Solicitation02.docx

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and 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. The Combined Synopsis/Solicitation number is W912D0-16-R-0001 and incorporates provisions and clauses for commercial items in effect through Federal Acquisition Circular 2005-87, dated 06 Apr 2016. The NAICS Code is 561720 with a size standard of $18M.

The government intends to award a firm-fixed price Requirements Contract for Custodial Services for the Directorate of Public Works, Fort Wainwright, Alaska. This procurement is 100% set aside for Small Business firms. Service period of performance (POP) will be a 12-month base plus four (4) 12-month options. Tentative POP:

NOTICE TO PROSPECTIVE OFFERORS OF SITE VISIT

a. A site visit will be conducted on 4 May, 2016 at 9:00 a.m. Alaska Time.

b. Attendees will meet at the following location: Conference Room in the basement of the Regional Contracting Office-Alaska, 1064 Apple Street, Fort Wainwright, AK, 99703.

c. In order to access the attendee location, Offerors are required to adhere to Military Regulations to gain access to the installation. Attendees are responsible for gaining access to the installation. Attendees will need to provide proof of insurance and registration of vehicles and have a valid photo ID and/or photo driver's license.

d. Offerors interested in attending the site visit shall limit their participation to two (2) representatives per company and pre-register by providing their company name, mailing address, representative names, telephone numbers and email addresses in writing via email by 4 p.m. Alaska Time on 29 April, 2016 to: Contracting Officer, Ms. Shariyun K. Lawson at shariyun.k.lawson.civ@mail.mil and to contract specialist CPT Richard Scott Button II at richard.s.button2.mil @mail.mil.

e. No additional site visits will be conducted.

FAR 52.212-1 instructions to Offerors—Commercial applies to this acquisition.

ADDENDUM TO FAR 52.212-1 Instructions to Offerors

1. SOLICITATION/OFFEROR REQUIREMENTS

a. OFFER SUBMISSION

(1) Offers shall consist of four volumes. The volumes shall include the following:

I.

II.

3 Sanitized

III.

(2) The offer hardcopies and digital CD/DVD ROM copies shall be submitted to one of the below addresses depending on method of shipment.

For packages sent via USPS

RCO-Alaska Attn: CPT Richard Scott Button

PO BOX 35510

Fort Wainwright, AK 99703

For Packages sent via UPS, Fedex or DHS

RCO-Alaska Attn: CPT Richard Scott Button 1064 Apple Street, Room 207 Ft Wainwright, AK 99703

(3) The Contracting Officer (KO), Shariyun Lawson, or Contract Specialist (KS), CPT Richard Scott Button, are the points of contact (POC) for this acquisition.

(4) Address all questions or concerns you may have to the KO and the KS. Please identify the applicable performance work statement (PWS) paragraph number or solicitation reference with each question. All questions regarding this solicitation shall be submitted in writing via email to:

shariyun.k.lawson.civ@mail.mil and richard.s.button2.mil@mail.mil

Questions shall be submitted no later than 4 p.m. Alaska Time on 13 May, 2016.

Offers shall be submitted no later than 4 p.m. Alaska Time 2 June, 2016.

(5) The hardcopy submission is considered the official offer. If there are any discrepancies between copies and/or formats, the original hardcopy version will take precedence.

(6) Delivery Instructions.

The Digital CD/DVD ROM volumes may be submitted on one CD/DVD ROM with separate folders or separate CD/DVD ROMs. The CD/DVD ROM and footer of each page shall contain:

(1) Solicitation number (W912D0-16-R-0001)

The Volume I-IV original hard copies shall be submitted in loose leaf three-ring binders. The binders shall contain an outer cover sheet that identifies the following information:

The quantity (3) volume II Mission Capability sanitized hard copies shall be submitted in three separate loose leaf three ring binders and shall not contain any logos or name reference to the company/vendor. The company CAGE code shall be placed on the front of the binder.

b. GENERAL INSTRUCTIONS

(1) The selection of a source for award purposes will be conducted utilizing simplified acquisition procedures as delineated in FAR Part 13.106-2, Evaluations of Quotation or Offers. Offers will be evaluated using the criteria under addendum to 52.212-2, “Evaluation Criteria.”

