W912D1-17-R-0RLB.rev1.rtf

DRAFT Request for Proposal file_0.wmf

RCC-KU

Camp Arifjan, Kuwait

W912D1-17-R-0RLB

Acquisition Information file_1.wmf file_2.wmf

Draft Solicitation:

Date Issued: 26 Jun 2017

Responses are Due:

10 July 2017, Kuwait Time NAICS Code: 332311 Prefabricated Metal Buildings

RFQ Issued By:

APO, AE 09366

Contracting Officer:

Major Jeffrey M. Donaldson

SSG Tom Green E-Mail:

jeffrey.m.donaldson.mil@mail.mil" jeffrey.m.donaldson.mil@mail.mil tom.green2.mil@mail.mil Contract Specialist Mike Duncan

Email:

micheal.a.duncan.ctr@mail.mil

THIS IS A DRAFT SOLICITATION- THE U.S. GOVERNMENT IS SOLICITING INDUSTRY FEEDBACK-

-THIS IS NOT A REQUEST FOR ACTUAL SUPPLIES-

Competition: Full and Open Performance Location: OCONUS – CENTCOM Area of Responsibility PROPOSED CONTRACT TYPE: Firm Fixed Price;

Multiple Award Indefinite Quantity- Indefinite Delivery Order Contract (MA IDIQ) Metric: Fair Opportunity to Compete Target: 100% of all Delivery Orders awarded under the fair opportunity process

Number of Contracts: Award two – four each MA IDIQ Contracts, Base Year, plus four, one-year options periods.

Performance Level: FAR Subpart 15.505 - Individual Delivery Order Procedures

Funds: All funding for the MA IDIQ shall be authorized at the individual delivery order level.

Quality Assurance: Assigned MA IDIQ Master Contracting Officer Representative and COR for each Delivery Order

Background:

1. US ARMY CENTRAL COMMAND requires an energy efficient (R-15+) relocatable building (RLB) solution to replace traditional soft shell Force Provider tents and aging facilities. The RLB design must be erectable by unskilled labor (i.e. troop labor), re-deployable, well insulated, equipped with low power consumption components (i.e., environmental control units (ECU), light emitting diode (LED) lighting) and other energy efficient technologies.

2. RCC-KU seeks input/feedback from prospective Offerors on this draft Solicitation document, particularly the Statement of Work, Contract Type, and proposed Solicitation/ Contract Line Item Structure (CLIN). The objective of this draft request for quote is to obtain industry input and expertise in order to capture the current state of commercially available products and technology. The feedback is intended to achieve a formal source selection which reflects the best business case. RCC-KU anticipates a formal source selection process in accordance with FAR Subpart 15.3 for this requirement in the near term.

3. Responses from respondents (to include requests for information) shall not exceed three pages. Submittal Instructions:

RCC-KU also requests permission from all respondents to publicize company/organization name, capability statement (if applicable), and contact information for possible teaming (joint ventures) and subcontracting opportunities. Please indicate your company/organization’s agreement or disagreement for publishing this information.

All responses shall be submitted via email to TBD by 4pm Kuwait Standard Time 10 July, 2017. All email responses must use the SUBJECT LINE: W912D1-17-R-0RLB, DRAFT RFP RESPONSE.

DRAFT - Proposal Submission Information – DRAFT file_3.wmf file_4.wmf

PROPOSAL SUBMISSION INFORMATION: Proposals shall be e-mailed to the addresses identified above. E-mail is the preferred method for offer/feedback/comments submission. Your offer shall include a signed copy of page 3 or the contractor equivalent with all the information requested. Offerors may submit a different line item structure; however, all offers must meet the specifications and requirements set forth in this DRAFT RFQ. Shipping/delivery information is required is required.

EVALUATION OF OFFERS: BEST VALUE - LOWEST PRICE TECHNICALLY ACCEPTABLE

Offers will be evaluated by total price (Factor 1) from lowest to highest, and Technically Acceptable (Factor 2) and Past Performance (Factor 3). Element A, under technical is Unified Facilities Criteria compliance. Element B, under technical is Capability, which shall consist of (c) Prior Technical Experience and (d) Capacity. Factor 3, Past Performance will be evaluated at the IDIQ level. Past Performance information will be retrieved from the Past Performance Information Retrieval System (PPIRS). The Government, reserves the right to contact any and all references listed in an offeror’s proposal, or obtain past performance information independent of these sources to acquire sufficient information to adequately assess an offeror’s past performance. Discussions will not be conducted. At the Government’s discretion, based upon the depth and scope of mission requirements, three to four of the offerors whose quotes are deemed lowest priced, and technically acceptable, determined to be responsible, responsive offerors are anticipated to receive a contract award. The Government reserves the right to award two to four MA IDIQ RLB contracts, or none.

FACTOR 1 - Price: The Government will evaluate price for reasonableness. An offeror proposal that is unbalanced in its pricing shall be determined unacceptable.

FACTOR 2 - Technically Acceptable:

Element A - Unified Facilities Criteria (UFC) compliance

The Government will evaluate the offeror’s proposal on its compliance with United Facilities Criteria (UFC) Criteria detailed in the Statement of Work (SOW).

Element B - Capability

The offeror’s technical capability to satisfy the Government’s requirements will be evaluated based on the information provided in the proposal. The offeror’s proposal shall demonstrate a clear understanding of the nature and scope of the work specified in the SOW. The Government will assess the offeror’s ability to successfully deliver the RLB envelopes, packages, RLB complexing, UFC compliant components, and materials outlined in the SOW. Failure to provide a clear reasonable and complete proposal shall reflect a lack of technical capability to meet the minimum requirements and will result in a determination that the offeror’s proposal is unacceptable. The following elements will be assessed as part of this factor:

Sub-Element - Prior Technical Experience

Sub-Element - Capacity

Prior Technical Experience/Capacity. Experience is the opportunity to learn by doing. The Government will evaluate each offeror’s prior technical experience and capacity on the basis of its number of opportunities, not number of years, and relevance to the work that will be required under the prospective contract, to determine the likelihood that the offeror will be able to perform this contract in a manner that is completely successful.

Adjectival Ratings: The following adjective ratings will be used in evaluation of technically acceptable:

Table 1 - Adjectival Ratings Technically Acceptable / Unacceptable Ratings

Adjectival Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Technically Acceptable: Prototypes, demonstration models, used or refurbished instruments, equipment and components will not be considered. The Government will evaluate whether the offeror’s proposal demonstrates that it meets or exceeds all salient characteristics. An offeror’s proposal that fails to clearly demonstrate compliance with UFC criteria will be rated unacceptable. A proposal that does not demonstrate the offeror’s proposed RLBs meet all requirements, will not be considered further for award. If an offeror’s proposal does not indicate whether its proposed RLBs meet a particular minimum requirement, USARCENT will determine that it does not.

A technically acceptable determination will be made based solely on information provided by the offeror. The offeror shall submit in addition to the price quote:

Relocatable Building PRODUCT DATA, Specifications, DRAWINGS, and PRODUCT CATALOGS, that details the structure dimensions, component sizes, location and sizes of entrances, weight, load capacity, electrical capacity, wiring diagrams, location of outlets, parts list, schematic and other technical details including but not limited to HVAC/Environmental Control Unit manufacturer specifications and manuals, power interfaces, and other major components. The specification will be provided in digital media format.

Photographs of Products

Detailed product specification to include make, model, manufacturer part number, size, electrical and capacity

TECHNICAL INFORMATION MUST BE DETAILED ENOUGH TO ALLOW THE GOVERNMENT TO MAKE A TECHNICALLY ACCEPTABLE DETERMINATION.

The Contracting Officer may choose to request additional information from offerors regarding relevant technical experience. This may include the extent and relevance of current and previous experience in successfully providing supplies similar in size, scope and complexity to the requirements identified in this MA IDIQ solicitation, and when soliciting proposals for each delivery order.

The manufacture and delivery of relocatable buildings conforming to the Unified Facilities Criteria (UFC), and the unique USARCENT requirements outlined in the SOW, complexity, and difficulty compared to the performance requirements under the prospective MA IDIQ contract that will supply RLBs for the entire twenty-nation CENTCOM Area of Responsibility.

FACTOR 3 - Past Performance

The following Past Performance Relevancy and Experience Confidence Ratings tables below will be used in the evaluation of past performance:

Relevancy Definitions

Table 2 - Past Performance Relevancy Definitions Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar the same scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the same scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the same scope and magnitude of effort and complexities this solicitation requires.

Past Performance Experience Confidence Assessment Ratings

Table 3 - Past Performance Experience Definitions Rating Definition

Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation the offeror will successfully perform the required effort Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation the offeror will successfully perform the required effort Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation the offeror will successfully perform the required effort No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral) No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Offeror’s Information Offeror:

POC:

Email:

Phone:

ITEM

DESCRIPTION

QTY

UNIT

UNIT PRICE

TOTAL PRICE

RCII Rated - MWR, Religion, Assembly, Theater Package (50 -250 people) This package will be scalable for assembly and gathering to support seating personnel in increments of 50 individuals. These structures will meet RCII standards unless otherwise specified. The assembly is designed to support a maximum of 250 personnel.

See attachment 1, Statement of Work, dated 9 June 2017 for a complete item description

TBD

Sq. Ft.

RCII Rated - Latrine, Shower, Laundry Package Latrine, Shower, Laundry RLBs - minimum 10’x20’ sized RLB envelope. These structures will meet RCII standards unless otherwise specified. This package will be further refined in vendor submissions at the delivery order level as a shower unit, combination shower/latrine unit, toilet unit, and laundry unit. Typical 10’x20’ RLB envelope combination configured units are either a 4 shower + 2 latrine units per envelope or 3 shower + 3 latrine units per envelope, typical 10’x20’ shower or latrine configured units have a minimum of 5+ units per envelope, typical 10’x20’ laundry units are configured with 3+ washer and 3+ dryer units per envelope.

QTY

UNIT

RCII Rated - Billets Housing Package Standard size will be programmed at 72 sq. ft. per individual. These structures will meet RCII standards unless otherwise specified

RCII Rated - Administrative Package These structures will meet RCII standards for an assembly designed to support a maximum of 250 personnel. RLB envelopes intended for utilization as administrative space must account for communications lines with integrated but separate wire racks for NIPR and SIPR routing to workstations based on intended layout.

RCIII Rated - MWR, Religion, Assembly, Theater Package - (251 or more people) This package will be scalable for assembly and gathering to support seating personnel in increments of 50 individuals. These structures will meet RCIII standards designed to support 251 or more personnel.

QTY

UNIT

RCIII Rated - DFAC/Kitchen Package The DFAC/Kitchen package will be scalable to accommodate 450 personnel per meal with seating for 150 personnel and 3 feeding periods per meal. RLB envelope structure for multiple DFAC seating areas and Kitchen may be interconnected however no complexed area will independently exceed 3840 sq. ft. Due to the number of personnel supported this package requires RCIII RLB envelope.

RCIII Rated - Administrative Package These structures will meet RCIII standards designed to support greater than 250 personnel. RLB envelopes intended for utilization as administrative space must account for communications lines with integrated but separate wire racks for NIPR and SIPR routing to workstations based on intended layout.

QTY

UNIT

RCIV Rated- Gym Package (Cardio Equipment Only)

This package will be scalable in increments to accommodate 50 individuals. Cardio Equipment gym sets will utilize a minimum RCIV rated RLB envelope(s) (ref para 2.1.2)

RCIV Rated - Gym Package This package will be scalable in increments to accommodate 50 individuals.

Cardio Equipment and/or Weight lifting gym sets will utilize a minimum RC IV RLB envelope(s) Gym floor systems will utilize a durable impact resistant noise dampening surface that when applied over the floor system can withstand the forces defined for the floor system without signs of distress.

French style doors that meet the fire rating (ref para 2.24.1.1) and accommodate equipment or emergency personnel with electronic access system for disabled personnel.

QTY

UNIT

RCIV Rated - Aid Station/Clinic Package This package will be scalable with 32’x20’ or similarly sized RLB envelopes. Aid Station/Clinic Package will at a minimum utilize the RCIV envelope(s)

RCIV Rated- DFAC/Kitchen Package The DFAC/Kitchen package will be scalable to accommodate 450 personnel per meal with seating for 150 personnel and 3 feeding periods per meal. RLB envelope structure for multiple DFAC seating areas and Kitchen may be interconnected however no complexed area will independently exceed 3840 sq. ft. This package requires RCIV RLB envelopes.

QTY

UNIT

RCV Rated - Gym Package This package will be scalable in increments to accommodate 50 individuals.

Cardio Equipment gym sets and/or Weight lifting gym sets will utilize a minimum RCV RLB envelope(s) (ref para 2.1.3).

Gym floor systems will utilize a durable impact resistant noise dampening surface that when applied over the floor system can withstand the forces defined for the floor system without signs of distress.

RCV Rated - Aid Station/Clinic Package This package will be scalable with 32’x20’ or similarly sized RLB envelopes.

Aid Station/Clinic Package will at a minimum utilize the RCV RLB envelope(s) (ref para 2.1.3).

Exterior windows (non-tinted) must be provided with roll shades/rouladens to provide natural light.

Interior construction material must have smooth seamless surfaces to reduce housekeeping requirements and minimize contamination.

QTY

UNIT

RCV Rated -DFAC/Kitchen Package The DFAC/Kitchen package will be scalable to accommodate 450 personnel per meal with seating for 150 personnel and 3 feeding periods per meal. RLB envelope structure for multiple DFAC seating areas and Kitchen may be interconnected however no complexed area will independently exceed 3840 sq. ft. This package requires RCV RLB envelopes.

RCII, RCIII, RCIV or RCV Rated- Package -To Be Determined at the Delivery Order Level

RCV Rated- SCIF Package -To Be Determined at the Delivery Order Level

Any T-SCIF (T = Temporary) constructed in theater from RLBs must be accredited by the Service Component Command. Intelligence Community Directive (ICD) 705 and Intelligence Community Standards (ICS) 705-1 and 705-2 describe requirements for traditional real property SCIF structures. The SCIF package will be scalable with 32’x20’ or similarly sized RLB envelopes

QTY

UNIT

Pitched Roof - covers the entire RLB assembly. The roof may be a structural pitched roof or a membrane to achieve shading and ventilation to aid in HVAC efficiency. The pitched roof will be a two pitch configuration and designed to support the weight of a photovoltaic system and the weight required for personnel to maintain the system.

Wind Turbine/Solar PV A multidirectional wind turbine generator capable of providing 24+ volts 400+ watts per RLB.

Each

QTY

UNIT

Vendor Representative (On-Site)

Person

Contractor Manpower Report

NSP

Defense Base Act

COST

The amount listed by the offeror on this contract line item number (CLIN) is the estimated DBA insurance premium (estimated payroll of the Offeror and its subcontractors). The DBA insurance premium amount varies with payroll and the nature of the services. The actual amount paid by the Government under this CLIN will be based on the amount of the stamped receipt from an approved Department of Labor (DoL) insurance carrier and submitted by the offeror after award for reimbursement. In the event premiums are recalculated by the approved DoL insurance carrier based on actual payrolls, the contracting officer will adjust the DBA cost CLIN amount to reflect the actual premium amount paid. The U.S. Government will NOT reimburse the contractor for DBA insurance purchased from a non-DoL approved insurance provider. THIS CLIN WILL BE REQUIRED PER DELIVERY ORDER, IF A VENDOR REPRESENTATIVE IS NEEDED.

FOB: Destination

Each

SHIPPING

To Be Specified at the Delivery Order level for each CENTCOM AOR Location

LT

WARRANTY

See attachment 1, Statement of Work, dated 9 June2017 for a complete item description

Note: The CLIN Schedule for Option Year 1 – Option Year 4 will mirror the Base Year schedule shown above. These pages are not shown in this DRAFT solicitation.

SECTION C –See Attachment 1- Statement of Work

DELIVERY: FOB DESTINATION

file_5.wmf

The contractor proposes the following delivery schedule: To Be Determined by Individual Delivery Order requirements.

THE ABILITY TO DELIVER RLBS TO ANY LOCATION WITHIN THE CENTCOM AOR IS REQUIRED:

CENTCOM AOR: Afghanistan, Bahrain, Egypt, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Qatar, Saudi. Arabia, Syria, Tajikistan, Turkmenistan, United Arab Emirates (UAE), Uzbekistan, and Yemen.

PAYMENT TERMS & F.O.B.:

The Government shall consider this offer with payment terms of NET 30 unless one of the following blocks are marked and filled-in completely:

1. Use the following DISCOUNT TERMS for this offer:

days; Net 30

2. Use the following QUANTITY DISCOUNT TERMS for this offer: % days; Net 30

The Government will consider all offers F.O.B Destination

ADDITIONAL INFORMATION (for Offeror Use):

{Insert Name and Title}

{Signature}

{Date}

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions

NOV 2013

52.203-3 Gratuities

APR 1984

52.212-1 Instructions to Offerors –Commercial Items

JAN 2017

52.212-4 Contract Terms and Conditions -- Commercial Items

JAN 2017

52.225-14 Inconsistency Between English Version and Translation of Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications

OCT 2015

52.232-39 Unenforceability of Unauthorized Obligations

JUN 2013

52.233-1 Disputes

MAY 2014

52.233-3 Protest After Award

AUG 1996

52.233-4 Applicable Law For Breach Of Contract Claim

OCT 2004

52.247-34 F.o.b. Destination

NOV 1991

52.253-1 Computer Generated Forms

JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

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

252.222-7007 Representation Regarding Combating Trafficking in Persons

JAN 2015

252.225-7000 Buy American—Balance of Payments Program Certificate

NOV 2014

252.225-7001 Buy American and Balance of Payments Program

DEC 2016

252.225-7002 Qualifying Country Sources as Subcontractors

DEC 2016

252.225-7012 Preference for Certain Domestic Commodities

DEC 2016

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas)

JUN 1997

252.232-7010 Levies on Contract Payments

DEC 2006

252.233-7001 Choice of Law (Overseas)

JUN 1997

252.243-7001

Pricing of Contract Modifications

DEC 1991

252.243-7002 Requests for Equitable Adjustment

DEC 2012

252.244-7000 Subcontracts for Commercial Items

JUN 2013

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

OCT 2010

252.247-7022 Representation of Extend of Transportation by Sea

AUG 1992

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 -- System for Award Management (Oct 2016) As prescribed in 4.1105(a)(1), use the following provision:

(a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) By submission of an Offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2016)

As prescribed in 4.1804(a), use the following provision:

(a) Definition. As used in this provision—

“Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://www.cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision)

52.212-2—Evaluation—Commercial Items (Oct 2014)

The Government will award two (2) to four (4) contracts resulting from this solicitation to the responsible, responsive offerors 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:

Price, Technically Acceptable (LPTA)

Past Performance file_6.wmf file_7.wmf

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).

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.

52.212-5-- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2017)

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:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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:

file_8.wmf file_9.wmf

[Contracting Officer check as appropriate.]

_X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

(10) [Reserved]

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business 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.

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Nov 2016) of 52.219-9.

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

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

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

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

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

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

(28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

(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).

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

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

_X 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 __$30,000.00___ [insert dollar figure or quantity], 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 __$13.5,000,000___ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of _$13.5,000,000__ [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within ______30_______ 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 _10____ 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)

52.217-5 -- Evaluation of Options, (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, 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 will not obligate the Government to exercise the option(s).

(End of Provision)

52.216-22 -- Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _______________ [insert date].

(End of Clause)

52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014)

(a) The Contractor shall--

(1) Before commencing performance under this contract, establish provisions to provide for the payment of disability compensation and medical benefits to covered employees and death benefits to their eligible survivors, by purchasing workers' compensation insurance or qualifying as a self-insurer under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act (42 U.S.C. 1651, et seq.), and continue to maintain provisions to provide such Defense Base Act benefits until contract performance is completed;

(2) Within ten days of an employee's injury or death or from the date the Contractor has knowledge of the injury or death, submit Form LS-202 (Employee's First Report of Injury or Occupational Illness) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR

702.201 to 702.203);

(3) Pay all compensation due for disability or death within the time frames required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232);

(4) Provide for medical care as required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 907, 20 CFR 702.402 and 702.419);

(5) If controverting the right to compensation, submit Form LS-207 (Notice of Controversion of Right to Compensation) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251);

(6) Immediately upon making the first payment of compensation in any case, submit Form LS-206 (Payment Of Compensation Without Award) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234);

(7) When payments are suspended or when making the final payment, submit Form LS-208 (Notice of Final Payment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c) and (g), 20 CFR 702.234 and 702.235); and

(8) Adhere to all other provisions of the Longshore and Harbor Workers' Compensation Act as extended by the Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to 704.

(b) For additional information on the Longshore and Harbor Workers' Compensation Act requirements see http://www.dol.gov/owcp/dlhwc/lsdba.htm.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts to which the Defense Base Act applies.

(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 __________ through ____________ [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.

(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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b) (35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(37) (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.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40) (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.

(41) (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.

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

(43) (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.

_X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). (x)

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

(47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(49) (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.

(50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 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).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). (x)

(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(62) (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.

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, Non-displacement of Qualified Workers (May 2014) (E.O. 13495)

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

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

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Requirements (May 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

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.

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.

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.

As used in this clause, records include books, documents, accounting procedures and practices, and other data,…