SOLICITATION NOTICE
69 -- Training Aids Posters
- Notice Date
- 9/4/2014
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 332999
— All Other Miscellaneous Fabricated Metal Product Manufacturing
- Contracting Office
- ACC - New Jersey, Center for Contracting and Commerce, Building 10 Phipps RD, Picatinny Arsenal, NJ 07806-5000
- ZIP Code
- 07806-5000
- Solicitation Number
- W15QKN-14-R-0209
- Response Due
- 9/15/2014
- Archive Date
- 11/3/2014
- Point of Contact
- rogertang, 9737247819
- E-Mail Address
-
ACC - New Jersey
(roger.tang.civ@mail.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- 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 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. Quotes are being requested; a written solicitation will not be issued. Solicitation W15QKN-14-R-0209, along with incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2005-76. The NAICS code for this procurement is 332999 and the small business size standard is 750 employees. This requirement is a Small Business set-aside and only qualified offerors may submit quotes. The solicitation on FedBizOpps will start on the date this solicitation is posted and will end 10 days after this solicitation is posted at 13:30:00.0 Eastern Time or as otherwise displayed at FedBizOpps. FOB Destination shall be in the Special Shipping Instructions. Offeror must be registered in the System for Award Management (SAM) database before an award can be made to them. If the offeror is not registered in the SAM, it may do so through the SAM website at ttps://www.sam.gov/index.html. The U.S. Army ARDEC, Picatinny Arsenal, NJ intends to award on a competitive basis a purchase order for a Training Aids Posters that meet the following requirements: Each poster shall be approximately 24x30 inches, in color and laminated on both front and back. Each poster will show a minimum of one photograph of the item with the appropriate fuze. If the fuze is internal, it will be shown in a separate photograph. Fins, rotating bands and bases as applicable must be visible on each poster. Photographs will have no copyright or limitations on use. All photographs will be a minimum of 300 DPI and have no visible background. Each poster will indicate the type, nomenclature, country of origin and functioning of item descriptions. The list of the required posters is attached. Offerors responding to this announcement shall submit their quote in accordance with FAR 52.212-1 as well as instructions contained within this solicitation. Offerors shall have a valid registration at SAM.gov. Also, please complete and submit provision 52.212-3, Offeror Representations and Certifications- Commercial Items. Contract clauses: 52.212-4 Contract Terms and Conditions - Commercial Items and 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items are listed below and apply to this acquisition. The quote shall be presented in sufficient detail to allow the Government evaluation of the response to the requirements of the request for quote. The Government will not assume offerors possess any capability, understanding or commitment not specified in the quote. All inquiries/questions concerning this procurement, either technical or contractual, shall be submitted via email to the Contracting Office; phone call inquiries will not be accepted. Please submit all inquiries by email to the following: Roger Tang Contract Specialist E-Mail: roger.tang.civ@mail.mil STATEMENT OF WORK 1. Scope 2. Background 3. Requirements 4. Delivery location 1. Scope: This task provides inert ordnance and training aids to allow Foreign Material Exploitation and EOD training development for the ARDEC EOD directorate Picatinny Arsenal NJ. These items are required to facilitate training and EOD tool procedures development. The highest security classification for this effort is UNCLASSIFIED. 2. Background: The EOD directorate is in need of original factory manufactured hardware relating to various US and foreign manufactured ordnance items for purposes of training and development of EOD render safe procedures. This office is responsible for formulating, testing and publishing EOD procedures as well as training EOD personnel in Foreign Material Exploitation, ordnance identification and disposal. 3. The contractor shall provide the following items in the quantities indicated. a.Posters. Each poster will be approximately 24x30 inches, in color and laminated front and back. Poster will show a minimum of one photograph of the item with the appropriate fuze. If fuze is internal, fuze will be shown in a separate photograph. Fins, rotating bands and bases as applicable must be visible on each poster. Photographs will have no copyright or limitations on use. All photographs will be a minimum of 300 DPI and have no visible background. Each poster will indicate type, nomenclature, country of origin and functioning of item. 4. All items shall be delivered within 240 days from award to the ARDEC EOD Directorate, Building 91N, Picatinny Arsenal, NJ 07806. 1. BASIS FOR AWARD 1.1 The Government may make more than one award as a result of this Request for Quote (RFQ). Initially, the Government will select for award the quote that is the most advantageous and represents the Best Value to the Government. The Government reserves the right to award a contract to other than the lowest priced offeror or to other than the highest technically rated offeror if the Contracting Officer determines that to do so would result in the best value to the Government. If the initial award does not include all the items listed in the SOW, then additional orders to other offerors may follow in order to obtain those missing items. Evaluations for award will not be conducted on an individual item basis, but instead will be based on the technical and delivery schedule ratings and total price for the group of items quoted as a whole. 