Attachment_4_-_Clauses_and_Provisions_W912CJ-16-T-0007 _v1_(25_JAN_2016).pdf

W912CJ-16-T-0007

Attachment 4 – Clauses and Provisions TX210 Grounds Maintenance 25 January 2016

CONTRACT CLAUSES:

52.252-2 -- Clauses Incorporated by Reference. 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://farsite.hill.af.mil

FAR Clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or

Executive Orders -- Commercial Items, applies to this acquisition. The following FAR clauses cited in paragraph (b) of the clause are applicable to the acquisition: 52.204-10, 52.209-6, 52.219-13, 52.219-28, 52.219-29, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.223-18, 52.225-13, and

52.232-33. The following FAR clauses cited in paragraph (c) of the clause are applicable to the acquisition: 52.222-41, 52.222-42, 52.222-43 and 52.222-55.

ADDENDA TO FAR 52.212-5:

Additional Clauses Incorporated by Reference -

52.204-9, Personal Identity Verification of Contractor Personnel

52.204-13, System for Award Management Maintenance

52.204-18, Commercial and Government Entity Code Maintenance

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

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

52.232-39, Unenforceability of Unauthorized Obligations

52.232-40, Providing Accelerated Payments to Small Business subcontractors

52.237-2, Protection of Government Buildings, Equipment, and Vegetation

52.237-3, Continuity of Services

252.201-7000, Contracting Officer's Representative

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.203-7002, Requirement to Inform Employees of Whistleblower Rights

252.204-7003, Control of Government Personnel Work Product

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

252.232-7010, Levies on Contract Payments

5152.233-4000, HQ AMC Level Protest Program

Clauses Incorporated by Full Text -

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of

Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

DOL CODE $ PER HOUR

23470 LABORER $11.18

11210 LABORER, GROUNDS MAINT $11.11

http://farsite.hill.af.mil/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2017_291667 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P668_92377 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P738_103603 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P840_120787 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1156_168627 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1817_250859 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1121_204250 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1131_205766 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#P8_554 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#P14_1418 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7010 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7010

(End of clause)

52.217-8 -- Option to Extend Services. (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the contract period of performance; prior to the expiration date of the contract.

As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause

52.217-8) by adding six (6) months of the offeror's final option period price to the offeror's total price.

Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six month extension of services period. The Government may choose to exercise the Extension of Services at the end of any performance period (base or option periods), utilizing the rates of the most recent prior 6 month performance period.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the contract period of performance; prior to the expiration date of the contract provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2-years.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

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

Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award

Management at https://www.acquisition.gov; and

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based

Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic

Data Interchange, or File Transfer Protocol.

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0490

Issue By DoDAAC W912CJ

Admin DoDAAC W912CJ

Inspect By DoDAAC W90XCV

Ship To Code W90XCV

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

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

Point of contacts will be provided at time of award.

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

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

ANTITERRORISM / OPERATIONAL SECURITY REQUIRMENTS:

1. AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT

Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer. AT level I awareness training is available at the following website:

http://jko.jten.mil.

2. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area.

Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost

Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition

(FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

2a.For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a

DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

2b.For contractors that do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and

Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures

(provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 45 calendar days after contract award.

4. Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12

Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b.

(End of Contract Clauses)

SOLICITATION PROVISIONS:

52.252-1 -- Solicitation Provisions Incorporated by Reference. This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil

52.204-7, System for Award Management

52.212-1, Instructions to Offerors -- Commercial

52.212-3, Offeror Representations and Certifications -- Commercial Items

52.237-1, Site Visit

252.203-7005, Representation Relating to Compensation of Former DoD Officials

252.204-7004, Alternate A, System for Award Management.

252.209-7999, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Conviction under any Federal Law—Fiscal Year 2015 Appropriations. (Deviation 2015-O0005) (Dec

2014)

ADDENDA TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS:

1. Offer Preparation Instructions

1.1 These instructions are designed to ensure the submission of all necessary information that will be used to evaluate offers. Offerors shall submit required written documentation by the specified date and time to the location named herein. Offeror’s are cautioned to provide all the documentation required in accordance with FAR 52.212-1, Instructions to Offerors – Commercial Items to include information below.

