W15QKN20Q5072-RFQ-LIK Missouri~Final.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

JOINT BASE MDL, NEW JERSEY 08640

SOLICITATION # W15QKN20Q5072

Point of Contact:

Brianna Feaster—Contract Specialist brianna.feaster.civ@mail.mil Commercial # (609) 562- 3857

REQUEST FOR QUOTE (RFQ)

I) INTRODUCTION:

This is a solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

Solicitation Number W15QKN20Q5072 is issued as a Request for Quotation (RFQ) to fulfill 354th Military Police Company’s requirement to procure Lodging and Meals in St. Louis, Missouri. The Period of Performance is 11 April 2020 through 14 April 2020 for both the lodging and meals with check out 14 April 2020. This action is 100% Women Owned Small Business (WOSB) Program Set-Aside under NAICS code 721110 – Hotels (except Casino Hotels) and Motels. The size standard for NAICS 721110 is $35 million. The requirement shall consist of 2 Contract Line Item Numbers (CLINS): the first for 210 lodging rooms (70 double occupancy rooms) for a total of three nights for 138 Soldiers. The second CLIN is for 1,242 meals consisting of two meals (Lunch and Dinner) on 11 April 2020, three meals (Breakfast, Lunch and Dinner) on 12 and 13 April 2020 and one meal (Breakfast) on 14 April 2020. Specific requirements are listed in the Statement of Work (SOW) via Section VI of this RFQ.

All quotes 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 2018), 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://beta.sam.gov/. 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

REPLY TO

ATTENTION OF

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 RFQ. The Government CANNOT accept pricing above the locations’ per diem rate.

II) 52.212-1 INSTRUCTIONS TO OFFERORS (ADDENDUM):

1. All questions shall be in writing. Questions may be emailed to Brianna Feaster at brianna.feaster.civ@mail.mil.

2. All offers shall be in writing. Questions and Quotes / offers must be emailed to Brianna Feaster at brianna.feaster.civ@mail.mil. A courtesy copy shall also be emailed to Wendella Baptiste at wendella.a.baptiste.civ@mail.mil. Quotes are due no later than 10:00 AM Eastern time on 02 March 2020. Responses should be marked with Solicitation Number W15QKN20Q5072 on both the quote and in the subject line of the email.

3. The proposal must include the following information:

a. Technical:

i. Facility information for the lodging listing the name, location, and an onsite point of contact (POC) for the proposed facilities that can be reached from the commencement to the conclusion of the resulting contract;

ii. An assessment of the lodging facility addressing the security and amenity requirements as detailed in the SOW;

iii. Verification of the Federal Emergency Management Agency (FEMA) Certification of the proposed lodging facility (certifications can be found at https://apps.usfa.fema.gov/hotel/).

iv. Subcontracting agreements (if any); and

v. Completed solicitation terms and conditions.

b. Past Performance: Relevant (within 3 years) past or present performance for a similar requirement.

c. Price: Pricing for each Line Item. Pricing must be submitted in the proper format. The proper format consists of QUANTITY * UNIT AMOUNT = NET AMT. In the event there is a difference between a unit price and the extended total, the unit price will be held to the intended price. If the Quoter/Offeror shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended price.

d. Third party providers must include the additional information requested in paragraph 4 below. Failure to provide this information with your quote may deem your quote non-responsive.

4. This is not a solicitation for event planning services. For a proposal submitted by an offeror that is not a hotel, caterer, or restaurant, the offeror must submit with their technical proposal, for evaluation, a description of the offeror’s technical approach for providing the requested services as the prime contractor. Again this not a solicitation for event planning services. An offer which requires the government to execute a separate agreement with a third party hotel shall be deemed technically unacceptable.

Also, all 3rd party offerors must provide a 3rd party agreement with your offer/quote. If not provided, your offer will be considered as non-responsive and not be further considered for award.

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

6. 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.

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

8. Room rates and meal rates shall not exceed the government travel per diem rates in accordance with Joint Federal Travel Regulations (JFTR).

9. 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: https://beta.sam.gov/.

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

10. 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.

11. 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 the likelihood that the Government’s requirements in the Statement of Work (SOW) can be achieved. A Government representative may conduct an onsite assessment of the proposed lodging facility prior to contract award to verify the cleanliness, safety, amenities, and security of the facilities as described in the SOW.

