W15QKN-19-Q-1164.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

Joint Base MDL, NEW JERSEY 08640 Combined Synopsis/Solicitation # W15QKN-19-Q-1164

I) INTRODUCTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation Number W15QKN-19-Q-1164 is issued as a Request for Quotation (RFQ) to fulfill 200th Military Police Command’s requirement to procure transponders and an account for the pass-through of EZ Pass tolls. The Period of Performance (POP) is 06 June 2019 through 05 June 2024, it will be a 1-year base period with four 1-year option periods. This action is be competed Full and Open under NAICS code 488490 – Other Support Activities for Road Transportation. The size standard for NAICS 488490 is $7.5M. The requirement shall consist of a Contract Line Item Numbers (CLINS): for the 350 vehicles totaling 775 axles and the second for 15 passenger axle vehicles. The transponders SHALL be delivered by 27 May 2019, along with the account being activated on 06 June 2019. The account will be funded for $24,000.00NTE for each year of the contract. Any additional fees for transfer for account or transponders shall be priced out. Specific requirements are listed in the Statement of Work.

All proposals shall contain the minimum information required under FAR 52.212-1, Instructions to Offerors, Commercial Items (Oct 2018) to include its associated addendum. Your proposal, in accordance with FAR 52.212-3 Offeror Representations and Certifications, Commercial Items (Oct 2014), shall list your DUNS number, CAGE code, Company name, Point of Contact, and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/. Lack of registration in the SAM database will make an offeror ineligible for award. The vendor must also be registered in Wide Area Work Flow to receive payment through electronic funds transfer. If you are not currently registered, please visit the following website https://wawf.eb.mil/ to complete your registration.

In accordance with FAR 52.212-2, the Government intends to make an award to the Contractor who submits the Lowest Price Technically Acceptable (LPTA) quote, and deemed responsive and responsible by the Contracting Officer. Offeror must meet the requirements as specified in the Statement of Work (SOW) and this RFQ. The anticipated award will be a Firm Fixed-Price contract. Offerors must submit quotes on the full quantity identified. Failure to submit all information requested in the instruction to offerors could be cause for rejection of the entire quote. The Contracting Officer reserves the right to make no award under this procedure.

II) 52.212-1 INSTRUCTIONS TO OFFERORS (ADDENDUM)

1. All questions shall be in writing. Questions may be emailed to Din Boljevic at Medin.Boljevic.civ@mail.mil NLT 10 MAY 2019 @ 1300EST.

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

2. All offers shall be in writing. Quotes / offers must be emailed to Din Boljevic at Medin.Boljevic.civ@mail.mil. Quotes are due NLT 1300 Eastern Standard Time on 13 May 2019. Responses should be marked with Solicitation Number W15QKN-19-Q-1164 on both the quote and in the subject line of the email.

3. The proposal must include the following information:

a. Technical:

i. Agreements/Certification with EZ Pass that allows for the pass-through of EZ

Pass tolls;

ii. Confirm, and elaborate how, the transponders will be delivered no later than 27

May 2019, and

iii. Completed solicitation terms and conditions.

b. Price: Evaluation will be determined by the baseline amount being funded for the account, which is $24,000.00NTE, along with any additional fees/costs. The contract will be awarded to the LPTA baseline quote. If there are multiple contractors that have equal LPTA baseline quotes we will determine the LPTA awardee with whomever has the lowest weighted average toll rate of a Two-Axle Truck for the listed bridges and tolls below. The percentages next to the prices are weighted based on how often the customer uses those bridges and tolls on a given week. The Government will multiply the offeror’s propose toll rate for each bridge and multiply it by the corresponding weighted percentage to arrive at a Weighted Average Toll Rate for each bridge. The Weighted Average Toll Rate for each bridge will then be added together to arrive at the Government’s total evaluated Weighted Rate. Offeror’s may also propose multiple Toll Fees (if applicable), based upon either the day (weekday, weekend, etc.) or time off day (peak, non-peak hours, etc.). The Government will evaluate these multiple fees by calculating an average daily rate (5 X weekday rate + 2 X weekend rate, and divide by 7) and average peak/non-peak rate (peak rate X hours of peak rate + non-peak rate X hours of non-peak rate, and divide by 24). Pricing must be submitted in the proper format.