(2) It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical offer and prices in their initial offer submission.

(3) In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful offers. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful offers.

(4) 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. The offeror is reminded that the Government reserves the right to award this effort based on the initial offer, as received, without clarifications.

(5) All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) web site at http://www.fedbizopps.gov. Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

c. OFFER PREPARATION INSTRUCTIONS

(1) Offer Limitation. The Government will not accept any changes to the contractor’s offer after the closing date of the solicitation. If clarifications become necessary, page limitations may be placed on responses. The specified page limits for responses will be identified in the letters forwarding the items of clarification to the offerors.

(2) Page Limit Includes: All appendices, charts, graphs, diagrams, tables, photographs, drawings, etc.

(3) Page Limit does not include covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the offer. They will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. Pages marked “This page intentionally left blank” will not be counted. Pages that exceed the page limit will not be reviewed.

(4) Offer Content

(a) VOLUME I –GENERAL. Volume I shall contain the accurate, fully completed, and signed original of all documents requiring signatures of the offeror. The General Volume shall be organized and contain the identified information.

- A Brief description of the company’s profile and the type of work/expertise organic to the company and its sub-contracting associates and their expertise.

- Exceptions/Assumptions (if required) - Identification and explanation of any exceptions or deviations. Additionally, any assumptions used in the offer preparation must be identified.

- The offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your offer and who can obligate your company contractually.

- Representations, Certifications, and Other Statements of Offerors– The offeror shall ensure that Representations, Certifications, and Other Statements of Offerors are submitted thoroughly completed with all blocks in each certification/representation completed truthfully and completely.

(b) VOLUME II – MISSION CAPABILITY. The mission capability volume shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the Offer. Legibility, clarity and coherence are very important. Offers will be evaluated in accordance with the addendum to FAR 52.212-2, Evaluation- Commercial Items.

The offer shall provide convincing rationale to address how the offeror intends to meet performance work statement (PWS) requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offer. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

Volume II will be evaluated to determine whether offeror has adequate management, staffing, and quality control program resources in place to satisfactorily fulfill requirements of the solicitation PWS. Volume II shall emphasize the offeror’s mission capability, management approach, staffing and quality control plan in providing Custodial services. Offers shall be discussed in sufficient detail to demonstrate overall understanding of the requirement and feasibility of approach concerning the expertise required to perform all required services. The volume shall be organized according to the following general outline:

-Table of Contents -Exceptions/Assumptions (Identification and explanation of any exceptions or deviations). Additionally, identify any assumptions used in preparing the offer.

-Evaluation Criteria (Factors and Subfactors)

Factor 1: Mission Capability Subfactor 1. Management Approach Subfactor 2. Staffing Approach Subfactor 3. Quality Control Plan

Sub factors are met when the offer addresses, describes, and provides a comprehensive explanation/information on the following items.

TAB A – Sub-Factor 1: Management Approach. Under Management Approach, the offeror shall submit the following:

a. A Phase-In plan that details and demonstrates the smooth transition and takeover of the Custodial Services program, to include all aspects to insure proper/full performance of the contract upon start date of services at the conclusion of the 30-day phase-in period. Include: key timelines and events, key events that would impede full performance within 31 days after award.

b. A narrative explaining the approach, techniques, or procedures to be utilized to accomplish the basic functions of planning, organizing, and controlling the PWS requirements, establish adequate customer feedback, customer satisfaction and key control (security).

c. A narrative explaining that the management team has the experience necessary to provide required services based upon its demonstration of a satisfactory history of relevant experience which is relative to the solicitation requirements. This should include an organization chart of the home office and management team; and for any partnerships.

d. Contractor shall demonstrate that they plan to man the work appropriately by submitting a draft cleaning schedule. The draft cleaning schedule must cover the first six months of contract performance.

e. Describe to what extent subcontracting, if applicable, shall be used to satisfy requirements in the solicitation and describe the controls project management will have to ensure timeliness and quality of all subcontracted effort and how this work will be coordinated.

