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FBO DAILY - FEDBIZOPPS ISSUE OF DECEMBER 13, 2014 FBO #4767
MODIFICATION

D -- Information Technology Consolidation Services - Amendment 8

Notice Date
12/11/2014
 
Notice Type
Modification/Amendment
 
NAICS
541513 — Computer Facilities Management Services
 
Contracting Office
Department of the Air Force, Air Force Materiel Command, AFLCMC / AFSC / AFNWC - HILL AFB, ., Hill AFB, Utah, 84056, United States
 
ZIP Code
84056
 
Solicitation Number
FA8201-14-R-InfoTechConsolidation
 
Archive Date
1/1/2015
 
Point of Contact
Andrew S. Taylor, Phone: 8017752394
 
E-Mail Address
andrew.taylor.31@us.af.mil
(andrew.taylor.31@us.af.mil)
 
Small Business Set-Aside
Total Small Business
 
Description
Wage Determination Revision 1 Answers to Questions Revision 1 Amendment 2 For Posting: FA8201-14-R-InfoTechConsolidation are as follows: Added to Bottom of Description: Clause 52.222-44 Attachments added: Answers to Questions Revision 1(see Q's 111, 121), Wage Determination Revision 1. Clarification to Question's 2,3 & 75: The Price Breakout is required as part of Volume 1. All CLIN 0001 is to be priced as a monthly cost providing all service identified in the PWS, listed below CLIN 0001 as sub-CLIN's. Offeror's shall provide monthly cost for each sub-CLIN under CLIN 0001 to be summed up in the unit cost area for CLIN 0001. Unit cost for CLIN 0001 will be for a single month, whereas the total cost will sum up all 9 months of this requirement. CLIN 0002 will be priced as a "Per Hr. Rate" being utilized in emergency situations determined by the government, and will only have a unit cost. CLIN 0003 will not be separately priced. -------------------------------------------------------------------------------------------------------- Amendment 1 For Posting: FA8201-14-R-InfoTechConsolidation are as follows: Corrected NAICS Code in Description to: 541513. Changed Proposal Due Date to: No later than 1300 (1pm MST), Wednesday, 17 Dec 2014. Added to bottom of Description: Clauses 52.212-3, 5352.204-9000, 5352.242-9000, and 5352.242-9001. Attachments added: Answer's to Questions for Information Technology Consolidation, DD 254, FOUO & OPSEC Addendums, Price Breakout Amendment 1, PWS Revision 1, PWS Summary of Changes, Wage Determination, Workload Estimates Amendment 1, and Zone's. Request for Proposal: FA8201-14-R-InfoTechConsolidation This is a combined synopsis and solicitation for a commercial service prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; therefore proposals are being requested and a written solicitation will not be issued. This solicitation, FA8201-14-R- InfoTechConsolidation, is issued as a request for proposal (RFP) for Information Technology Consolidation Services per the attached Performance Work Statement (PWS). Submit only written offers; oral offers will not be accepted. All firms or individuals responding must be registered with System for Award Management (SAM). The NAICS code for this effort is 541513 and is being solicited as a 100% small business set-aside. The FSC code for this effort is D316. This solicitation document and incorporated provisions and clauses are in effect through Federal Acquisition Circular 2005-77. Please Propose the following item: CLIN 0001 - All Services Described in the PWS. Quantity: 9 Unit of issue: Months CLIN 0002 - Over and Above Work. Quantity: 1 Unit of issue: Lot CLIN 0003 - Deliverables (CDRL) NSP. Quantity: 1 Unit of issue: Lot Type of Contract: Firm Fixed Price Deliveries or Performance: The period of performance for the contract will be nine (9) months. Site Visit: N/A POC: All questions regarding this solicitation can be sent to Andrew.Taylor.31@us.af.mil and must be received NLT 01 December 2014. Proposals are required to be received no later than 1300 (1pm MST), Wednesday, 17 Dec 2014. Notice to Offerors: The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. The following provisions and clauses apply to this acquisition: 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (IAW FAR 12.301(b)(1)) (APR 2014): Paragraph (b), entitled "Submission of Offers": (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show -- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The proposal shall consist of two (2) separate volumes; Volume 1 - Cost/Price Proposal and Volume 2 - Technical Proposal (Maximum of 30 pages). Offerors are not required to provide past performance information. 52.212-2: EVALUATION - COMMERCIAL ITEMS: The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal conforms to the solicitation requirements. Proposals will be evaluated on lowest price technically acceptable basis. Award will be conducted under the provisions of FAR Part 12, Commercial Items, and FAR 13.5, Simplified Acquisition Procedures. Submit only written offers; oral offers will not be accepted. All firms or individuals responding must be registered with the System for Award Management (SAM). BASIS FOR AWARD EVALUATION FACTORS FOR AWARD USING LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) PROCEDURES A. BASIS FOR CONTRACT AWARD This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures, to make an integrated assessment for a best value award decision. Tradeoffs will not be permitted. Award will be made to the Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR) Part 9, as supplemented, whose proposal conforms to the solicitation's requirements and is judged, based on the evaluation factors, to represent the best value to the Government. The