Boresight Tower Guy Wire Inspection & Aviation Obstruction Lights Replacement

Combined Synopsis/Solicitation for:
Boresight Tower Guy Wire Inspection
& Aviation Obstruction Lights Replacement
At New Boston Air Force Station
Contract Specialist: Jessica Mulligan
PCO: Dorothy Febbi
1. This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format
in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information
included in this notice. This announcement constitutes the only solicitation; quotes are being requested and
a written solicitation will not be issued.
***NOTE***
All instructions, templates, and formats contained herein shall explicitly be adhered to; otherwise, a
quote is determined to be incomplete and shall not be considered for award.
If you are the apparent awardee, the Government will notify you immediately by sending a
copy of the contract for your signature. The signed contract shall be returned to the Government
within 24 hours once it is received, and will then be distributed once the contract is awarded. If you
do not meet the required deadline, the Government reserves the right to award to the next
technically acceptable offeror.
At a minimum a technically acceptable offer will include the following:
1. The contractor will have a current SAM registration with a Small Business certification.
2. Provide a written technical approach that fully meets the Governments requirements in
accordance with the Statement of Work.
3. The contractor will be registered under NAICS code 237130.
4. Bid Schedule
2. Solicitation Number: F2BGAB9249A101
3. This Synopsis/Solicitation is issued as: Request for Quote (RFQ)
4. Provisions and clauses in effect through Federal Acquisition Circular: FAC 2019-03
5. A notice regarding any set-aside: 100% Small Business Set Aside
6. NAICS Code: 237130 Power and Communication Line and Related Structures Construction
7. Small Business Size Standard: $36.5M
8. Statement regarding the Small Business Competitiveness Demonstration Program, if applicable: N/A
9. Contract Line Item Number(s) (CLINs) and items, quantities and units of measure, (including option(s),
if applicable). (See Attached Bid Schedule) Contractors shall submit in accordance with the attached
Government Bid Schedule format without exception.
10. Description of requirements for the items to be acquired:
The purpose of this effort is to inspect, repair, test and certify Boresight Tower guy-wire system
for tension and ground and inspect and replace all inoperative aviation obstruction lighting system
components including lights and wire at New Boston Air Force Station.
11. Date of delivery / Period of Performance:
60 Days from award of contract
12. Place(s) of Delivery and Acceptance: 317 Chestnut Hill Rd. New Boston NH 03070
Point of Contact to be provided at Contract Award
13. FOB Point: DESTINATION
14. Attachments:
a) Statement of Work (SOW)
b) Bid Schedule
c) NBAFS Bore Site Tower Drawing
15. The name, email address and telephone number of the individuals to contact for information
regarding the solicitation:
Contract Specialist: Jessica Mulligan, at jessica.mulligan@us.af.mil or (781) 225-0181 and Contracting
Officer: Dorothy Febbi, dorothy.febbi@us.af.mil or (781) 225-0069.
16. Additional Information:
Be advised that all interested parties must be registered in the System for Award Management
(SAM) Database in order to receive an award. If you are not registered you may make a request
through the SAM website at http://www.sam.gov.
Be advised that all interested parties must be registered as a small business in the Small Business
Administration (SBA) Dynamic Business Search Database under the proper NAICS Code in order
to receive an award. If you are not registered, you may self-certify through the SBA website at
http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm.
IAW DFARS 252.232-7003(b)(1) all invoices shall be submitted via Wide Area Work Flow
(WAWF) located at https://wawf.eb.mil/. (Procedures and POC's specific to this contract will be
added to the contract).
17. The provision at FAR 52.212-1 Instructions to Offerors and 52.212-2 Evaluation - Commercial Items
apply to this acquisition.
Addendum to FAR 52.212-1, Instructions to Offerors
The following is to be added to FAR 52.212-1 paragraph (b):
A. Please provide your price quote on the attached bid schedule.
B. The quote in its entirety shall not exceed five (5) pages, double sided.
C. Please provide the following documentation with your technical quote:
Bid Schedule
Active CAGE/proof of SAM registration
Proof of Certifications are required IAW the Statement of Work
NOTE: The aforementioned documentation are considered technical factors and are required for a
quote to be considered technically acceptable for contract award.
