OWS Tank Cleaning Services

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Amendment 01 - Publish answers to RFIs and provide waste characterizaation profile.

see attachments RFIs date 3 Sep 20 and OWS Profile

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

(ii)    Solicitation number W50S81-20-Q-0014, is hereby issued as a Request for Quote (RFQ) for OWS Tank Cleaning Services. A contract will be awarded without discussions as a single, Firm-Fixed Price (FFP) award utilizing FAR Part 13, Simplified Acquisition Procedures. Award will be made for a base year with 4 follow-on option years.

(iii)    This solicitation document incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2020-08 and the Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice 2020605. It is the contractor's responsibility to become familiar with applicable clauses and provisions by visiting https://www.acquisition.gov/ .

(iv)    This solicitation is a 100% small business set aside and is restricted to small businesses only in accordance with FAR 19.502-2(b). The North American Industry Classification System Code (NAICS) is 562998; Small Business Size Standard is $8 million.

(v)    Contract Line Item Numbers (CLIN), items, quantities, and units of measure:

0001    Base Year – Perform tank cleaning service in accordance with (IAW) section 5 of the SOW dated 15JUNE20.  Period of Performance (PoP) is 12 months.    1 Job
0002    Base Year - Contractor Manpower Reporting Application (CMRA) requirement – (see section 5.8 in the PWS dated 15JUNE20). PoP 12 months.    1 EA   
1001    Option Year 1 - Perform service IAW CLIN 0001. PoP is 12 months.    1 Job
1002    Option Year 1 - CMRA requirement - IAW CLIN 0002. PoP 12 months.    1  EA
2001    Option Year 2 - Perform service IAW CLIN 0001. PoP is 12 months.    1 Job
2002    Option Year 2 - CMRA requirement - IAW CLIN 0002. PoP 12 months.    1  EA
3001    Option Year 3 - Perform service IAW CLIN 0001. PoP is 12 months.    1 Job
3002    Option Year 3 - CMRA requirement - IAW CLIN 0002. PoP 12 months.    1  EA
4001    Option Year 4 - Perform service IAW CLIN 0001. PoP is 12 months.    1 Job
4002    Option Year 4 - CMRA requirement - IAW CLIN 0002. PoP 12 months.    1  EA

(vi)    Description of Requirement: The contractor shall provide all management, tools, supplies, equipment, and labor/manpower and appropriate license(s)/qualification(s) necessary to perform pump out and cleaning services of pump and clean a 10,000 gallon Oil/Water separator and a 1,000 gallon fuel/product recovery tank and remove sludge from and clean twelve (12) separate concrete trench drains at the base bulk fuel facility as outlined in Section 5 of the PWS dated 25AUG20. 

(vii)    Contract award for base year is estimated to be on or around 18 SEPT 2020. Work to be performed at 104 FW, Barnes ANGB, 175 Falcon Drive, Westfield, MA 01085-1482.

(viii)     Provision 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. To be considered Responsive, quotes must provide pricing for each CLIN and must include the following information: Company Name & Address, Point of Contract, Telephone, Email, Cage Code, DUNS Number, and Business Size. For your convenience, a bid schedule with the required fields is attached with this solicitation.

In addition, the vendor shall provide evidence of a minimum of two (2) recent contracts with the DoD, or other state/federal agency, of similar scope of work as the PWS for this requirement. Contract performance must be within two (2) years from the issuance date of this solicitation. Include the following criteria: Contract Number, Contract Value, Scope of Contract Work Performed.

Vendors MUST certify provisions 52.204-24 and 52.204-26 by completing the attached PDF titled, “Certification Provisions” by selecting all 3 selectable fields and submitting it with their quotes. Failure to do so may classify the vendor quote as nonresponsive.

Solicitation amendments, if any, need to be acknowledged. 