1.2 The initial award will be made based on the best overall (i.e., best value) quote that is determined to be the most beneficial to the Government, with appropriate consideration given to the following evaluation factors: Delivery Schedule, Price, and Past Performance. The Delivery Schedule is the most important factor. Price is less important than the Delivery Schedule, but more important than Past Performance. To receive consideration for award, a rating of no less than quote mark Acceptable quote mark must be achieved for Delivery Schedule. 1.3 Discussions: The Government intends to evaluate quotes and award an order without discussions with offerors. Therefore, the offeror's initial quote should contain the offeror's best terms. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. 2. EVALUATION FACTORS/SUBFACTORS AND EVALUATION APPROACH 2.1. Careful, impartial, and full consideration will be given to all quotes received pursuant to the Request for Quotation and evaluations will be applied in a similar manner. Factors against which quotes will be evaluated are set forth below. Each quote received will be evaluated by key Government personnel knowledgeable in the respective fields. 2.2. FACTOR I - DELIVERY SCHEDULE. This factor will receive a rating of quote mark Outstanding quote mark, quote mark Good quote mark, or quote mark Acceptable quote mark based upon proposed completion of delivery of all quoted items. Quotes will be evaluated for this factor as follows: Outstanding - Delivery completed no later than 120 days after award Good - Delivery completed no later than 180 days after award Acceptable - Delivery completed no later than 240 days after award Proposed delivery of any items beyond 240 days after award are unacceptable. 2.4. FACTOR II - PRICE 1. Price will NOT be scored with a rating. The Government will evaluate the price proposed for reasonableness. Total price will be calculated based on adding the prices of all items quoted. 2. The Government would like quotes for as many items as possible however, it is not required that offerors submit a price or be able to provide every item in order to be considered for award. 3. After offers are evaluated, and assuming multiple contracts will be awarded, if the intended recipient of the primary award (majority of items) has proposed a price for an individual item that is not considered reasonable, the Government may choose to exclude the individual item from the primary award and instead award the item as part of a secondary or additional award. 2.5. FACTOR III - PAST PERFORMANCE 1.Offerors are not required to submit past performance information; however, the Government intends to evaluate each offeror's relevant and recent past performance using the Government-wide Past Performance Information Retrieval System (PPIRS) as well as using FAPPIS. Offerors and their major/key subcontractors will be evaluated on the quality of their relevant and recent past performance, as it relates to the probability of success on this proposed call order. 2.For the purpose of evaluating quotes, quote mark recent quote mark is defined as occurring within the following time standards: 1) occurring within the past 3 years, or 2) awarded earlier than 3 years ago, but for which deliveries occurred or were scheduled to occur within the past three years. However, the Government may evaluate any performance in the period subsequent from the closing date, but prior to the date of award. quote mark Relevant quote mark is defined as contracts demonstrating technical/management capabilities the same as or similar to those required to perform on this proposed call order. Major/key subcontractors are defined as those that will be providing critical hardware or whose subcontract is for more than 25% of the total proposed price. 3.Each offeror shall be assigned one of the following ratings based on the information obtained from PPIRS and/or FAPPIS: Substantial Confidence - Based on the Offeror's recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort Satisfactory Confidence - Based on the Offeror's recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort. Limited Confidence - Based on the Offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort. No Confidence - Based on the Offeror's recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort. Unknown Confidence (Neutral) - No recent/relevant performance record is available or the Offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. While an Offeror will not be evaluated either favorably or unfavorably for having Neutral past performance, a Neutral rating can be a determinant during an analysis with other Offerors who have a performance rating other than Neutral. Additionally, an unfavorable past performance will be considered any information that supports a less than satisfactory rating from sources where the information is from informal rating systems such as quote mark PPIRS quote mark or quote mark FAPPIS. quote mark RFQ CLAUSES & PROVISIONS PACKAGING AND MARKING: By Reference 52.211-4000 COMMERCIAL PACKAGING REQUIREMENTS (Apr/2014) INSPECTION AND ACCEPTANCE: 52.246-4000 ACCEPTANCE [ ] Acceptance will be at the Contractor's plant. [ X ] Acceptance will be at destination. 52.246-4001 GOVERNMENT PROCUREMENT QUALITY ASSURANCE ACTIONS Government Procurement Quality Assurance (PQA) actions will be accomplished by the Governments authorized Quality Assurance Representative (QAR) at: [ ] Contractors Plant [X ] Destination [ ] Other: The Contractor's plant except for tests conducted at a Government Facility or Proving Ground DELIVERIES OR PERFORMANCE: By Reference: 52.247-34 F.O.B. DESTINATION (NOV/1991) 252.211-7003 ITEM IDENTIFICATION AND VALUATION (DEC/2013) 52.247-4000 DELIVERIES TO PICATINNY ARSENAL OCT/2010 Trucks shall deliver Monday through Thursday, excluding holidays, between the hours of 7:30 A.M. and 2:00 P.M. Enter through the truck entrance and report to the Scale House for further assistance. Schedule shipments with ARDEC receiving personnel before delivery at telephone number (973) 724-4243, 3384 or 2503. Failure to schedule delivery could result in delay of off-loading. If you cannot deliver by the contract/purchase order delivery date, you will notify the Contract Specialist cited on DD Form 1155, SF33 or SF18 