(2) Past Performance - The Government will review the past performance information provided by the offerors in their proposal and any other past performance information independently uncovered. The Government will first determine if the past performance information is relevant to the instant action (similar in size, nature and complexity) and is recent (within the last three years).

(3) 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.

(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.

Past Performance Evaluation Ratings

Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

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.”

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

* Responsive is defined as a complete (conforms to all requirements in the “Instructions to Offerors” section of this document) offer/quote received before the closing date found in block 8 of the SF 1449).

**Responsibility is determined in accordance with FAR Part 9.

IV) SUPPLIES OR SERVICES BID SCHEDULE:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

0001 Lodging 210 Each $ $

70 DOUBLE OCCUPANCY FOR 3 NIGHTS FFP

CHECK IN DATE – SATURDAY, 11 APRIL 2020

CHECK OUT DATE – TUESDAY, 14 APRIL 2020

TOTAL = 210 ROOMS

The contractor shall provide late checkout option.

Quantities in this requirement are estimates. Contractor shall invoice for actual rooms provided only. Actual rooms provided in accordance with the terms and conditions of this contract will be accepted and paid for by the Government.

The Federal Government is tax exempt. This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

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

NET AMT $

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

0002 Food and Beverage 1 Lot $ $

Breakfast: 138 Soldiers for 3 days for 414 meals Lunch: 138 Soldiers for 3 days for 414 meals Dinner: 138 Soldiers for 3 days for 414 meals

Starting on 11 April 2020 Ending on 14 April 2020

BREAKDOWN:

11 April 2020: 2 meals (lunch and dinner) 12 April 2020: 3 meals (breakfast, lunch, dinner) 13 April 2020: 3 meals (breakfast, lunch, dinner) 14 April 2020: 1 meal (breakfast)

TOTAL = 1,242 MEALS

Saturday 11 April 2020 Total Shall NOT exceed per diem rate Lunch: 138 soldiers @ ________ =_________ Dinner: 138 soldiers @ ________ =_________ Total Amount:________

Total amount for all meals.

Sunday 12 April 2020 Total Shall NOT exceed per diem rate Breakfast: 138 soldiers @ ________ =_________ Lunch: 138 soldiers @ ________ =_________ Dinner: 138 soldiers @ ________ =_________ Total Amount:________

Monday 13 April 2020 Total Shall NOT exceed per diem rate Breakfast: 138 soldiers @ ________ =_________ Lunch: 138 soldiers @ ________ =_________ Dinner: 138 soldiers @ ________ =_________ Total Amount:________

Tuesday 14 April 2020 Total Shall NOT exceed per diem rate Breakfast: 138 soldiers @ ________ =_________ Total Amount:________

Quantities in this requirement are estimates. Contractor shall invoice for actual meals provided only. Actual meals provided in accordance with the terms and conditions of this contract will be accepted and paid for by the Government.

This price includes all applicable taxes, fees, gratuities, commissions, and service charges.

NET AMT $

V) INSPECTION AND ACCEPTANCE:

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government

VI) STATEMENT OF WORK:

Statement of Work (SOW) For

Lodging In Kind (LIK) with Meals

St. Louis, Missouri

1. GENERAL: The Army Contracting Command—New Jersey, in support of the 354th Military Police Company (MP CO), has a requirement for lodging and meals for a three day Pre- Mobilization training event in St. Louis, Missouri.

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to provide lodging and meal services for 138 Soldiers during their Pre-Mobilization Training Event starting on 11 April 2020 and ending on 14 April 2020 as defined in this Statement of Work (SOW).

2. References:

a) Army Training and Doctrine Command Housing Standards (TRADOC)

b) Army Regulation (AR) 30-22

3. PURPOSE: Lodging and meals are required to support Soldiers attending the Pre- Mobilization Training Event, located at 4301 Goodfellow Blvd, St. Louis MO 63120. The lodging facility and meals must adhere to TRADOC and AR 30-22, section 3-24. Soldiers shall be housed at a maximum of two Soldiers per room. The AR 30-22 states that Soldiers shall have access to three square meals per day, served in compliance with the published/listed nutrition standards.

The lodging facility shall support the requested amount of 70 double rooms for Soldiers attending the Pre-Mobilization Training Event. The period of performance is for three (days) 11 April through 14 April 2020.

The lodging facility shall support a total maximum amount of 70 double rooms for 138 Soldiers. The meals necessary include breakfast, lunch, and dinner for 138 Soldiers.