(ix)    Provision 52.212-2, Evaluation-Commercial Items, applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: TECHNICAL, PAST PERFORMANCE AND PRICE

TECHNICAL: The Government shall evaluate each offeror’s technical submission for acceptability to meet the requirements for this project as described in the specifications of the SOW as well as any special requirements called for in this solicitation.

PAST PERFORMANCE: Past Performance will be evaluated based on a comparative evaluations of offers. If the vendor provided past performance information does not reflect similar experience, as stated above in section viii, the vendor quote will be classified as nonresponsive and be ineligible for award.

PRICE: Price will be evaluated based on the total price of all line items combined.

The Contracting Officer may only award a contract to a responsive, responsible Offeror. Any Offeror's proposal that fails reflect its capability to meet the requirement as stated in this solicitation and the SOW will be rendered nonresponsive. 

(x)    Vendors must certify provision 52.212-3, Offeror Representations and Certifications-Commercial Items, if applicable, by filling in the appropriate fields in attached PDF titled, “Certification Provisions” and submitting with your quote.

(xi)    Clause 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. 

(xii)    Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. Clauses and provisions are incorporated by reference and by full text are listed below. FAR and DFARS clauses and provisions can be read in their full text at https://www.acquisition.gov/. The clauses are to remain in full effect in any resultant award. It is the contractor's responsibility to become familiar with the applicable provisions and clauses. 

(xiii)    IAW FAR 52.204-16, prospective awardees shall have an active Cage Code prior to award of a government contract. To register for a Cage Code and to complete Online Representations and Certifications, go to the System for Award Management (SAM) at https://www.sam.gov/SAM/. All vendors interested and capable of obtaining contract award must be registered with the Wide Area Work Flow (WAWF) located at https://piee.eb.mil/piee-landing/ . Vendors are required to create and submit invoices electronically through WAWF and receive payment via electronic funds transfer (EFT) for supplies or services rendered.

(xiv)    Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable to this acquisition.

(xv)    Quotes must be submitted via email no later than (NLT) 2:00 PM EST, 11 SEPTEMBER 2020 to 104.FW.MSC@us.af.mil  with solicitation number W50S81-20-Q-0014 in the subject line. Requests for Information (RFI) concerning this requirement must be submitted in writing to the email list above NLT 2:00 PM EST, 04 SEPTEMBER 2020.

(xvi)    Questions concerning this soliciting should be directed to Freeman Knowlton at 104.FW.MSC@us.af.mil. 

APPLICABLE PROVISIONS AND CLAUSES:

The following clauses and provisions are incorporated by reference and by full text. FAR and DFARS clauses and provisions can be read in their full text at https://www.acquisition.gov/ .  The clauses are to remain in full force in any resultant contract.  It is the contractor’s responsibility to become familiar with the applicable provisions and clauses.

PROVISIONS INCORPORATED BY REFERENCE:

FAR 52.204-7    System for Award Management
FAR 52.204-16    Commercial and Government Entity Code Reporting
FAR 52.204-22    Alternative Line Item Proposal
DFARS 252.203-7005     Representation Relating to Compensation of Former DoD Officials
DFARS 252.204-7008    Compliance with Safeguarding Covered Defense Information Controls
DFARS 252.204-7016    Covered Defense Telecommunications Equipment or Services--Representation
DFARS 252.204-7017    Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation

CLAUSES INCORPORATED BY REFERENCE:

FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-18 Commercial and Government Entity Code Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.232-1 Payments
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DFARS 252.201-7000 Contracting Officer's Representative
DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials
DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights
DFARS 252.204-7003 Control of Government Personnel Work Product
DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecom Equipment or Services
DFARS 252.225-7048 Export-Controlled Items
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.243-7001 Pricing of Contract Modifications
DFARS 252.244-7000 Subcontracts for Commercial Items
DFARS 252.247-7023 Transportation of Supplies by Sea

PROVISIONS INCORPORATED BY FULL TEXT:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or
Equipment. ***See attached “Certification Provisions” PDF for full text.***

52.204-26 Covered Telecommunications Equipment or Services-Representation. ***See attached “Certification Provisions” PDF for full text.***

52.212-2 Evaluation-Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: TECHNICAL, PAST PERFORMANCE AND PRICE

TECHNICAL: The Government shall evaluate each offeror’s technical submission for acceptability to meet the requirements for this project as described in the specifications of the SOW as well as any special requirements called for in this solicitation.