TAB B – Sub-Factor 2: Staffing Approach. Under the Staffing Approach the offeror shall submit the following:

a. A detailed description of the approach to personnel hiring practices and policies, employee selection criteria including job descriptions, how job qualifications are determined, background check policies, training practices and policies, stable staff practices and policies including labor pool availability and incentives

b. A Recruitment and Retention plan that details a clear understanding of the work to be performed and indicates the capability of the proposed infrastructure to obtain and retain suitably qualified personnel to meet the mission objective.

c. Labor matrix (ices) that depicts the productive man-hours for all necessary staffing of Custodial services.

d. An organization chart that shows the skill types/levels, category of employment, and number of personnel. Each position shall be identified with a designation that can be cross-referenced with the productive man-hour matrices, and narratives.

e. A chart that identifies key personnel and the qualifications of key personnel, commensurate with the size and scope of PWS requirements. At a minimum, the qualifications shall include: education, professional experience, and Custodial service experience.

TAB C – Sub-Factor 3: Quality Control Plan: Under the Quality Control Plan the offeror shall submit the following:

a. A description of the approach to develop and disseminate the quality control program and ability to respond to quality control issues to satisfy the size and scope of the requirements as described in the PWS.

b. A description of the methods identifying deficiencies in the quality of services, the inspection techniques and process control methods to adequately ensure performance. Also, the offer shall describe the methods and processes to correct and prevent continuous deficiencies and defects in services. The QCP will ensure the contractor has adequate and standardized procedures in place at start of full performance to monitor performance. (QCP will not be included in the page limitation)

(c) Volume III - PAST PERFORMANCE. The Past Performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant Past Performance, focusing on and targeting performance which is relevant to the effort as it directly relates to the work being procured under this solicitation and as defined in Addendum to FAR 52.212-2 Evaluation – Commercial Items.

Past Performance information described herein is required on the offeror and all subcontractors, teaming partners, and/or joint venture partners proposed to perform 15% of the proposed effort based on the total proposed price.

a. The offeror shall include documentation regarding their relevant past performance as it directly relates to the work being procured under this solicitation. The offeror SHALL NOT go back any farther than 3 years for the submitted data. The past performance data shall document a successful history of past contract performance.

b. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance Volume and information obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems, Defense Contract Management Agency (DCMA) and commercial sources. Offerors are reminded that both independent data and data provided by offerors in their offers may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the offerors. Offers that do not contain the information requested by this paragraph risk receiving an unacceptable performance rating by the Government. The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

c. Submission Requirements. The offeror shall forward the Past Performance Questionnaire, Attachment 3, to their past performance references. The past performance reference must email the completed past performance questionnaire to shariyun.k.lawson.civ@mail.mil and richard.s.button2.mil@mail.mil prior to the solicitation close date and time. No past performance questionnaires will be accepted directly from the offeror. The offeror shall submit a Past Performance Volume containing the following:

-Table of Contents

-Summary Page describing the role of the offeror and each subcontractor, teaming partner, and /or joint venture partner that the offeror is required to provide Past Performance.

-Consent Letters executed by the contractor and each subcontractor, teaming partner, and/or joint venture partner, authorizing the release of past performance information.

-Organizational Structure Change History. Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant present or past efforts or between conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition. To facilitate this relevancy determination, include in this offer volume a "roadmap" describing all such changes in the organization of your company. As part of this explanation, show how these changes impact the relevance of any efforts you identify for past performance evaluation/performance confidence assessment. Since the Government intends to consider present and past performance information provided by other sources as well as that provided by the offeror(s), your "roadmap" should be both specifically applicable to the efforts you identify and general enough to apply to efforts on which the Government receives information from other sources.

-The offeror shall provide documentation outlining the offeror’s past performance with contracts, as a prime or major subcontractor, which is the same or similar in nature, size, and complexity to the services being procured under this Solicitation. The submittal shall include rationale supporting your assertion of relevance and how it was determined that the work performed previously was the same or similar in nature, size, and complexity to the work specified by this solicitation.

