W9132T-17-T-0026.docx

W9132T-17-T-0026

Section B - Supplies or Services and Prices

Low-E Coating Demonstration

FFP

Low-Emittance (Low-E) Coating Demonstration at Ft. Campbell, Kentucky. Perform services in accordance with the Performance Work Statement in Section C. This amount shall be inclusive of all labor, materials, and other costs required to complete the services. Quotes shall include all documentation required by Sections L and C.

FOB: Destination

MILSTRIP: W81EWF70387031

PURCHASE REQUEST NUMBER: W81EWF70387031

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

LOW-EMITTANCE (LOW-E) COATING DEMONSTRATION AT FT. CAMPBELL, KENTUCKY

1. INTRODUCTION: The Department of Defense (DoD) has 300,000 buildings with 2.2 billion ft2 of space. Each year, DoD spends $4 billion a year on “facility energy” to power its buildings. The total cost of heating and cooling is 40% of $4B/year, or $1.6B/year. Currently, Army facilities energy usage attributed to heating and cooling is 31.2T BTUs or $520M/year. Thus reducing heating and cooling cost is critical for energy saving in the Army buildings. In addition, the Energy Independence and Security Act of 2007 (EISA 2007) require the Army to reduce energy consumption and Army Directive 2014-02 strives toward “net zero” energy use at all Army installations. In order to archive these ultimate goals and meet other regulations, it is necessary to apply and evaluate cost-effective technologies to reduce fuel consumption and lower the associated costs. Radiation is the dominant mode of heat transfer in the attics spaces. Applying a low-e coating on the underside of a roof can significantly reduce radiative heat exchange between attic surfaces which will reduce interior temperatures and extend the life of building structures.

Impact to the Army: The Army would benefit from utilizing of low thermal emittance (low-e) surface coatings. This product can reduce the Army energy consumption, subsequent utility, and manpower costs. According to the research conducted by the National Renewable Energy Laboratory (NREL), an over 24% reduction of the cooling loads during simulated summer daytime conditions. Other studies also demonstrate energy savings potential of radiant barriers. Based on these studies, it can be expected that significant energy savings can be achieved by applying low-e coatings as described above.

Projects were approved under the Installation Technology Transition Program (ITTP) to demonstrate and validate the benefits of applying a low-e coating to the underside of the attic area. The coating will be applied to two selected buildings at Ft. Campbell, Kentucky.

The two selected buildings ((867 and 869) are both World War II woods construction type ideally suited for this demonstration. These buildings contain known asbestos. A walk through inspection was conducted and in accordance with the specified scope of work of this project and the results indicated that there will be no disturbance of known asbestos or suspect asbestos materials. However, destructive sampling methods were not used during initial inspections. Therefore, this project may also encounter materials that are unknown. In any case, coordination must be made with the Environmental Division, the Toxic Substance Control Act (TSCA) Program prior to disturbance of materials or demolition activities. Contact the TSCA office at 270-798-9604 or 270-798-9635.

Because this is part of a demonstration project, the contractor shall be required to maintain a high level of coordination with various entities associated with the project including: the Directorate of Public Works (DPW) at Ft. Campbell, US Army Construction Engineering Research Laboratory (CERL) researchers responsible for the project, and the Contracting Officer’s Technical Representative (COR). The Ft. Campbell POC of this project is Mr. Mir F. Khan (270)-412-0811, email: mir.f.khan.civ@mail.mil.

2. OBJECTIVE: The objective of this work is to demonstrate the effectiveness of a low-emittance coating (LO/MIT-II MAX, SOLEC-Solar Energy Corporation, NJ, USA) in reducing emittance/radiant heat from the roof to the interior spaces, ultimately reducing the cooking load and the associated energy to maintain indoor temperatures.

3. MAJOR REQUIREMENTS: It shall be necessary for the Contractor to complete the following tasks:

a. Task 1 – Work Plan: The contractor shall develop a draft Work Plan within fourteen (14) calendar days after award of this contract. The Work Plan shall be developed taking all information provided on the Record of Environmental Consideration (REC) provided as an attachment to the solicitation for this work (FC FORM 200-2, FEB 2015).

The Contracting Officer’s Representative (COR) will review the Work Plan and request any revisions determined necessary within seven (7) calendar days of receipt. The contractor shall submit a final Plan, incorporating COR review comment, within seven (7) calendar days of receipt of comments. On-site work will not begin until the COR has approved the final Work Plan.

As a minimum, the Work Plan shall consist of the following:

· Project Schedule

· Health and Safety Management Plan (per EM 385-1-1)

· Contractor Quality Control Plan Data

i) Project Schedule (PS) Requirements: The COR reserves the right to require revisions if, in the Government’s judgment, the schedule is unrealistic or fails to account for critical activities, sequences, or durations. Note that the PS shall be the basis for measuring Contractor progress for the purpose of payment during site activities. The PS shall be developed in sufficient detail including a description of approach to the work that the Government can evaluate progress and the value of the work performed during each invoice period. In additional to definable features of the work, the PS shall include procurement activities, submittal and review times, testing, inspection, interim milestones, and project closeout activities. The Contractor shall update the PS as needed within the period of performance. If delays are encountered, the Contractor shall indicate how the PS will be recovered or revised.

ii) Health and Safety Management Plan: Requirements are given in EM 385-1-1, Safety and Health Requirements Manual. Work shall be performed in accordance with the requirements of this contract as well as the requirements of 29 CFR 1910 Occupation Safety and Health Standards, and EM 385-1-1 USACE Safety and Health Regulations Manual. If any of these standards require permits to be obtained the contractor shall obtain those permits and provide copies in their final work plan prior to on-site work commencing. Other items related to health, safety, and environmental issues to be complied with include the following:

(A) Any waste and refuse generated, including but not limited to removed covers, spent paint media, paint containers and application waste, shall be entirely removed from the installation. Local disposal options will not be available. Burning of refuse and debris at the project site will not be permitted. At the conclusion of the work, the site area shall be returned to its original condition state. The Contractor shall protect all property around the work sites. Any damage done to surrounding areas or surfaces and any soil disturbance shall be repaired to original conditions.

(B) All work shall be done in a neat and orderly manner in accordance with applicable OSHA; EPA; State of Kentucky; and Army Environmental regulations. The Contractor shall be responsible for complying with all safety and environmental regulations that are in effect at the respective sites.

iii) Contractor Quality Control (CQC) Requirements: The Contractor shall perform all CQC inspection and/or testing to ensure compliance to all contract requirements. The CQC system shall consist of plans, procedures, and organization necessary to provide materials, equipment, workmanship, fabrication, installation, and operations which comply with contract requirements. The system should include methods for ensuring that coatings are applied in accordance with the manufactories instructions including dry film thickness. A test panel shall be used to demonstrate quality of coating application. The test panel shall be a wood surface no smaller than 2ft by 2ft square. The system shall cover installation operations, including fabrication both onsite and offsite, and shall be keyed to the proposed implementation sequence. The system shall specifically address how the contractor proposes to administer the CQC Program. The Contractor shall designate a person that is on-site to be responsible for executing the CQC program.

b. Task 2 - Surface Preparation and Coating Application: The contractor shall conduct surface preparation and application of the low-e coating described above to the attic spaces of two buildings (867 and 869). The total area is approximately 3,650 square foot per building with a total area of approximately 7,300 square feet. Additional requirements are:

i) DAILY LOGS: The contractor shall maintain daily logs of all work on the site, including temperature and humidity conditions. All testing waste disposal materials and receipts for disposal shall be maintained and provided to the Ft. Campbell DPW for records.

ii) SITE ACCESS: Access to the attic spaces is through the gable vents at the outside end of each building. The gable vents are attached by screws and the contractor will have to remove them to enter the work area. The contractor shall reinstall the gable vents once the coating application is complete. There are other entry points into the attic via openings inside the building and will be shown to the contractor by either the COR or Ft. Campbell DPW staff when needed.

iii) PREPARATION: The contractor shall ensure proper preparation of the attic space to receive the coating to include removal of dust and debris. Coating shall be applied to surfaces that are free from dust, dirt, debris, oil, grease and other foreign materials.

****The use of compressed air for cleaning the surfaces of the attic spaces is prohibited*** Before full application of the low-e coating (LO/MIT-II MAX) material, the contractor must prepare a test panel (2ft by 2ft) to demonstrate to the COR quality control measures to ensure proper thickness in accordance with the CQC plan. The paint expert from US Army Construction Engineering Research Laboratory (CERL) will then take thickness measurements to ensure a proper thickness / quality assurance check. The contractor shall not proceed with application on the attic surfaces until the thickness measurements are approved.

iv) COATING APPLICATION: The contractor shall apply the government provided low-emittance coating to the attic spaces of the two selected buildings in accordance with the manufacturer’s specifications. Ensure that all areas of the underside of the roof decking and the diagonal trusses are coated.

The contractor must show material thickness to the COR and/or paint expert after application at several locations (at least 5 in each building) in the attic spaces. Coating thickness shall be uniform and free from sags and runs. Appearance if the dried coating shall be uniform. The COR and his/her designee will be on-site during the application process.

c. Task 3 - Process Evaluation: The contractor shall evaluate the entire preparation and coating application process from the perspective of a commercial painting contractor. The contractor shall prepare and provide a report with recommendations for future implementation and "lessons learned." The report should also include: details of the methods of surface preparation, details of the application procedure including the length of the coating time and the curing time of coating, coverage rate, the equipment are needed for surface preparation and application, details of the method to determine proper coating thickness, details of any problems encountered, and any other issues associated with application process.

4. GOVERNMENT FURNISHED INFORMATION/MATERIALS: The government will provide the following:

1. The low-e coating material to be applied. It will be provided at the work-site in 5-gallon buckets as a liquid.

1. The Material Safety Data Sheet (MSDS) from the coating manufacturer is provided as Appendix A.

1. The coating manufacturer’s guidelines for success installation/application is provided as Appendix B.

1. Photographs of the Attic Spaces in Buildings 867 and 869 at Ft. Campbell, KY are provided as Appendix C

1. A photographic example of an application of this coating material is provided as Appendix D.

1. The “RECORD OF ENVIRONMENTAL CONSIDERATION (REC) FC FORM 200-2,FEB2015” referenced in the Work Plan preparation requirement above is provided as Appendix E. This report was done by the Ft. Campbell DPW and is applicable to several projects other than the one covered by this contract.

1. At the project kick-off meeting the Ft. Campbell DPW will provide a description of general Army DPW waste management practices and preferences.

5. CONTRACTING OFFICER’S REPRESENTATIVE (COR): A COR will be appointed in writing per DFARS Clause 252.201-7000. No Government personnel, other than the Contracting Officer, shall have the authority to do other than clarify technical points or supply relevant information to the Contractor regarding this contract. Specifically, no requirement in these specifications may be altered through verbal clarification. Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

6. NONPERSONAL SERVICES: The Government and the Contractor hereby understand and agree that the services to be delivered under this contract by the Contractor to the Government are nonpersonal services, and the parties recognize and agree that no employeremployee or masterservant relationships exist or will exist under this contract between the Government and the contractor's employees.

7. MEETINGS/REVIEWS: The contractor shall attend the following:

1. An on-site kick off meeting at Ft. Campbell, Kentucky, shall be held immediately following the contractor’s submission of a draft work plan. During the kickoff meeting, the contractor will discuss their CQC plan of the coating application including the measurement of the thickness of coating before full application of low-e coating material

1. Conduct monthly teleconferences with the Engineering Research and Development Center-Construction Engineering Research Laboratory (ERDC-CERL) Contracting Officer’s Representative (COR), as a minimum requirement, at mutually agreeable times and dates, to discuss progress to date and anticipated problems, and to ensure that the Contractor's work is compatible with ERDC-CERL work on other aspects of the project.

8. TRAVEL: The Government anticipates that multiple trips will be needed to Ft. Campbell, Kentucky throughout the contract performance period.

9. REPORTS/DELIVERABLES: The Contractor shall submit the following to the ERDC-CERL COR:

a. Work Plan: One (1) electronic email copy, in MS Word format, of a written work plan as detailed in task 1 above. Both a draft and a final version are required and no on-site work shall commence until the COR has approved the final plan. Revisions to the project schedule portion may be required throughout the contract period of service if delays are encountered

b. Daily Logs: As detailed in task 2, item i), daily logs shall be maintained for the duration of the on-site work. Copies shall be provided to the COR on a daily basis.

c. Evaluation Report: One (1) electronic email copy, in MS Word format, of a written evaluation report as detailed in task 3 above. This report shall be submitted no later than the end of the contract period of service.

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

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www.ecmra.mil/.

NDAA DATA

10. CONTRACTOR QUALIFICATIONS: The contractor shall demonstrate experience through description of a minimum of ten (10) projects within the past five (5) years that represent involvement with:

A) surface preparation AND B) application of coatings to building interior surface using airless spray equipment.

Project experience shall briefly specify as a minimum, customer, customer contact information, project location and a description of work performed – including project start and project complete dates.

Contractors who meet the above requirements and who are interested in submitting a bid may, at their own expense, visit the site prior to submitting a proposal to view the items to be coated and discuss the requirements of this contract. Visits shall be coordinated with the DPW and the COR. See Section L clause FAR 52.237-1.

11. SECURITY REQUIREMENTS:

a. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

b. For contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

REQUIRED

SERVICE

PARAGRAPH

NUMBER

STANDARD

MAXIMUM ALLOWABLE

DEGREE OF DEVIATION FROM

REQUIREMENT

METHOD OF

SURVEILLANCE

REMEDY FOR NON-CONFORMANCE

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

RECEIVING CLERK

2902 NEWMARK DRIVE

P.O. BOX 9005

CHAMPAIGN IL 61826-9005

217-373-4456 FOB: Destination

W52EU2

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

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

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

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

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

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

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

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

Invoice (stand alone)

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

Not Applicable

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

Routing Data Table* Field Name in WAWF Data to be entered in WAWF

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

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

CERL.INVOICING@USACE.ARMY.MIL This additional notification is important to ensure that the government is aware that the invoice documents have been submitted into WAWF.

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

Not Applicable

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

(End of clause)

Section I - Contract Clauses

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

(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) 52.203-19, 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)).

(2) 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 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

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

____ (10) [Reserved]

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

____ (ii) Alternate I (NOV 2011) of 52.219-3.

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

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

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

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

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

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

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

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

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

____ (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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35) 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 (June, 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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 Televisions (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[supreg]-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).

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

____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (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 (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (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)).

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

____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (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.

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

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

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

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

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

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

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

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

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

_____ (9) 52.222-62, 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 (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

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

(ii) 52.203-19, 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)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(x) 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.

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

(xii) XX (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 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.)

(xiv) 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)

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

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

(xvii) 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 (e)(1)(xvii): 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.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 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.

(xxiii) 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.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

Section J - List of Documents, Exhibits and Other Attachments

Exhibit/Attachment Table of Contents

Section K - Representations, Certifications and Other Statements of Offerors

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision-- “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan.