RFQ_-_Amendment_0005_SP3300-19-Q-5014.pdf

Amendment 0005

SP3300-19-Q-5014

NOTICE TO OFFERORS

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with the Federal Acquisition Regulations (FAR) Subpart 13.5 Simplified Procedures for Certain Commercial Items. 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 RFQ number is SP3300-19-Q-5014.

2. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-01 effective 20 Dec 2018 and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20190215 edition and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR19-05 and Deviation 2019-02. The complete text of any of the clauses and provisions are

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 Quotation (RFQ) is being issued to establish a hybrid Firm-Fixed Price (FFP) and Time and Materials (T&M) contract to Upgrade Receiving Conveyor Systems located at DLA Distribution Red River, Texas. The contractor shall provide labor, materials, equipment and control components required to repair and make operational the binnable receiving case conveyor; demolish, dispose and replace the existing bulk receiving pallet conveyor system in Bldg. 499, Zone 1 and replace, install, test and make operational a new bulk receiving conveyor system in Bldg. 499, Zone 1. The Government intends to award one contract as a result of this RFQ and will be issued on a Standard Form (SF) 1449.

4. This RFQ is being solicited on an unrestricted basis. The North American Industry Classification System (NAICS) code for this project is 333922 and the size standard is 500 employees.

5. This labor requirement to repair and make operational the binnable receiving case conveyor is subject to the Service Contract Act. Wage Determination No. 2015-5277 Revision No. 11 date 12/26/2018 is provided as Attachment 6.

Pursuant to FAR 52.222-42, Statement of Equivalent Rates for Federal Hires, the following data is provided for information purposes only and is not a Wage Determination. The Wage Grade equivalent to this position is as follows:

Heavy Equipment Mechanic = $20.85 per hour (WG-08, Step 1)

6. DELIVERY: ALL UNIT PRICES SHALL BE QUOTED AS FOB DESTINATION PRICING.

Delivery/Install: The items shall be shipped as follows:

DLA Distribution Red River, TX DODAAC: SB3213 Building 499 10th Street and Avenue K Texarkana, TX 75507-5000

USA

7. INSURANCE: Reference FAR Clause 52.228-5 Insurance-Work on a Government Installation located in this solicitation. The minimum amount/kind of insurance is shown below:

Workers’ Compensation and Employer’s Liability - $100,000 (except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers).

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

When requested by the Contracting Officer, the Contractor shall provide a copy of all subcontractors’ proofs of required insurance no later than five (5) days before each subcontractor commences work on the Government installation.

8. CONTRACT PRICING: CLINs 0009 and 0010 are time and material CLINs. Reference FAR 52.212-4 Alt I, the contractor shall be reimbursed for actual hours incurred only for the labor to make operational the existing Receiving Case Conveyor Systems SERIES (100, 200, and 300 conveyors). 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 CLIN 0010 shall not exceed the contractor’s established catalog or commercial market price. If the contractor obtains a part at a discounted cost, the contractor shall pass the savings on to the Government. The contractor will be required to provide invoices and/or proof of pricing for the contractor purchased parts.

9. SYSTEM FOR AWARD MANAGEMENT (SAM): A prospective awardee shall be registered in the System for Award management (SAM) database by the quotation submission date, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the SAM website at http://www.sam.gov. Contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM) Database.

Company Name: _____________________________________________ Company Address: _____________________________________________ Telephone: _____________________________________________ CAGE Code: _____________________________________________ Point of Contact: _____________________________________________

EMAIL: _____________________________________________

Manufacturer: _____________________________________________

10. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area WorkFlow. See DFARS Clause 252.232-7006.