for disposition instructions. CONTRACT ADMINISTRATION DATA: SPECIAL CONTRACT REQUIREMENTS: By Reference 52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MAY/2014) Full Text 52.000-4002 LEVEL 1 ANTI TERRORIST AWARENESS TRAINING REQUIREMENTS FOR CONTRACTOR EMPLOYEES OCT/2010 (a) All contractor employees requiring access to any Federally-controlled facility and logical access to Federally controlled information systems except for national security systems as defined by 44 U.S.C. 3542(b)(2), should be certified in Level 1 Anti Terrorism Training. The training is accessible from any computer with access to the World Wide Web and is available at https:/atlevel1.dtic.mil/at. The contractor is responsible for ensuring that the training has been satisfactorily completed and that valid certificates of completion have been submitted to the Contracting Officers Representative (COR) with a copy furnished to the Contracting Officer. The Certificates are valid for one year, therefore, training shall be completed every year for the duration of the contract. (b) The term Federally-controlled facility is defined as: (1) Federally-owned buildings or leased space, whether for single or multi-tenant occupancy, and its grounds and approaches, all or any portion of which is under the jurisdiction, custody or control of a department or agency; (2) Federally-controlled commercial space shared with non-government tenants. For example, if a department or agency leased the 10th floor of a commercial building, the Directive applies to the 10th floor only; (3) Government-owned, contractor-operated facilities, including laboratories engaged in national defense research and production activities; and (4) Facilities under a management and operating contract, such as for the operation, maintenance, or support of a Government owned or Government-controlled research, development, special production, or testing establishment. (c) The term Federally-controlled information system means an information system (44 U.S.C. 3502(8)) used or operated by a Federal agency, or a contractor or other organization on behalf of the agency (44 U.S.C. 3544(a)). (d) The term quote mark contractor employee quote mark includes employees, agents, students or student interns, or representatives and all employees, agents or representatives of all subcontractors and suppliers. 52.000-4000 IDENTIFICATION OF CONTRACTOR EMPLOYEES (OCT/2010) This requirement is only applicable to contractor employees working on Picatinny Arsenal. 1. All contractor employees (which includes students utilized in the performance of the contract) working on the U.S. Army installation, Picatinny Arsenal in the State of New Jersey, in connection with this contract, shall conform to all applicable federal or state laws, and published rules and regulations of the Departments of Defense and Army, as well as any applicable regulations promulgated by ARDEC and/or Picatinny Arsenal, including but not limited to traffic regulations. Additionally, all contractor employees working on classified contracts shall comply with the requirements of the National Industrial Security Program (NISPOM) and Army Regulation 380-5, Department of the Army Information Security Program. The term quote mark contractor employee quote mark includes employees, agents, students or student interns, or representatives and all employees, agents or representatives of all subcontractors and suppliers. Contractors are responsible for obtaining/returning identification badges /passes and vehicle decals/passes for each contractor employee who will work on the contract or enter Picatinny Arsenal. The badges/passes/decals are required for the term of the contract until completion or until release of the employee. a. To obtain proper identification, contractor employees requiring recurring access (more than 90 days), must complete an application identification form (SMCAR 3058) for access to the installation. The form can be obtained from the Contracting Officer (CO) or Contracting Officer Representative (COR). The form must be signed by the CO or COR and also identify the contract number and expiration date before the badge can be issued. This form is brought to the Security Division, Badge and Identification Section, Building 1136 for processing of proper identification required per terms of the contract. Contractors requiring access for less than 90 days will be required to obtain a pass (Visitor Registration Form) from the Visitor Control Center. Passes will be issued for dates access is required, not to exceed 90 days. The CO or COR must complete the Visitor Registration Form applications on the PICAWEB prior to the contractor employee arriving at Picatinny Arsenal. b. For the performance of this contract, the contractor shall utilize only employees who are U.S. Citizens or lawfully admitted and employed non-citizens. c. The contract will not take effect until the contractor certifies, in writing, that all personnel utilized in the performance of this contract have been, or will be verified to be lawfully employable in the United States, and that the contractor has or will complete a criminal background check before an individual is utilized in performance of this contract. i. Lawful employability will be verified by means of Employment Eligibility Form, INS Form I-9(if applicable), or by other applicable INS documentation approved for a specific non-citizen status. ii. The criminal background check will establish that neither the Contractor, nor individual's state or nation of permanent residence has any record or credible information that the individual has a quote mark criminal history quote mark. In this context, quote mark criminal history quote mark will be defined as adjudicated guilt or pending adjudication of a crime as defined under New Jersey law, or equivalent offense under the applicable laws of another jurisdiction. If the contractor has doubt about the applicability of an offense to this definition, the circumstances must be reported to ARDEC Security for adjudication of the individual's employability. quote