PAST PERFORMANCE: Past Performance will be evaluated based on a comparative evaluations of offers. If the vendor provided past performance information does not reflect similar experience, as stated in section viii of the solicitation, the vendor quote will be classified as nonresponsive and be ineligible for award.

PRICE: Price will be evaluated based on the total price of all line items combined.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). For purposes of evaluating FAR 52.217-8 OPTION TO EXTEND SERVICES, by submitting its proposal, the offeror agrees that the Government shall consider the price of an optional six (6) months of services under the terms of this clause to be one-half (1/2) of the total price of the current service and travel CLINs (CLINs x001 and x002, respectively) under which performance is occurring at the time the Government indicates its intent to extend services in accordance with FAR 52.217-8. An additional CMRA would not be required.

(c)A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (AUG 2020)
      
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
1)    52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
2)    52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
3)    52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
4)    52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
5)    52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
6)    52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), 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 (JUN 2020) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a).
__ (ii) Alternate I (MAR 2020) of 52.219-3.
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (MAR 2020) of 52.219-4.
__ (13) [Reserved]
X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) of 52.219-6 (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9.
__ (v)Alternate IV (JUN 2020) of 52.219-9
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
X (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).
X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (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 (Mar2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).
X (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).
X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
__ (ii) Alternate I (JUL 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
X (35) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 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.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-16.
X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (MAY 2014) of 52.225-3.
__ (iii) Alternate II (MAY 2014) of 52.225-3.
__ (iv) Alternate III (MAY 2014) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
__ (63) (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:
X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 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).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 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).
__ (6) 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 (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (JUN 2020) (41 U.S.C. 3509).
     (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
 (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
    (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
    (v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
      (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
      (vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
      (viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
      (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
      (x) 52.222-37, Employment Reports on Veterans (JUN 2020) (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 (Aug2018) (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 (Mar2015) 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 (May2014) (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 (MAY2014) (41 U.S.C. chapter 67).
      (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
      (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
      (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
      (xix) 
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
      (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
      (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (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.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

Option to Extend Services (Nov 1999)

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 15 days prior to contract expiration.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

      (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days prior to the end of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. 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.

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/

(End of provision)

52.252-2 -- Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:
Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/ .

(End of Clause)

52.252-6 Authorized Deviations in Clauses.

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause.

Authorized Deviations in Clauses (Apr 1984)

      (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 (48 CFR 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 Work Flow 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://piee.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://piee.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.  N/A

(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 as 2-In-1 

(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.

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

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

Routing Data Table*
Field Name in WAWF                   Data to be entered in WAWF 
Pay Official DoDAAC                    SL4701
Issue By DoDAAC                          W50S81
Admin DoDAAC**                         W50S81
Inspect By DoDAAC                     F6C312
Ship To Code                                 N/A
Ship From Code                           N/A
Mark For Code                              N/A
Service Approver (DoDAAC)    N/A
Service Acceptor (DoDAAC)     F6C312
Accept at Other DoDAAC          N/A
LPO DoDAAC                                  N/A
DCAA Auditor DoDAAC               N/A
Other DoDAAC(s)                         N/A

(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.

104.FW.MSC@us.af.mil. 
john.richardson.2@us.af.mil 
 
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)

AFFARS 5352.201.9101 OMBUDSMAN

As prescribed in 5301.9103, insert the following clause:

OMBUDSMAN (OCT 2019) 

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Robert P. Grasso at 703-601-4380 or at robert.p.grasso.civ@mail.mil . Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.
(End of clause)