W9124l-16-T-0062_Courtroom_Audio_Visual_System.pdf

Solicitation Number:

W9124L-16-T-0062

Notice Type:

Combined Synopsis/Solicitation

Synopsis:

Courtroom Audio/Visual System for Ft. Sill, OK Solicitation

Number: W9124L-16-T-0062 Agency: Department of the Army Office: Army Contracting Command, MICC Location: MICC - Fort Sill, Oklahoma

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; quotes are being requested and a written solicitation will not be issued.

This notice shall be considered a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-89. This requirement is a 100% Small Business (S) set-aside and only qualified offerors may submit quotes. The North American Industry Classification System (NAICS) code for this acquisition is 334310, Audio and Video Equipment Manufacturing, with a corresponding Small Business Size Standard of 750 employees.

System for Award Management (SAM) applies to this procurement. You must be registered in SAM in order to be eligible to receive an award from this solicitation. Information on SAM registration and annual confirmation requirements may be obtained via the Internet at http://www.sam.gov. CONTRACTORS MUST COMPLY WITH FAR 52.204-7 System for Award Management (SAM) Registration (July 2013).

Contract Type: The Government contemplates award of the following contract type: Firm- Fixed Price.

Delivery:

Within 30 Days After Date of Contract

Questions regarding this RFQ for this acquisition should be directed to the following Contracting Officer AND the Purchasing Agent via the following E-mail:

Contracting Officer: William (Bill) E. Boyer, william.e.boyer10.civ@mail.mil Purchasing Agent: James N. Johnson james.n.johnson.civ@mail.mil

Questions must be submitted no later than 1200CST 16 September 2016, in writing, via email.

All quotes shall be received before 1200CST 19 September 2016 via email to the above email addresses. Only quotes submitted via e-mail to both points of contact will be accepted and evaluated.

The subject of your email must include your company's legal name, state the nature of your email and include the Solicitation Number W9124L-16-T-0062. For example, the subject of your email should be similar to the following: "Quote Submission by Company XXX, Solicitation W9124L-16-T-0062;" or "Company XXX Question Regarding Solicitation Number W9124L- 16-T-0062." File names shall not have special characters or periods (other than to identify the extension, such as .pdf, .doc, etc.) as files may be blocked and deleted by email firewalls.

IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE COMPLETE DELIVERY OF

QUESTIONS AND/OR QUOTES, AND ATTACHMENTS, IF ANY.

This RFQ includes the following sections and attachments:

Section 1: Commercial Item Terms and Conditions Section 2: Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Items

Section 1: Commercial Item Terms and Conditions

The offeror must comply with the following commercial item terms and conditions:

Submission requirements for all offerors are identified by Addendum for FAR Clause 52.212-1.

Offeror is directed to pay special attention to FAR Clause 52.212-1 when submitting quote.

The provision 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition (see Addendum in section 2). Offerors are reminded to complete Offeror Representations and Certifications on-line at https://www.sam.gov/portal/public/SAM/ prior to submitting an offer as required in provision 52.212-3.

Section 2: Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Items

A. Instructions for Submitting Your Quote.

1. The Offeror quote will be evaluated using the criteria under "Basis for Evaluation and Award."

Noncompliance with the Request for Quote (RFQ) requirements may hamper the Government's ability to properly evaluate the quote and may result in elimination of the quote from further consideration for contract award.

2. Offeror’s must identify the RFQ number in the Subject Line of the email and should include “# of #” if multiple emails are required for submission of entire quote. Offerors are advised to submit electronic documents early and confirm successful transmission/receipt.

3. If an Offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the KO in writing with supporting rationale.

4. All referenced documents for this solicitation are available on the FBO website at https://www.fbo.gov/. Potential Offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation.

B. Quote Preparation Instructions.

1. The Offeror quote shall consist of a listing of all CLINS outlined in this combined synopsis/solicitation along with the price associated with each CLIN.

2. The Offer. Submit a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. The submission of this statement will constitute the Offeror’s acceptance of the terms and conditions of the RFQ, concurrence with the Performance Work Statement, and contract type.