D. Offers are due NLT 12:00pm EST, 19 September 2019.
E. Offers shall be emailed to:
Contract Specialist: Jessica Mulligan, at jessica.mulligan@us.af.mil
Contracting Officer: Dorothy Febbi, at dorothy.febbi@us.af.mil
Do not post offers to FedBizOpps.
F. Please request read receipt on all submitted quotes.
G. There will not be a site visit for this acquisition.
H. All questions are due NLT 12:00pm EST, 13 September 2019; answers will be posted to
FedBizOpps NLT COB 16 September 2019. Email questions to:
Contract Specialist: Jessica Mulligan, at jessica.mulligan@us.af.mil
Contracting Officer: Dorothy Febbi, at dorothy.febbi@us.af.mil
I. Vendors shall include a completed copy of the provision at FAR 52.212-3 Alt 1, Offeror
Representations and Certifications -- Commercial Items. A vendor shall complete only paragraph
(b) of this provision if the vendor has completed the annual representations and certificates
electronically at http://www.sam.gov . If any vendor has not completed the annual representations
and certifications electronically at the SAM website, the vendor shall complete only paragraphs (c)
through (o) of this provision.
(End of Provision)
18. The Following Provisions Are Incorporated By Full Text:
FAR 52.204-16 - Commercial and Government Entity Code Reporting (JUL 2016)
(a) Definition. As used in this provision-
"Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense
Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or
government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by
the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its
outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in
the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it
prominently in its proposal. The CAGE code entered must be for that name and address. Enter "CAGE"
before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via -
(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is
located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA
Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM
registration process. SAM registrants located outside the United States and its outlying areas shall obtain a
NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).
(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not
required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located
in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request
at https://cage.dla.mil.
(3) The appropriate country codification bureau. Entities located outside the United States and its
outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's
country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from
the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country
is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as
additional information on obtaining NCAGE codes, are available
at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE codes is available
at https://www.cage.dla.mil.
(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17
or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE
Code to the Government.
(f) Do not delay submission of the offer pending receipt of a CAGE code.
(End of Provision)
FAR 52.204-18 - Commercial and Government Entity Code Maintenance (JUL 2016)
(a) Definition. As used in this clause-
"Commercial and government Entity (CAGE) code" means-
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense
Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or
Government entity, or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO
Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying
areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the
CAGE master file. This type of code is known as the NATO CAGE (NCAGE) code.
(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For
contractors registered in the System for Award Management (SAM), the DLA Commercial and
Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if
the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation
or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The
contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after
the change, so that a modification can be issued to update the CAGE code on the contract.
(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit
written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for
changes shall be provided at https://cage.dla.mil . Change requests to the CAGE master file are accepted
from the entity identified by the code.
(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall
contact the appropriate National Codification Bureau (points of contact available
at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA
at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx.
(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.
(End of Clause)
FAR 52.212-2 Evaluation - Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose
offer conforming to the solicitation will be most advantageous to the Government, price and other factors
considered.
The following factors shall be used to evaluate offers:
(i) Technical factors listed in section 17(C) of the Addendum to FAR 52.212-1
(ii) Price
A technically acceptable offer will include the following:
5. The contractor will have a current SAM registration with a Small Business certification.
6. Provide a written technical approach that fully meets the Governments requirements in
accordance with the Statement of Work.
7. The contractor will be registered under NAICS code 237130.
8. Bid Schedule
Award will be made on the basis of the Lowest Evaluated Price of Technically Acceptable quotes in
accordance with FAR 13.106-2.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful
offeror within the time for acceptance specified in the offer, shall result in a binding contract without further
action by either party. Before the offer's specified expiration time, the Government may accept an offer (or
part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal
is received before award.
(End of Provision)
FAR 52.225-2 -- Buy American Certificate (May 2014)
(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a
domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror
shall list as foreign end products those end products manufactured in the United States that do not qualify
as domestic end products, i.e., an end product that is not a COTS item and does not meet the component
test in paragraph (2) of the definition of "domestic end product." The terms "commercially available offthe-
shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product,"
and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(b) Foreign End Products:
Line Item No.: Country of Origin:
[List as necessary]
(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the
Federal Acquisition Regulation.
(End of Provision)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed
by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those
provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate
information with its quotation or offer. Also, the full text of a solicitation provision may be accessed
electronically at http://farsite.hill.af.mil
FAR 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated
payments to its small business subcontractors under this contract, to the maximum extent practicable and
prior to when such payment is otherwise required under the applicable contract or subcontract, after
receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt
Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small
business concerns, including subcontracts with small business concerns for the acquisition of commercial
items.