SSA will base the source selection decision on an integrated assessment of proposals against all source selection criteria in the solicitation (described below). While the Government source selection evaluation team and the SSA will strive for maximum objectivity, the source selection process, by its nature, is subjective and, therefore, professional judgment is implicit throughout the entire process. The Government reserves the right to award without discussions. Therefore, each initial offer should contain the Offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. B. NUMBER OF CONTRACTS TO BE AWARDED The Government intends to select one contractor for this acquisition. However, the Government reserves the right not to award a contract at all, depending on the quality of the proposals and prices submitted and the availability of funds. C. REJECTION OF UNREALISTIC OFFERS The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract or price terms and conditions, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program. D. CORRECTION POTENTIAL OF PROPOSALS The Government will consider, throughout the evaluation, the "correction potential" of any proposal uncertainty. The judgment of such "correction potential" is within the sole discretion of the Government. If an aspect of an Offeror's proposal not meeting the Government's requirements is not considered correctable, the Offeror may be eliminated from the competitive range. E. EVALUATION CRITERIA 1. Factors: Factor 1 - Cost/Price Factor 2 - Technical Subfactor 1 - Security Management Subfactor 2 - Program Management Subfactor 3 - Technical Expertise Award will be made to the Offeror proposing the combination most advantageous to the Government based upon an integrated assessment of the evaluation factors herein. 2. Order of Importance: In LPTA, Proposals are evaluated for acceptability but not ranked using the non-cost/price factors. 3. Evaluation Methodology: Proposals will be first evaluated by price and then evaluated for technical acceptance. Once the offers are ranked by TEP, they will then be evaluated for technical acceptability from lowest price to highest price until a technically acceptable offer is found. When the offer with the lowest price is deemed technically acceptable, no further technical evaluations will be conducted for any of the remaining offers. Technical evaluations shall be evaluated as set forth in paragraph 5 below, with a determination of Acceptable or Unacceptable. 4. Factor 1 - Cost/Price: (1) Total Evaluated Price (TEP) The offeror's Price Volume will be evaluated for award purposes based upon the total anticipated contract value. The Total Evaluated Price (TEP) will be calculated as the sum of the Firm-Fixed-Price sub-CLINs under CLINs 0001-0003, and the sum of the sub-CLINs under CLIN 0002, "over and above" shall be evaluated for balance and reasonableness by comparing against commercial market rates and or wage determination rates. The TEP will be provided to the Source Selection Authority (SSA) for consideration in the best value decision. (2) Price Reasonableness An offeror's Price Volume will be evaluated, using one or more of the techniques defined in FAR 15.404, in order to determine if it is reasonable. A price is reasonable when it provides best value to the Government when consideration is given to the current market prices, technical and functional capabilities of the offeror and risk. IAW FAR 15.403-1(b), the Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price criteria for reasonableness. When adequate price competition exists, generally no additional information is necessary to determine the reasonableness of price. (3) Unbalanced CLIN Prices Price analysis and evaluation of the information in the Price Volume will be used to determine if the prices for the proposed contract line items are balanced or unbalanced. Unbalanced pricing exists when, despite an acceptable total solicitation effort price, the price of one or more contract line items or sub line items appears to be significantly over or under-stated. Unbalanced pricing may result in an offer being rejected if the Government determines that it presents an unacceptable risk to the Government. F. TRADEOFFS Tradeoffs are not permitted in LPTA procedures. G. DISCUSSIONS It is the Government's intent to award without discussions; therefore, it is imperative that offerors submit their best terms initially. However, if it is determined to be in the best interest of the Government, they will be held in written format. H. SOLICITATION REQUIREMENTS, TERMS AND CONDITIONS Offerors are required to meet all solicitation requirements, such as complete terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide accompanying rationale. 5. Factor 2 - Technical: Each subfactor within the technical factor will receive one of the ratings described below based on the criteria listed below. Individual subfactor ratings will be used to determine the overall technical acceptability of each proposal. To be technically acceptable at the factor level, the Offeror must be rated acceptable in each subfactor. A final unacceptable subfactor assessment will determine an overall technical unacceptable rating. ACCEPTABLE - The proposal meets specified minimum requirements necessary for acceptable contract performance. UNACCEPTABLE - The proposal fails to meet specified minimum requirements necessary for contract performance. Proposals with an Unacceptable rating are not awardable. Subfactor 1: Security Management The Government will assess the Offeror's proposed Security Management approach. The subfactor threshold (minimum) is met when the Offeror's proposal demonstrates details and development of the processes on all of the following essential components and is supported by the inclusion of previous contract experience in these areas: a. SECURITY CLEARANCE PROCESS: (PWS ref: 4.1, 4.2) The offer demonstrates a clear understanding of the security clearance process to ensure contractor personnel have the applicable clearances to accomplish the Base-Wide Network, Web and PC Support Services mission IAW DoD 5220.22-M "National Industrial Security Program Operating Manual" (NISPOM), AFI 31-501, "Personnel Security Program Management", and AFI 31-601, "Industrial Security Program Management". b. INFORMATION ASSURANCE: (PWS ref: 1.7, 4.24) The offer demonstrates a clear understanding of an Information Assurance process to ensure the availability, integrity, authentication, confidentiality and non-repudiation of Air Force information and information systems (IS), that provides for restoration through incorporation of protection, detection, reaction capabilities, and contingency procedures IAW AFI 33-138, "Enterprise Network Operations Notification and Tracking" and AFI 33-200, "Information Assurance (IA) Management". c. SECURITY INCIDENT PROCESS: (PWS ref: 4.17) The offer demonstrates a clear understanding of a security incident process that effectively addresses the identification, reporting, prevention and remediation of security incidents involving classified and unclassified Air Force networks and/or equipment IAW AFI 33-138 "Enterprise Network Operations Notification and Tracking" and 33-200, "Information Assurance (IA) Management". d. SOFTWARE MANAGEMENT: (PWS ref: 1.6 & throughout) The offer demonstrates a clear understanding of software management that effectively addresses a process for license management of Commercial Off-The-Shelf (COTS) IAW AFI 33-114, "Software Management". e. ASSET MANAGEMENT: (PWS ref: 1.9 & throughout) The offer demonstrates a clear understanding of the asset management process that addresses conducting inventories, asset management and documentation, initiation of the Report of Survey Process (ROS) and other asset management duties IAW AFI 33- 112, "Information Technology Hardware Asset Management". Subfactor 2: Program Management The Government will assess the Offeror's proposed Program Management approach. The subfactor threshold (minimum) is met when the Offeror's proposal demonstrates details and development of the processes of the following essential areas: a. EDUCATION AND TRAINING PROGRAM (PWS ref: Throughout): 1) Capability to identify and categorize the positions and certification of contractor personnel conducting Information Assurance (IA) functions for an effective and practical application of skill sets IAW DoD 8570.1-M, Chapters 3 and 4, "Information Assurance Workforce Improvement Program" for all areas of the PWS. Capability to ensure contractor personnel obtains and maintains the required commercial certifications. 2) Capability to effectively address new and evolving technologies such as Information Technology Infrastructure Library (ITIL) that demonstrates how the Offeror's program ensures personnel are current and qualified. 3) Capability to effectively provide an adequate labor skill mix and sufficient plan to recruit and retain qualified personnel with required certifications and qualifications required by the PWS (which includes DoD 8570.01-M) needed to fulfill the requirements of this contract that identifies the types of certifications required for level one, two, and three at the technical and managerial levels. b. TRANSITION PLAN (PWS ref: 4.37): 1) A capable identification plan which successfully mitigates anticipated risks associated with the transition of existing support requirements. 2) Capability to effectively perform transition management of on-going base-wide IT workload Subfactor 3: Technical Expertise The Government will assess the Offeror's proposed Technical Expertise approach. The subfactor threshold (minimum) is met when the Offeror's proposal demonstrates all of the following essential disciplines and is supported by the inclusion of previous contract experience in these areas: a. Network Management (network routers and switches) - (PWS ref: 1.10) The government will assess the Offeror's approach to provide effective, efficient, secure, and reliable information network services used in critical Air Force communications and information processes and manage the increasingly complex network environment and provide customers high quality services. IAW AFI 33-115, Volumes 1 and 2. b. Service Desk Support - (PWS ref: 1.5) The government will assess the Offeror's Service Desk support approach to receive, document, assign, troubleshoot, resolve, report and track to completion all end user, workstation and information network issues using a documented process. IAW AFI 33-115, Volumes 1 and 2. c. Client Support Technician (desktop management) - (PWS ref: 1.8) The government will assess the Offeror's approach to perform the installation of equipment, connection of peripherals, and the installing/deleting of client level software, configuration of client level software, modify software configuration, perform basic configuration management functions, perform initial client workstation diagnostics and troubleshooting of client workstations assigned to them, report security breaches and distribute security information and other duties IAW AFI 33-115, Volumes 1 and 2. d. Server Administration - (PWS ref: 1.12 )The government will assess the Offeror's approach to ensure servers are properly configured for network operation, are on-line, and are available to customers to include clusters, Storage Area Networks (SAN), EMC Storage Systems, Hill-2K Domains, Exchange Mail Systems, Blackberry Enterprise Servers and Enterprise Backup Systems. The current supported environment includes Windows (2000 and 2003) and UNIX (Solaris/Linux) servers, tape libraries, SAN and network attached storage (NAS). IAW AFI 33-115, Volumes 1 and 2. e. Enterprise System Management/Patch Management - (PWS ref: 1.7.1) The government will assess the Offeror's approach to implement Time Compliance Network Order (TCNO) countermeasures, coordinate TCNO implementation, report TCNO compliance metrics, assist Air Force customers in eradicating malicious logic from a network, information systems, and stand-alone computing devices and assist Air Force customers in assessing the scope of unauthorized network activities or incidents IAW AFI 33-138. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (IAW FAR 12.301(b)(2)) Nov 2013: An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs through of this provision. 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS ITEMS (MAY 2014)(IAW FAR 12.302) Addendum to 52.212-4 Paragraph (c), entitled ‘Changes': Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes (such as changes in paying office, appropriation data, etc.) may be changed unilaterally by the Government. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013 - O0019)(JUL 2014): (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (viii) 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. (ix) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (x) 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)). (xi) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xii) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xiii) 52.222-54, Employment Eligibility Verification (Jul 2012). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 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. 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET ASIDE (Nov 2011) (15 U.S.C. 644). 52.222-3 CONVICT LABOR(IAW FAR 22.202) 52.222-19 CHILD LABOR- Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126) 52.222-21 PROHIBITION OF SEGREGATED FACILITIES(IAW FAR 22.810(a)(1)) JUN 2003FEB 1999 52.222-26 EQUAL OPPORTUNITY(IAW FAR 22.810(e)) APR 2002 52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUL 2014 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES(IAW FAR 22.1408(a)) 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) (22 U.S.C. 7104(g)) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.13513). 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES(IAW FAR 25.1103(a)) DEC 2003 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION(IAW FAR 32.1110(a), (a)(1), (b), and (e)(1)) OCT 2003 (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. 52.233-3 PROTEST AFTER AWARD (AUG 1996) (31 U.S.C. 3553). 52.233-4 APPLICABBLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). 52.252-2 CLAUSES INCORPORATED BY REFERENCE(IAW FAR 52.107(b)) FEB 1998 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil. OTHER FAR CLAUSES AND PROVISIONS 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 - Alt 1 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014 52.204-2 Security Requirements AUG 1996 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment AUG 2013 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013 52.219-8 Utilization of Small Business (IAW FAR 19.708(a)) MAY 2004 52.219-14 Limitations On Subcontracting NOV 2011 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-22 Previous Contracts and Compliance Reports FEB 1999 52.222-41 Service Contract Labor Standars (MAY 2014)(41 U.S.C chapter 67) 52.222-50 Combating Trafficking in Persons FEB 2009 52.222-99 Establishing A Minimum Wage For Contractors (DEVIATIONS 2014-O0017) JUN 2014 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating Iran-Representation and Certifications DEC 2012 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-23 Assignment Of Claims JAN 1986 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes JUL 2002 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.239-1 Privacy or Security Safeguards AUG 1996 52.246-4 Inspection of Services--Fixed Price AUG 1996 52.252-4 Alterations in Contract APR 1984 52.252-6 Authorized Deviations in Clauses APR 1984 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION Employee Class Monetary Wage-Fringe Benefits DOL 14160 Personal Computer Support Tech GS-07 - $21.75 (End ofclause) DFARS CLAUSES AND PROVISIONS 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013 252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials APR 2012 252.225-7048 Export-Controlled Items JUN 2013 252.232-7007 Limitations on Government's Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7016 Telecommunications Security Equipment, Devices, Techniques, And Services DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal MAY 2013 Additional applicable DFARS clauses cited within DFARS clause 252.212-7001: 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7006 Wide Area Work Flow Payment Instructions MAY 2013 252.246-7000 Material Inspection and Receiving MAR 2003. The Government reserves the right to award on a multiple award or an all or none basis. 252.217-7028 OVER AND ABOVE WORK. (DEC 1991) (a) "Definitions." As used in this clause - (1) "Over and above work" means work discovered during the course of performing overhaul, maintenance, and repair efforts, to include maintenance, repair, troubleshooting, administration and support of networks, systems and computers that is -.... (i) Within the general scope of the contract; (ii) Not covered by the line item(s) for the basic work under the contract; and (iii) Necessary in order to satisfactorily complete the contract. (2) "Work request" means a document prepared by the Contractor which describes over and above work being proposed. (b) The Contractor and Administrative Contracting Officer shall mutually agree to procedures for Government administration and Contractor performance of over and above work requests. If the parties cannot agree upon the procedures, the Administrative Contracting Officer has the unilateral right to direct the over and above work procedures to be followed. These procedures shall, as a minimum, cover - (1) The format, content, and submission of work requests by the Contractor. Work requests shall contain data on the type of discrepancy disclosed, the specific location of the discrepancy, and the estimated labor hours and material required to correct the discrepancy. Data shall be sufficient to satisfy contract requirements and obtain the authorization of the Contracting Officer to perform the proposed work; (2) Government review, verification, and authorization of the work; and (3) Proposal pricing, submission, negotiation, and definitization. (c) Upon discovery of the need for over and above work, the Contractor shall prepare and furnish to the Government a work request in accordance with the agreed-to procedures. (d) The Government shall - (1) Promptly review the work request; (2) Verify that the proposed work is required and not covered under the basic contract line item(s); (3) Verify that the proposed corrective action is appropriate; and (4) Authorize over and above work as necessary. (e) The Contractor shall promptly submit to the Contracting Officer, a proposal for the over and above work. The Government and Contractor will then negotiate a settlement for the over and above work. Contract modifications will be executed to definitize all over and above work. (f) Failure to agree on the price of over and above work shall be a dispute within the meaning of the Disputes clause of this contract. (End of clause)(This clause has been modified) AFFARS CLAUSES 5352.201 Ombudsman (2014) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, [Kevin Flinders, 6038 Aspen Ave., Hill AFB, UT 84056, 801-777-6549, kevin.flinders@us.af.mil]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/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. 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications -- Commercial Items (Nov 2014) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policiesand procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation. (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code:_____________________________________________ Immediate owner legal name:______________________________________________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest level owner CAGE code:_____________________________________________ Highest level owner legal name:______________________________________________ (Do not use a "doing business as" name) 5352.204-9000 Notification of Government Security Activity and Visitor Group Security Agreements As prescribed in 5304.404-90, insert the following clause in solicitations and contracts: NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP SECURITY AGREEMENTS (March 2012) This contract contains a DD Form 254, DOD Contract Security Classification Specification, and requires performance at a government location in the U.S. or overseas. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall take the following actions: (a) At least thirty days prior to beginning operations, notify the Information Protection Office shown in the distribution block of the DD Form 254 as to: (1) The name, address, and telephone number of this contract company's representative and designated alternate in the U.S. or overseas area, as appropriate; (2) The contract number and military contracting command; (3) The highest classification category of defense information to which contractor employees will have access; (4) The Air Force installations in the U.S. (in overseas areas, identify only the APO number(s)) where the contract work will be performed; (5) The date contractor operations will begin on base in the U.S. or in the overseas area; (6) The estimated completion date of operations on base in the U.S. or in the overseas area; and, (7) Any changes to information previously provided under this clause. This requirement is in addition to visit request procedures contained in DOD 5220.22-M, National Industrial Security Program Operating Manual. (b) Prior to beginning operations involving classified information on an installation identified on the DD Form 254 where the contractor is not required to have a facility security clearance, the contractor shall enter into a Visitor Group Security Agreement (or understanding) with the installation commander to ensure that the contractor's security procedures are properly integrated with those of the installation. As a minimum, the agreement shall identify the security actions that will