Billeting: All rooms shall be at one location and shall be within a 15-mile radius of 4301 Goodfellow Blvd, St. Louis MO 63120. The distance will be calculated by estimating the distance from the hotel to the exact address provided above. The distance will be calculated by using Google Maps.

Period of Performance: 11 April 2020 through 14 April 2020, a total of three room nights.

4. DESCRIPTION:

4.1 Lodging:

DAY DATE TOTAL # OF ROOMS

SATURDAY April 11, 2020 70 SUNDAY April 12, 2020 70 MONDAY April 13, 2020 70

Total number of double occupancy rooms: 210

All rooms are to be located at the same facility.

Sleeping rooms shall be provided at or below the prevailing per diem rates in accordance with the per diem thresholds.

Rooms shall be constructed and finished to provide good light and sound attenuation. Access to individual rooms shall have interior access.

Sufficient electrical outlets shall be available and in good working condition.

All entrance doors to rooms shall have interior security locks, either deadbolt or double locking locks. Each room occupant shall be provided with a room key. Access to sleeping rooms shall be via interior corridors.

Bathrooms must be in a sanitary condition. Bathrooms must contain a shower and/or tub combination with a wash basin, a properly functioning toilet, and a mirror. Additionally, bathrooms shall have adequate lighting and grounded electrical outlets for use of electrical razors, hair dryers etc. The shower or shower/tub combination shall have shower doors or curtains.

Rooms shall have adequate heating and cooling capabilities.

Each room must contain at a minimum; television with cable access, internet access, Iron and iron board, and alarm clock. A refrigerator and a microwave are also preferred, but not required.

Vendor’s location must have accessible parking area and be a low crime area, free of drugs and prostitution. Health and Fitness Center, Recreation Area (Pool), and Business Services Center at no cost to the Soldiers is preferred but not required.

Double occupancy room shall have two standalone beds (a pullout sofa does not constitute a bed).

All rooms will be non-smoking, and free of bed bugs, lice, rodents or anything that will make the living conditions unsafe and/or unhealthy.

Daily custodial services shall include, but is not limited to, room cleaning, bed making, linen change (as required), adequate quantities of soap, bath towels, hand towels, sanitized drinking glasses, facial tissues, and a cloth bath mat.

The contractor’s facility shall comply with all applicable fire and safety codes and regulations.

The hotel presented to the Government shall be Federal Emergency Management Agency (FEMA) approved.

4.2 Meals:

Meals Day Date Number of Meals

Location

Breakfast Sunday 12-Apr-20 138 Lodging Facility Monday 13-Apr-20 138 Lodging Facility Tuesday 14-Apr-20 138 Lodging Facility Total # of Breakfast

Lunch Saturday 11-Apr-20 138 Lodging Facility

Sunday 12-Apr-20 138 Lodging Facility

Monday 13-Apr-20 138 Lodging Facility

Total # of Lunch 414

Dinner Saturday 11-Apr-20 138 Lodging Facility Sunday 12-Apr-20 138 Lodging Facility Saturday 13-Apr-20 138 Lodging Facility Total # of Dinner 414

Total # of Meals 1,242

The Contractor shall provide 1,242 amount of meals throughout the period of performance and at the locations listed above. Special dietary restrictions will be identified and accommodated for on an as-needed basis. Vegetarian options shall be available. Food and beverage charges are based upon a total of servings per meal. Self-serve beverage stations are preferred at each meal.

Local government per diem meal rates for food shall apply.

All utensils, plates, napkins, etc. shall also be provided by the contractor.

All Military personnel shall clean up their area and trash when finished eating each meal.

The following meal options shall be comprised of one of the following service style types: either 1) hot food buffet or 2) cafeteria style or 3) some other applicable style that must adhere to the rest of this SOW.

4.2.1 Breakfast: Hot food shall be available from 6:30 AM to 8:00 AM on the following day(s): 12 April 2020, 13 April 2020, and 14 April 2020. Meal shall include such items as: pancakes, bacon, sausage, eggs, ham, assorted fresh fruit, pastries and cereal. Drinks shall consist of: coffee, milk, and juice. Total meals for breakfast shall be for 138 persons for three (3) days for a total of 414 meals.