(d) Volume IV – PRICE. The offeror shall complete the bid sheet on Attachment 2 to the solicitation.

The Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as is deemed necessary to arrive at a fair and reasonable price.

52.212-2 -- Evaluation -- Commercial Items. (Oct 2014) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(a) Factors.

1. FACTOR I – MISSION CAPABILITY

Sub-factor 1- Management Approach Sub-factor 2- Staffing Approach Sub-factor 3- Quality Control Plan

2. FACTOR II – PAST PERFORMANCE

3. FACTOR III - PRICE

(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).

(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)

ADDENDUM TO 52.212-2 EVALUATION CRITERIA

1. BASIS FOR AWARD AND EVALUATION CRITERIA

A. BASIS FOR CONTRACT AWARD

(1) This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) PART 12, Acquisition of Commercial Items and FAR PART 13.5, Simplified Procedures for Certain Commercial Items. Award will be made to a single offeror who is deemed responsible in accordance with the FAR, whose offer conforms to the solicitation requirements, and whose offer, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, is the most advantageous to the Government.

(2) The government reserves the right to conduct a price realism analysis at any point during the evaluation process. The Government will evaluate prices for reasonableness using adequate competition and price analysis techniques.

2. AWARD FOR ALL THE WORK. The Government intends to award a single Requirements Contract as a result of this solicitation.

3. EVALUATION CRITERIA.

a. Evaluation criteria consist of factors and sub-factors. The offers will be evaluated under three evaluation factors and three sub-factors.

1. FACTOR I – MISSION CAPABILITY

Sub-factor 1- Management Approach Sub-factor 2- Staffing Approach Sub-factor 3- Quality Control Plan

2. FACTOR II – PAST PERFORMANCE

3. FACTOR III - PRICE

b. Factor 1: Mission Capability. Mission Capability will be evaluated based on the technical merit for each stated sub-factor. The evaluation method for making this determination on technical merit is set out below.

1. Sub-Factor 1: Management Approach- To be determined acceptable the offeror shall:

a. Include a Phase-In plan that details and demonstrates a smooth transition and takeover of the Custodial Services program, to include all aspects to insure proper/full performance of the contract upon start date of services at the conclusion of the 30-day phase-in period. Include: key timelines and events, key events that would impede full performance within 31 days after award.

b. Include a narrative explaining the effective approaches, techniques, or procedures to be utilized to accomplish the basic functions of planning, organizing, and controlling the PWS requirements, establish adequate customer feedback, customer satisfaction and key control (security).

c. Include a narrative detailing and demonstrating that the management team has the experience necessary to provide required services based upon its demonstration of a satisfactory history of relevant experience which is relative to the solicitation requirements. This should include an organization chart of the home office and management team; and for any partnerships.

d. Contractor shall demonstrate that they plan to man the work appropriately by submitting a draft cleaning schedule. The draft cleaning schedule must cover the first six months of contract performance.

e. Describe to what extent subcontracting, if applicable, shall be used to satisfy requirements in the solicitation and describe the controls project management will have to ensure timeliness and quality of all subcontracted effort and how this work will be coordinated.

2. Sub-Factor 2: Staffing Approach- To be determined acceptable the offeror shall:

a. Include a detailed description of the approach to personnel hiring practices and policies, employee selection criteria including job descriptions, how job qualifications are determined, background check policies, training practices and policies, stable staff practices and policies including labor pool availability and incentives.

b. Include a Recruitment and Retention plan that details a clear understanding of the work to be performed and describes the capability of the proposed infrastructure to obtain and retain suitably qualified personnel to meet the mission objective.

c. Include labor matrix (ices) that depicts the productive man-hours for all necessary staffing of Custodial services.

d. Include an organization chart that shows the skill types/levels, category of employment, and number of personnel. Each position shall be identified with a designation that can be cross-referenced with the productive man-hour matrices, and narratives.

e. Include a chart that identifies key personnel and the qualifications of key personnel, commensurate with the size and scope of PWS requirements. At a minimum, the qualifications shall include: education, professional experience, and Custodial service experience.