Please follow the format on the Weighted Toll Rate Determination Excel Spreadsheet.

If there are multiple toll rates for a certain bridge or toll (Peak Hour Rate vs Off-Peak Hour Rate or Incoming Rate vs Outgoing Rate), follow the instructions on the attached Excel Spreadsheet titled “Weighted Toll Rate Determination”

Bridge/Toll Percentage Verrazano Bridge 40% Goethals Bridge 40%

George Washington Bridge 10% Throgs Neck Bridge 5%

Bronx-Whitestone Bridge 5%

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

4. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items necessary to provide the contracted services.

5. Contractors shall quote on all CLINs. CLIN pricing should be all inclusive of labor, labor burden, other direct cost (material, equipment, fees, licenses, etc), G&A and profit.

6. Line Item pricing should include all applicable taxes, fees, gratuities, commissions, services charges, etc. The federal government is tax exempt.

7. All representations and certifications to include provision of Dun & Bradstreet number are to be returned with the quote. Dun and Bradstreet information can be found by calling (800)-333- 0505. A contractor that is receiving an award resulting from this request for quotation must be registered in the System for Award Management (SAM) prior to contract award. To register, offerors may log onto: www.sam.gov.

Dun and Bradstreet #__________________________ CAGE (commercial and government entity) code___________________ Federal Tax ID __________________

8. If the offeror is a third party, the offeror may only submit one offer/quote. If more than one is submitted the offeror will not be eligible for contract award.

9. If any section of this addendum conflicts with FAR Clause 52.212-1, the addendum shall take precedence.

III) 52.212-2 EVALUATION-COMMERCIAL ITEMS (MODIFIED)

(a) The Government will award a contract resulting from this solicitation to the responsive* responsible** offeror whose offer/quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government intends to award a single contract to an offeror whose proposal is determined to be the lowest priced technically acceptable based on the following evaluation factors:

(1) Technical - Technical Capability will be evaluated to determine if the contractor’s quote is acceptable in providing the Government’s requirements set forth in the Statement of Work (SOW). As well as:

a. Agreements/Certification with EZ Pass that allows for the pass-through of EZ Pass tolls;

b. Confirm, and elaborate how, the transponders will be delivered no later than 27 May 2019, and

c. Completed solicitation terms and conditions.

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

(2) Price - Price will be evaluated to determine if the offerors proposed price is fair, reasonable, and balanced using price analysis techniques in accordance with the guidelines in FAR 15.404-1(b). Unreasonably high or unrealistically low proposed prices may be grounds for eliminating a proposal from consideration.

Evaluation will be determined by the baseline amount being funded for the account, which is $24,000.00NTE, along with any additional fees/costs. The contract will be awarded to the LPTA baseline quote. If there are multiple contractors that have equal LPTA baseline quotes we will determine the LPTA awardee with whomever has the lowest weighted average toll rate of a Two-Axle Truck for the listed bridges and tolls below. The percentages next to the prices are weighted based on how often the customer uses those bridges and tolls on a given week. The Government will multiply the offeror’s propose toll rate for each bridge and multiply it by the corresponding weighted percentage to arrive at a Weighted Average Toll Rate for each bridge. The Weighted Average Toll Rate for each bridge will then be added together to arrive at the Government’s total evaluated Weighted Rate. Offeror’s may also propose multiple Toll Fees (if applicable), based upon either the day (weekday, weekend, etc.)

or time off day (peak, non-peak hours, etc.). The Government will evaluate these multiple fees by calculating an average daily rate (5 X weekday rate + 2 X weekend rate, and dived by 7) and average peak/non-peak rate (peak rate X hours of peak rate + non-peak rate X hours of non-peak rate, and divide by 24). Pricing must be submitted in the proper format. Please follow the format on the Weighted Toll Rate Determination Excel Spreadsheet.