11. Partial Payments:

a. Partial Payments IAW Far 32.102(d) are authorized under this purchase order (acquisition for the solicitation/po for the award) as specified below: Payment 1: Actual cost of materials delivered and accepted by the Contracting Officer Representative (COR) to be validated with supplier invoices. Payment 2: Installation of material and verification by the COR that the system is functional. The total value of the partial payments shall not exceed 70 percent of the total dollar of the purchase order.

b. All material and work covered by the partial payments shall, at the time of payment, become the sole property of the Government, but this shall not be construed as: (1) Relieving the contractor from the sole responsibility for all material and work upon which payments have been made for the restoration of any damaged work; or (2) Waiving the right to the Government to require the fulfillment of all the terms of the contract.

c. Final payment of the purchase order shall be made upon final acceptance of all deliverables by the Government and completion of final operational test.

d. The final payment shall be the total price less Payments 1 and 2.

12. 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.

http://www.sam.gov/

13. SITE VISIT: Date – 17 April 2019, Time - 9:00 AM Central Standard Time, Location – DLA Distribution Red

River, Texas, BLDG. 499. Please provide an email to benjamin.bailey@dla.mil and mogen.gilson@dla.mil by no later than 10 April 2019 if you are interested in attending the site visit. Upon arrival, contractor shall possess a valid driver’s license and proof of insurance. Contractor will be met at the pass office and signed in for a one-day pass.

14. SUBCONTRACTING PLAN (LARGE BUSINESSES ONLY)

In accordance with FAR 19.704, FAR clause 52.219-9 (Alt II), and DFARS 252.219-7003 (Basic), a subcontracting plan is required from all large business offerors responding to this solicitation. Large Business Offerors shall demonstrate an acceptable subcontracting plan by addressing all the required elements of FAR 52.219-9 using Attachment 4 of the solicitation and shall include the broadest possible scope of small business participation. All large business offerors shall provide in their subcontracting plan a description of the efforts each will make to assure that Small Business (SB); Small Disadvantaged Business (SDB); Women-Owned and Economically Disadvantaged Women-Owned Small Business (WOSB/EDWOSB); Service-Disabled and Veteran-Owned Small Business (SDVOSB/VOSB); and, HUBZone Small Business (Hzn) concerns will have equal opportunity to compete for subcontracts under any resulting contract. Large Business offerors shall also clearly define the roles and responsibilities between the prime and subcontractors in the proposed subcontracting plan. Subcontracting goals should be set at a level that the parties reasonably expect can result from the offeror expending good faith efforts to use Small Business, Veteran-Owned Small Business, Service- Disabled Veteran-Owned Small Business, HUBZone Small Business, Small Disadvantaged Business, and Woman-Owned Small Business subcontractors to the maximum extent practicable. Large Business Offerors shall provide substantiating documentation to demonstrate the above requirements. The Small Business Subcontracting Plan will become part of the resultant contract.

15. SMALL BUSINESS PARTICIPATION COMMITMENT DOCUMENT (SBPCD) (ALL

OFFERORS)

All offerors (both other than small business and small business) shall provide the following SBPCD requirements using Attachment 5 and provide substantiating documentation to demonstrate how the offeror will meet these requirements. This required information will be used in the performance of this acquisition (as small business prime offerors or small business subcontractors) relative to Evaluation, Factor 3, Small Business Participation Commitment Document. These SBPCD requirements will become part of the resultant contract.

The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying process.

PLEASE NOTE: Funding is currently not available for this project. An award will not be issued until funding is available. It is required that contractors hold their pricing for sixty (60) days from the Request For Quotation (RFQ) due date.

ATTACHMENTS:

Attachment 1 – Statement of Work Attachment 2a – Drawings Attachment 2b – Drawings Attachment 2c – Drawings AutoCAD Attachment 2d – Drawings AutoCAD Attachment 3 – Schedule of Supplies Attachment 4 – Subcontracting Plan Template Attachment 5 – Small Business Participation Commitment Document Attachment 6 – DoL Wage Determination No. 2015-5277 Revision No. 11 dated 12/26/2018 Exhibit 1 – Contract Data Requirements List (CDRL) mailto:benjamin.bailey@dla.mil mailto:mogen.gilson@dla.mil

SCHEDULE OF SUPPLIES

SEE ATTACHMENT 3 – SCHEDULE OF SUPPLIES

The following clauses are incorporated by reference:

ADDENDA TO 52.212-4 (Contract Terms and Conditions-Commercial Items) OCT 2018

FAR 52.203-3 – Gratuities (APR 1984) FAR 52.203-12 – Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) FAR 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) FAR 52.204-4 – Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) FAR 52.204-9 – Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.204-13 – System for Award Management Maintenance (OCT 2018) FAR 52.204-17 – Ownership or Control of Offeror (July 2016) FAR 52.204-18 – Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.204-19 – Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.204-20 – Predecessor of Offeror (JUL 2016) FAR 52.209-10 – Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) FAR 52.217-7 – Option for Increased Quantity – Separately Priced Line Item (MAR 1989) FAR 52.223-5 – Pollution prevention and Right-to-Know Information (MAY 2011) FAR 52.223-6 – Drug-Free Workplace (May 2001) FAR 52.223-10 – Waste Reduction Program (MAY 2011) FAR 52.227-1 – Authorization and Consent (DEC 2007) FAR 52.227-2 – Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) FAR 52.228-5 – Insurance – Work on a Government Installation (JAN 1997) FAR 52.229-3 – Federal, State, and Local Taxes (FEB 2013) FAR 52.232-1 – Payments (APR 1984) FAR 52.232-8 – Discounts for Prompt Payment (FEB 2002) FAR 52.232-11 – Extras (APR 1984) FAR 52.232-17 – Interest (MAY 2014) FAR 52.232-23 – Assignment of Claims (MAY 2014) FAR 52.232-39 – Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.233-1 – Disputes (MAY 2014) FAR 52.237-2 – Protection of Government Building, Equipment, and Vegetation (APR 1984) FAR 52.242-5 – Payments to Small Business Subcontractors (JAN 2017) FAR 52.242-13 -- Bankruptcy (JUL 1995) FAR 52.242-15 – Stop-Work Order (AUG. 1989) FAR 52.246-2 -- Inspection of Supplies – Fixed Price (AUG 1996) FAR 52.246-16 – Responsibility for Supplies (APR 1984) FAR 52.247-34 – F.o.b. Destination (NOV 1991) FAR 52.253-1 – Computer Generated Forms (JAN 1991) DFARS 252.203-7000 -- Requirements Relating to Compensation of Former DoD Officials (SEP 2011) DFARS 252.203-7002 – Requirement to Inform Employees of Whistleblower Rights (SEP 2013) DFARS 252.204-7000 – Disclosure of Information (OCT 2016) DFARS 252.204-7003 – Control of Government Personnel Work Product (APR 1992)

DFARS 252.204-7004 – Level I Antiterrorism Awareness Training for Contractors (FEB 2019) DFARS 252.204-7012 -- Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016) DFAR 252.204-7014 – Limitation on the Use or Disclosure of Information by Litigation Support Contractors

(MAY 2016)

DFARS 252.204-7015 -- Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) DFARS 252.205-7000 -- Provision of Information to Cooperative Agreement Holders (DEC 1991) 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 (OCT 2015) DFARS 252.211-7003 -- Item Unique Identification and Valuation (MAR 2016) DFARS 252.223-7006 – Prohibition on Storage, Treatment and Disposal of Toxic or Hazardous Materials

(SEP 2014)

DFARS 252.223-7008 -- Prohibition of Hexavalent Chromium (JUN 2013) DFARS 252.225-7002 -- Qualifying Country Sources as Subcontractors (DEC 2017) DFARS 252.225-7012 -- Preference for Certain Domestic Commodities (DEC 2017) DFARS 252.225-7021 -- Trade Agreements (DEC 2017) DFARS 252.225-7048 –- Export Controlled Items (JUNE 2013) DFARS 252.226-7001 -- Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) DFARS 252.227-7015 -- Technical Data -- Commercial Items (FEB 2014) DFARS 252.227-7037 -- Validation of Restrictive Markings on Technical Data (SEP 2016) DFARS 252.232-7003 -- Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) DFARS 252.232-7010 -- Levies on Contract Payments (DEC 2006) DFARS 252.243-7001 – Pricing of Contract Modifications (DEC 1991) DFARS 252.243-7002 -- Requests for Equitable Adjustment (DEC 2012) DFARS 252.244-7000 – Subcontracts for Commercial Items (JUN 2013) DFARS 252.247-7003 -- Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013) DFARS 252.247-7023 -- Transportation of Supplies by Sea (FEB 2019) DLAD 52.204-9000 – Contractor Personnel Security Requirements (JUL 2015)

The following clauses are incorporated by full text:

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial Items (JAN 2019)

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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.]

