 52.222-35 Equal Opportunity for Veterans FAR 52.222-36 Equal Opportunity for Workers with Disabilities FAR 52.222-37 Employment Reports on Veterans FAR 52.222-50 Combating Trafficking in Persons FAR 52.222-54 Employment Eligibility Verification (AUG 2013) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

In paragraph (c) the following clauses apply:

FAR 52.222-17 Non-displacement of qualified workers (MAY 2014) FAR 52.222-41 Service Contract Labor Standards FAR 52.222-42 Statement of Equivalent Rates for Federal Hires

This statement is for Information Only, it is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits Motor Vehicle Mechanic – WG-10 $24.63 - $28.74

FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards

-- Price Adjustment (Multiple Year and Option Contracts) FAR 52.222-55 Minimum Wages Under Executive Order 13658 FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1163027 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1170084