mark d. Any delay in the furnishing of the above, including any delay in the obtaining of the background check, is at the sole risk of the contractor and will not be the basis of any equitable adjustment or other change to the contract. e. The contractor shall utilize only qualified, responsible, and capable employees in the performance of the work on the contract. The Contractor shall not employ persons for contract work to be conducted on the installation who have criminal history. The Contracting Officer will require that the contractor remove from performance of work, employees who have a criminal history, endanger persons or property, or whose continued employment under this contract is inconsistent with the interests of military security. Additionally, the ARDEC Commander may bar such employees from the installation. f. The identification badge or pass issued to each employee of the contractor is for his own use only. Misuse of the badge or pass, such as permitting others to use it will result in criminal charges under Title 18 USC 499 and 701; and barring the employee from Picatinny Arsenal. Should the employee lose the badge or pass, the contractor may be charged for the cost of re-issuance of the badge or pass. Additionally, the employee and the contractor must submit a sworn affidavit as to the circumstances of the loss before a new badge or pass is issued. g. Fingerprinting of employee and any other procedure deemed necessary for the security of Picatinny Arsenal may be required at the discretion of Picatinny Security. All Contractor personnel requiring access to the Picatinny ADP system are required to have a National Agency check. h. Permission to use photographic capable cell phones on Army installations must be requested through proper security channels. No Portable Electronic Devices (PED) devices will be used in an area where classified information is discussed or electronically processed. i. Currently, all (to include personally owned) photographic capable devices will not be brought onto the Picatinny Arsenal installation nor used by personnel on Army installations as a photographic device without proper authority granted by the Security Office. If an individual is seen using one of these phones as a photographic device, the phone will be confiscated and turned in to the Security Office IAW AR 190-13, para 6-6a(1). All images on the phone will be removed, and the individual will be allowed to pickup his/her phone at the end of the day from the Security Office. This policy applies to all military personnel, government civilians, contractors, and visitors. 2. All contractor employees, while on the premises at Picatinny Arsenal, shall continually wear the badge, obtained pursuant to paragraph 1 above. The badge shall be worn so as to be visible to others at all times. Individuals issued passes will have on their person the pass. Passes will be presented upon request by Security personnel or other government official charged with security of the area. 3. All contractor employees meeting with Government employees or attending meetings at Picatinny, shall, at the beginning of the meeting, announce to all other attendees that they are contractor employees, employed by (Name of Contractor's name/address), and the name of all other companies or individuals that currently employs them or that the contractor employee currently represents. In addition, contractor employees shall wear a visible badge that displays their company's name. If a visiting contractor is working on a classified contract his/her visit request with security clearance information must be approved by the ARDEC Industrial Security Division, where it will be held on file. Government employees hosting meetings will verify the contractor employee's security clearance information is on file in the ARDEC Security Division prior to contractor access to classified information. 4. When the contract number under which the badge / pass was obtained is completed (date of last delivery or performance of last service, termination of the contract or release of the employee) including any exercise of an option pursuant to the terms of the contract, the contractor shall return the badges / passes for all of their employees to Picatinny Security and obtain a receipt for each within (3) three business days. Identification cards, Computer Access Cards and computer accounts must be surrendered to ARDEC - Security upon completion of the contract or an employee's termination during the life of the contract. 5. Failure to comply with the requirements of paragraph 4 will be grounds for withholding any funds due the contractor until completion of the requirement, notwithstanding any other clause or requirements in the contract. Failure to comply may also be used as an adverse factor with respect to contractor past performance in connection with award of future contracts to the firm. 6. If the contractor obtains a new or follow-on contract for work at Picatinny Arsenal, he shall obtain new badges / passes for each of his employees indicating the new or follow-on contract number and comply with the applicable provisions of the follow-on contract which cover the subject matter of this Clause. This paragraph does not apply to the exercise of an option. 7. The contractor and each contractor employee working on Picatinny Arsenal shall sign a Non-disclosure Agreement on their company's letterhead prior to commencing work under the contract or obtaining the badges / passes required by paragraph 1 above. There will be one Non-disclosure Agreement for each employee. The Non-disclosure Agreement shall be in the format indicated below. 