NC ARNG Fitness & Nutrition Program
Award Notice Posted
- Solicitation number
- W9124219Q0025
- Agency
-
North Carolina National Guard
Army National Guard, Department of Defense
- Awarded
- to The Peak Inc.
- Set-aside
- Total Small Business
Opportunity facts
- Contract number
- W9124219P0106 Federal contract award
- NAICS code
- 611519 Other Technical and Trade Schools
- PSC
- Not on record
- Place of performance
- North Carolina, United States
Notice details come from SAM.gov. Updated .
Notice text
9 versions
Update #9 · Latest ·
Awarded Vendors: The Peak Inc. Contract Award Dollar Amount: 1143503.19. Contract Award Date: 2019-09-16.
Update #8 ·
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. This acquisition is reserved for small business concerns. This combined synopsis/solicitation is issued as a Request for Quotation. The North American Industry Classification system code (NAICS) 611519 size standard of $15M. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03.
Contract line item numbers and quantities:
The Contractor shall provide all personnel, materials, supervision, and services necessary to provide Fitness and Nutrition Program services as described in the attached PWS.
CLIN 0001 Base Year Fitness and Nutrition Program Services
POP: 30 Sept 2019 - 29 Sept 2020
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 0002 Base Year CMRA Reporting
POP: 30 Sept 2019 - 29 Sept 2020
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: https://www.ecmra.mil/Default.aspx 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 at https://www.ecmra.mil/HelpEmail.aspx
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 1001 Option Year I Fitness and Nutrition Program Services
POP: 30 Sept 2020 - 29 Sept 2021
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 1002 Option Year I CMRA Reporting
POP: 30 Sept 2020 - 29 Sept 2021
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: https://www.ecmra.mil/Default.aspx 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 at https://www.ecmra.mil/HelpEmail.aspx
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 2001 Option Year II Fitness and Nutrition Program Services
POP: 30 Sept 2021 - 29 Sept 2022
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 2002 Option Year II CMRA Reporting
POP: 30 Sept 2021 - 29 Sept 2022
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: https://www.ecmra.mil/Default.aspx 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 at https://www.ecmra.mil/HelpEmail.aspx
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 3001 Option Year III Fitness and Nutrition Program Services
POP: 30 Sept 2022 - 29 Sept 2023
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 3002 Option Year III CMRA Reporting
POP: 30 Sept 2022 - 29 Sept 2023
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: https://www.ecmra.mil/Default.aspx 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 at https://www.ecmra.mil/HelpEmail.aspx
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 4001 Option Year IV Fitness and Nutrition Program Services
POP: 30 Sept 2023 - 29 Sept 2024
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 4002 Option Year IV CMRA Reporting
POP: 30 Sept 2023 - 29 Sept 2024
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: https://www.ecmra.mil/Default.aspx 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 at https://www.ecmra.mil/HelpEmail.aspx
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 5001 Option: 6 month extension IAW 52.217-8, Fitness and Nutrition Program Services
POP: 30 Sept 2024- 29 Mar 2025
Firm Fixed Price
Quantity: 6
Unit of Issue: month
Unit Price (1 month): ________
Total Price (6 Months):_______
Wage Determination No.: 2015-4394, Revision 10 Dated 16 July 2019 applies
The following provisions and clauses are applicable to this solicitation:
CLAUSES INCORPORATED BY REFERENCE
52.204-7, System for Award Management
52.204-13 System for Award Management Maintenance
52.204-19 Incorporation by Reference of Representations and Certifications.
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
Provision- 52.211-6-- Brand Name or Equal
Provision - 52.212-1, Instructions to Offerors
Provision - 52.212-3, Offerors Representations and Certifications - Commercial Items
52.212-4 Contract Terms and Conditions--Commercial Items
52.224-1, Privacy Act Notification
52.224-2, Privacy Act
52.222-50 Combating Trafficking in Persons
52.232-39 Unenforceability of Unauthorized Obligations
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
52.245-1 (Alt 1), Government Furnished Property
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
252.203-7002 Requirement to Inform Employees of Whistleblower Rights
252.204-7000 Disclosure of Information
252.204-7003 Control Of Government Personnel Work Product
252.204-7004 Antiterrorism Awareness Training for Contractors
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
252.204-7006 Billing Instructions
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
252.205-7000 Provision Of Information To Cooperative Agreement Holders
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
252.211-7003 Unique Identification and Valuation
252.223-7008 Prohibition of Hexavalent Chromium
252.225-7001 Buy American And Balance Of Payments Program-- Basic
252.225-7002 Qualifying Country Sources As Subcontractors
252.225-7048 Export-Controlled Items
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
252.232-7010 Levies on Contract Payments
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
252.243-7001 Pricing Of Contract Modifications
252.243-7002 Requests for Equitable Adjustment
252.244-7000 Subcontracts for Commercial Items
252.247-7023 Transportation of Supplies by Sea
CLAUSES INCORPORATED FULL TEXT
P- 52.212-1, Instructions to Offerors- Commercial Items (DEVIATION 2018-O0018)
Addendum to 52.212-1: Technical proposal shall address how you intend to meet or exceed the scope of work as stated in the PWS. Highly recommended to include proposed staffing/credentialing, approach to meals, a specific URL of your online platform or access instructions for smart phone application platform (to include login instructions for test users), along with any other information which demonstrates your level of understanding of the requirement and ability to successfully execute the full scope of work successfully. Note: Having an active guest log-in to the proposed platform is not a requirement for award; however, if this is not provided, an affirmative statement with respect to your proposed capabilities in this area, as well as the number of days after award the application will be available for use under the contract, is required.