3. Exceptions. Offerors are required to meet all solicitation requirements, such as terms and conditions, representations, certifications, and technical requirements. If the Offeror finds it necessary to take exception to any of the requirements specified in this solicitation, the Offeror shall clearly identify the exceptions with a complete explanation of why the exception was taken, what benefit accrues to the Government (if any), and its impact, if any, on the performance, schedule, price, and specific requirements of the solicitation. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken.

Offerors are cautioned that taking an exception may render the offer ineligible for award. It is recommended that the Offeror contact the Contracting Officer immediately/prior to solicitation closing upon identifying an area that may result in an exception. This information shall be provided in the format below.

4. This quote shall remain valid until 30 September 2016.

Basis for Evaluation and Award:

EVALUATION AND AWARD

The Government will evaluate offers in response to this request for quote and award a purchase order/contract to the responsible offeror whose offer conforming to this request, will be most advantageous to the Government considering price and other factors (e.g., past performance, delivery, socio-economic status and/or quality). Award will be made based upon the best value to the Government in accordance with procedures in FAR 8.405-5(b) and/or FAR 13.106-2(b).

BID SCHEDULE

SUP/SVCES QTY UNIT PRICE AMOUNT

CLIN 0001 COURTROOM

AUDIO/VISUAL

SYSTEM

See Salient Characteristics and Courtroom Design for details.

1 Job $ $

CLIN 0002

CMR

Each

TOTAL: $

The following clauses incorporated by reference apply to this solicitation:

FAR 52.202-1 Definitions FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.204-13 System for Award Management Maintenance FAR 52.212-4 Contract Terms and Conditions Commercial Items FAR 52.228-5 Insurance – Work on a Gov Installation FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 Disputes FAR 52.237-3 Continuity of Services DFARS 252.201-7000 Contracting Officers Representative DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information DFARS 252.209-7004 Sub with Firms that are Owned or Controlled by the Gov of a Terrorist Country DFARS 252.211-7003 Item Identification and Valuation DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7001 Buy American and Balance of Payments Program DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.225-7036 ALT 1 Buy American—Free Trade Agreements--Balance of Payments Program-ALT 1 DFARS 252.227-7015 Technical Data-Commercial Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.243-7001 Pricing of contract modifications DFARS 252.243-7002 Requests for Equitable Adjustment DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea

The following Clauses are applicable in Full Text:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2016)

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

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

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

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 (June 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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

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

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

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 (July 2013) (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]

X (14)(i) 52.219-6, Notice of Total Small Business Set-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 2014) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

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

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

(iv) Alternate III (Oct 2015) of 52.219-9.

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

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

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

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

(21) 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 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)).

(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 (FEB 2016) (E.O. 13126).

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

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C.

793).

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 (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.

X (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.

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

(46) (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.

(47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (48) 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).

(49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

(51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

(55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

(56) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

_ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (MAY 2014) (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) (MAY 2014) (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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.

(iii) 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.

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

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

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

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

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

(ix) 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.

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

(xi) (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).

(xii) 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.)

(xiii) 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)

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

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

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

(xvii) 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.

(xviii) 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 52.219-28 – Post-Award Small Business Program Rerepresentation (Jul 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its, affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within

30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards .

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs

(e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .[Contractor to sign and date and insert authorized signer's name and title].

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):

http://acquisition.gov/comp/far/index.html http://farsite.hill.af.mil

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (JUNE 2012)

(a) Definitions. As used in this clause--

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Government wide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

5152.233-4000 AMC-LEVEL PROTEST PROGRAM (Sep 2011)

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 (HQ), Army Materiel Command (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 Government Accountability Office (GAO) 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. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840 or e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

Packages sent by FedEx or UPS should be addressed to:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840

The AMC-Level Protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp.

If internet access is not available, contact the contracting officer or HQ, AMC to obtain the HQ AMC-Level Protest Procedures.

