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FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 13, 2017 FBO #5620
SOLICITATION NOTICE

W -- Yakima Training Center Annual Training Support - QASP

Notice Date: 4/11/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: 561210 — Facilities Support Services
Contracting Office: Department of the Army, National Guard Bureau, USPFO for Oregon, Attn: USPFO-P, PO Box 14840, Salem, Oregon, 97309-5008
ZIP Code: 97309-5008
Solicitation Number: 11000834
Archive Date: 5/27/2017
Point of Contact: Andrea K. Smothers, Phone: 5035843787
E-Mail Address: andrea.k.smothers.mil@mail.mil
(andrea.k.smothers.mil@mail.mil)
Small Business Set-Aside: Total Small Business
Description: Action Code: Combined Synopsis/Solicitation Notice Class Code: W099 Subject: Support Services and Supplies at Yakima Training Center, near Yakima, Washington in support of ORARNG Annual Training Solicitation Number: 11000834 Posted Date: April 11, 2017 Set-Aside: 100% Small Business Set Aside Response Date: May 12, 2017 @ 10:00 am PST Contracting Office Address: United States Property and Fiscal Office ATTN: USPFO-P 1776 Militia Way/PO Box 14350 Salem, Oregon 97309-5047 Place of Performance: Yakima Training Center, Yakima Washington Details: 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 solicitation is 100% set-aside for small businesses. The North American Industry Classification System (NAICS) code for this acquisition is 561210. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83. Information to Offerors If you have any questions or concerns regarding this Request for Quote (RFQ), please contact Andrea Smothers at 503-584-3787 or at email: andrea.k.smothers.mil@mail.mil SAM vendor registration is required. Please visit www.sam.gov. Step-by-step information on how to register is detailed on the website. Lack of registration in the SAM database will make an offeror ineligible for award. Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors' proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors' proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text through http://farsite.hill.af.mil. Please review FAR clause 52.229-3 for any exemptions in Federal, State and Local Taxes and their applicability pertaining to your quote for this RFQ. OFFERORS ARE HIGHLY ENCOURAGED TO READ THE PERFORMANCE WORK STATEMENT (PWS) IN ITS ENTIRETY AND SUBMIT ANY QUESTIONS BEFORE THE CLOSING DUE DATE AND TIME AND PRIOR TO SUBMITTING A QUOTE. This Request for Quote (RFQ) will result in a firm fixed price contract. Contract will be awarded to the contractor who provides a proposal that conforms to the terms and conditions of this solicitation and meets all the requirements outlined in the Basis for Award, PWS, and provides the lowest price for CLINS 0001-0004 (Use PWS Price Schedule for pricing purposes below) and is determined responsible IAW FAR Subpart 9.104-1. Ensure your proposal is detailed enough to determine that it meets that terms and conditions of the requirement. PRICES QUOTED MUST BE VALID FOR 30 DAYS. FOB Destination TO: Oregon Army National Guard Yakima Training Center 970 Firing Center Road Yakima, Washington 98901 Please return this page and provide the following information. Contact Person: ________________________________________________________ E-mail Address: ________________________________________________________ Telephone: ____________________________________________________________ DUNS Number: _________________________________________ CAGE Code: ________________________________________ Federal Tax ID Number _____________________________________________ To expedite the determination of responsibility (DOR) IAW FAR 9.1 the apparent awardee should provide with their quote: 1.) The contractor acknowledges that they shall provide all equipment, material, labor, supervision; supplies maintenance and items necessary in support of the Oregon Army National Guard's Annual Training to be conducted a t Yakima Training Center. 2.) The contractor will provide all information outlined in the Basis for Award and provide the most accurate and detailed technical quote for evaluation by a government official. 3.) The contractor shall provide a delivery and set up schedule to the Contracting Officer (KO) and the Contracting Officer's Representative (COR) by 10 July 2017. 4.) The contractor shall provide Pricing for CLIN's 0001 -0007 into the PWS price schedule along with a total that includes FOB Destination, Travel and Taxes. Basis for Award The Government will award one contract resulting from this solicitation in accordance with FAR 13.106 to the responsible offeror conforming to all requirements in this solicitation and quoting the lowest price offeror. It is also required that you provide adequate technical documentation as required by the Performance Work Statement in this solicitation to determine you are capable of providing this service. Technical Pamphlets, past performance information from previous requirements working with the government, and evaluations from previous work with the government will also be accepted for technical acceptance. PERFORMANCE WORK STATEMENT 2-218 FA BN ANNUAL TRAINING Yakima Training Center 1. Introduction The contractor shall provide all equipment, material, labor, supervision; supplies and items necessary in support of the Oregon Army National Guard's Annual Training (AT) to be conducted at the Yakima Training Center (YTC) near Yakima, WA. Contractor shall coordinate with the Government Contracting Officer Representative (COR) for ALL movement of vehicles and personnel onto YTC. This training exercise includes restricted areas and live fire operations. Although these areas will be clearly marked, it will be imperative for the contractor to validate routes for movement on YTC. Safety is the first consideration of all training activities. 2. General Requirements include temporary life support services in support of the Annual Training for the 2-218 FA BN, 1-186 IN, and 741st BEB. The contractor shall coordinate with the Government COR for all site access, deliveries, set-up, maintenance and removal necessary to comply with the requirements of this contract. The contractor will be required to respond to specific emergency maintenance issues related to these requirement 24 hours a day, 7 days a week during the performance period of this contract. Non-functional equipment shall responded to within 2 hours and fixed within 8 hours. Equipment that cannot be repaired must be replaced within 24 hours. The contractor is authorized to occupy a tent or trailer at the YTC. Contractor is also authorized to have a representative at the training site if they so desire to respond to emergency maintenance issues. Location of contractor tents / trailer will be determined by the Government COR. Contractor's tent/trailer must be self-sustaining. The contractor shall provide a specific delivery schedule to the Contracting Officer and the Government COR by 10 July 2017. The Government will provide JP8 to the contractor in the event the equipment they use to power the different systems or pieces of equipment can use JP8 as a power source. In the event the successful awardee request this support they will be required to provide in writing within three (3) days of contract award that their equipment can undoubtedly use JP8. The Government will not replace or repair any equipment that uses Government furnished JP8 in the result the equipment seizes or requires maintenance because of the use of JP8. The Government will not assist the contractor with converting their equipment to use JP8 or provide any additives required to run JP8 in their equipment. These costs shall be included in the proposed price offered by the contractor. The Government cannot provide any other petroleum product other than JP8. The Government is not requiring the contractor furnish equipment that only uses JP8. Contractors that utilize equipment that cannot support the use JP8 will be responsible for providing their own fuel / power source. The contractor will be responsible for containers or other equipment to move the JP8 from the fuel point out to the equipment for refueling The contractor shall establish a call system for service calls/requests to include availability of phone and email. Emergency phone numbers shall be provided to the COR by 10 July 2017. 3. Requirements CLIN 0001 Freezer Van/Trailer TOTAL $________________ 3.1 Freezer van/trailer: Provide one (1) freezer van (48' storage space) for ice storage. Contractor will place the van/trailer at a location as designated by the Government COR, and will not move until the completion of use. Contractor is responsible for re-fueling, relocating (if required) and servicing of freezer van/trailer. All maintenance and support of the van/trailer is to be provided by the contractor. 3.1.1 Acceptable Quality Level: • Serviceable van/trailer appropriate for the storage of ice. • Contractor is required to deliver, set-up, relocate, refuel and maintain continuous operation of the van/trailer. • Freezer van/trailer must maintain a constant temperature at or below 30 degrees Fahrenheit. • Van/trailer is to be equipped with both exterior and interior lights. • Van/trailer is to be equipped with stairs and hand rails for easy access and safety. • Contractor is to maintain the van/trailer as necessary to ensure constant operation and sustainment of proper temperature. If required, contractors are to provide fuel to power source. • Secondary containment is required for any piece of equipment and or vehicle can hold over 55 gallons of a fuel or other petroleum products. • Provide a total of 48' of storage space for freezer space. • 48' trailer or 2 each 4' trailers are the minimum acceptable size 3.1.2 Delivery: • Delivery date: NET 0800hrs, NLT 1500 hrs 14 July 2017 • Delivery Location: YTC, exact location TBD by COR • Relocate date: NET 1100hrs, NLT 1500hrs 26 July 2017 (relocation will be of trailer with ice). • Delivery Location: YTC, exact location TBD by COR • Removal date: NET 1100hrs 02 August 2017, NLT 1500 03 August 2017 (removal will include any remaining ice as well). CLIN 0002 Ice TOTAL $________________ 3.2 Ice: Provide 20,128 pounds of crushed ice. Contractor is required to deliver ice once every 3 days. The COR may request a different delivery schedule based on unforeseen conditions or storage space limitations. Contractor will unload/load at the direction of the Government COR. 3.2.1 Acceptable Quality Level: • Provide 20,128 pounds of crushed ice. • Ice will be delivered to the freezer trailer. 3.2.2 Delivery:  First Delivery: NET 0800hrs, NLT 1500hrs 14 July 2017 (Dependent upon Freezer truck delivery).  Delivery Location: YTC, exact location TBD by COR  Additional Delivery Dates: 18 July, 21 July, 24 July, 27 July and 30 July.  Deliver approximately 3,355 pounds of crushed ice in each delivery. CLIN 0003 Light Sets TOTAL $________________ 3.3 Light Sets: Provide four (4) generator powered towable light towers. Minimum of 4 light heads each with 1000 watt lights. Lighting must be able to run continuously from sundown to sunup. Must contain 30 foot extendable mast and internal receptacles for auxiliary power. Contractor is responsible for delivering, setting up and removal of the light towers. All maintenance and support of the equipment is to be provided by the contractor. Contractor will place the equipment at a location as designated by the COR. Contractor must be available to relocate light towers as required. 3.3.1 Acceptable Quality Level: • Provide 4 towable light towers. • Each towable light tower will have a minimum of 4 light heads x 1000 watt lights. • Lighting must be able to run continuous from sundown to sunup. • Minimum 30 foot extendable mast. • Contains internal electrical receptacles for auxiliary power. • Maintained as required to support operations to include fuel if required and cleaning prior to return. • Non-functional light towers shall responded to within 2 hours and fixed within 8 hours. • Light towers that cannot be repaired must be replaced within 24 hours. • Secondary containment is required for any piece of equipment and or vehicle can hold over 55 gallons of a fuel or other petroleum products. 3.3.2 Delivery: • Delivery date: NET 1400hrs, NLT 1730 26 July 2017 • Delivery Location: YTC, exact location TBD by COR • Removal date: NET 0800, NLT 1700hrs 02 August 2017 CLIN 0004 CMRA TOTAL $________________ 4. Contracting Manpower Recording Act (CMRA): • The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the National Guard Bureau via a secure data collection site. • The Contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www.ecmra.mil • Unit Identification Code (UIC) for the Requiring Activity: W8BAAA • Issuing Office DoDAAC: W912JV TOTAL CLIN 0001 - 0004 $_________________________ 5. Antiterrorism/Operations Security Requirements: 5.1. All delivery drivers shall be able to provide a valid driver's license, valid vehicle registration, and valid vehicle insurance to post security in order to the site. All contracted employees and subcontracted employees will be required to pass the required training below in order to come and go off site or remain onsite for the duration of the requirement. 5.2. AT Level I Training: All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR and to the contracting officer, NLT 10 JUL 2017. AT Level I awareness training is available at the following website: http://jko.jten.mil. 5.3 iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. There will be an AT/OPSEC handout for the contractor to review and a student log for the contractor to sign to complete this requirement. This training shall be completed and the results reported to the COR and the contracting officer NLT 10 JUL 2017. 6. Deliverables: • Delivery Schedule - 10 July 2017 • JP8 Statement - Within 3 days of Contract Award • Emergency phone numbers - 10 July 2017 • 48' Self-Contained Ice Freezer Trailer - 14 July 2017 • Crushed Ice - 15, 18, 21, 24, 27 July and 30 July 2017 • Light Sets - 26 July 2017 • AT Level I Training - 10 July 17 • iWATCH Training - 10 July 17 This announcement is the solicitation which will result in a firm fixed-price contract. Please send Quotes to Andrea Smothers at andrea.k.smothers.mil@mail.mil Provisions and Clauses 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-17 Ownership of Control of Offeror 52.204-18 Commercial and Government Entity Code Maintenance 52.204-22 Alternative Line Item Proposal 52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations 52.212-5 (DEV) Contract Terms and Conditions Required to Implement Statues or Executive Orders--Commercial Items 52.219-14 Limitations On Subcontracting 52.219-28 Post-Award Small Business Program Representation 52.219-6 Notice Of Total Small Business Set-Aside 52.222-21 Prohibition Of Segregated Facilities 52.222-22 Previous Contracts and Compliance Reports 52.222-26 Equal Opportunity 52.222-3 Convict Labor 52.222-36 Affirmative Action For Workers With Disabilities 52.222-41 Service Contract Labor Standards 52.222-50 Combat Trafficking in Persons 52.222-55 Minimum Wages Under Executive Order 13658 52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-18 Contractor Policy to Ban Text Messaging While Driving 52.223-5 Pollution Prevention and Right to Know Information 52.225-13 Restrictions on Certain Foreign Purchases 52.232-33 Payment by Electronic Funds Transfer--System for Award Management 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.237-1 Site Visit 52.237-2 Protection of Government Buildings, Equipment and Vegetation 52.242-13 Bankruptcy 52.243-1 Alt I Changes--Fixed Price 52.246-4 Inspection of Services --Fixed Price 252.201-7000 Contracting Officer's Representative 252.203-7000 Requirements relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7004 ALT A System for Award Management 252.204-7011 Alternative Line Item Structure 252.204-7015 Disclosure of Information to Litigation Support Contractors 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials 252.225-7001 Buy American and Balance of Payments Program 252.225-7002 Qualifying Country Sources as Subcontractors 252.225-7031 Secondary Arab Boycott of Israel 252.225-7035 Alt I Buy American-Free Trade Agreements-Balance of Payments Program Certificate 252.225-7048 Export Controlled Items 252.232-7003 Electronic Submission of Payment Requests 252.232-7010 Levies on Contract Payments 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.244-7000 Subcontracts for Commercial Items 52.204-1 APPROVAL OF CONTRACT (DEC 1989) This contract is subject to the written approval of Contracting Officer and shall not be binding until so approved. (End of clause) 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.-- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could havebeen avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of Clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017) (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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 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 (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 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.) (xiii) 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) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xviii) 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). (xix) 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. (xx) 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) 52.222-42 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. Employee Class Monetary Wage -- Fringe Benefits 23530 - Machinery Maintenance Mechanic $22.99 (End of Clause) WAGE DETERMINATION WD 15-5543 (Rev.-1) was first posted on www.wdol.gov on 01/17/2017 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-5543 Daniel W. Simms Division of | Revision No.: 1 Director Wage Determinations| Date Of Revision: 01/12/2017 _______________________________________|____________________________________________ Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ____________________________________________________________________________________ State: Washington Area: Washington County of Yakima ____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01060 - Dispatcher, Motor Vehicle 18.77 01300 - Scheduler, Maintenance 16.45 01320 - Service Order Dispatcher 18.84 01410 - Supply Technician 24.65 05000 - Automotive Service Occupations 05070 - Automotive Worker 17.82 05110 - Mobile Equipment Servicer 15.82 05190 - Motor Vehicle Mechanic 19.80 05220 - Motor Vehicle Mechanic Helper 14.82 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.95 11122 - Housekeeping Aide 14.75 11150 - Janitor 16.03 11210 - Laborer, Grounds Maintenance 12.77 11240 - Maid or Houseman 10.87 11270 - Tractor Operator 15.28 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 16.37 21030 - Material Coordinator 26.54 21040 - Material Expediter 26.54 21050 - Material Handling Laborer 13.19 21071 - Order Filler 13.22 21110 - Shipping Packer 14.54 21130 - Shipping/Receiving Clerk 14.54 21140 - Store Worker I 11.73 21150 - Stock Clerk 16.73 21210 - Tools And Parts Attendant 16.37 21410 - Warehouse Specialist 16.37 23000 - Mechanics And Maintenance And Repair Occupations 23160 - Electrician, Maintenance 30.09 23311 - Fuel Distribution System Mechanic 25.43 23312 - Fuel Distribution System Operator 19.09 23370 - General Maintenance Worker 19.13 23380 - Ground Support Equipment Mechanic 25.04 23381 - Ground Support Equipment Servicer 20.38 23382 - Ground Support Equipment Worker 21.92 23430 - Heavy Equipment Mechanic 25.42 23440 - Heavy Equipment Operator 25.25 23470 - Laborer 12.28 23530 - Machinery Maintenance Mechanic 25.56 23580 - Maintenance Trades Helper 17.23 31000 - Transportation/Mobile Equipment Operation Occupations 31361 - Truckdriver, Light 15.02 31362 - Truckdriver, Medium 16.28 31363 - Truckdriver, Heavy 21.02 31364 - Truckdriver, Tractor-Trailer 21.02 ____________________________________________________________________________________ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, 4 weeks after 10 years, and 5 weeks after 20 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (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 "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor 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). 2 in 1 (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. N/A (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 HQ0670 Issue By DoDAAC W912JV Admin DoDAAC W912JV Inspect By DoDAAC N/A Ship To Code W90KNA Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) W90KNA 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 "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. lorrie.e.simons.civ@mail.mil; thomas.j.barella.mil@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. andrea.k.smothers.mil@mail.mil (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause)
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Place of Performance: Address: Oregon Army National Guard, Yakima Training Center, 970 Firing Center Road, Yakima, Washington, 98091, United States; Zip Code: 98091
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