4.2.2 Lunch: Hot food shall be available from 11:30 AM to 1:00 PM on the following day(s): 11 April 2020, 12 April 2020, and 13 April 2020. Meals shall include such items as: garden salad with assorted toppings and dressings, meat selections, vegetables, and starch selection. Drinks shall consist of coffee, milk, tea and juice. Total meals for Lunch shall be for 138 persons for three (3) days for a total of 414 meals.

4.2.3 Dinner: Hot food shall be available from 5:30 PM to 7:30 PM for the following day(s): 11 April 2020, 12 April 2020, and 13 April 2020. Meals shall consist of chicken, beef or fish, vegetable, soup or salad and dessert. Drinks shall consist of coffee, milk, tea and soft drinks. Total meals for Dinner shall be for 138 persons for three (3) days for a total of 414 meals.

Total Meals provided shall be 1,242.

5. SECURITY/HEALTH: The approved facility shall be secured enough for Government’s information, supplies, equipment and other properties. Entry access to sleeping areas shall be through hotel interior corridors/main lobby. Additionally, the approved facility shall be located in a low crime area (IAW regulatory guidance and the “AREAVIBES WEB SITE,” with a rating of B or better, free of drugs and prostitution with security cameras or a security guard on property for after hour protection. All rooms will be non-smoking, and free of bed bugs, lice, rodents or anything that will make the living conditions unsafe and/or unhealthy.

The lodging POC (provided at contract award) will conduct a site visit prior to award of contract to ensure that the facility meets the criteria listed herewith in this SOW such as safety/security etc.

All rooms will be non-smoking, and free of bed bugs, lice, rodents or anything that will make the living conditions unsafe and/or unhealthy.

6. ROOMING LIST: A complete berthing list will be forwarded to the Lodging Facility 72 hours before check in by the 354th MP lodging POC. The list will include each Soldiers’ name, rank, gender, check-in date, and total number of days authorized.

7. INVOICING/BILLING: The Government will only pay for actual rooms used. Occupied rooms will be accepted and invoiced as appropriate utilizing Wide Area Work Flow (WAWF).

The contracted cost shall not exceed the local authorized Per Diem rate for both lodging and meals. Personal expenses in guest rooms, such as ordering movies, telephone fees, laundry and room service will be paid by the guest. The Federal Government is tax exempt. If needed, the Government will provide the hotel with the appropriate sale tax exemption forms for their records.

8. ADVANCE NOTIFICATION PERIOD: The Government reserves the right to cancel any or all portions of a reservation 24 hours prior to the start date. The cancellation notice will be issued by the Contracting Officer (KO). The Contractor shall waive any charges against the Government due to the cancellation and release it from all obligations under the contract if the Government meets the deadline above.

VII) CONTRACT PROVISIONS/CLAUSES

The below Clauses are incorporated either by reference or full text and made a part of this Request for Quote (FAR, and DFAR Provisions, and Local Clauses):

CLAUSES INCORPORATED BY REFERENCE

52.203-3 52.204-2 52.204-7

Gratuities (APR 1984) Security Requirements (AUG 1996) 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) 52.209-6

52.212-1

Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or proposed for Debarment (OCT 2015) 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)

52.233-1 52.233-2 52.233-3 52.239-1 52.243-1

Disputes (MAY 2014) Service of Protest (SEP 2006) Protest After Award (AUG 1996) Privacy or Security Safeguards (AUG 1996) Changes – Fixed Price (AUG 1987)

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 252.222-7007

Disclosure of Information to Litigation Support Contractors (MAY 2016) Representation Regarding Combating Trafficking in Persons (JAN 2015)

252.225-7048 Export-Controlled Items (JUNE 2013) 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 252.246-7000

Pricing of Contract Modifications (DEC 1991) Material Inspection and Receiving Report (MAR 2008)

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)).

(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.)

____ (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).

___ (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).

__XX__ (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).

____ (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 Rerepresentation (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)).

XX (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 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.

____ (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 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.

(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.

(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.

(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):

https://www.acquisition.gov/

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

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.

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 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).

2-in-1, 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 W90GYZ Ship To Code W90GYZ Service Acceptor (DoDAAC) W90GYZ

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.

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.

luis.a.nieves-rodriguez.mil@mail.mil brianna.feaster.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.

luis.a.nieves-rodriguez.mil@mail.mil brianna.feaster.civ@mail.mil

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

LOCAL 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.

HQ AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute

Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103.