3. Sub-Factor 3: Quality Control Plan (QCP) - To be determined acceptable the offeror shall:

a. Describe in detail the approach to develop and disseminate the quality control program and ability to respond to quality control issues to satisfy the size and scope of the requirements as described in the PWS.

b. Describe the methods of identifying deficiencies in the quality of services, the inspection techniques and process control methods to adequately ensure performance. Also, the offer shall describe the methods and processes to correct and prevent continuous deficiencies and defects in services. The QCP will ensure the contractor has adequate and standardized procedures in place at start of full performance to monitor performance. (QCP will not be included in the page limitation)

4. Each mission capability sub-factor will receive one of the adjectival ratings defined below. To receive an acceptable rating for this factor, all sub factors must be rated acceptable.

Table A-1. Technical Acceptable/Unacceptable Ratings

c. Factor 2: Past Performance: The Past Performance evaluation will assess the relative risks associated with an offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that offeror’s record of past performance. Performance risk is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Past performance areas of evaluation include:

-Quality of Service -Timeliness of Performance -Business Practices -Customer Satisfaction -Personnel

1. Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

2. Relevancy Assessment. To be relevant, the effort must be of similar nature in work, size, magnitude, complexity and scope. The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature, size, and complexity to the services/products being procured under this solicitation.

3. Assigning Ratings. The Past Performance Factor will be assigned one of the ratings defined below. An award will not be made to any offeror who receives an “Unacceptable” past performance rating.

Table A-2. Past Performance Evaluation Ratings

Acceptable

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

4. Offerors without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, will not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

d. Factor 3: Price. Price is not formally scored. The government expects competitive offers to be submitted for this procurement and will use these competitive offers to determine price reasonableness. If competitive offers are not received, the Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness.

(1) Completeness. Each offeror is required to provide complete pricing for each contract line identified.

(2) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the options(s).

(3) The Government will evaluate the option contained in clause 52.217-8 by adding to the total price one half the amount of the final year's option price (base year if no options). Evaluation of this option shall not obligate the Government to exercise this option. The offeror shall not include pricing for this option period on their offer.

e. Definitions.

Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Completeness/Accuracy. The offeror is in compliance with the Price Volume instructions in the solicitation.

Contract Clauses and Provisions

52.212-1, Instructions to Offerors - Commercial Items (Oct 2015) 52.212-2, Evaluation - Commercial Items (Oct 2014) 52.212-4, Contract Terms and Conditions – Commercial Items (May 2015) 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014) 52.222-22, Previous Contracts and Compliance Reports (Feb 1999) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) 52.223-1, Biobased Product Certification (May 2012) 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Oct 2015) 52.228-5, Insurance-Work On A Government Installation (Jan 1997)

DFARS 252.201-7000 Contracting Officer's Representative (DEC 1991) DFARS 252.203-7000, REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS 252.203-7002, REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS 252.203-7005, REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS 252.204-7011, Alternative Line Item Structure (SEP 2011) DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2015) DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (OCT 2015) DFARS 252.209-7991, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Complete at Attachment 5) DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (JUN 2012) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

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, 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.] _XX__ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_XX__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 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).

_XX__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 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] _XX__ (14) (i) 52.219-6, Notice of Total Small Business 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.

_XX__ (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)).

_XX__ (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).

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

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

__XX_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

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

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

__XX_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

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

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

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

__XX_ (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 Television (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® -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).

__XX_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 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)).

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

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 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.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) __XX_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_XX__ (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).

_XX__ (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).

_XX__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016) (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 (Sep 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 (1) 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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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 (Mar 2016).

(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)

252.216-7006 Ordering (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from (to be filled in prior to award) through (to be filled in prior to award)[insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued”when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

52.216-19, Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ____$100.00_________ the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of ___$900,000.00__________

(2) Any order for a combination of items in excess of ___$900,000.00___________

(3) A series of orders from the same ordering office within ______3_______ days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause) 52.216-21, Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause.