W91QF4-20-Q-0016_Combined_SYN-SOL_Portable_Latrine_SVCS.pdf

W91QF420Q0016

COMBINED SYNOPSIS-SOLICITATION

W91QF4-20-Q-0016 Combined Synopsis/Solicitation – Portable Latrines MP BN

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

(ii) This solicitation #W91QF4-20-R-0016 is issued as a Request for Quote (RFQ).

(iii) Federal Acquisition Circular: This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2020-04 effective as of 15 January 2020.

(iv) NAICS code: The corresponding NAICS code for this solicitation is 562991 – Septic Tank and Related Services with a size standard of $8M (PSC of W099 – Lease or Rental of Equipment – Miscellaneous. An Offeror must be registered on the System for Award Management (SAM) before an award could be made to them. If a company is not registered in SAM, they must do so by going to SAM web site (https://www.sam.gov) and registering prior to submission of a proposal. This requirement is being advertised as “UNRESTRICTED”.

(v) Contract Line Items:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

FT Riley Port Latrine Svcs

FFP

Reference Attachment #1-Fort Riley Port Latrine Svcs Quote Sheet FOB: Destination MFR PART NR: Latrine Svcs

PSC CD: W099

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

FT Leavenworth Port Latrine Svcs

FFP

Reference Attachment #2-Fort Leavenworth Port Latrine Svcs Quote Sheet FOB: Destination MFR PART NR: Latrine Svcs

PSC CD: W099

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Job

FT Leonard Wood Port Latrine Svcs

FFP

Reference Attachment #3-Fort Leonard Wood Port Latrine Svcs Quote Sheet FOB: Destination MFR PART NR: Latrine Svcs

PSC CD: W099

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 1 Job

ECMRA

FFP

The contractor shall report ALL contractor labor hours including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on “Department of the Army CMRA" icon. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs 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. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website”.

FOB: Destination MFR PART NR: Latrine Svcs

PSC CD: W099

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 22-APR-2020 TO

21-APR-2025

N/A 15 MP BDE

SFC MARGARITA MCDONAL

834 SABALU ROAD BLDG 1154

FORT LEAVENWORTH KS 66027

913-684-3119 FOB: Destination

W55C7F

0002 POP 22-APR-2020 TO

21-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W55C7F

0003 POP 22-APR-2020 TO

21-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W55C7F

0004 POP 22-APR-2020 TO

21-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W55C7F

STATEMENT OF OBJECTIVES

1. Introduction and Overview

This is a non-personal services contract to provide Portable Chemical Toilets (PCTs) and hand washing stations with cleaning services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein.

Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

2. Overall SCOPE

This contract includes all functions, tasks and responsibilities normally performed by a Portable Sanitation provider. The Contractor shall be responsible for furnishing portable latrine and hand washing stations to include cleaning and maintenance of units. The Contractor shall comply with all applicable laws and regulations, including but not limited to Federal and State Laws to include Occupational Safety and Health Administration (OSHA) regulations.

3. Objective(s)

The 705th and 40th MP BN(s) have a requirement to conduct multiple field exercises, Change of Command and other BN Support events throughout each training / fiscal year at Fort Leavenworth, Fort Riley, and Fort Leonard Wood of which requires Portable Latrine and Hand Washing Station support due to restrooms not being available in training areas.

a. The Contractor shall be capable of providing the Fort Leavenworth 705th and 40th MP BN(s) Portable Latrine and Hand Washing Station support with an average of 21 days’ notice per event. Under this Agreement the contractor is free to accept requirements less than 21 days. The contractor may subsequently impose a reasonable cancellation fee for cancellation of support requested if cancellation is 48 hours or less.

b. The contractor is free to sub-contract services as needed to fulfill schedule requests however, the Prime Contractor shall remain responsible for services and quality of services provided.

4. Period and Place of Performance

a. Period of Performance: The procurement vehicle for this requirement is to be a Blanket Purchase Agreement (BPA) with an ordering Period for not more than five (5) years from the date of award.

b. Place: The locations of service will include Fort Leavenworth, Fort Riley (Kansas), and Fort Leonard Wood (Missouri).

5. Order Type/Award Term Option

The government will be obligated under this Blanket Purchase Agreement (BPA) only to the extent of authorized purchases actually made under the BPA during the agreement period. There are no minimum guaranteed order amounts or dollar amounts to be expended under this agreement.

6. Technical Overview

Stakeholders –

- Requiring Activity (Authorized Users) – 705th & 40th MP BN(s)

- COR(s) – SFC Margarita McDonald 705th & COR 40th MP TBD

- S-3 & S-4 (planners of events – no contractual authority)

7. Required Tasks

Task 1: Contractor shall propose a pricing on line items for all Ordering Periods on at least one or more attachments (Attachment #1 – Fort Riley, Attachment #2 – Fort Leavenworth, and/or Attachment #3 – Fort Leonard Wood). Failure of the Offeror to provide pricing for all Ordering Periods will render their quote as non-responsive.

Task 2: Ensure contractor or sub-contractor personnel are qualified and trained to perform duties proposed in SOW or PWS proposed to the Government.

Task 3: Contractor shall propose a single point of contact that is an employee of the Prime Contractor to manage scheduling and performance of support (Portable Latrines and Hand Washing Stations).

- Overall responsibilities include;

- Ensuring that all personnel scheduled to work on post have made appropriate coordination with the Visitor Control Center to have access to the installation for the proposed time period of work.

- Ensuring proposals from Prime Contractor and Sub-Contractor take into account appropriate labor categories under the Department of Labor Service Contract Act.

- Ensures coordination upon award with the requiring activity Contracting Officer Representative to validate time and location of Latrine Services support to be provided.

- Ensures all Prime Contractor and Sub-Contractor personnel have completed any required Anti-Terrorism and OPSEC training required under this task order as applicable.

- Ensures Prime Contractor has WAWF Point of Contact for submission of invoices upon completion of work.

- Ensures Prime Contractor has ECMRA Point of Contact for submission of annual report not later than 31 October of each calendar year.

8. Delivery / Acceptance

a. Notice Regarding Late Delivery – The Contractor shall notify the Contracting Officer or their designated representative in each Task Order, as soon as it becomes apparent to the Contractor that a scheduled delivery will be late. The Contractor shall include in the notification the rationale for late delivery, the expected date for the delivery, and the project impact of the late delivery. Such notification in no way limits any Government contractual rights or remedies, including, but not limited to, termination of issued Call Orders.

b. Default Acceptance – Notwithstanding the foregoing, any deliverable requiring acceptance by the Government within 3 business days, the Government considers days of final delivery as “Accepted” if the Contractor has received no written notice of non-conformity within the acceptance period.

MASTER BPA INSTRUCTIONS

The issuance of individual calls against this Blanket Purchase Agreement (BPA) will be made under the authority of FAR Subpart 13.303, Blanket Purchase Agreements.

1. General Categories of commodities under this agreement: W099

2. Ordering Period: 22 April 2020 – 21 April 2025

3. Vendor Point of Contact: TBD

4. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS: Calls under this Blanket Purchase Agreement (BPA) will be placed by the personnel listed at the end of this provision.

5. OBLIGATION: The government will be obligated under this BPA only to the extent of authorized purchases actually made under the BPA during the agreement period. There are no minimum guaranteed order amounts or dollar amounts to be expended under this agreement.

6. PRICING: The prices to the government shall be as low as, or lower than those charged the supplier's most favored customer for comparable quantities under similar terms and conditions in addition to any discounts for prompt payment.

7. CALL LIMITATION:

BPA MASTER ORDERING PERIOD DOLLAR LIMIT: $225,000.00

CENTRALIZED BPA CALL LIMIT (Contracting Officer): Over $2,500.00 and no combination of calls to exceed the overall BPA Master Limit.

DECENTRALIZED BPA CALL LIMIT (GPC): Not to exceed $2,500.00 – any attempted purchase or split purchase (e.g. payments on subsequent days exceeding $2,500.00 for the same requirement) with a Government Credit Card that in total exceeds $2,500.00 shall be rejected by the contractor. All BPA Calls over $2,500.00 will be issued by a Warranted Contracting Officer and payable through Wide Area Workflow.

8. INSPECTION AND ACCEPTANCE: At destination.

9. DOCUMENTATION TO BE FURNISHED BY THE VENDOR: All shipments under the agreement shall be accompanied by one (1) copy of the delivery ticket or sales slip which contains the following minimum information:

a. Name and Address of Supplier

b. Date of Call

c. Blanket Purchase Agreement Number and BPA Call Number

d. BPA Call Number printed legibly on the Bill of Sale – Call number provided by the Contracting Officer or their designated representative MICC Fort Leavenworth AOPC.

e. Itemized List of Supplies or Services Furnished – Items provided by vendor for other than the products expressly stated contained herein this BPA are subject to immediate cancellation of the Agreement.

f. Quantity, Unit Price and Extension of Each Item less applicable discounts

g. Date of Delivery

10. INVOICES: A summary invoice shall be submitted for each call listing all items delivered during the billing period, stating their total dollar value and supported by receipted copies of the delivery ticket. FOR INVOICES See Box 15.

11. DISCOUNTS: Prompt Payment Discounts will be computed from date of receipt of monthly statements.

12. SALES TAX: Pursuant to Kansas Department of Revenue procedures, no sales tax shall be charged against Federal Government purchases.

13. ORDER PLACEMENT:

Centralized Calls: BPA Call issued on 1155 or 1449 from a Fort Leavenworth Warranted Contracting Officer for purchases in excess of $2,500.00 not exceed overall BPA Master Dollar Limit.

Decentralized Calls: Orders may be placed only by a designated Ordering Officer from the Military Corrections Command not to exceed the single purchase limit of $2,500.00 per Call. The Vendor is required to validate the identity of the person placing the call to ensure orders are being placed by authorized personnel.

(Questions on Government Purchase Card Transactions – Contact the GPC AOPC Mr. David Wirt at 913-684-1619)

14. Contactracting Officer Representative: SFC Margarita McDonald - margarita.mcdonald.mil@mail.mil.

LOCAL INSTRUCTIONS

RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT

a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer alone is authorized to the extent indicated in the contract to take action on behalf of the government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer. Delivery/Task orders will be issued by the Contract Administration Division.

b. No oral statement of any person will in any manner or degree, modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

c. All matters pertaining to Government administration of this contract should be directed to:

ATTN: Kara L. Malto MICC Ft. Leavenworth 535 Kearny, Bldg 338

FORT LEAVENWORTH, KS 66027-1417

TELEPHONE NUMBER: 913-684-1627

FAX NUMBER: 913-684-1610

E-MAIL: kara.l.malto.civ@mail.mil

OR

ATTN: Robert Parvin, Contracting Officer MICC Ft. Leavenworth 535 Kearny, Bldg 338

FORT LEAVENWORTH, KS 66027-1417

TELEPHONE NUMBER: 913-684-1624

FAX NUMBER: 913-684-1610

E-MAIL: robert.m.parvin.civ@mail.mil

RESTRICTED ACCESS TO MILITARY INSTALLATION – COOPERATION WITH FORCE PROTECTION

MEASURES

a. The contractor agrees to abide by and cooperate with Force Protection measures that are implemented on the military installation.

b. The Contractor shall comply with, and in the instance of contractor/sub-contractor employees, shall ensure compliance with the following instructions when access to the Fort Leavenworth installation/facilities are required for contract performance. These local instructions are incorporated in this contract, in order to implement local installation antiterrorism/operations security policies and procedures, and to supplement Federal Acquisition Regulation (FAR) clause 52.204-9, which, if applicable to this contract, is located in Section I of the contract. In the event of conflict between any portion of this supplement and/or FAR 52.204-9; and any other provision within the PWS, or specifications; clause 52.204-9 (if listed) shall take precedence. In the event of conflict between this supplement and any other provision within the PWS, or specifications, this supplement shall take precedence.

(i) An un-cleared contractor is an individual who falls into one of two categories: (1) CAC-eligible; and (2) Non-CAC eligible. The Common Access Card (CAC) is the DoD federal personal identity verification credential. CAC Eligibility is defined in Army Directive 2014-05, dated March 7, 2014.

(ii) Army Directive 2014-05 provides that all contractor and/or subcontractor personnel who do not possess a CAC, another Federal personal identity verification card, or other authorized DoD identification card and who require unescorted access to Army installations must have a validated need for such access and undergo a vetting process to determine their fitness for access. Accordingly, non-CAC eligible, un-cleared contractor and/or subcontractor personnel requiring access to the Fort Leavenworth installation and facilities, to perform under this contract, will submit personal identity information through the Fort Leavenworth Installation Pass implementation.

c. Contractors and Contract Employees may obtain a Locally Approved Credential (LAC) for up to 365 days for entry through Grant or Hancock Gates. See location & hours of operation at the following – https://garrison.leavenworth.army.mil/index.php/my-fort/all-services/gate-information

d. Prime contractors can direct their Sub-contractors to the Visitor Control Center in order to obtain a 30 day pass. See location & hours of operation at the following – https://garrison.leavenworth.army.mil/index.php/my-fort/all-services/gate-information

e. Contractors and Contract Employees may obtain a 12 month access pass through the RAPIDGate program.

For details call 1-877-RAPIDGate (1-877-727-4342) or visit the following link noted above in paragraph b.

f. Personnel entering the Fort Leavenworth Visitor Control Center must contain a valid driver’s license, registration and proof of insurance and that of all passengers must have a either a driver’s license or other form of government photo ID. Following a routine background check, visitors will receive a Temporary Pass and Instructions allowing them to enter the installation.

LEGAL PUBLIC HOLIDAYS

Normal Working Hours: The Contractor shall schedule delivery or service hours to coincide with the working hours of the military installation, 7:30am to 4:00pm, a normal 5-day, 40 hour week, Monday through Friday, except legal holidays which include the following –

Federal Government holidays are:

New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January

Presidents Day 3rd Monday of February

Memorial Day last Monday of May Independence Day 4th day of July

Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November

Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday.

SAVE HARMLESS AND INDEMNITY AGREEMENT- The contractor shall save and keep harmless and shall indemnify the government against any and all liability, claims, demands and costs, of whatever kind and nature, for injury to or death of any person or persons and for loss or damage to any property (government or otherwise) occurring in connection with or in any way incident to or arising out of performance by the contractor. The contracting agency has discretion to offer for competition a proposed contract that imposes maximum risks on the contractor and minimum burdens on the agency.

KANSAS SALES AND USE TAX – Notwithstanding any other provisions of the contract, the contract price excludes the Kansas retailer's sales tax and compensating (use) tax on all sales of tangible personal property or services purchased by the Contractor or subcontractors for the sustainment, restoration, or repairs of buildings or other projects called for by this contract. In accordance with Kan. Stats. Anno. Sec 79-3606(e), the Contracting Officer will upon request from the Contractor obtain from the State and furnish an exemption certificate for this project for the use by the Contractor and subcontractors in the purchase of materials for incorporation in the project and of services. The Contractor and the subcontractors shall furnish the number of such certificate to all suppliers from whom such purchases are made, and the suppliers shall execute invoices covering the same bearing the number of such certificate.

Pursuant to a 1977 amendment to K.S.A., 1976 Supp., 79-3606(e), effective 1 July 1977, the Contractor is required to retain all invoices for a period of 5 years during which time these invoices are subject to audit by the Kansas Director of Taxation. Upon completion of the project, the Contractor shall complete the Project Completion Certificate (Form STD 77, REV. 6/77) in duplicate, returning one copy to the Contracting Officer, and forwarding the other to the Kansas Director of Taxation.

CONDUCT OF EMPLOYEES – The contractor is fully responsible for the performance and conduct of their employees at all times while on or off post in the performance of services when in performance under this contract.

Daily courtesies, to include customary greetings or professional interactions with Government employees are expected of the Contractor and their employees. The contractor shall not allow any employee to perform work under this contract while under the influence of alcohol, drugs, or any other incapacitating agent. Military police and other law enforcement personnel on post have the right to deny entry to post or remove from post any contractor employee for misconduct which endangers the health or safety of people or property or for reasons of security. In addition, the Post Commander may bar any individual from entering the post under the authority of 18 U.S.C. 1382. Removal from post of a contractor employee in accordance with the above shall not relieve the contractor from the requirements to meet all of the terms and conditions of the contract; nor shall such removal be grounds for the contractor to file a claim.

ADVERTISING ON CONTRACTOR VEHICLES – Advertising displayed on Contractor vehicles is permitted provided that the advertising is so worded as not to imply Army or United States Government approval or sanction of the advertised service and is not embarrassing or detrimental to the Government.

PACKAGING AND MARKING – All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government. The Contractor shall retain full responsibility for the delivery and acceptance of shipments to this installation or elsewhere that are required for the completion of this task order.

PROJECT LABELING FOR OFFICIAL CORRESPONDENCE – The Government singularly identifies each Task Order with a Task Order number at time of award. The Task Order number is a unique identifier to purposely and permanently represent an awarded project. The Government issued Task Order number is to be referenced on all official communications starting upon notice of award.

Contract Number (example only – W91QF420DXXXX) Task Order Number (example only – W91QF420FXXXX) Vendor POC: First Last, 913-684-XXXX

WAGE DETERMINATION – The Wage Determination Number applicable to the adjacent county of work to each of the following Army Installations (Fort Riley, Fort Leavenworth, and/or Fort Leonard Wood) as contained in the Register of Wage Determinations. The Service Contract Wage Determination may be accessed at:

https://wdolhome.sam.gov/ and are applicable at the time of issuance of subsequent BPA Calls under this Master Blanket Purchase Agreement.

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Attachment-1-QUOTE-

Port_Latrine_Svcs_FTRI

LEY

5 31-MAR-2020

Attachment 2 Attachment-2-QUOTE- Port_Latrine_Svcs_FTLE

AVENWORTH

5 31-MAR-2020

Attachment 3 Attachment-3-QUOTE- Port_Latrine_Svcs_FTLe onardWood

5 31-MAR-2020

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-1 Approval of Contract DEC 1989 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

252.201-7000 Contracting Officer's Representative DEC 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

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

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 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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):

https://www.acquisition.gov/content/regulations

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2020)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

____ (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 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

_X_ (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).

___ (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 (Oct 2018) (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]

____ (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) 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 (OCT 2019) (15 U.S.C.

657f).

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

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

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

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

__X_(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

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

__X_ (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

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

____ (ii) Alternate I (July 2014) of 52.222-35.

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

____ (ii) Alternate I (July 2014) of 52.222-36.

____ (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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

____ (38) (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.

____ (39)(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.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(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_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (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.

____ (48) 52.225-5, Trade Agreements (Oct 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (49) 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).

____ (50) 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).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (60)(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.

____ (iii) Alternate II (Feb 2006) 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).

___X_ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (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) (AUG 2018) (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).

__X__(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).

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(vi) 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.

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

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

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

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

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

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiv) ___X_ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

(xv) 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.)

(xvi) 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)

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

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

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

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

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

(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.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2in1 INVOICE

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0490

Issue By DoDAAC W91QF4

Admin DoDAAC** W91QF4

Inspect By DoDAAC W55C7F

Ship To Code W55C7F

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) W55C7F

Service Acceptor (DoDAAC) W55C7F

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

Unit WAWF ACCEPTOR – SFC Margarita McDonald – margarita.mcdonald.mil@mail.mil – 913-684-

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

Contracting Officer – Robert M. Parvin – robert.m.parvin.civ@mail.mil – 913-684-1624

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) Standard Form 1449, Commercial Solicitation: The SF 1449 must contain the offeror’s signature (block 30).

The contractor shall acknowledge any amendments to the RFP in accordance with the instructions on the SF 1449.

The offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

(b) FAR Clause 52.212-3 – Representations, Certifications: The Offeror shall include the Offeror’s online certifications/representations from the System for Award Management (SAM) website at www.sam.gov and include the assigned DUNS number and CAGE Code for which the record may be retrieved.

(c) Schedule: The Offeror shall concur with the Government’s proposed schedule or propose an alternate schedule.

(d) Price Quote: The Offeror is provided Attachment #1 – Fort Riley, KS, Attachment #2 – Fort Leavenworth, KS, and Attachment #3 – Fort Leonard Wood, Missouri. The Offeror shall propose pricing on a minimum of one of the three available service Schedules for Portable Latrine Service and subsequently on all tabs for each Ordering Period.

The Offeror may provide a Not To Exceed percentage increase in Ordering Periods #2-#5 which represents a ceiling increase through the life of the Master Blanket Purchase Agreement. The offeror will be asked and is subsequently free to provide static pricing with no change or increases below their Not To Exceed ceiling percentage annually.

(e.g. If Ordering Period #2 is a 3% increase the offeror may not later ask for 4% but however, may only require a 1% to 3% increase or none at all).

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS

Award will be made to the offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal conforms to the solicitation requirements, and whose proposal is most advantageous.