(End of Clause)

ADDENDUM TO FAR 52.212-4

APACHE GATE DELIVERY INFORMATION

All delivery trucks, transportation trucks, vehicles pulling trailers, every type of cargo or construction vehicle must enter through Apache Gate.

Location of Apache Gate: Take the Medicine Park exit 45 off of Interstate 44, proceed west on highway 49 (approximately 0.5 mile). Entrance to Apache Gate is on the left (south).

PERMITS, TAXES, LICENSES, ORDINANCES, AND REGULATIONS

Contractor shall obtain all necessary permits, give all notices, pay all license fees and taxes, comply with all Federal, state, municipal, county, and local Board of Health ordinances, rules and regulations applicable to the business carried on under this contract, and are responsible for all applicable state sales and use taxes.

FAIR LABOR STANDARDS ACT AMENDMENT (MAY 74)

Notwithstanding any other provision of this contract, the minimum wage payment shall be specified by P.L. 93-259 or the applicable Service Contract Act Wage Determination Rate, if any, whichever is greater.

ACCOUNTING FOR CONTRACT SERVICES

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website.

CONTRACTUAL AUTHORITY

No written or oral statements of any person whosoever other than the Contracting Officer will, in any manner or degree, modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

COMMERCIAL ITEM ACQUISITION PROCEDURES

This acquisition is solicited under Commercial item Simplified Acquisition procedures specified in FAR Part 13.5, Test Program For Certain Commercial Items.

INSURANCE REQUIREMENTS

In addition to any Insurance which may be legally required, the Contractor and any subcontractors shall procure and maintain during the entire period of performance under this contract the following minimum insurance coverage: (See FAR 28.307-2)

a. COMPREHENSIVE GENERAL LIABILITY INSURANCE: Bodily injury liability insurance in the minimum limits of $500,000 per occurrence and property damage liability insurance in the minimum limits of $100,000 per occurrence shall be required on the comprehensive form of policy.

b. AUTOMOBILE LIABILITY INSURANCE: This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

c. WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: As required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workman's Compensation Insurance shall extend to cover employer's liability for accidental bodily insurance or death and for occupational disease with a minimum liability limit of $100,000.

PROOF OF INSURANCE

1. At all times during performance, the Contractor shall maintain with the Contracting Officer either:

(a) A current Certificate of Insurance (COI) showing at least the insurance required above and providing for a firm 30 day written notice to the Contracting Officer by the Insurance Company prior to cancellation or any material change in policy coverage. The statement that "failure to provide such notice relieves the insurance company of any liability" shall not be written into the COI.

(b) A Certificate of Compliance, executed by an officer of the Contractor's firm, certifying that the firm will comply with the insurance requirements stated in this contract at all times during performance of this contract.

2. A Certificate of Insurance from the Contractor's insurance company or a Certificate of Compliance shall be furnished to the Contracting Officer 10 calendar days prior to contract performance.

3. Failure to maintain the required coverage may result in termination of the contract.

CHANGES

Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as changes in paying office, appropriation data, etc., which may be made unilaterally by the Government.

WIDE AREA WORKFLOW (WAWF) BILLING INSTRUCTIONS

**Contractors are required to use the Invoice and Receiving Report (2-in-1) type when invoicing.**

DO NOT USE: The Fast Pay Option

Use the following DoDAAC’s when inputting invoices and/or receiving reports.

Administered By: W9124L

Payment Official: HQ0490

Issued By: W9124L

Ship To: W907GL

Acceptance By: W907GL

NOTE: Failure to include the following additional email addresses for the Specialist and Acceptor could result in a delay in payment of your invoice.

ACCEPTOR POC: Determined after award SPECIALIST EMAIL: james.n.johnson.civ@mail.mil

For WAWF issues contact: WAWF Customer Service at 1-866-618-5988 / 1-801-605-7095 or by email at cscassig@csd.disa.mil

For Receiving Report inquiries contact: Acceptor POC identified above.

IDENTIFICATION OF CONTRACTOR EMPLOYEES AND VEHICLES

Each side of Contractor-owned vehicles shall bear the Contractor's name in 2-inch letters. Each Contractor employee shall possess an identification card to include employee's name, name of Contractor, current photo, and card serial number. Additionally, each Contractor employee shall display on his/her person a badge or name tag which shall include the name of the employee and the Contractor's name. The Contractor shall collect Contractor-furnished identification badges upon termination of employee.

CONDUCT OF EMPLOYEES

The Contractor’s employees shall not be permitted to carry firearms, knives or other lethal weapons while on Fort Sill.

INTERRUPTION OF GOVERNMENT PROCESSES

If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the office designated for receipt by the exact time specified in the RFQ and urgent Government requirements preclude an amendment or other notice of an extension of the bid opening/closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the RFQ on the first work day on which normal Government processes resume. If no time is specified in the solicitation, the time for receipt is 4:00 p.m., local time for the designed Government office.

NOTICE OF AWARD

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.

POINT OF CONTACT

The Contractor shall provide a local telephone number, or a long distance telephone number with reverse charges, that is answered 24 hours a day, seven (7) days a week, and a local address where the Contractor can be notified of or contacted for emergency work. The Government shall not be expected to call a series of phone numbers in order to locate the Contractor or his designated representative. Electronic answering devices, beepers, or pagers shall suffice for this requirement.

REGULATIONS

The site of the contracted work is on a military reservation, and rules and regulations issued by the Commander, Fort Sill, or other appropriate commanders, covering fire, safety, sanitation, severe weather requirements, admission to installation/facility and conduct of operations shall be observed by the Contractor and his employees.

IDENTIFICATION OF CONTRACTOR EMPLOYEES

The contractor shall provide each employee an identification (ID) badge on contract start date, or on employment start date. The ID badge shall be made of nonmetallic material. The badge shall be easily readable and include employee’s name, contractor’s name, functional area of assignment, and color photograph. The ID badge template shall be approved by the contracting officer or their designee before contract start date or within 10 working days of inclusion of this clause in a contract.

Display of ID Badge. Contractor personnel shall wear the ID badge at all times when performing work under this contract to include attending Government meetings and conferences.

Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

Answering Telephones. Contractor personnel shall identify themselves as contractor employees when answering Government telephones.

Utilizing Electronic Mail:

When contractor personnel send e-mail messages to Government personnel while performing on this contract, the contractor’s e-mail address shall include the company name together with the person’s name.

When it is necessary for contractor personnel to have a user address on a Government computer, the Government shall ensure that person’s e-mail address includes the name of their company.

Workforce: The successful bidder shall not hire persons not legally residing in the United States of America.

CONTRACTOR ACCESS PROCEDURES TO FORT SILL (FEB 2015)

Effective 9 February 2015, personnel requiring access to the installation shall possess a Common Access Card (CAC), Long Term Unescorted Access Pass or Military ID, or Individual temporary pass issued by the Fort Sill Directorate of Emergency Services (DES) pursuant to Army Directive 2014-05, Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Un-cleared Contractors.

Fort Sill has initiated a system which provides three forms of access documentation based upon the duration of required access and DOD Network requirements. The three forms, described below, are as follows: (1) Common Access Card (CAC); (2) Long Term Unescorted Access Pass or Military ID; or an (3) Individual Temporary Pass.

The Prime Contractor shall provide a completed FS Form 118 for each prime or sub-contract employee who requires a CAC or Long Term Unescorted Access Pass in the performance of this contract. The required documentation shall be provided by the Prime Contractor to the Fort Sill Visitor Control Center (VCC) office between 7:00- 5:00 PM hours Monday – Friday. Required forms shall be provided to the VCC within 10 calendar days of notification of this requirement or of contract award (whichever occurs first).

Directions to the VCC: From Interstate 44, take the exit for Rogers Lane West. Go approximately 2 miles to the Sheridan Road North exit. Go north on Sheridan Road and follow the signs to the Visitor Control Center (on the right side of the road).