(b) The offeror must provide information in sufficient detail to permit a complete and accurate evaluation of the previous factors. All non-priced factors will be evaluated on an “Acceptable” or “Unacceptable” basis. The factors identify the minimum requirements that are key to successful contract performance. An offeror must receive an “Acceptable” rating for all non-price factors to be considered for award. All offerors that are given an “Acceptable” rating on both technical and past performance will then be evaluated on price.

Technical Acceptable/Unacceptable Ratings Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

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

Note: 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 (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

(c) The contractor’s offer shall remain valid for 60 days.

**Responsibility shall be determined in accordance with FAR Part 9.

IV) SUPPLIES OR SERVICES BID SCHEDULE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 EZ-Pass Account +

Additional Fees

1 LOT $ $

Account = $24,000.00NTE Additional Fees = _________

Base Period:

Period of Performance is from 06 June 2019 through 05 June 2020

365 transponders to support the 333rd MP BDE’s fleet, of over 350 technical vehicles and government authorized multiple axle vehicles, and 15 passenger vehicles.

The transponders SHALL be delivered by 27 May 2019, along with the account being activated on 06 June 2019.

Contractor shall only draw from account for tolls utilized.

All work shall be performed in accordance with the Statement of Work.

NET AMT $

OPTION

EZ-Pass Account + Additional Fees

1 LOT $ $

Account = $24,000.00NTE Additional Fees = _________

Option Period 01:

Period of Performance is from 06 June 2020 through 05 June 2021

365 transponders to support the 333rd MP BDE’s fleet, of over 350 technical vehicles and government authorized multiple axle vehicles, and 15 passenger vehicles.

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

OPTION

EZ-Pass Account + Additional Fees

1 LOT $ $

Account = $24,000.00NTE Additional Fees = _________

Option Period 02:

Period of Performance is from 06 June 2021 through 05 June 2022

365 transponders to support the 333rd MP BDE’s fleet, of over 350 technical vehicles and government authorized multiple axle vehicles, and 15 passenger vehicles.

OPTION

Account + Additional Fees

1 LOT $ $

Account = $24,000.00NTE Additional Fees = _________

Option Period 03:

Period of Performance is from 06 June 2022 through 05 June 2023

365 transponders to support the 333rd MP BDE’s fleet, of over 350 technical vehicles and government authorized multiple axle vehicles, and 15 passenger vehicles.

OPTION

Account + Additional Fees

1 LOT $ $

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

Account = $24,000.00 Additional Fees = _________

Option Period 04:

Period of Performance is from 06 June 2023 through 05 June 2024

365 transponders to support the 333rd MP BDE’s fleet, of over 350 technical vehicles and government authorized multiple axle vehicles, and 15 passenger vehicles.

V) INSPECTION AND ACCEPTANCE:

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Government Government Government Government 1001 Government Government Government Government 2001 Government Government Government Government 3001 Government Government Government Government 4001 Government Government Government Government

VI) STATEMENT OF WORK

PERFORMANCE WORK STATEMENT

333RD Military Police Brigade

25 Baiting Place Rd. Farmingdale, NY 11735

EZ Pass Contract 11318318

(This Performance Work Statement is subject to change)

1.0 OBJECTIVE

1.1. This Performance Work Statement (PWS) defines the efforts required for EZ pass contract for the 1 year base and 4 one-year option periods to support 333rd MP BDE convoy mission in the North East Region.

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

2.0 BACKGROUND

333rd Military Police Brigade has a requirement to support Brigade mission requirement to cross tolls in the north eastern metropolitan region. Their training and operations within the Tri-State area are increasing in tempo and thus EZPASS allows Continuity of operations and extends their operational reach.

3.0 REQUIREMENT

3.1. Requirement: The contractor shall provide 365 transponders to support the 333rd MP BDE’s fleet, of over 350 technical vehicles and government authorized multiple axle vehicles, and 15 passenger vehicles. These transponders provided shall allow for the pass-through of all EZ Pass tolls.

3.2. Period of Performance: Contract needs to commence on 06 June 2019 and continue for 5 years (1 year base and 4 one-year option years) based on funding availability.

