Combine_Synop-Solicitation__30_June_16.doc

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

This Solicitation is issued as a request for proposal. Please reference solicitation number W9124Q-16-R-0001 on all correspondence.

This solicitation is being issued as HUBZone Set-Aside. The North American Industry Classification System (NAICS) is 541330. Services required November 1, 2016 (with Phase-in period of: 1-30 November 2016).

This combined synopsis/solicitation for commercial item is for Unexploded Ordnance (UXO)/Explosive Ordnance Disposal (EOD) Support Services at White Sands Missile Range (WSMR), New Mexico, on an established/existing range in accordance with the following requirements. The proposed contract will be for a two (2) year base with three (3) x one year options.

Submit written offers only, oral offers will not be accepted. NOTE: ALL OFFERORS MUST BE REGISTERED with the System for Award Management at https://www.sam.gov (formally Central Contractor Registration (CCR)) prior to contract award. A This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-88. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. Clauses and provisions can be found at: http://farsite.hill.af.mil/vffara.htm.

Contract Line Items:

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Job

CLIN 0001 PHASE IN (1 -30 November)

FFP

To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board during the thirty (30) day phase in period. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on 1 December 2016.

FOB: Destination

NET Amount: $ __________________

ITEM NO

SUPPLIES/SERVICES

QUANTITY

Each

CLIN 0002 EOD SUPPORT SERVICES

FFP

Non-Personal EOD Support Services, Period of performance 1 December 2016 through 31 October 2017. The contractor shall furnish all tools, labor, transportation, materials, supplies, and equipment (to include maintenance and fuel where required) unless specified as government furnished to perform all work in accordance with the attached performance work statement (PWS). On a monthly basis, the contractor shall credit the Government for the sale of scrap metal and apply that credit to the labor costs (CLIN 0002) for the following month. The contractor shall also include 1,703 Hours of overtime support per year in the Firm Fixed Price of this labor CLIN. Further information on the usage and tracking of overtime support is outlined in section 5.6.1.2 of the attached performance work statement (PWS).

FOB: Destination NET Amount: $ __________________

ITEM NO

SUPPLIES/SERVICES

QUANTITY

CLIN 0003 Travel & Mileage for EOD SUPPORT SERVICES

FFP

Non-Personal EOD Support Services, Period of performance 1 December 2016 through 31 October 2017. The contractor shall provide invoices, voucher and receipts with cost detail for all travel in support of this contract. The Contractor shall submit all travel requests to the Contracting Officer for approval at least three work days prior to the need by date. Travel will be approved and the price fixed per PWS paragraph 5.6.1.1. The Contracting Officer will provide written approval prior to the Contractor’s travel arrangement. The Contractor shall submit all mileage reimbursements to the Contracting Officer for approval. Mileage will be approved and the prices fixed per PWS paragraph 5.6.1.3. The Contractor shall submit all mileage reimbursements and travel receipts on a monthly basis to the COR. No material handling or profit is authorized. In accordance with sections 5.6 of the attached performance work statement (PWS). Not to exceed amount.

FOB: Destination

NET Amount: $ __________________ NTE

ITEM NO

SUPPLIES/SERVICES

QUANTITY

CLIN 0004 Contractor Manpower Report (CMR)

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2016 through 31 October 2017. Contractor shall provide data on contractor manpower each year on or about 31 October. Contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost.” Instructions, including the Contractor and Subcontractor User Guide, are available at the CMRA (Contractor Manpower Reporting Application) website at: https://cmra.army.mil. For further assistance, email the CMRA Help Desk at Contractormanpower@hqda.army.mil.

FOB: Destination

NET Amount: $ __________________

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION 1 CLIN 1001 EOD SUPPORT SERVICES

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2017 through 31 October 2018. The contractor shall furnish all tools, labor, transportation, materials, supplies, and equipment (to include maintenance and fuel where required) unless specified as government furnished to perform all work in accordance with the attached performance work statement (PWS). On a monthly basis, the contractor shall credit the Government for the sale of scrap metal and apply that credit to the labor costs (CLIN 1001) for the following month. The contractor shall also include 1,703 Hours of overtime support per year in the Firm Fixed Price of this labor CLIN. Further information on the usage and tracking of overtime support is outlined in section 5.6.1.2 of the attached performance work statement (PWS).

FOB: Destination

NET Amount: $ __________________

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION 1 CLIN 1002 Travel and Mileage for EOD SUPPORT SERVICES

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2017 through 31 October 2018.