Required Documentation for Access:

FS 118 REQUEST FOR UNESCORTED INSTALLATION CONTRACT ACCESS TO FORT

SILL

The form is located at: http://sill-www.army.mil/

Failure to receive a CAC may result in the contractor personnel being denied admission to the installation. Failure to receive a Long Term Unescorted Access Pass or Individual Temporary Pass will result in the contractor personnel being denied admission to the installation. Failure to receive required access shall not relieve the Contractor from execution of Contract Requirements.

Denial of a request can be appealed by completing and submitted FS 117 and a letter of recommendation from the employer to the VCC for action. Submission of an appeal shall not relieve the Contractor from execution of Contract Requirements.

Required Documentation for Appeal:

- FS 117 FORT SILL ACCESS CONTROL DENIAL WAIVER APPLICATION PROCESS

AND FORT SILL FORM 117 (FS ACCESS CONTROL DENIAL WAIVER APPLICATION)

The form is located at: http://sill-www.army.mil/

Three Forms of Access Documentation

Common Access Card (CAC): Contractor employees and staff (herein referred to as Contractors) requiring access to the installation on a recurring basis for a period of 6 months or more, and requiring access to a DOD computer network shall obtain a CAC. Contractor employees who do not require access to a DOD computer network are not eligible for a CAC but should apply for Long term, unescorted access as described below.

CACs are issued through the Trusted Associate Sponsorship System (TASS) program. Issuance of a CAC requires a favorable Federal Bureau of Investigation (FBI) fingerprint check, successful submission of a National Agency Check with Inquiries (NACI) (equivalent or higher) background investigation to the Army’s investigative service provider and a favorably adjudicated NACI (equivalent or higher) investigation from a Federal department or agency.

In order to avoid delays in gaining access to the installation, contractors requiring a CAC are encouraged to contact their Contracting Officer Representative (COR) to begin the process to obtain CACs as soon as possible.

Long Term, Unescorted Access Pass: This pass is required for Contractors, Sub-contractors and Vendors requiring physical access to the installation on a recurring basis (greater than 24 hours) and who do not require access to a DOD computer network. The expiration date of the access will be the end of the contract period of performance or 365 days whichever comes first.

Sub-contractors shall be bound by this same requirement. Prime Contractors are responsible for obtaining timely sub-contractor documents necessary to secure required access documents.

Contractors and their employees shall pass a NCIC Interstate Identification Index check in order to secure this pass.

Military ID: Military ID cards for retirees, reservists and dependents are acceptable for unescorted access onto Fort Sill.

In order to avoid delays in gaining access to the installation, contractors are encouraged to contact their Contracting Officer Representative (COR) to begin the process of securing long term passes as soon as possible.

Individual Temporary Pass: All contractors and sub-contractors who do not possess a CAC, a valid Military ID, or a current long term unescorted pass shall report to the Visitors Control Center located near Sheridan gate to obtain an Individual temporary pass. A temporary pass will ONLY be issued to persons who produce a valid current federal or state issued ID with a picture, and must pass a NCIC Interstate Identification Index check and local exclusion roster.

Acceptable forms of ID are:

1. Valid current State issued Photo ID that is for driving or for identification.

2. Valid current Permanent Resident Card or Alien Registration Receipt Card (Form I-551)

3. Valid current Employment Authorization Document (Card) that contains a photograph (Form I-766)

4. Passport (Foreign Passports must show point of entry stamp).

The contractor shall return issued CACs and Passes to the designated COR at the end of the contract period of performance or the end of the individual employee’s tenure, whichever comes first. The contractor shall also coordinate with the COR for new or replacement CACs or Long Term Unescorted Passes as required.

For additional information, see:

*http://sill-www.army.mil/vcc.html http://sill-www.army.mil

Fort Sill unescorted access regulation (to be published).

Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors located at http://www.dhs.gov/homeland-security-presidential-directive-12#1

Army Regulation (AR) 190-13, the Army Physical Security Program located at http://armypubs.army.mil/epubs/190_Series_Collection_1.html

Army Directive 2011-08, Army Implementation of Homeland Security Presidential Directive -12 located at http://armypubs.army.mil/epubs/pdf/ad2011_08.pdf

*NOTE: Official Information on Access Control is…