_x__ (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 (Oct 2015) (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 (Oct 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_x__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_x__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_x__ (17) (i) 52.219-9, Small Business Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_x__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

_x__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_x__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_x__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

_x__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_x__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_x__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_x__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_x__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (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 (Oct 2015) (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) (E.O.

13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (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.

_x__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C.

3332).

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

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (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.

___ (iii) Alternate II (Feb 2006) 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

_x__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_x__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

Employee Class Monetary Wage -- Fringe Benefits

WG-08, Step 1, Heavy Equipment Mechanic $20.85 per hour

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

_x__ (5) 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).

___ (6) 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).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_x__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

_x__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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 (Jan 2019) (41 U.S.C. 3509).

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 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.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

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

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

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

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

(xxi) 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.

(xxii) 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)

FAR 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

DFARS 252.201-7000 -- CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991)

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of Clause)

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” link on the WAWF home page at https://wawf.eb.mil/

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

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

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/

(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.

_____________2 in 1 Invoice_______________________________________________

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

________________________N/A____________________________________

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SP3300

Admin DoDAAC** SP3300

Inspect By DoDAAC N/A

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) SP3300

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

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

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

(g) WAWF point of contact.

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

N/A

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

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

(End of clause)

THE FOLLOWING LINK IS FOR GOVERNMENT USE ONLY (PAYMENT INSTRUCTIONS):

(https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions)

L06 Agency Protests (DEC 2016)

Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.

SOLICITATION PROVISIONS:

The following provisions are incorporated by reference:

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

(SEP 2007)

FAR 52.203-18 – Prohibition on contracting with entities that require certain internal confidentiality agreements or statements representation (JAN 2017) https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

FAR 52.204-7 – System for Award Management (OCT 2018) FAR 52.204-16 - Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.209-2 – Prohibition on contracting with inverted domestic corporations—representation (NOV 2015) FAR 52.222-22 – Previous contracts and compliance reports (FEB 1999) FAR 52.222-25 – Affirmative action compliance (APR 1984) FAR 52.223-22 – Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (DEC

2016) FAR 52.225-18 – Place of Manufacture (AUG 2018) FAR 52.225-25 - Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications (AUG 2018) DFARS 252.203-7005 – Representation relating to compensation of former DOD officials (NOV 2011) DFARS 252.204-7007 – Alternate A, Annual Representations and Certifications (DEC 2018) DFARS 252.204-7008 - Compliance with safeguarding covered defense information controls (Oct 2016) DFARS 252.213-7000 – Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past

Performance Evaluations (MAR 2018) DFARS 252.225-7035 - Buy American – Free Trade Agreements – Balance of Payments (NOV 2014) DFARS 252.247-7022 - Representation of Extent of Transportation by Sea (AUG 1992)

The following provisions are incorporated by full text:

FAR 52.209-7 -- Information Regarding Responsibility Matters (OCT 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

(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

(2) 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 52.216-1 Type of Contract (APR 1984) https://www.sam.gov/

The Government contemplates award of a hybrid Firm-Fixed-Priced Contract with Time and Material CLINs resulting from this solicitation.

(End of Provision)

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

(FEB 2007)

(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 52.233-2 -- Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from DLA Distribution J7 Acquisition Operations, Attn. Donna Kautz, Contracting Officer, 430 Mifflin Ave, Suite 3102A, New Cumberland, PA 17070-5008.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

FAR 52.252-1 -- SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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://www.arnet.gov/far http://farsite.hill.af.mil

(End of Provision)

DLAD 52.233-9001 Disputes – Agreement to Use Alternative Dispute Resolution (ADR) (DEC 2016)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If 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 FAR 52.233- 1), or, for the Agency, by the…