P- 52.212-2, Evaluation-Commercial Items: The Government will award a firm-fixed priced contract.
Only one award will be made.
The Government intends to award a firm-fixed price contract to the responsible vendor whose quote conforming to the solicitation provides the Best Value to the Government. "Best value" means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. In accordance with FAR 12.602 & FAR 13.106-2, technical, price & past performance information will be considered in the streamlined evaluation. This may result in award being made to a higher-rated, higher-priced quote. The Past Performance factor is somewhat more important than the Technical Factor. The Technical factor is somewhat more important than the Price factor. When combined, all non-price factors are more important than the Price factor.
The Government's selection of a higher-rated, higher-priced quote will be supported by a determination that the technical/past performance superiority warrants the additional cost involved. Offerors are encouraged to submit past performance references. Offerors may submit past performance references. Past performance may be based on one or more of the following: Contracting Officer's prior knowledge/experience; customer past performance inquiry replies; PPIRS/FAPIIS, or any other reasonable basis. While the Government and the Source Selection Authority will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire evaluation process. Award may be made without discussions.
Pricing will be evaluated inclusive of all options, to include 52.217-9 and 52.217-8
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 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 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
__X__ (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).
__X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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 Set-Aside (Deviation 2019 O00003)
____ (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.
__X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). (over SAT)
____ (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 (Deviation 2019 O00003)
____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
__X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
____ (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.
____ (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.
____ (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 (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__X__ (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 (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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[supreg]-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 (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 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 (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X__ (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).
__X__ (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)(12)).
____ (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.)
__X___ (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).
Fill-In:
Certified Personal Trainer or Fitness Expert NF-02
Certified Nutritionist or Registered Dietitian GS-09/11
__X___ (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). (over SAT Services)
_____ (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). (Services subject to SCA)
_____ (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) 52.219-8, 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 (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (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 (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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) (E.O. 13658).
(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(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)
52.217-8 -- Option to Extend Services.
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within within 1 business day, provided preliminary notice of 30 days is given.
(End of Clause)
52.217-9 -- Option to Extend the Term of the Contract.
(a) The Government may extend the term of this contract by written notice to the Contractor within within 1 business day, provided preliminary notice of 30 days is given. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months before the contract expires.
(End of Clause)
52.219-28 , Post-Award Small Business Program Rerepresentation
52.252-2 -- Clauses Incorporated by Reference.
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
(End of Clause)
52.252-6 -- Authorized Deviations in Clauses.
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Clause)
252.232-7006, Wide Area Workflow
ln no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby notified that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation from the written terms of the contract. Payments or Partial payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.
252.232-7006 Wide Area WorkFlow Payment Instructions.
As prescribed in 232.7004(b), use the following clause:
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.
(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.
Invoice 2in1
(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.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(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*
Pay Official DoDAAC HQ0670
Issue By DoDAAC W91242
Admin DoDAAC W91242
Service Approver (DoDAAC) TBD
Service Acceptor (DoDAAC) TBD
(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.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
amy.b.daniels2.civ@mail.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
All information relating to this solicitation will be posted on the website this solicitation has been posted within. Formal communications such as request for clarifications and/or information concerning this solicitation must be submitted in writing via e-mail (DEADLINE for questions: noon EST 27 Aug 2019) It is the responsibility of the vendor to verify email receipt. NO TELEPHONIC REQUESTS FOR INFORMATION WILL BE HONORED. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing.
Funds are not presently available for this solicitation. No award will be made unless funds become available to make payment under an order. The government reserves the right to cancel this solicitation at any time without any obligation to the offeror by the government.
Added: Aug 29, 2019 10:39 am Modified: Aug 29, 2019 1:11 pmTrack Changes
Site Visit Minutes are annotated below, with updated PWS attached; minor edits have been made based upon questions received.
1. A site visit was held at Camp Butner, NC on 28 Aug 2019 at 1000.
2. The following items were discussed during the site visit/pre-proposal conference:
a. A walk through of the following sites was conducted, to include the following locations:
i. Pavilion (At the discretion of the Gov't, one of the classrooms will become an alternate dining location in the event that weather does not permit use of the pavilion.)
ii. Optional Food Trailer Parking Location across from Pavilion
iii. Barracks (where the soldiers will be housed during the duration of the camps, in walking distance from Pavilion)
iv. Latrines
v. Digital Classroom #1
vi. Open Classroom
vii. Grass Fields
viii. Digital Classroom #2
ix. Simulation Center (noted at the site: There is room at the back of the room for approximately 15 additional chairs.)
b. Discussions/Questions included:
i. Many of the questions were responded to with direct references back to the PWS.
ii. A reminder that no thumb-drives are allowed on Gov't computers IAW current Information Assurance regulations (reference PWS para 3.1.1.1 (c) and 3.3.1, and that the computers may or may not have disc drives, so coordination well in advance of using a DVD or CD is highly recommended. The government will confirm all IT details annotated within PWS Para 3.1 are accurate; any updates will be made upon discovery.
iii. A warning was provided that Camp Butner is in a very rural location setting; as such, the internet connectivity is very unreliable. The contractors need to have an effective and executable back-up plan that does not rely on internet connectivity in place, and should plan on needing to utilize it fairly frequently.
iv. Soldiers are normally on-site one day prior to the camp start date, but the contractors do not need to be present at that time
Q: Are there back-up generators at Camp Butner?