3.3. Place of Performance: Contract will be administered from 25 Baiting place Rd. BDE HQ S4 Office.

3.4. ADVANCE NOTIFICATION PERIOD: The Government reserves the right to cancel any or all portions of a reservation one week prior to the start date. The cancellation notice will be issued by the Contracting Officer (KO).

4.0 SCOPE OF WORK

4.1. 350 tactical vehicles totaling 775 axles and 15 passenger axle vehicles. Invoicing to occur at the rate of $24,000.00. Contract will be renewed every year on the basis of usage or demand analysis.

5.1. Hard Copy Invoicing:

The Contractor shall also provide a hard copy invoice to support WAWF invoicing.

6.0 DEFINITIONS

6.1. CONTRACTOR: NY EZ Pass Service Center

6.2. CONTRACTING OFFICER: The government official who has authority to enter into contract, administer or terminate contracts. He/she can make related determinations and findings

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

on behalf of the government. The Contracting Officer is the ONLY individual who can legally bind the government.

6.3 The primary point of contract will be Hidalgo, Armany 1LT FI 333rd MP BDE email armany.j.hidalgo.mil@mail.mil or 917-815-2033. Venezia, Mark LMS 333rd MP BDE email mark.y.venezia.civ@mail.mil or 631-612-0562

VII) CONTRACT PROVISIONS/CLAUSES

DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements (AUG 1996) 52.204-7 System for Award Management (OCT 2018) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018) 52.212-3 Alt 1 Offeror Representations and Certifications—Commercial Items (OCT 2014) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-3 Protest After Award (AUG 2004) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.239-1 Privacy or Security Safeguards (AUG 1996) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employee of Whistleblower Rights (SEP 2013) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2011) 252.204-7000 Disclosure of Information (OCT 2016) 252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016) 252.204-7015 Disclosure of Information to Litigation Support Contractors (MAY 2016)

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials

(SEP 2014)

252.225-7031 Secondary Arab Boycott of Israel (JUN 2005) 252.225-7048 Export-Controlled Items (JUNE 2013) 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State

Sponsor of Terrorism 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.247-7023 Transportation of Supplies by Sea (APR 2014)

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC/2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2018)

(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 and 108-78 (19 U.S.C. 3805 note)).

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

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

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

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

3509).

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

__XX__ (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).

_XX__ (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).

____ (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.

____ (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).

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003).

____ (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.

____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting 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)).

____ (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).

__XX__ (22) 52.219-28, Post Award Small Business Program Representation (July 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)).

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

____(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)).

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

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

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

XX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

____ (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.

XX (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.

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

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

____ (ii) Alternate I (March 2, 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

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

acquisition of commercially available off-the-shelf items.)

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

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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 Televisions (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[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (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.

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

____ (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.

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

XX (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.

____ (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)).

XX (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 (July 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

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

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).

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

____ (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).

_____ (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).

_____ (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).

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

13658).

_____ (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.

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

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

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

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, 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 (l) of FAR clause 52.222-17.

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (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) ___XX__ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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) (E.O. 13658).

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

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

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

(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.

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

(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.

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://farsite.hill.af.mil/

252.232-7006 Wide Area Workflow Payment Instructions (MAY 2013)

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.

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

WAWF access. To access WAWF, the Contractor shall--

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

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

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

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/.

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

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

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

Invoice and Receiving Report (Combo)

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

DESTINATION

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 HQ0490 Issue By DoDAAC W15QKN Admin DoDAAC W15QKN Inspect By DoDAAC W90EWT Ship To Code W90EWT Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) W90EWT Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

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

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

medin.boljevic.civ@mail.mil adrian.d.sledge.civ@mail.mil

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

medin.boljevic.civ@mail.mil adrian.d.sledge.civ@mail.mil

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

Point of Contact:

Din Boljevic – Contract Specialist Medin.Boljevic.civ@mail.mil Commercial #: 609-562-3604

Attachments:

(A) Weighted Toll Rate Evaluation – EZ Pass.xlsx