be performed: (1) By the installation for the contractor, such as providing storage and classified reproduction facilities, guard services, security forms, security inspections under DOD 5220.22-M, classified mail services, security badges, visitor control, and investigating security incidents; and (2) Jointly by the contractor and the installation, such as packaging and addressing classified transmittals, security checks, internal security controls, and implementing emergency procedures to protect classified material. (End of clause) 5352.242-9000 Contractor Access to Air Force Installations As prescribed in 5342.490-1, insert a clause substantially the same as the following clause in solicitations and contracts: CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012) (a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management] citing the appropriate paragraphs as applicable. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. (End of clause) 5352.242-9001 Common Access Cards (CAC) for Contractor Personnel As prescribed in 5342.490-2, insert a clause substantially the same as the following clause in solicitations and contracts: COMMON ACCESS CARDS (CAC) FOR CONTRACTOR PERSONNEL (NOV 2012) (a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria: (1) Require logical access to Department of Defense computer networks and systems in either: (i) the unclassified environment; or (ii) the classified environment where authorized by governing security directives. (2) Perform work, which requires the use of a CAC for installation entry control or physical access to facilities and buildings. (b) Contractors and their personnel shall use the following procedures to obtain CACs: (1) Contractors shall provide a listing of personnel who require a CAC to the contracting officer. The government will provide the contractor instruction on how to complete the Contractor Verification System (CVS) application and then notify the contractor when approved. (2) Contractor personnel shall obtain a CAC from the nearest Real Time Automated Personnel Identification Documentation System (RAPIDS) Issuing Facility (typically the local Military Personnel Flight (MPF)). (c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy. (d) During the performance period of the contract, the contractor shall: (1) Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing government official; (2) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access; (3) Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date; and (4) Report lost or stolen CACs in accordance with local policy/directives. (e) Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives. (f) Failure to comply with these requirements may result in withholding of final payment. 52.222-44 -- Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment. As prescribed in 22.1006(c)(2), insert the following clause: Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to Contractor collective bargaining agreements. (b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (c) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect increases or decreases by the Contractor in wages and fringe benefits to the extent that these increases or decreases are made to comply with- (1) An increased or decreased wage determination applied to this contract by operation of law; or (2) An amendment to the Fair Labor Standards Act of 1938 that is enacted subsequent to award of this contract, affects the minimum wage, and becomes applicable to this contract under law. (d) Any such adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (c) of this clause, and to the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance; it shall not otherwise include any amount for general and administrative costs, overhead, or profit. (e) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after the effective date of the wage change, unless this period is extended by the Contracting Officer in writing. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract) claimed and any relevant supporting data that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date. (f) The Contracting Officer or an authorized representative shall, until the expiration of 3 years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor. (End of Clause) All proposals must be sent to SrA Taylor by email, Andrew.Taylor.31@us.af.mil or mailed to 6038 Aspen Avenue, BLDG 1289 NE, Hill AFB, UT 84056. Proposals are required to be received no later than 1300 (1pm MST), Wednesday, 17 Dec 2014. Attachments -Performance Work Statement -Price Breakout -Workload Estimates -PWS Labor Reporting -----------------------------------------------------------------------------------Amendment 1 Additions -Answer's to Questions for Information Technology Consolidation -DD 254 -FOUO Addendum -OPSEC Addendum -Price Breakout Amendment 1 -PWS Revision 1 -PWS Summary of Changes -Wage Determination -Workload Estimates Amendment 1 -Zone's -----------------------------------------------------------------------------------Amendment 2 Additions -Answer's to Questions Revision 1 -Wage Determination Revision 1
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/USAF/AFMC/OOALC/FA8201-14-R-InfoTechConsolidation/listing.html)
 
Place of Performance
Address: Hill AFB, Hill AFB, Utah, 84056, United States
Zip Code: 84056
 
Record
SN03593489-W 20141213/141211234315-3bde1634e1362e6caf95328117210df0 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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