(End of clause)
FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by
the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions,
the offeror may identify the provision by paragraph identifier and provide the appropriate information with
its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at
http://farsite.hill.af.mil.
(End of Provision)
19. The Following Provisions are Incorporated by Reference:
FAR 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment and Other
Responsibility Matters (APR 2010)
FAR 52.212-1, Instructions to Offerors - Commercial Items (APR 2014)
FAR 52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (MAR 2015)
FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (DEC 2014)
FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)
DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)
DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992)
DFARS 252.215-7008 Only One Offer (JUN 2019)
DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data - Basic (JUN 2019)
DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)
DFARS 252-225-7048 Export-Controlled Items (JUN 2013)
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN
2012)
DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (MAY 2013)
DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)
20. The Following Clauses Are Incorporated By Full Text:
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77,
108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer
has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (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).
_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009).
___ (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]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117,
section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
__X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(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]
__X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (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 (Nov
2011) (15 U.S.C. 657f).
_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15
U.S.C. 637(m)).
__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 2018)
(E.O. 13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
___ (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.)
_X__ (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 Television (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).
_X__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
_X__ (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 (Aug 2018) (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 (Jul 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:
___ (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.).
_X__ (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).
_X__ (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 (Jan 2019) (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) 52.219-8, 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.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow
down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78
and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiv) 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.)
(xv) 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)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, 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).
(xxi) 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.
(xxii) 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)
Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause,
redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of
this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".
Alternate II (Jan 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and
(e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)
(1) The Comptroller General of the United States, an appropriate Inspector General appointed
under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized
representative of either of the foregoing officials shall have access to and right to-
(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and
involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause,
the Contractor is not required to flow down any FAR clause in a subcontract for commercial
items, other than-
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except
the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the
extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41
U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C) 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).
(D) 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.
(E) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(F) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(G) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(H) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29
U.S.C. 793).
(I) 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.
(J) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter
67).
(K) __X__ (1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22
U.S.C. chapter 78 and E.O. 13627).
___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(L) 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).
(M) 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).
(N) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order
12989).
(O) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(P) 52.222-62, Paid sick Leave Under Executive Order 13706 (Jan 2017) (E.O.
13706).
(Q) (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(2) Alternate I (Jan 2017) of 52.224-3
(R) 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).
(S) 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.
(T) 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.
(End of Clause)
FAR 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 address: http://farsite.hill.af.mil/farsite.html
(End of Clause)
AFFARS 5352.201-9101 OMBUDSMAN (APR 2014)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors,
potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict
confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority
of the program manager, contracting officer, or source selection official. Further, the ombudsman does not
participate in the evaluation of proposals, the source selection process, or the adjudication of protests or
formal contract disputes. The ombudsman may refer the interested party to another official who can resolve
the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues,
disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman
does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid
protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition
performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman,
Lt. Col. Brian Miller
Ombudsman
AFLCMC/AQP
Acquisition Excellence Directorate
(937) 255-5512 or DSN 785-5512
Email: Brian.Miller.15@us.af.mil
2640 Loop Road West
Wright Patterson AFB OH 45433-7630
Concerns, issues, disagreements, and recommendations that cannot be resolved at the
Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration
to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC,
1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number
(571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify
technical requirements. Such inquiries shall be directed to the Contracting Officer.
(End of clause)
AFFARS 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (NOV
2012)
(a) Contractors shall not:
(1) Provide any service or product with any specification, standard, drawing, or other document
that requires the use of a Class I ODS in the test, operation, or maintenance of any system,
subsystem, item, component, or process; or
(2) Provide any specification, standard, drawing, or other document that establishes a test,
operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this
contract/order.
[Note: This prohibition does not apply to manufacturing.]
(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant
product specification identified in AFI 32-7086) are Class I ODSs:
(1) Halons: 1011, 1202, 1211, 1301, and 2402;
(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-
114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and
the blends R-500, R-501, R-502, and R-503; and
(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.
[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet
the Air Force definition of a Class I ODS.]
(End of Clause)
21. Defense Priorities and Allocations System (DPAS) and assigned rating, is not applicable.
.