1.2 The Government fully intends to award without discussions. Nevertheless, the Government may hold discussions if necessary.

1.3 Offer format/content. Offeror shall complete and submit the following additional information:

http://farsite.hill.af.mil/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P556_79107 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1450_198345 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1525_211968 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#P2_55 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm#252.203-7005 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7004 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7004 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1450_198345

A. Offeror shall submit a completed Bid Schedule with prices for each Contract Line Item Number

(CLIN). Prices must be rounded to two numbers such as $.07 not $.0734.

B. The offeror must complete the provision at FAR 52.212-3, Offeror Representations and

Certifications -- Commercial Items, with its offer. Online Representations and Certifications Application

(ORCA) at https://orca.bpn.gove/. Failure to complete all required Representations and Certifications will make the offer ineligible for award.

C. Offeror shall submit the following information:

(1) A valid and current Contractor’s License from “any state” in the United States of America.

(2) Past, Relevant, Experience Information

(3) Price Breakdown

(4) Quality Control Plan

D. Offeror shall provide the CAGE Code, Dun and Bradstreet Number and Tax Identification Number

(TIN).

2. Instructions and Procedures

2.1. Offeror shall submit a current copy of a valid Contractor’s License from any of the United States of

America.

2.2. Experience - ensure documentation is sufficiently provided for relevant experience on completed or current contracts considered most relevant in demonstrating the ability to perform work similar or related to the tasks as identified within the Performance Work Statement (PWS).

2.3. Past Performance - provide current and relevant information to identify past contracts (including

Federal, State, and local government and private) for efforts similar to the Government requirement as stated in this RFQ. Limit references for work performed to the last three years. Offeror shall provide a summary of the previous contracts described above, not to exceed 1 page of past performance information per reference. The summary must include:

(1) Name of project (Contract number, if applicable)

(2) Name, address, telephone, and/or email of customer contact or contracting officer

(3) Dollar value

(4) Period of performance/Completion date

(5) Brief description of work performed, and why the effort is relevant.

2.4 Price Offer – Provide a complete price breakdown (in Microsoft Excel) of the total proposed price by Labor (Man-hours and Skill Mix), Fringe Benefits, Material, Equipment and Transportation, Subcontracts, Overhead, and Profit, etc. Price breakdown must be provided for the Base Year and all

Option Years.

As part of its quote, the offeror will provide the estimated total cost (if any) incurred to comply with the enterprise Contractor Manpower Reporting Application (eCMRA) requirement. Offeror will determine, in the Bid Schedule, to price or not-separately-price (NSP) the CMRA CLIN requirement.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1525_211968

Enter a price or NSP do not leave this CLIN blank. The Contractor shall bill for all costs, if applicable, associated with the eCMRA requirement under this CLIN.

2.5 Quality Control Plan - Quality Control Plan (QCP): Provide quality control plan to identify, prevent, and ensure non-recurrence of defective services. The Contractor's quality control program is the means by which the Contractor assures that the work complies with the requirement of the contract.

(End of Provision)

FAR 52.212-2 Evaluation – Commercial Items

(a) The Government intends to award a single contract to the responsible offeror whose offer, conforming to the Request for Quote (RFQ) will be most advantageous to the Government, price and other factors considered. Award will be made to the Lowest Priced Technically Acceptable offeror. The following factors will be used to evaluate offers:

(i) Experience

(ii) Price

(iii) Past performance

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

As part of price evaluation, the Government will evaluate its option to extend services (see FAR

Clause 52.217-8) by adding six (6) months of the offeror's final option period price to the offeror's total price. Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six month extension of services period. The Government may choose to exercise the

Extension of Services at the end of any performance period (base or option periods), utilizing the rates of the most recent prior 6 month performance period.

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

(End of Provision)

(END OF SOLICITATION PROVISIONS)