A. Yes.
Q. What roles in addition to assessments, will the Army Fitness Trainers be able to provide?
A. During camps, the primary role of the Army Fitness Trainers is the management of the logistics of getting soldiers where they need to be on time. The contractor is not to rely on Army Fitness Trainers to augment execution of their proposed program. The contractor is not to direct Army personnel; likewise, this is a non-personal service. As such, Army personnel are not able to direct the actions of contractor personnel. If Army Fitness Trainers are present during a session, and witness soldiers unsafely performing an exercise according to the contractor's instruction, they may approach the soldier and assist in correcting form to avoid injury. Additionally, if Army Fitness Trainers happen to be present and are willing to assist in motivating the soldiers in achieving program objectives, they may do so unless the contractor objects to their involvement. However, directing instruction and ensuring the entire scope of the PWS is fulfilled is ultimately the sole responsibility of the contractor.
Q: What is the average age of participants?
A. The majority of participants will be in the range of E5 and below, with a majority age range of 17 - 26. There will be no participants over the age of 50.
Q. Will profiles become a concern?
A. This is a voluntary program soldiers will need to apply for entry into. The application process requires the soldier does not have a profile. The process also ensures the soldiers are motivated and hold the same drive as the NCARNG leadership in achieving success as it relates to the purpose of this program's goals. There will be 60 applicants chosen. The participants will range in fitness levels; some may be in very poor shape while others may be in more optimal shape.
Q. Do we also need to feed the trainers?
A. Contractors are responsible to feed up to 75 personnel (see update to PWS para 5.5.1; increased from 60 to 75)
Q. When will each final detailed proposed training schedule would be coordinated with the contractor and Gov't?
A. Post award, IAW PWS 5.3.2, 5.3.3, 5.4.2.2 and 5.5.1.
Q. Will the Gov't have personnel available to assist in setting up IT in the digital classrooms?
A. Yes, they will be available for help in initial set-up.
Q. Post award, IAW PWS 5.3.2, 5.3.3, 5.4.2.2 and 5.5.1.
Q. Are there trails the contractor can utilize in their program?
A. Yes. Use of outdoor trails/outdoor fitness areas must be coordinated with the COR in advance of the event to ensure there are no live fire events that could place the soldiers in danger. See PWS para 3.1.1.1 (e) and 3.1.1.2 (e)
Q. Aside from the Gov't Furnished Fitness Equipment listing, can we request Soldiers come equipped with their basic packing list for ruck marches, etc?
A. Yes, it would be a reasonable request to request soldiers arrive with their basic packing list. Currently, that includes a fitness uniform, duty uniform, molle type backpack, combat helmet, molle type vest. Recommend including in your technical proposal whether the soldiers will need to arrive with their basic packing list.
Q. How often should we plan on needing to host event out of Charlotte National Guard Armory?
A. Approximately 90% of all events should be planned to be held at Camp Butner; in the event Camp Butner is unavailable or the NCNG must change locations, the alternative from Camp Butner shall be the Charlotte National Guard Armory. See PWS para 3.1.1.2
Q. Who is responsible for getting the GFP fitness equipment to Charlotte?
A. Government.
Q. Any facility challenges or otherwise to mention from prior events held by the Gov't?
A. We have learned that variation in menus is valued, to help soldiers get a really good idea of different healthy eating options.
In the past, we used the Army model in developing fitness routines; however, it was learned quickly that that basis offers fairly limited, repetitive motions, which do not ultimately result in ideal fitness results for the soldiers. Varied exercise is an important aspect.
Also, Army Fitness Trainers now have to apply to be a part of the team. This will aid in ensuring a congruent message is relayed throughout the program which supports NCARNG leadership objectives.
Q. Will EMT be on-site to help anyone that is a diabetic, etc?
A. Yes, Ambulance and First Aid services shall be provided by NCNG. The Gov't will perform triage, treatment and/or transport of soldiers in need of medical attention. See PWS 3.4.6
Conclusion of Site Visit Minutes.
Additional Q & A
Q. Concerning the online application/mobile application, if our subcontractor is unable to provide a guest log-in as recommended, can we provide an explanation of our projected capabilities?
A. At a minimum, the Gov't expects the contractor to describe the functionality of the proposed online application/mobile application components, to meet or exceed the requirements of the PWS. Having an active guest log-in to the proposed platform is not a requirement. However, an affirmative statement including your proposed capabilities in this area, along with the number of days the application will be available upon award of contract is required. See updated addendum to 52.212-1.
Please note the time extension due to 2 Sept 19 beign a federal holiday. It is the contractor's responsibility to ensure receipt of quote.
.
Update #7 ·
Site Visit Minutes are annotated below, with updated PWS attached; minor edits have been made based upon questions received.
Please note the time extension to 1159pm EST 2 Sept 19. It is the contractor's responsibility to ensure receipt of quote; recommend sending via email by noon EST, to allow time for confirmation of receipt.
1. A site visit was held at Camp Butner, NC on 28 Aug 2019 at 1000.
2. The following items were discussed during the site visit/pre-proposal conference:
a. A walk through of the following sites was conducted, to include the following locations:
i. Pavilion (At the discretion of the Gov't, one of the classrooms will become an alternate dining location in the event that weather does not permit use of the pavilion.)
ii. Optional Food Trailer Parking Location across from Pavilion
iii. Barracks (where the soldiers will be housed during the duration of the camps, in walking distance from Pavilion)
iv. Latrines
v. Digital Classroom #1
vi. Open Classroom
vii. Grass Fields
viii. Digital Classroom #2
ix. Simulation Center (noted at the site: There is room at the back of the room for approximately 15 additional chairs.)
b. Discussions/Questions included:
i. Many of the questions were responded to with direct references back to the PWS.
ii. A reminder that no thumb-drives are allowed on Gov't computers IAW current Information Assurance regulations (reference PWS para 3.1.1.1 (c) and 3.3.1, and that the computers may or may not have disc drives, so coordination well in advance of using a DVD or CD is highly recommended. The government will confirm all IT details annotated within PWS Para 3.1 are accurate; any updates will be made upon discovery.
iii. A warning was provided that Camp Butner is in a very rural location setting; as such, the internet connectivity is very unreliable. The contractors need to have an effective and executable back-up plan that does not rely on internet connectivity in place, and should plan on needing to utilize it fairly frequently.
iv. Soldiers are normally on-site one day prior to the camp start date, but the contractors do not need to be present at that time
Q: Are there back-up generators at Camp Butner?
A. Yes.
Q. What roles in addition to assessments, will the Army Fitness Trainers be able to provide?
A. During camps, the primary role of the Army Fitness Trainers is the management of the logistics of getting soldiers where they need to be on time. The contractor is not to rely on Army Fitness Trainers to augment execution of their proposed program. The contractor is not to direct Army personnel; likewise, this is a non-personal service. As such, Army personnel are not able to direct the actions of contractor personnel. If Army Fitness Trainers are present during a session, and witness soldiers unsafely performing an exercise according to the contractor's instruction, they may approach the soldier and assist in correcting form to avoid injury. Additionally, if Army Fitness Trainers happen to be present and are willing to assist in motivating the soldiers in achieving program objectives, they may do so unless the contractor objects to their involvement. However, directing instruction and ensuring the entire scope of the PWS is fulfilled is ultimately the sole responsibility of the contractor.
Q: What is the average age of participants?
A. The majority of participants will be in the range of E5 and below, with a majority age range of 17 - 26. There will be no participants over the age of 50.
Q. Will profiles become a concern?
A. This is a voluntary program soldiers will need to apply for entry into. The application process requires the soldier does not have a profile. The process also ensures the soldiers are motivated and hold the same drive as the NCARNG leadership in achieving success as it relates to the purpose of this program's goals. There will be 60 applicants chosen. The participants will range in fitness levels; some may be in very poor shape while others may be in more optimal shape.
Q. Do we also need to feed the trainers?
A. Contractors are responsible to feed up to 75 personnel (see update to PWS para 5.5.1; increased from 60 to 75)
Q. When will each final detailed proposed training schedule would be coordinated with the contractor and Gov't?
A. Post award, IAW PWS 5.3.2, 5.3.3, 5.4.2.2 and 5.5.1.
Q. Will the Gov't have personnel available to assist in setting up IT in the digital classrooms?
A. Yes, they will be available for help in initial set-up.
Q. Post award, IAW PWS 5.3.2, 5.3.3, 5.4.2.2 and 5.5.1.
Q. Are there trails the contractor can utilize in their program?
A. Yes. Use of outdoor trails/outdoor fitness areas must be coordinated with the COR in advance of the event to ensure there are no live fire events that could place the soldiers in danger. See PWS para 3.1.1.1 (e) and 3.1.1.2 (e)
Q. Aside from the Gov't Furnished Fitness Equipment listing, can we request Soldiers come equipped with their basic packing list for ruck marches, etc?
A. Yes, it would be a reasonable request to request soldiers arrive with their basic packing list. Currently, that includes a fitness uniform, duty uniform, molle type backpack, combat helmet, molle type vest. Recommend including in your technical proposal whether the soldiers will need to arrive with their basic packing list.
Q. How often should we plan on needing to host event out of Charlotte National Guard Armory?
A. Approximately 90% of all events should be planned to be held at Camp Butner; in the event Camp Butner is unavailable or the NCNG must change locations, the alternative from Camp Butner shall be the Charlotte National Guard Armory. See PWS para 3.1.1.2
Q. Who is responsible for getting the GFP fitness equipment to Charlotte?
A. Government.
Q. Any facility challenges or otherwise to mention from prior events held by the Gov't?
A. We have learned that variation in menus is valued, to help soldiers get a really good idea of different healthy eating options.
In the past, we used the Army model in developing fitness routines; however, it was learned quickly that that basis offers fairly limited, repetitive motions, which do not ultimately result in ideal fitness results for the soldiers. Varied exercise is an important aspect.
Also, Army Fitness Trainers now have to apply to be a part of the team. This will aid in ensuring a congruent message is relayed throughout the program which supports NCARNG leadership objectives.
Q. Will EMT be on-site to help anyone that is a diabetic, etc?
A. Yes, Ambulance and First Aid services shall be provided by NCNG. The Gov't will perform triage, treatment and/or transport of soldiers in need of medical attention. See PWS 3.4.6
Conclusion of Site Visit Minutes.
.
Update #6 ·
Q. The PWS references the Army Field Manual 7-22 (Army Physical Readiness Training) and Army Regulation 600-9 (the Army Body Composition Program. Will the contractor be responsible for the APFT (Army Physical Fitness Test) or the ACFT (Army Combat Fitness Test)?
A. This program shall continue to focus on the Army Physical Fitness Test (APFT) until an estimated timeframe of OCT 2021. The Army Combat Fitness Test (ACFT) is not currently planned to be the test of record until 2021. Please reference PWS paragraph 5.3.8. and all of its sub paragraphs, particularly 5.3.8.1, 5.3.8.2, 5.3.8.4, and 5.3.8.5, for specifics on the requirements for exercise instruction and training. PWS para 1.1 has also been updated to provide additional clarity on the intent of the program.
Q. Army Body Fat Composition standards. Can the government clarify what protocol is administered for this test? (Calipers? -3 site, 5 site or 7 site; BMI? Or Circumference? Bioelectrical)
A. The Army Body Fat composition is determined by comparing the height to neck and waist for males and height to neck and hip size for females. Prefer refer to AR 600-9 (Appendix B located on pages 23 - 35) for specifics on
exactly how the body composition is determined. https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN7779_AR600-9_FINAL.pdf
Q. After the 6 months, what happens to the solider and the app that they are accessing?
A. Once the soldier has been removed from the program, their log-in account which gains them access to the online application/mobile app may be deactivated by the contractor.
Q. Fueling Station-will the Army provide "fueling stations" for the soldiers during the camp? Fueling stations are defined as stations that are supplied with rehydration beverages and pre and post exercise snacks?
A. No; please reference PWS para 4.1
Q. Caterer-would the government provide a listing of approved caterers in the local area?
A. No; the vendor may work with any subcontractor that can ensure PWS requirements are fulfilled.
Q. Does the National Guard on site kitchen?
A. No; please reference PWS para 3.1
*Site Visit Minutes along with updated PWS are anticipated to be posted 29 Aug 2019.
.
Update #5 ·
Site Visit Details: Only one Site Visit will be offered, on 28 Aug 2019 at 10:00am EST. Location: Camp Butner, 539 Roberts Chapel Rd, Stem, NC. If you intend on attending, contact amy.b.daniels2.civ@mail.mil by COB 27 Aug 2019.
Q. Vendor requesting clarity on when meals are served.
A. Schedule varies by day and would depend on training requirements for each day. Generally, meal times are 0700, 1200, and 1800 - each having one hour times. See PWS para 5.5.1
Q. Vendor requesting clarity on where meals are served.
A. The pavilion is the only place to eat meals. Snacks can only be consumed outside. Food and drinks (other than water) is not authorized in classrooms or simulation center. See PWS para 3.1.1.1 (b)
Q. Vendor requesting clarity on whether the ratio of 1 to 5 Army Master instructors also applies to contractors.
A. PWS Para 5.3.5 states "Contractor shall maintain minimum student to trainer ratio of 15:1 for physical training". That said, this is a performance based contract, wherein the Gov't does not dictate a specific number of personnel required to perform successfully. The quantity stated is to ensure there is a bare minimum measure in place to ensure safety of Soldiers due to the sensitive nature of activities involved. Your technical proposal should address the resources you plan to commit to this contract effort (reference 52.212-1 above). If the Gov't has little confidence in your understanding of the requirement, or in your ability to successfully perform based on past performance, there is a chance your company will not be awarded the contract (reference 52.212-2 above). Alternately, in the case a contract has been awarded, and performance is insufficient in that the full scope of services are not being rendered successfully, the Gov't will initially seek either reperformance or equitable price adjustment of non-conforming services IAW 52.212-4 (a), then follow-on remedies.
.
Update #4 ·
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. This acquisition is reserved for small business concerns. This combined synopsis/solicitation is issued as a Request for Quotation. The North American Industry Classification system code (NAICS) 611519 size standard of $15M. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03.
Contract line item numbers and quantities:
The Contractor shall provide all personnel, materials, supervision, and services necessary to provide Fitness and Nutrition Program services as described in the attached PWS.
CLIN 0001 Base Year Fitness and Nutrition Program Services
POP: 30 Sept 2019 - 29 Sept 2020
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 0002 Base Year CMRA Reporting
POP: 30 Sept 2019 - 29 Sept 2020
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: https://www.ecmra.mil/Default.aspx 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 at https://www.ecmra.mil/HelpEmail.aspx
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 1001 Option Year I Fitness and Nutrition Program Services
POP: 30 Sept 2020 - 29 Sept 2021
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 1002 Option Year I CMRA Reporting
POP: 30 Sept 2020 - 29 Sept 2021
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: https://www.ecmra.mil/Default.aspx 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 at https://www.ecmra.mil/HelpEmail.aspx
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 2001 Option Year II Fitness and Nutrition Program Services
POP: 30 Sept 2021 - 29 Sept 2022
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 2002 Option Year II CMRA Reporting
POP: 30 Sept 2021 - 29 Sept 2022
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: https://www.ecmra.mil/Default.aspx 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 at https://www.ecmra.mil/HelpEmail.aspx
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 3001 Option Year III Fitness and Nutrition Program Services
POP: 30 Sept 2022 - 29 Sept 2023
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 3002 Option Year III CMRA Reporting
POP: 30 Sept 2022 - 29 Sept 2023
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: https://www.ecmra.mil/Default.aspx 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 at https://www.ecmra.mil/HelpEmail.aspx
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 4001 Option Year IV Fitness and Nutrition Program Services
POP: 30 Sept 2023 - 29 Sept 2024
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 4002 Option Year IV CMRA Reporting
POP: 30 Sept 2023 - 29 Sept 2024
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: https://www.ecmra.mil/Default.aspx 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 at https://www.ecmra.mil/HelpEmail.aspx
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 5001 Option: 6 month extension IAW 52.217-8, Fitness and Nutrition Program Services
POP: 30 Sept 2024- 29 Mar 2025
Firm Fixed Price
Quantity: 6
Unit of Issue: month
Unit Price (1 month): ________
Total Price (6 Months):_______
Wage Determination No.: 2015-4394, Revision 10 Dated 16 July 2019 applies
The following provisions and clauses are applicable to this solicitation:
CLAUSES INCORPORATED BY REFERENCE
52.204-7, System for Award Management
52.204-13 System for Award Management Maintenance
52.204-19 Incorporation by Reference of Representations and Certifications.