The contractor shall provide invoices, voucher and receipts with cost detail for all travel in support of this contract. The Contractor shall submit all travel requests to the Contracting Officer for approval at least three work days prior to the need by date. Travel will be approved and the price fixed per PWS paragraph 5.6.1.1. The Contracting Officer will provide written approval prior to the Contractor’s travel arrangement. The Contractor shall submit all mileage reimbursements to the Contracting Officer for approval. Mileage will be approved and the prices fixed per PWS paragraph 5.6.1.3. The Contractor shall submit all mileage reimbursements and travel receipts on a monthly basis to the COR. No material handling or profit is authorized. In accordance with sections 5.6 of the attached performance work statement (PWS). Not to exceed amount.

FOB: Destination

NET Amount: $ __________________ NTE

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION 1 CLIN 1003 Contractor Manpower Report (CMR)

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2017 through 31 October 2018. Contractor shall provide data on contractor manpower each year on or about 31 October. Contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost.” Instructions, including the Contractor and Subcontractor User Guide, are available at the CMRA (Contractor Manpower Reporting Application) website at: https://cmra.army.mil. For further assistance, email the CMRA Help Desk at Contractormanpower@hqda.army.mil.

FOB: Destination

NET Amount: $ __________________

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION 2 CLIN 2001 EOD SUPPORT SERVICES

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2018 through 31 October 2019. The contractor shall furnish all tools, labor, transportation, materials, supplies, and equipment (to include maintenance and fuel where required) unless specified as government furnished to perform all work in accordance with the attached performance work statement (PWS). On a monthly basis, the contractor shall credit the Government for the sale of scrap metal and apply that credit to the labor costs (CLIN 2001) for the following month. The contractor shall also include 1,703 Hours of overtime support per year in the Firm Fixed Price of this labor CLIN. Further information on the usage and tracking of overtime support is outlined in section 5.6.1.2 of the attached performance work statement (PWS).

FOB: Destination

NET Amount: $ __________________

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION 2 CLIN 2002 Travel and Mileage for EOD SUPPORT SERVICES

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2018 through 31 October 2019. The contractor shall provide invoices, voucher and receipts with cost detail for all travel in support of this contract. The Contractor shall submit all travel requests to the Contracting Officer for approval at least three work days prior to the need by date. Travel will be approved and the price fixed per PWS paragraph 5.6.1.1. The Contracting Officer will provide written approval prior to the Contractor’s travel arrangement. The Contractor shall submit all mileage reimbursements to the Contracting Officer for approval. Mileage will be approved and the prices fixed per PWS paragraph 5.6.1.3. The Contractor shall submit all mileage reimbursements and travel receipts on a monthly basis to the COR. No material handling or profit is authorized. In accordance with sections 5.6 of the attached performance work statement (PWS). Not to exceed amount.

FOB: Destination

NET Amount: $ __________________ NTE

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION 2 CLIN 2003 Contractor Manpower Report (CMR)

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2018 through 31 October 2019. Contractor shall provide data on contractor manpower each year on or about 31 October. Contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost.” Instructions, including the Contractor and Subcontractor User Guide, are available at the CMRA (Contractor Manpower Reporting Application) website at: https://cmra.army.mil. For further assistance, email the CMRA Help Desk at Contractormanpower@hqda.army.mil.

FOB: Destination

NET Amount: $ __________________

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION 3 CLIN 3001 EOD SUPPORT SERVICES

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2019 through 31 October 2020. The contractor shall furnish all tools, labor, transportation, materials, supplies, and equipment (to include maintenance and fuel where required) unless specified as government furnished to perform all work in accordance with the attached performance work statement (PWS). On a monthly basis, the contractor shall credit the Government for the sale of scrap metal and apply that credit to the labor costs (CLIN 3001) for the following month. The contractor shall also include 1,703 Hours of overtime support per year in the Firm Fixed Price of this labor CLIN. Further information on the usage and tracking of overtime support is outlined in section 5.6.1.2 of the attached performance work statement (PWS).

FOB: Destination

NET Amount: $ __________________

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION 3 CLIN 3002 Travel and Mileage for EOD SUPPORT SERVICES

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2019 through 31 October 2020. The contractor shall provide invoices, voucher and receipts with cost detail for all travel in support of this contract. The Contractor shall submit all travel requests to the Contracting Officer for approval at least three work days prior to the need by date. Travel will be approved and the price fixed per PWS paragraph 5.6.1.1. The Contracting Officer will provide written approval prior to the Contractor’s travel arrangement. The Contractor shall submit all mileage reimbursements to the Contracting Officer for approval. Mileage will be approved and the prices fixed per PWS paragraph 5.6.1.3. The Contractor shall submit all mileage reimbursements and travel receipts on a monthly basis to the COR. No material handling or profit is authorized. In accordance with sections 5.6 of the attached performance work statement (PWS). Not to exceed amount.

FOB: Destination

NET Amount: $ __________________ NTE

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION 3 CLIN 3003 Contractor Manpower Report (CMR)

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2019 through 31 October 2020. Contractor shall provide data on contractor manpower each year on or about 31 October. Contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost.” Instructions, including the Contractor and Subcontractor User Guide, are available at the CMRA (Contractor Manpower Reporting Application) website at: https://cmra.army.mil. For further assistance, email the CMRA Help Desk at Contractormanpower@hqda.army.mil.

FOB: Destination

NET Amount: $ __________________

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION43 CLIN 4001 EOD SUPPORT SERVICES

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2020 through 31 October 2021. The contractor shall furnish all tools, labor, transportation, materials, supplies, and equipment (to include maintenance and fuel where required) unless specified as government furnished to perform all work in accordance with the attached performance work statement (PWS). On a monthly basis, the contractor shall credit the Government for the sale of scrap metal and apply that credit to the labor costs (CLIN 4001) for the following month. The contractor shall also include 1,703 Hours of overtime support per year in the Firm Fixed Price of this labor CLIN. Further information on the usage and tracking of overtime support is outlined in section 5.6.1.2 of the attached performance work statement (PWS).

FOB: Destination

NET Amount: $ __________________

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION 4 CLIN 4002 Travel and Mileage for EOD SUPPORT SERVICES

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2020 through 31 October 2021. The contractor shall provide invoices, voucher and receipts with cost detail for all travel in support of this contract. The Contractor shall submit all travel requests to the Contracting Officer for approval at least three work days prior to the need by date. Travel will be approved and the price fixed per PWS paragraph 5.6.1.1. The Contracting Officer will provide written approval prior to the Contractor’s travel arrangement. The Contractor shall submit all mileage reimbursements to the Contracting Officer for approval. Mileage will be approved and the prices fixed per PWS paragraph 5.6.1.3. The Contractor shall submit all mileage reimbursements and travel receipts on a monthly basis to the COR. No material handling or profit is authorized. In accordance with sections 5.6 of the attached performance work statement (PWS). Not to exceed amount.

FOB: Destination

NET Amount: $ __________________ NTE

ITEM NO

SUPPLIES/SERVICES

QUANTITY

OPTION 4 CLIN 4003 Contractor Manpower Report (CMR)

FFP

Non-Personal EOD Support Services, Period of performance 1 November 2020 through 31 October 2021. Contractor shall provide data on contractor manpower each year on or about 31 October. Contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter “No Cost.” Instructions, including the Contractor and Subcontractor User Guide, are available at the CMRA (Contractor Manpower Reporting Application) website at: https://cmra.army.mil. For further assistance, email the CMRA Help Desk at Contractormanpower@hqda.army.mil.

FOB: Destination

NET Amount: $ __________________

CONTRACT LINE ITEMS TOTAL

Contractor shall fill in the total of the contract line items for each individual period.

Phase-in 1 -30 Nov 2016 $____________

Base 2-year 01 Dec 2016 – 31 Oct 2018 $____________

1st Option 01 Nov 2018 – 31 Oct 2019 $____________

2nd Option Period 01 Nov 2019 – 31 Oct 2020 $____________

3rd Option Period 01 Nov 2020 – 31 Oct 2021 $____________

Grand Total $____________

Clauses:

52.245-1

52.245-9

GOVERNMENT PROPERTY

USE AND CHARGES

(APR 2012)

(APR 2012)

52.203-12, Limitation on Payments to Influence Certain Federal Transactions 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

52.204-7 System for Award Management

52.204-9, Personal Identity Verification of Contractor Personnel

52.204-13, System for Award Management Maintenance

52.204-16, Commercial and Government Entity Code Reporting

52.204-16 Commercial and Government Entity Code Reporting (Jul 2015) 52.204-19, Incorporation by Reference of Representations and Certifications

52.204-21, Basic Safeguarding of Covered Contractor Information Systems

2.209-7, Information Regarding Responsibility Matters

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.212-3 Offerors Representations and Certifications-Commercial Items.

52.212-4, Contract Terms and Conditions--Commercial Items

52.215-1, Instructions to Offerors -- Competitive Acquisition

52.222-22, Previous Contracts and Compliance Reports

52.223-5, Pollution Prevention and Right-to-Know Information

52.223-10, Waste Reduction Program

52.242-13, Bankruptcy

252.204-7000 Disclosure of Information (August 2013).

252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

252.244-7000, Subcontracts for Commercial Items, 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

252.245-7002, Reporting Loss of Government Property

252.245-7003, Contractor Property Management System Administration

252.245-7004, Reporting, Reutilization, and Disposal

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 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).

X (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]

___ (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).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ x (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.

____ (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—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (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).

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

____ (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).

X (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) (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.

____ (37)(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.

____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (39)(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.

____ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

____(42) (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.

(43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 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).

____ (45) 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).

____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (54)(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.)

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

X (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (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).

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

X (xi) X (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).

X (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)

52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed or the overtime premium is paid for work --

(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;

(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;

(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or

(4) That will result in lower overall costs to the Government.