8. The COR has the responsibility to assure contractors comply with the provisions of this clause. The COR/Government Point of Contact (POC) shall coordinate the contractor's obtaining and returning of badges / passes and signature of the Non-disclosure Agreement. The contractor shall furnish, before initiating work under the contract, the COR/Government POC two (2) copies of each fully completed, signed, SMCAR 3058 and non-disclosure statement for each contractor employee. One copy shall be maintained in the COR/Government POC file. The COR/Government POC shall furnish the other copy to the Contracting Officer for inclusion in the official contract file. 9. Contractor Employees having a mission related need to use a camera any place on the Installation will submit a request for camera pass in accordance with ARDEC Regulation 190-4, to the Contracting Officer Representative (COR) of the contract and obtain a camera pass by the Chief of Police prior to bringing a camera onto the installation. 10. Before any contractor employee can be given access to quote mark non- public information quote mark (as defined below) there must be a signed, written agreement between the recipient contractor/contractor employee and the owner of the non-public information. A copy of the agreement will be made a part of the contract file. FORMAT FOR NON-DISCLOSURE AGREEMENT I, ____________________, an employee and authorized representative of __________________________, a Contractor providing support services to Picatinny Arsenal or its tenants (hereinafter PICATINNY), and likely to have access to nonpublic information (hereinafter RECIPIENT), under contract number ______________________, agrees to and promises the following: WHEREAS RECEIPIENT is engaged in delivery support services to PICATINNY under contract; and WHEREAS, It is the intention of PICATINNY to protect and prevent unauthorized access to and disclosure of nonpublic information to anyone other than employees of the United States Government who have a need to know; and, WHEREAS, PICATINNY acknowledges that RECIPIENT will from time to time have or require access to such nonpublic information in the course of delivering the contract services; and, WHEREAS, RECIPIENT may be given or other have access to nonpublic information while providing such services; and, WHEREAS, quote mark nonpublic information quote mark includes, but is not limited to such information as: proprietary information (e.g., information submitted by a contractor marked as proprietary); advanced procurement information (e.g., future requirements, statements of work, and acquisition strategies); source selection information (e.g., bids before made public, source selection plans, and rankings of proposals); trade secrets and other confidential business information (e.g., confidential business information submitted by the contractor); attorney work product; information protected by the Privacy Act (e.g., social security numbers, home addresses and telephone numbers); and other sensitive information that would not be released by PICATINNY under the Freedom of Information Act (e.g., program, planning and budgeting system information); NOW THEREFORE, RECIPIENT agrees to and promises as follows: RECIPIENT shall not seek access to nonpublic information beyond what is required for the performance of the support services contract; RECIPIENT will ensure that his or her status as a contractor employee is known when seeking access to and receiving such nonpublic information of Government employees; As to any nonpublic information to which RECIPIENT has or is given access, RECIPIENT shall not use or disclose such information for any purpose other than providing the contract support services, and will not use or disclose the information to any unauthorized person or entity for personal, commercial, or any unauthorized purposes; and If RECIPIENT becomes aware of any improper release or disclosure of such nonpublic information, RECIPIENT will advise the contracting officer in writing as soon as possible. The RECIPIENT agrees to return any nonpublic information given to him or her pursuant to this agreement, including any transcriptions by RECIPIENT of nonpublic information to which RECIPIENT was given access, if not already destroyed, when RECIPIENT no longer performs work under the contract. RECIPIENT understands that any unauthorized use, release or disclosure of nonpublic information in violation of this Agreement will subject the RECIPIENT and the RECIPIENT's employer to administrative, civil or criminal remedies as may be authorized by law. RECIPIENT(((((((((((((((signature) PRINTED NAME less than less than less than less than less than less than less than less than less than less than less than less than less than less than TITLE less than less than less than less than less than less than less than less than less than less than less than less than less than less than EMPLOYER less than less than less than less than less than less than less than less than less than less than less than less than less than less than CONTRACT CLAUSES: By Reference 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2014) 52.204-7 SYSTEM FOR AWARD MANAGEMENT (FEB/1998) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL/2013) 52.232-1 PAYMENTS (APR/1984) 252.203-7002 REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN/2009) 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB/2014) 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC/1991)252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC/2006) 52.215-4005 ELECTRONIC AND NON-ELECTRONIC PROPOSAL SUBMISSION REQUIREMENTS (OCT/2010) Full Text: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (June 2014) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22U.S.C. 7104(g)). --Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 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: _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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 (Apr 2010) (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved]. ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __X_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)(section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161) ___ (11) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Nov 2011)(15 U.S.C. 657a). ___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (13) [Reserved] ___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011) of 52.219-6. ___ (iii) Alternate II (Nov 2011) of 52.219-6. ___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 U.S.C. 637(d)(2) and (3). ___ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013)(15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Jul 2010) 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 (Nov 2011)(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)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (24) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f) _X__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)(15 U.S.C. 632(a)(2)). ___ (26) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (27) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). __X_ (28) 52.222-3, Convict Labor (June 2003)(E.O. 11755). __X_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). __X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __X_ (31) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). __X_ (32) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010)(38 U.S.C. 4212). __X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793). __X_ (34) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010)(38 U.S.C. 4212). ___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). ___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (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)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014)+(E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (39)(i) 52.223-14, Acquisition of EPEAT[supreg]-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 (Jun 2014) (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) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83). ___ (44)(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. ___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X_ (46) 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). ___ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150). ___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (52) 52.232-33, Payment by Electronic Funds Transfer -- Central Contractor Registration (Jul 2013)(31 U.S.C. 3332). ___ (53) 52.232-34, Payment by Electronic Funds Transfer -- Other Than Central Contractor Registration (Jul 2013)(31 U.S.C. 3332). ___ (54) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). ___ (56)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: ___ (1) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). ___ (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) (MAY 2014) (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) (29 U.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). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 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. (iv) 52.222-26, Equal Opportunity (Oct 2010)(E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010)(38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). (viii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 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). (xi) 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). (xii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 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. (xv) 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) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB/1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: http://farsite.hill.af.mil/VFAFARa.HTM (End of Clause) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. (a) Definitions. As used in this clause- (1) quote mark Contract financing payment quote mark and quote mark invoice payment quote mark have the meanings given in section 32.001 of the Federal Acquisition Regulation. (2) quote mark Electronic form quote mark means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer. (3) quote mark Payment request quote mark means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (4) quote mark Receiving report quote mark means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/. (c) The Contractor may submit a payment request and receiving report using other than WAWF only when- (1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; (2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., Power Track, Transportation Financial Management System, and Cargo and Billing System); (3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or (4) When the Government wide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required. (d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. (e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests. 252.232-7006 - Wide Area Workflow Payment Instructions (May/2013) (a) Definitions. As used in this clause-- quote mark Department of Defense Activity Address Code (DoDAAC) quote mark is a six position code that uniquely identifies a unit, activity, or organization. quote mark Document type quote mark means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). quote mark Local processing office (LPO) quote mark is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the quote mark Web Based Training quote mark link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). Invoice and receiving Report (COMBO) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. W15BW9 (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 TBD Issue By DoDAAC W15QKN Admin DoDAAC W15QKN Inspect By DoDAAC W15BW9 Ship To Code W15BW9 Ship From Code N/A Mark For Code W15BW9 Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s N/A (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the quote mark Send Additional Email Notifications quote mark field of WAWF once a document is submitted in the system. roger.tang.civ@mail.mil (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. Lewis Fisher WAWF GAM (W15QKN) lewis.d.fisher.civ@mail.mil (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS: By Reference: 52.212-1 INSTRUCTIONS TO OFFEROR'S-COMMERCIAL ITEMS (FEB/2012) By Full Text 52.224-4001 DISCLOSURE OF UNIT PRICE INFORMATION (OCT/2010) This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB/1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/VFAFARa.HTM
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