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
Provision- 52.211-6-- Brand Name or Equal
Provision - 52.212-1, Instructions to Offerors
Provision - 52.212-3, Offerors Representations and Certifications - Commercial Items
52.212-4 Contract Terms and Conditions--Commercial Items
52.224-1, Privacy Act Notification
52.224-2, Privacy Act
52.222-50 Combating Trafficking in Persons
52.232-39 Unenforceability of Unauthorized Obligations
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
52.245-1 (Alt 1), Government Furnished Property
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
252.203-7002 Requirement to Inform Employees of Whistleblower Rights
252.204-7000 Disclosure of Information
252.204-7003 Control Of Government Personnel Work Product
252.204-7004 Antiterrorism Awareness Training for Contractors
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
252.204-7006 Billing Instructions
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
252.205-7000 Provision Of Information To Cooperative Agreement Holders
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
252.211-7003 Unique Identification and Valuation
252.223-7008 Prohibition of Hexavalent Chromium
252.225-7001 Buy American And Balance Of Payments Program-- Basic
252.225-7002 Qualifying Country Sources As Subcontractors
252.225-7048 Export-Controlled Items
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
252.232-7010 Levies on Contract Payments
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
252.243-7001 Pricing Of Contract Modifications
252.243-7002 Requests for Equitable Adjustment
252.244-7000 Subcontracts for Commercial Items
252.247-7023 Transportation of Supplies by Sea
CLAUSES INCORPORATED FULL TEXT
P- 52.212-1, Instructions to Offerors- Commercial Items (DEVIATION 2018-O0018)
Addendum to 52.212-1: Limit your past performance/technical/price proposal to 15 pages. Technical proposal shall address how you intend to meet or exceed the scope of work as stated in the PWS. Highly recommended to include proposed staffing/credentialing, approach to meals, a specific URL of your online platform or access instructions for smart phone application platform (to include login instructions for test users), along with any other information which demonstrates your level of understanding of the requirement and ability to successfully execute the full scope of work successfully.
P- 52.212-2, Evaluation-Commercial Items: The Government will award a firm-fixed priced contract.
Only one award will be made.
The Government intends to award a firm-fixed price contract to the responsible vendor whose quote conforming to the solicitation provides the Best Value to the Government. "Best value" means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. In accordance with FAR 12.602 & FAR 13.106-2, technical, price & past performance information will be considered in the streamlined evaluation. This may result in award being made to a higher-rated, higher-priced quote. The Past Performance factor is somewhat more important than the Technical Factor. The Technical factor is somewhat more important than the Price factor. When combined, all non-price factors are more important than the Price factor.
The Government's selection of a higher-rated, higher-priced quote will be supported by a determination that the technical/past performance superiority warrants the additional cost involved. Offerors are encouraged to submit past performance references. Offerors may submit past performance references. Past performance may be based on one or more of the following: Contracting Officer's prior knowledge/experience; customer past performance inquiry replies; PPIRS/FAPIIS, or any other reasonable basis. While the Government and the Source Selection Authority will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire evaluation process. Award may be made without discussions.
Pricing will be evaluated inclusive of all options, to include 52.217-9 and 52.217-8
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 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 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
__X__ (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).
__X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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 Set-Aside (Deviation 2019 O00003)
____ (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.
__X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). (over SAT)
____ (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 (Deviation 2019 O00003)
____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
__X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
____ (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.
____ (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.
____ (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 (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__X__ (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 (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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[supreg]-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 (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 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 (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X__ (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).
__X__ (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)(12)).
____ (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.)
__X___ (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).
Fill-In:
Certified Personal Trainer or Fitness Expert NF-02
Certified Nutritionist or Registered Dietitian GS-09/11
__X___ (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). (over SAT Services)
_____ (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). (Services subject to SCA)
_____ (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) 52.219-8, 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 (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (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 (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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) (E.O. 13658).
(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(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)
52.217-8 -- Option to Extend Services.
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within within 1 business day, provided preliminary notice of 30 days is given.
(End of Clause)
52.217-9 -- Option to Extend the Term of the Contract.
(a) The Government may extend the term of this contract by written notice to the Contractor within within 1 business day, provided preliminary notice of 30 days is given. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months before the contract expires.
(End of Clause)
52.219-28 , Post-Award Small Business Program Rerepresentation
52.252-2 -- Clauses Incorporated by Reference.
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
(End of Clause)
52.252-6 -- Authorized Deviations in Clauses.
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Clause)
252.232-7006, Wide Area Workflow
ln no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby notified that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation from the written terms of the contract. Payments or Partial payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.
252.232-7006 Wide Area WorkFlow Payment Instructions.
As prescribed in 232.7004(b), use the following clause:
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.
(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.
Invoice 2in1
(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.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(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*
Pay Official DoDAAC HQ0670
Issue By DoDAAC W91242
Admin DoDAAC W91242
Service Approver (DoDAAC) TBD
Service Acceptor (DoDAAC) TBD
(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.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
amy.b.daniels2.civ@mail.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
All information relating to this solicitation will be posted on the website this solicitation has been posted within. Formal communications such as request for clarifications and/or information concerning this solicitation must be submitted in writing via e-mail (DEADLINE for questions: noon EST 27 Aug 2019) It is the responsibility of the vendor to verify email receipt. NO TELEPHONIC REQUESTS FOR INFORMATION WILL BE HONORED. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing.