(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--

(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;

(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;

(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and

(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

* Insert either "zero" or the dollar amount agreed to during negotiations. The inserted figure does not apply to the exceptions in paragraph (a)(1) through (a)(4) of the clause.

(End of clause)

5152.233-4000

AMC-LEVEL PROTEST PROGRAM (NOV 2008) (LOCAL CLAUSE)

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 Government Accountability 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. If you want to file a protest under the 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 If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

INSURANCE REQUIREMENTS

Minimum: The following insurance is required as a minimum in accordance with the Federal Acquisition Regulations (FAR) and FAR Clause 52.228-5 entitled, “Insurance – Work on a Government Installation”.

Legally Required Insurance: Where certain laws apply, such as State Laws governing workmen’s compensation and employer’s liability coverage, etc., prior to commencement of work, you are to provide the KO a written statement that such laws have been complied with and that compliance will continue throughout the period of contract performance. The Contractor shall provide and maintain insurance during the entire performance of this contract in accordance with Federal Acquisition Regulation (FAR) 52.228-5. Minimum coverage of $100,000 is required.

Comprehensive General Liability and Automobile Liability:

Worker's Compensation and occupational disease coverage as required by law, extended to cover employer's liability for accidental bodily injury or death and for occupational disease. Minimum liability shall meet the legally required limit.

Proof of Insurance:

Prior to commencement of work, you are to provide the Contracting Officer a written statement including the nature of the policies, the names of the insures, and the numbers, amounts, and policy periods thereof, and an endorsement that any cancellation, expiration, or material change in the coverage adversely affecting the Government’s interest shall not be effective unless the insurer or contractor provides written notice to the Contracting Officer not less than thirty (30) days before any change in any policies adversely affecting the interest of the Government in such insurance.

WAWF INSTRUCTIONS

This instruction is mandated by 10.U.S.C.2227, and implemented in DFARS 252.7003, which prescribes policies and procedures for submitting and processing payment requests in electronic form. Electronic form and payment request discussed here are defined in the clause at 252.232-7003 located elsewhere in this contract.

The accepted electronic form for submission of payment requests and receiving reports within the Army is Wide Area WorkFlow (WAWF). All contractor invoices/payment requests shall be submitted in this system. Contractors shall (1) register to use WAWF at https://wawf.eb.mil and (ii) ensure an electronic business point of contact (POC) is designated in the System for Award Management (SAM) site at https://www.sam.gov within ten business days after receipt of this contract/order.

The following codes and information are provided to facilitate the contractor’s ability to successfully input an appropriate invoice and assure its successful flow through the payment process in WAWF.

There are several invoice templates in WAWF. For this contract, the Government requires the contractor to utilize the invoice type checked below:

___ Construction Invoice (Contractor Only)

___ Invoice (Contractor Only)

___ Invoice and Receiving Report (COMBO)

_X__ Invoice as 2-in-1 (Services Only)

___ Performance Based Payment (Government Only)

___ Progress Payment (Government Only)

___ Receiving Report (Government Only)

Certain data fields within the WAWF invoice must be populated with information provided below:

Contractor’s Cage Code as it appears in SAM:

Issued By DODAAC: W91151

Administered By DODAAC: W91151

Inspect By/Accept By/Ship-to DODAAC:

Questions concerning payments shall be directed to the DFAS Center checked below.

You will need your contract/order number available when making inquiries. You can access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor.

Check One:

______HQ0105 DFAS Indianapolis __X___HQ0490 DFAS Indi (GFEBS)

______HQ0347 DFAS Indi (DoDDs) ______HQ0302 DFAS Rome

______HQ0304 DFAS St Louis

______HQ0345 DFAS San Antonio

DFAS Indianapolis Center Vendor Pay 1-888-332-7366

DFAS Rome Center Vendor Pay 1-800-553-0527

DFAS St Louis Center Vendor Pay 1-877-782-5680

DFAS San Antonio Center Vendor Pay 1-888-478-5636

52.212-1 -- Instructions to Offerors -- Commercial Items.

ADDENDUM TO 52.212-1

FAR Provision 52.212-1 is tailored as follows:

Para (c) Period for acceptance of offers. The period of acceptance of offers is changed from 30 days to 90 days. This paragraph now reads: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Para (d) is deleted.

Para (e) is deleted.

I - Solicitation Provisions Incorporated by Reference

NOTICE: Pursuant to Federal Acquisition Regulation (FAR) 52.252-1, "SOLICITATION PROVISIONS INCORPORATED BY REFERENCE," the following provisions are incorporated herein by reference:

A. SOLICITATION PROVISIONS:

II - Solicitation Provisions in Full Text

NOTICE: The following provisions are hereby incorporated in full text:

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

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

(a) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(b) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(c) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the…