Funds are not presently available for this solicitation. No award will be made unless funds become available to make payment under an order. The government reserves the right to cancel this solicitation at any time without any obligation to the offeror by the government.
Added: Aug 26, 2019 11:26 am Modified: Aug 26, 2019 12:52 pmTrack Changes Site Visit Details: Only one Site Visit will be offered, on 28 Aug 2019 at 10:00am EST. Location: Camp Butner, 539 Roberts Chapel Rd, Stem, NC. If you intend on attending, contact amy.b.daniels2.civ@mail.mil by COB 27 Aug 2019.
Q. Vendor requesting clarity on when meals are served.
A. Schedule varies by day and would depend on training requirements for each day. Generally, meal times are 0700, 1200, and 1800 - each having one hour times. See PWS para 5.5.1
Q. Vendor requesting clarity on where meals are served.
A. The pavilion is the only place to eat meals. Snacks can only be consumed outside. Food and drinks (other than water) is not authorized in classrooms or simulation center. See PWS para 3.1.1.1 (b)
Q. Vendor requesting clarity on whether the ratio of 1 to 5 Army Master instructors also applies to contractors.
A. This is a performance based contract, wherein the Gov't does not dictate a specific number of personnel required to perform. However, your technical proposal should address the resources you plan to commit to this contract effort (reference 52.212-1 above). If the Gov't has little confidence in your understanding of the requirement, or in your ability to successfully perform based on past performance, there is a chance your company will not be awarded the contract (reference 52.212-2 above). Alternately, in the case a contract has been awarded, and performance is insufficient in that the full scope of services are not being rendered successfully, the Gov't will initially seek either reperformance or equitable price adjustment of non-conforming services IAW 52.212-4 (a), then follow-on remedies.
.
Update #3 ·
Only one Site Visit will be offered, on 28 Aug 2019 at 10:00am EST. Location: Camp Butner, 539 Roberts Chapel Rd, Stem, NC. If you intend on attending, contact amy.b.daniels2.civ@mail.mil by COB 27 Aug 2019.
Q. Vendor requesting clarity on when meals are served.
A. Schedule varies by day and would depend on training requirements for each day. Generally, meal times are 0700, 1200, and 1800 - each having one hour times. See PWS para 5.5.1
Q. Vendor requesting clarity on where meals are served.
A. The pavilion is the only place to eat meals. Snacks can only be consumed outside. Food and drinks (other than water) is not authorized in classrooms or simulation center. See PWS para 3.1.1.1 (b)
.
Update #2 ·
The Government is attempting to coordinate a Site Visit date for those interested; this is anticipated to occur either 27 Aug 19 or 28 Aug 19. Due to the short time-frame, please stay posted for details. However, the site details have been more thoroughly explained within the PWS in the event we are unable to coordinate the visit..
Update #1 ·
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. This acquisition is reserved for small business concerns. This combined synopsis/solicitation is issued as a Request for Quotation. The North American Industry Classification system code (NAICS) 611519 size standard of $15M. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03.
Contract line item numbers and quantities:
The Contractor shall provide all personnel, materials, supervision, and services necessary to provide Fitness and Nutrition Program services as described in the attached PWS.
CLIN 0001 Base Year Fitness and Nutrition Program Services
POP: 30 Sept 2019 - 29 Sept 2020
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 0002 Base Year CMRA Reporting
POP: 30 Sept 2019 - 29 Sept 2020
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: https://afcmra.hqda.pentagon.mil/Login.aspx 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 at help desk at:
(855) 723-267
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 1001 Option Year I Fitness and Nutrition Program Services
POP: 30 Sept 2020 - 29 Sept 2021
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 1002 Option Year I CMRA Reporting
POP: 30 Sept 2020 - 29 Sept 2021
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: https://afcmra.hqda.pentagon.mil/Login.aspx 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 at help desk at:
(855) 723-267
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 2001 Option Year II Fitness and Nutrition Program Services
POP: 30 Sept 2021 - 29 Sept 2022
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 2002 Option Year II CMRA Reporting
POP: 30 Sept 2021 - 29 Sept 2022
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: https://afcmra.hqda.pentagon.mil/Login.aspx 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 at help desk at:
(855) 723-267
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 3001 Option Year III Fitness and Nutrition Program Services
POP: 30 Sept 2022 - 29 Sept 2023
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 3002 Option Year III CMRA Reporting
POP: 30 Sept 2022 - 29 Sept 2023
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: https://afcmra.hqda.pentagon.mil/Login.aspx 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 at help desk at:
(855) 723-267
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 4001 Option Year IV Fitness and Nutrition Program Services
POP: 30 Sept 2023 - 29 Sept 2024
Firm Fixed Price
Quantity: 12
Unit of Issue: month
Unit Price (1 month): ________
Total Price (12 Months:_______
CLIN 4002 Option Year IV CMRA Reporting
POP: 30 Sept 2023 - 29 Sept 2024
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: https://afcmra.hqda.pentagon.mil/Login.aspx 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 at help desk at:
(855) 723-267
Quantity: 1
Unit of Issue: each
Total Price:_______
CLIN 5001 Option: 6 month extension IAW 52.217-8, Fitness and Nutrition Program Services
POP: 30 Sept 2024- 29 Mar 2025
Firm Fixed Price
Quantity: 6
Unit of Issue: month
Unit Price (1 month): ________
Total Price (6 Months):_______
Wage Determination No.: 2015-4394, Revision 10 Dated 16 July 2019 applies
The following provisions and clauses are applicable to this solicitation:
CLAUSES INCORPORATED BY REFERENCE
52.204-7, System for Award Management
52.204-13 System for Award Management Maintenance
52.204-19 Incorporation by Reference of Representations and Certifications.
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
Provision- 52.211-6-- Brand Name or Equal
Provision - 52.212-1, Instructions to Offerors
Provision - 52.212-3, Offerors Representations and Certifications - Commercial Items
52.212-4 Contract Terms and Conditions--Commercial Items
52.224-1, Privacy Act Notification
52.224-2, Privacy Act
52.222-50 Combating Trafficking in Persons
52.232-39 Unenforceability of Unauthorized Obligations
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
52.245-1 (Alt 1), Government Furnished Property
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
252.203-7002 Requirement to Inform Employees of Whistleblower Rights
252.204-7000 Disclosure of Information
252.204-7003 Control Of Government Personnel Work Product
252.204-7004 Antiterrorism Awareness Training for Contractors
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
252.204-7006 Billing Instructions
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
252.205-7000 Provision Of Information To Cooperative Agreement Holders
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
252.211-7003 Unique Identification and Valuation
252.223-7008 Prohibition of Hexavalent Chromium
252.225-7001 Buy American And Balance Of Payments Program-- Basic
252.225-7002 Qualifying Country Sources As Subcontractors
252.225-7048 Export-Controlled Items
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
252.232-7010 Levies on Contract Payments
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
252.243-7001 Pricing Of Contract Modifications
252.243-7002 Requests for Equitable Adjustment
252.244-7000 Subcontracts for Commercial Items
252.247-7023 Transportation of Supplies by Sea
CLAUSES INCORPORATED FULL TEXT
P- 52.212-1, Instructions to Offerors- Commercial Items (DEVIATION 2018-O0018)
Addendum to 52.212-1: Limit your past performance/technical/price proposal to 15 pages. Technical proposal shall address how you intend to meet or exceed the scope of work as stated in the PWS.
P- 52.212-2, Evaluation-Commercial Items: The Government will award a firm-fixed priced contract.
Only one award will be made.
The Government intends to award a firm-fixed price contract to the responsible vendor whose quote conforming to the solicitation provides the Best Value to the Government. "Best value" means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. In accordance with FAR 12.602 & FAR 13.106-2, technical, price & past performance information will be considered in the streamlined evaluation. This may result in award being made to a higher-rated, higher-priced quote. The Past Performance factor is somewhat more important than the Technical Factor. The Technical factor is somewhat more important than the Price factor. When combined, all non-price factors are more important than the Price factor.
The Government's selection of a higher-rated, higher-priced quote will be supported by a determination that the technical/past performance superiority warrants the additional cost involved. Offerors are encouraged to submit past performance references. Offerors may submit past performance references. Past performance may be based on one or more of the following: Contracting Officer's prior knowledge/experience; customer past performance inquiry replies; PPIRS/FAPII, or any other reasonable basis. While the Government and the Source Selection Authority will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire evaluation process. Award may be made without discussions.
Pricing will be evaluated inclusive of all options, to include 52.217-9 and 52.217-8
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 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 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
__X__ (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).
__X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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 Set-Aside (Deviation 2019 O00003)
____ (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.
__X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). (over SAT)
____ (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 (Deviation 2019 O00003)
____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
__X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
____ (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.
____ (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.
____ (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 (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__X__ (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 (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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[supreg]-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 (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 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 (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X__ (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).
__X__ (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)(12)).
____ (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.)
__X___ (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).
Fill-In:
Certified Personal Trainer or Fitness Expert NF-02
Certified Nutritionist or Registered Dietitian GS-09/11
__X___ (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). (over SAT Services)
_____ (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). (Services subject to SCA)
_____ (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) 52.219-8, 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 (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (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 (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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) (E.O. 13658).
(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(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)
52.217-8 -- Option to Extend Services.
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within within 1 business day, provided preliminary notice of 30 days is given.
(End of Clause)
52.217-9 -- Option to Extend the Term of the Contract.
(a) The Government may extend the term of this contract by written notice to the Contractor within within 1 business day, provided preliminary notice of 30 days is given. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months before the contract expires.
(End of Clause)
52.219-28 , Post-Award Small Business Program Rerepresentation
52.252-2 -- Clauses Incorporated by Reference.
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
(End of Clause)
52.252-6 -- Authorized Deviations in Clauses.
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of Clause)
252.232-7006, Wide Area Workflow
ln no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby notified that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation from the written terms of the contract. Payments or Partial payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.
252.232-7006 Wide Area WorkFlow Payment Instructions.
As prescribed in 232.7004(b), use the following clause:
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.
(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.
Invoice 2in1
(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.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(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*
Pay Official DoDAAC HQ0670
Issue By DoDAAC W91242
Admin DoDAAC W91242
Service Approver (DoDAAC) TBD
Service Acceptor (DoDAAC) TBD
(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.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
amy.b.daniels2.civ@mail.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
All information relating to this solicitation will be posted on the website this solicitation has been posted within. Formal communications such as request for clarifications and/or information concerning this solicitation must be submitted in writing via e-mail (it is the responsibility of the vendor to verify email receipt). NO TELEPHONIC REQUESTS FOR INFORMATION WILL BE HONORED. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing.
Funds are not presently available for this solicitation. No award will be made unless funds become available to make payment under an order. The government reserves the right to cancel this solicitation at any time without any obligation to the offeror by the government.
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Notice history
| Notice | Type | Posted |
|---|---|---|
| This notice | Award Notice | |
| Fitness and Nutrition Camps and Counseling | Special Notice |
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